[Federal Register Volume 86, Number 63 (Monday, April 5, 2021)]
[Proposed Rules]
[Pages 17555-17557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06739]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2021-0074; Airspace Docket No. 20-ANE-5]
RIN 2120-AA66


Proposed Amendment of Restricted Areas R-4102A and R-4102B; Fort 
Devens, MA

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify restricted areas R-4102A and R-
4102B at Fort Devens, MA, by amending the boundaries of the areas to 
align with the boundaries of the Fort Devens installation; and by 
changing the time of designation to reflect actual usage of the 
airspace.

DATES: Comments must be received on or before May 20, 2021.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue SE, 
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001; 
telephone: (202) 366-9826. You must identify FAA Docket No. FAA-2021-
0074, Airspace Docket No. 20-ANE-5, at the beginning of your comments. 
You may also submit comments through the internet at 
www.regulations.gov.
    Comments on environmental and land use aspects should be directed 
to Emily Babbit De Nicasio, Environmental Director DPW USAG Fort 
Devens, 30 Quebec St., Box 10, Devens, MA 01434-4479, telephone: (978) 
796-2096, fax: (978) 796-2557.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, 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 would modify restricted area airspace at Fort Devens, 
MA, to enhance aviation safety and accommodate essential U.S. Army 
hazardous training activities.

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments as they 
may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No. 
FAA-2021-0074; Airspace Docket No. 20-ANE-5) and be submitted in 
triplicate to the Docket Management System (see ADDRESSES section for 
address and phone number). You may also submit comments through the 
internet at https://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments 
on this action must submit with those comments a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to FAA Docket No. FAA-2021-0074; Airspace Docket No. 20-ANE-5.'' The 
postcard will be date/time stamped and returned to the commenter.

[[Page 17556]]

    All communications received on or before the specified closing date 
for comments will be considered before taking action on the proposed 
rule. The proposal contained in this action may be changed in light of 
comments received. All comments submitted will be available for 
examination in the public docket both before and after the closing date 
for comments. A report summarizing each substantive public contact with 
FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the 
internet at https://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any 
comments received and any final disposition in person at the Dockets 
Office (see ADDRESSES section for address and phone number) between 
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal 
holidays. An informal docket may also be examined during normal 
business hours at the office of the Operations Support Group, Eastern 
Service Center, Federal Aviation Administration, Room 210, 1701 
Columbia Ave., College Park, GA 30337.

