[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Rules and Regulations]
[Pages 46898-46900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21794]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2016-8927; Airspace Docket No. 15-ANM-24]


Establishment of Restricted Area R-2603; Fort Carson, CO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes restricted area R-2603 within the 
existing Fort Carson, CO, Pinon Canyon Maneuver Site (PCMS), near 
Trinidad, CO. The U.S. Army requires additional restricted airspace 
because the restricted area ranges at Fort Carson are not large enough 
to meet all training requirements. R-2603 will provide increased 
ground-to-air, air-to-ground, and air-to-air battle space to increase 
training capacity and relieve training congestion at Fort Carson.

DATES: 
    Effective date: 0901 UTC, December 7, 2017.

FOR FURTHER INFORMATION CONTACT: Kenneth Ready, Airspace Policy Group, 
Office of Airspace Services, 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 establishes the restricted area airspace at Fort Carson, CO, to 
accommodate essential Army training requirements and ensure the safety 
of aircraft otherwise permitted to overfly the location established for 
Army training.

History

    The FAA published in the Federal Register a notice of proposed 
rulemaking (NPRM) (81 FR 62847,

[[Page 46899]]

September 13, 2016), Docket No. FAA-2016-8927, to establish restricted 
area R-2603 to support hazardous training activities conducted within 
the Pinon Canyon Maneuver Site (PCMS), a military training site for 
Fort Carson.
    Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the proposal. Two comments 
were received, one from the Aircraft Owners and Pilots Association 
(AOPA) and one supporting the establishment of the airspace to support 
military training.

Discussion of Comments

    In their response to the NPRM, AOPA raised several substantive 
issues. AOPA contended the proposed airspace design would have a 
negative impact on general aviation aircraft highlighting four main 
areas of concern: Impacts to Instrument Flight Rules (IFR) aircraft; 
impacts to Visual Flight Rules (VFR) aircraft; charting the restricted 
area; and times of use. Having considered the issues provided by AOPA, 
the FAA offers the following responses.

Impacts to Instrument Flight Rules (IFR) Aircraft

    AOPA is concerned with two airways (V-81 and V-169) being effected 
by the establishment of R-2603. The two airways are within the 
restricted area boundary from the surface to 10,000 feet MSL. AOPA 
stated general aviation aircraft must routinely operate IFR at lower 
altitudes to stay out of icing and due to performance limitations and 
requiring an aircraft to fly several thousand more feet than is 
currently required, staying above R-2603's ceiling, could impact 
general aviation's ability to transit these airways when the restricted 
area is active. Additionally, AOPA is concerned with feeder route for 
the Perry Stokes Airport (TAD) RNAV (GPS) RWY 21 instrument approach.
    The FAA recognizes the impact to general aviation aircraft and has 
modified the proposal to minimize the impact to allow complete access 
to V-169. Additionally, should aircraft encounter icing conditions that 
would require them to descend to altitudes encompassed by the proposed 
restricted area, Denver ARTCC would coordinate with the Using Agency 
and those altitudes would be released.
    The FAA recognizes the RNAV (GPS) RWY 21 instrument approach into 
TAD airport from BLOOM initial approach fix would be unusable when the 
restricted area is activated. However, RADIO initial approach fix is 
unencumbered by the restricted area less than 10 NMs away. An aircraft 
can initiate the approach from this fix or be vectored to intercept the 
radial inbound from RADIO with minimal impact to general aviation 
aircraft.

Impacts to Visual Flight Rules (VFR) Aircraft

    AOPA stated pilots flying under VFR routinely follow prominent 
railroads and highways to get to their destination. US Route 350 and a 
parallel railroad proceed from TAD to La Junta Municipal Airport (LHX). 
Following this route would keep a pilot clear of the restricted area; 
however, the western boundary point is uncomfortably close for many 
pilots to utilize this route without proceeding unnecessarily north of 
the road and tracks.
    The FAA has determined that only the most northwest point of the 
proposed restricted area is close to US Route 350. The closest point 
for this momentary instance is .12 NM from US 350 and .20 NM from the 
railroad tracks. VFR aircraft flying over either of these reference 
points would be clear of the proposed restricted area's closest point. 
Beyond this point, the distance from the proposed restricted area 
increases rapidly in both directions. Aircraft utilizing these ground 
reference points would have a clear boundary identifying they are clear 
of the restricted area. As long as the aircraft remain over the highway 
or train tracks, the restricted airspace will not be violated.

