[Federal Register Volume 87, Number 88 (Friday, May 6, 2022)]
[Rules and Regulations]
[Pages 26987-26988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09692]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2020-1053; Airspace Docket No. 20-ANM-32]
RIN 2120-AA66


Amendment of Restricted Area R-7001C and Establishment of 
Restricted Areas, R-7001D, R-7002A, R-7002B, and R-7002C; Guernsey, WY

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: This action amends restricted area R-7001C and establishes 
four restricted areas, R-7001D, R-7002A, R-7002B, and R-7002C. The 
Wyoming Army National Guard (WYARNG) requested the establishment of the 
new restricted areas to support its air-to-ground firing from 
helicopters and long range artillery training. This additional airspace 
allows for the segregation of hazardous activities from non-
participating air traffic.

DATES: Effective date 0901 UTC, July 14, 2022.

FOR FURTHER INFORMATION CONTACT: Jesse Acevedo, Rules and Regulations 
Group, Office of Policy, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority. This rulemaking is promulgated under the authority described 
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, 
the FAA is charged with prescribing regulations to assign the use of 
the airspace necessary to ensure the safety of aircraft and the 
efficient use of airspace. This regulation is within the scope of that 
authority as it modifies the air traffic service route structure in the 
north central United States to maintain the efficient flow of air 
traffic.

History

    The FAA published a notice of proposed rulemaking for Docket No. 
FAA-2020-1053 in the Federal Register (86 FR 12552; March 4, 2021) to 
amend restricted area R-7001C and establish four restricted areas, R-
7001D, R-7002A, R-7002B, and R-7002C. The current restricted area was 
made public on February 14, 1962 (27 FR 1355). Since R-7001 was 
established, increased activities, and advancements in technologies 
require amendments to R-7001 and the establishment of new restricted 
areas to ensure non-participating aircraft are protected from hazardous 
activity in the National Airspace System (NAS). Interested parties were 
invited to participate in this rulemaking effort by submitting comments 
on the proposal. No comments were received.

Differences From the NPRM

    In the NPRM published in the Federal Register (86 FR 12552; March 
4, 2021), some of the coordinates defining restricted area R-7002B are 
inaccurately annotated. The first latitude specifies ``42[deg]22'24'' 
N'' and should read as ``42[deg]22'25'' N''. The third set of 
coordinates show the longitude as ``04[deg]43'17'' W'' and should read 
``104[deg]43'17'' W''. This rule corrects these errors.

The Rule

    This action amends 14 CFR part 73 by amending R-7001C and 
establishing R-7001D, R-7002A, R-7002B, and R-7002C at Guernsey, WY. 
The amended and new restricted areas will support the Army's more 
advanced technology weapons systems and provide further safety of the 
NAS for general aviation pilots. The restricted area descriptions are 
as follows:
    R-7001C: R-7001C retain the current boundaries, but the floor of 
the restricted area will begin at 23,501 feet mean sea level (MSL). No 
other changes are made to the legal description.
    R-7001D: R-7001D is established above R-7001C and has the same 
boundaries as the existing restricted area. The altitudes are from 
30,001 to 45,000 feet MSL. Operations are limited to 20 days a year.
    R-7002A: R-7002A is established north of, and shares its southern 
boundary with R-7001A, R-7001B, and R-7001C. The altitudes are from the 
surface to 23,500 feet MSL. Operations are limited to 20 days a year.
    R-7002B: R-7002B is established on the southeast border, and shares 
its northern boundary with R-7001A, R-7001B, and R-7001C. The altitudes 
are from the surface to 23,500 feet MSL. Operations are limited to 20 
days a year.
    R-7002C: R-7002C is established west of, and shares its eastern 
border with R-7001A, R-7001B, and R-7001C. The altitudes are from the 
surface to 23,500 feet MSL. Operations are limited to 20 days a year

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an 
established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
It, therefore: (1) Is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under 
Department of Transportation (DOT) Regulatory Policies and Procedures 
(44 FR 11034; February 26, 1979); and (3) does not

[[Page 26988]]

warrant preparation of a regulatory evaluation as the anticipated 
impact is so minimal. Since this is a routine matter that only affects 
air traffic procedures and air navigation, it is certified that this 
rule, when promulgated, does not have a significant economic impact on 
a substantial number of small entities under the criteria of the 
Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this rulemaking action of amending 
restricted area R-7001C and establishing four restricted areas, R-
7001D, R-7002A, R-7002B, and R-7002C, qualifies for categorical 
exclusion under the National Environmental Policy Act (42 U.S.C. 4321 
et seq.) and its implementing regulations at 40 CFR part 1500, and in 
accordance with FAA Order 1050.1F, Environmental Impacts: Policies and 
Procedures, paragraph 5-6.5a, which categorically excludes from further 
environmental impact review rulemaking actions that designate or modify 
classes of airspace areas, airways, routes, and reporting points (see 
14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas; 
Air Traffic Service Routes; and Reporting Points). As such, this 
rulemaking action is not expected to result in any potentially 
significant environmental impacts. In accordance with FAA Order 
1050.1F, paragraph 5-2 regarding Extraordinary Circumstances, the FAA 
has reviewed this action for factors and circumstances in which a 
normally categorically excluded action may have a significant 
environmental impact requiring further analysis. For this rulemaking 
action, the FAA has determined that no extraordinary circumstances 
exist that warrant preparation of an environmental assessment or 
environmental impact study. On February 2, 2022, and in accordance with 
FAA Order 1050.1F, paragraph 8-2--Adoption of Other Agencies' NEPA 
Documents, the FAA adopted WYARNG's Supplemental Environmental 
Assessment (SEA) and Finding of No Significant Impact/Record of 
Decision (FONSI) for the establishment of R-7001D, at Camp Guernsey, 
Guernsey, Wyoming. WYARNG finalized its SEA in November 2021, and 
signed the FONSI on December 28, 2021.

