46898 Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

amends Class E airspace extending 

upward from 700 feet above the surface 

within a 7.1-mile radius (increased from 

a 6.8 mile radius) of Evansville Regional 

Airport, Evansville, IN. The segment 

4.4-miles wide (2.2 miles from each side 

of the 001° bearing from the airport) 

extending from the 6.8-mile radius is 

modified to a 4-mile wide segment 

extending from the 7.1-mile radius of 

the airport to 11.6 miles (increased from 

11.2 miles) north of the airport. 

The 4.4-mile wide segment (2.2 miles 

from each side of the 181° bearing from 

the airport) extending from the 6.8-mile 

radius of the airport to 11.3 miles south 

of the airport is removed. 

The Pocket City VORTAC navigation 

aid segment is amended to within a 7.1- 

mile radius (from a 6.8-mile radius) of 

the airport to the VORTAC. Airspace 

reconfiguration is necessary due to the 

decommissioning of the Evansville NDB 

and cancellation of the NDB 

approaches, and enhances the safety 

and management of the standard 

instrument approach procedures for IFR 

operations at the airport. 

The amendment of Class C airspace at 

Evansville Regional Airport, included in 

this rule in error, is removed and will 

be addressed in a separate rulemaking. 

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, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore: (1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under 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 qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5.a. This airspace action 

is not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

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. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.11B, 

Airspace Designations and Reporting 

Points, dated August 3, 2017, and 

effective September 15, 2017, is 

amended as follows: 

* * * * * 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

AGL IN E5 Evansville, IN [Amended] 

Evansville Regional Airport, IN 

(Lat. 38°02′27′′ N., long. 87°31′43′′ W.) 

Pocket City VORTAC 

(Lat. 37°55′42′′ N., long. 87°45′45′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7.1-mile 

radius of Evansville Regional Airport, and 

within 2 miles each side of the 001° bearing 

from the airport extending from the 7.1-mile 

radius to 11.6 miles north of the airport, and 

within 4 miles each side of the Pocket City 

VORTAC 060° radial extending from the 7.1- 

mile radius to the VORTAC. 

Issued in Fort Worth, Texas, on September 

29, 2017. 

Christopher L. Southerland, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2017–21509 Filed 10–6–17; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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, 


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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 


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46900 Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations 

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-toground, 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°38′33′′ N., long. 

103°35′11′′ W.’’ in the boundaries 

description is deleted and replaced by a 

point identified as ‘‘lat. 37°38′28′′ N., 

long. 103°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 

■ 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. 

§ 73.26 [Amended] 

■ 2. Section 73.26 is amended as 

follows: 

* * * * * 

R–2603 Fort Carson, CO [New] 

Boundaries: Beginning lat. 37°22′30′′ N., 

long. 104°04′47′′ W.; to lat. 37°32′27′′ N., 

long. 104°06′32′′ W.; to lat. 37°32′27′′ N., 

long. 104°02′15′′ W.; to lat. 37°33′21′′ N., 

long. 103°57′55′′ W.; to lat. 37°35′59′′ N., 

long. 103°57′50′′ W.; to lat. 37°35′57′′ N., 

long. 103°54′40′′ W.; to lat. 37°38′10′′ N., 

long. 103°48′47′′ W.; to lat. 37°38′32′′ N., 

long. 103°48′43′′ W.; to lat. 37°38′28′′ N., 

long. 103°42′40′′ W.; to lat. 37°32′46′′ N., 

long. 103°42′46′′ W.; to lat. 37°21′10′′ N., 

long. 103°54′41′′ W.; to lat. 37°21′15′′ N., 

long. 104°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 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 870 

[Docket No. FDA–2017–N–1620] 

Medical Devices; Cardiovascular 

Devices; Classification of the 

Adjunctive Cardiovascular Status 

Indicator; Correction 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final order; correction. 

SUMMARY: The Food and Drug 

Administration (FDA) is correcting a 

final order entitled ‘‘Medical Devices; 

Cardiovascular Devices; Classification of 

the Adjunctive Cardiovascular Status 

Indicator’’ that appeared in the Federal 

Register of July 28, 2017. The final order 

was published with an incorrect 

statement in the preamble about 

whether FDA planned to exempt the 

device from premarket notification 

requirements. This document corrects 

that error. 

DATES: Effective October 10, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Nathalie Yarkony, Center for Devices 

and Radiological Health, Food and Drug 

Administration, 10903 New Hampshire 

Ave., Bldg. 66, Rm. 1254, Silver Spring, 

MD 20993–0002, Nathalie.yarkony@

fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: In the 

Federal Register of July 28, 2017 (82 FR 

35065), FDA published the final order 

‘‘Medical Devices; Cardiovascular 

Devices; Classification of the Adjunctive 

Cardiovascular Status Indicator.’’ The 

final order published with an incorrect 

statement in the preamble about 


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