Charting of the Restricted Area

    AOPA requested the activation of the new restricted area should 
occur concurrently or after the charting of the airspace on the Denver 
and Wichita Sectional Charts. Additionally, the FAA should make the 
effective date of restricted area airspace coincide with the sectional 
chart cycle so that pilots have the latest information and a graphical 
depiction of the change. Lastly, the instrument approach procedures to 
airports in proximity to R-2603 should be updated to graphically depict 
the new restricted area to increase situational awareness for 
instrument pilots. Similar to the Pinon Canyon Military Operations Area 
(MOA) being charted on the procedures into LHX, the restricted area and 
MOA should be added to TAD's approach and departure procedures.
    The FAA concurs with AOPA and will make the new restricted area 
effective in accordance with guidance to chart on a 56-day cycle, which 
is December 7, 2017. However, the FAA has mandated to the proponent 
that it will not be utilized until the Wichita and Denver VFR 
sectionals are updated January 4, 2018. Lastly, the FAA will ensure the 
approach and departure procedures are updated.

Times of Use

    AOPA stated, as part of the Colorado Airspace Initiative, the Pinon 
Canyon MOA (within which R-2306 will be located) had its boundaries 
modified in December 1999. The airspace circular for the modification 
(Air Traffic Division Letter to Airmen No. 98-03; Study No. 98-ANM-001-
NR) stated the MOA ``would not be scheduled for use between 10:00 p.m. 
and 7:00 a.m. local.'' The Final Environmental Impact Statement (FEIS) 
states Pinon Canyon MOA's utilization is ``low'' and that in 2012 had 
only eight days of activation. AOPA is concerned the proponent's 
intention may be to activate the existing MOA whenever the restricted 
area is in use. This issue is not addressed in the FEIS or in the NPRM. 
The NPRM for the restricted area states, ``the area would be required 
to support approximately five training cycles per year with the longest 
duration of each cycle being approximately four to five weeks,'' AOPA 
believes the previous statements made in the Letter to Airmen to limit 
utilization of the MOA may not be honored. AOPA commented that the 
proponent should continue the overnight embargo on the MOA's 
utilization and should only activate the MOA when it is explicitly 
needed to support operations. According to the comment, activating the 
MOA continuously for five weeks would not be responsible management of 
the airspace and would have a considerable impact on civil aviation in 
the area.
    The FAA has changed the times of use of Pinon Canyon MOA to 
``Intermittent by NOTAM 0700 to 2200, daily.'' This change ensures the 
December 1999 amendment is followed as stated in the circular. 
Additionally, the restricted area time of designation has been amended 
to ``By NOTAM 24 Hours in Advance.''

Differences From the NPRM

    Subsequent to publication of the NPRM, it was requested by the FAA 
charting team to change the order of the lat./long. coordinates to a 
clockwise direction vice a counter clockwise direction for ease of 
charting. Additionally, in response to a comment from AOPA, the FAA 
identified a geographic lat./long. coordinate which was relocated to 
ensure ample separation from airway V-169. The following restricted 
area update is incorporated in this action.
    The geographic lat./long. coordinates are reversed for a clockwise 
listing of lat./long. coordinates. Additionally, the

[[Page 46900]]

geographic lat./long. coordinate for the point located in the northeast 
corner of R-2603 has been relocated, so as to not impact use of the 
airway.

The Rule

    The FAA is amending Title 14 Code of Federal Regulations (14 CFR) 
part 73 to establish a new restricted area R-2603 at the Pinon Canyon 
Maneuver Site, near Trinidad, CO. The FAA is also incorporating the 
restricted area updates noted in the Differences from the NPRM section. 
The FAA is taking this action to ensure realistic Army training which 
provides increased ground-to-air, air-to-ground, and air-to-air battle 
space to increase training capacity and relieve training congestion at 
Fort Carson. The changes from what was proposed in the NPRM are as 
follows:
    R-2603: The geographic coordinate proposed as ``lat. 37[deg]38'33'' 
N., long. 103[deg]35'11'' W.'' in the boundaries description is deleted 
and replaced by a point identified as ``lat. 37[deg]38'28'' N., long. 
103[deg]42'40'' W.'' The legal description of R-2603 was changed from a 
counter clockwise direction to a clockwise direction.