Lists of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends 14 CFR part 73 as follows:

PART 73--SPECIAL USE AIRSPACE

0
1. The authority citation for part 73 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.


Sec.  73.70   Wyoming [Amended]

0
2. Section 73.70 is amended as follows:
* * * * *

R-7001C Guernsey, WY [Amended]

    Boundaries: Beginning at lat. 42[deg]27'30'' N, long. 
104[deg]52'32'' W; to lat. 42[deg]27'30'' N, long. 104[deg]42'32'' W; 
to lat. 42[deg]22'30'' N, long. 104[deg]42'32'' W; to lat. 
42[deg]20'00'' N, long. 104[deg]52'32'' W; to the point of beginning.
    Designated Altitudes: 23,501 feet MSL to 30,000 feet MSL.
    Time of Designation: Intermittent, 24 hours in advance by NOTAM.
    Controlling agency: FAA, Denver ARTCC.
    Using agency: Adjutant General, State of Wyoming.

R-7001D Guernsey, WY [New]

    Boundaries: Beginning at lat. 42[deg]27'30'' N, long. 
104[deg]52'32'' W; to lat. 42[deg]27'30'' N, long. 104[deg]42'32'' W; 
to lat. 42[deg]22'30'' N, long. 104[deg]42'32'' W; to lat. 
42[deg]20'00'' N, long. 104[deg]52'32'' W; to the point of beginning.
    Designated Altitudes: 30,001 feet MSL to 45,000 feet MSL.
    Time of Designation: By NOTAM, at least 24 hours in advance.
    Controlling Agency: FAA, Denver ARTCC.
    Using Agency: Adjutant General, State of Wyoming.

R-7002A Guernsey, WY [New]

    Boundaries: Beginning at lat. 42[deg]27'55'' N, long. 
104[deg]52'33'' W; to lat. 42[deg]27'55'' N, long. 104[deg]51'46'' W; 
to lat. 42[deg]28'21'' N, long. 104[deg]51'45'' W; to lat. 
42[deg]28'21'' N, long. 104[deg]48'46'' W; to lat. 42[deg]27'56'' N, 
long. 104[deg]48'46'' W; to lat. 42[deg]27'55'' N, long. 
104[deg]47'28'' W; to lat. 42[deg]27'30'' N, long. 104[deg]46'43'' W; 
to lat. 42[deg]27'30'' N, long. 104[deg]52'32'' W; to the point of 
beginning.
    Designated Altitudes: Surface to 23,500 feet MSL.
    Time of Designation: By NOTAM, at least 24 hours in advance.
    Controlling Agency: FAA, Denver ARTCC.
    Using Agency: Adjutant General, State of Wyoming.

R-7002B Guernsey, WY [New]

    Boundaries: Beginning at lat. 42[deg]22'25'' N, long. 
104[deg]42'54'' W; to lat. 42[deg]21'41'' N, long. 104[deg]42'52'' W; 
to lat. 42[deg]21'11'' N, long. 104[deg]43'17'' W; to lat. 
42[deg]21'12'' N, long. 104[deg]47'16'' W; to lat. 42[deg]21'19'' N, 
long. 104[deg]47'16'' W; to the point of beginning.
    Designated Altitudes: Surface to 23,500 feet MSL.
    Time of Designation: By NOTAM, at least 24 hours in advance.
    Controlling Agency: FAA, Denver ARTCC.
    Using Agency: Adjutant General, State of Wyoming.

R-7002C Guernsey, WY [New]

    Boundaries: Beginning at lat. 42[deg]27'03'' N, long. 
104[deg]53'54'' W; to lat. 42[deg]27'03'' N, long. 104[deg]52'32'' W; 
to lat. 42[deg]20'00'' N, long. 104[deg]52'32'' W; to lat. 
42[deg]20'18'' N, long. 104[deg]51'19'' W; to lat. 42[deg]19'42'' N, 
long. 104[deg]51'17'' W; to lat. 42[deg]19'43'' N, long. 
104[deg]53'03'' W; to lat. 42[deg]20'49'' N, long. 104[deg]54'38'' W; 
to lat. 42[deg]22'43'' N, long. 104[deg]54'38'' W; to lat. 
42[deg]22'48'' N, long. 104[deg]53'22'' W; to lat. 42[deg]23'39'' N, 
long. 104[deg]53'23'' W; to lat. 42[deg]23'40'' N, long. 
104[deg]53'58'' W; to the point of beginning; excluding that airspace 
500 feet AGL and below \1/4\ mile either side of the BNSF railroad.
    Designated Altitudes: Surface to 23,500 feet MSL.
    Time of Designation: By NOTAM, at least 24 hours in advance.
    Controlling Agency: FAA, Denver ARTCC.
    Using Agency: Adjutant General, State of Wyoming.
* * * * *

    Issued in Washington, DC, May 2, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-09692 Filed 5-5-22; 8:45 am]
BILLING CODE 4910-13-P