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 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 action of establishing restricted 
area R-2603 within the existing Fort Carson, CO, Pinon Canyon Maneuver 
Site (PCMS), near Trinidad, CO, qualifies for FAA adoption in 
accordance with FAA Order 1050.1F, paragraphs 8-2 and 9-2, Adoption of 
Other Agencies' National Environmental Policy Act Documents, and 
Written Re-evaluations, and 7400.2L, paragraph 32-2-3. The purpose of 
creating and utilizing the Restricted Area (RA) is to allow for 
increased ground-to-air, air-to-ground, and air-to-air battle space to 
increase training capacity and relieve training congestion at Fort 
Carson. The FAA, after conducting an independent review and evaluation 
of the United States Army's Final Environmental Impact Statement of the 
Pinon Canyon Maneuver Site Training and Operations (EIS) and Record of 
Decision (ROD) for Restricted Area R-2603 at Fort Carson, CO, has 
determined that the Army's EIS and its supporting documentation 
adequately assesses and discloses the environmental impacts of the 
Proposed Action including evaluation of the establishment of airspace 
for restricted airspace area R-2603. In March 2013, the Army 
Environmental Command and Fort Carson released the EIS regarding the 
Pinon Canyon Maneuver Site (PCMS) Training and Operations located in 
Colorado. On May 1, 2015, the Army issued their ROD. The Army prepared 
its EIS and ROD in compliance with NEPA and Army-specific environmental 
regulations (32 CFR part 651).
    Based on the evaluation for potential environmental impact in the 
Army's EIS, the FAA, as the Cooperating Agency for the Army's proposed 
action, concluded that adoption of the Army's EIS evaluating the 
proposed establishment of R-2603 is authorized in accordance with 40 
CFR 1506.3, Adoption. Accordingly, FAA adopts the Army's EIS and takes 
full responsibility for the scope and content that address the FAA's 
airspace establishment action.

List 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.  73.26  [Amended]

0
2. Section 73.26 is amended as follows:
* * * * *

R-2603 Fort Carson, CO [New]

    Boundaries: Beginning lat. 37[deg]22'30'' N., long. 
104[deg]04'47'' W.; to lat. 37[deg]32'27'' N., long. 104[deg]06'32'' 
W.; to lat. 37[deg]32'27'' N., long. 104[deg]02'15'' W.; to lat. 
37[deg]33'21'' N., long. 103[deg]57'55'' W.; to lat. 37[deg]35'59'' 
N., long. 103[deg]57'50'' W.; to lat. 37[deg]35'57'' N., long. 
103[deg]54'40'' W.; to lat. 37[deg]38'10'' N., long. 103[deg]48'47'' 
W.; to lat. 37[deg]38'32'' N., long. 103[deg]48'43'' W.; to lat. 
37[deg]38'28'' N., long. 103[deg]42'40'' W.; to lat. 37[deg]32'46'' 
N., long. 103[deg]42'46'' W.; to lat. 37[deg]21'10'' N., long. 
103[deg]54'41'' W.; to lat. 37[deg]21'15'' N., long. 104[deg]02'35'' 
W.; thence to the point of beginning.
    Designated altitudes: Surface to but not including 10,000 feet 
Mean Sea Level (MSL).
    Time of designation: By NOTAM 24 hours in advance.
    Controlling agency: FAA, Denver ARTCC.
    Using agency: Commander, U.S. Army, Fort Carson, CO.

    Issued in Washington, DC, on October 3, 2017.
Scott M. Rosenbloom,
Acting Manager, Airspace Policy Group.
[FR Doc. 2017-21794 Filed 10-6-17; 8:45 am]
BILLING CODE 4910-13-P