Background

    Fort Devens was established in 1917 as ``Camp Evans.'' It was 
renamed Fort Devens in 1932. In 1991, the Base Realignment and Closure 
Commission (BRAC) recommended the closure of Fort Devens as an active 
U.S. Army installation and the retention of those areas and facilities 
essential to support the U.S. Army Reserves.\1\ As a result of BRAC's 
recommendation, Fort Devens closed as an active duty U.S. Army 
installation on March 31, 1996, and, the next day, transitioned to a 
U.S. Army Reserve installation. Fort Devens remains an active training 
site for Reserve and National Guard forces.
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    \1\ Defense Base Closure and Realignment Commission: Report to 
the President (1991).
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    Restricted airspace supporting the Fort Devens training areas 
consists of R-4102A and R-4102B. R-4102A extends from the surface to, 
but not including, 2,000 feet MSL. R-4102B overlies R-4102A sharing the 
same lateral boundaries. R-4102B extends from 2,000 feet MSL to 3,995 
feet MSL.
    The current time of designation of the restricted areas is ``0800 
to 2200 Saturday local time; other times by NOTAM issued 24 hours in 
advance''. These times were adequate when Fort Devens became an U.S. 
Army Reserve installation in 1996 because training took place only on 
Saturdays. However, in succeeding years, the amount of training has 
significantly increased due to improved capabilities of the Range 
Complex and Training Areas, and greater demands for training. Today, 
Fort Devens provides training support for all military service 
branches.\2\ Consequently, training is being conducted throughout the 
week rather than only on Saturdays.
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    \2\ Under the shared use concept in FAA Order 7400.2, the FAA 
expects the military to share use of its special use airspace (SUA) 
with other military units to the extent possible to preclude 
creation of additional SUA.
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    An FAA review of Restricted Area Annual Utilization Reports for R-
4102A and R-4102B noted that the restricted areas are being used 
significantly more than the published time of designation. However, the 
existing provision for ``other times by NOTAM issued 24 hours in 
advance'' allows for the additional use. FAA policy in FAA Order 
7400.2, Procedures for Handling Airspace Matters, states that the 
published time of designation should reflect times when use of the 
airspace is normally expected to occur. Modifying the published times 
for R-4102A and R-4102B to reflect current actual usage would provide 
more accurate usage information to the aviation community, reduce the 
reliance on the NOTAM system for announcing routine daily use of the 
airspace, eliminate the administrative workload of issuing daily 
NOTAMs, and help reduce the large volume of daily NOTAMs in the system.
    Additionally, certain portions of restricted areas R-4102A and R-
4102B extend beyond the property boundaries of the Fort Devens 
installation and are not being used for military activities and need to 
be removed from the restricted airspace. A small section along the 
northern edge of the airspace overlies the Souza-Baranowski 
Correctional Center, and is not usable for military training due to the 
proximity of people and facilities on the ground. The northeast section 
of the airspace extends over part of the Oxbow National Wildlife 
Refuge, and is not usable for military training for environmental 
reasons. The southwest section of the airspace, toward the town of 
Lancaster, MA, is not used due to the proximity of residential and 
commercial property.
    Finally, there are three sections of the military training area 
that are contained within the Fort Devens installation property 
boundary, but are not covered by the current restricted airspace. These 
areas are: A small slice along the southeast side of the restricted 
areas; a small section on the northern side; and, a larger area along 
the northwest side of the restricted area. The restricted airspace 
needs to be expanded to contain these sections in order to better 
utilize the Fort Devens installation training area.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 73 to modify the 
time of designation, and the boundaries of restricted areas R-4102A and 
R-4102B at Fort Devens, MA. The current time of designation is ``0800 
to 2200 Saturday local time; other times by NOTAM issued 24 hours in 
advance.'' This designation does not reflect the actual routine daily 
use of the airspace necessary to meet the training requirements at Fort 
Devens. The FAA proposes to amend the time of designation to read: 
``Intermittent, 0730 to 2200 local time, daily; other times by NOTAM 
issued 24 hours in advance.'' This change would provide more accurate 
information to the aviation community about the current routine use of 
the airspace, and it would eliminate the administrative workload of 
issuing daily NOTAMs to activate the restricted areas.
    The FAA also proposes to modify the boundaries of restricted areas 
R-4102A and R-4102B by removing sections of the restricted airspace 
that are not contained within the Fort Devens installation property 
boundaries. Additionally, it proposes to slightly expand the restricted 
areas on the northwest, northeast, and southeast sides to include small 
parts of the training area that are currently located within the Fort 
Deven installation property boundaries, but are not covered by the 
current restricted area boundaries. These proposed boundary changes 
would result in an overall reduction in the size of the restricted 
areas at Fort Devens and would improve the functionality of the 
training area as well as increase safety during training operations.
    During periods when the restricted areas are not needed by the 
using agency, the airspace would be returned to the controlling agency 
(FAA, Boston Approach Control).

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves 
an established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
It,

[[Page 17557]]

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 will only affect air traffic 
procedures and air navigation, it is certified that this proposed rule, 
when promulgated, will not have a significant economic impact on a 
substantial number of small entities under the criteria of the 
Regulatory Flexibility Act.

Environmental Review

    This proposal will be subjected to an environmental analysis in 
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies 
and Procedures,'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 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.  73.41   Massachusetts [Amended]

0
2. Section 73.41 is amended as follows:
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R-4102A Fort Devens, MA [Amended]

    Boundaries. Beginning at lat. 42[deg]31'11'' N, long. 
71[deg]38'29'' W; to lat. 42[deg]30'55'' N, long. 71[deg]37'51'' W; 
to lat. 42[deg]30'12'' N, long. 71[deg]38'05'' W; to lat. 
42[deg]29'38'' N, long. 71[deg]37'41'' W; to lat. 42[deg]28'21'' N, 
long. 71[deg]39'14'' W; to lat. 42[deg]28'11'' N, long. 
71[deg]39'32'' W; to lat. 42[deg]28'11'' N, long. 71[deg]39'38'' W; 
to lat. 42[deg]28'15'' N, long. 71[deg]39'45'' W; to lat. 
42[deg]28'25'' N, long. 71[deg]40'08'' W; to lat. 42[deg]28'54'' N, 
long. 71[deg]41'00'' W; to lat. 42[deg]29'08'' N, long. 
71[deg]41'06'' W; to lat. 42[deg]29'52'' N, long. 71[deg]41'08'' W; 
to lat. 42[deg]30'17'' N, long. 71[deg]41'29'' W; to lat. 
42[deg]30'19'' N, long. 71[deg]41'19'' W; to lat. 42[deg]30'37'' N, 
long. 71[deg]40'30'' W; to lat. 42[deg]30'43'' N, long. 
71[deg]40'17'' W; to lat. 42[deg]30'52'' N, long. 71[deg]40'14'' W; 
to lat. 42[deg]30'54'' N, long. 71[deg]40'10'' W; to lat. 
42[deg]30'53'' N, long. 71[deg]40'02'' W; to lat. 42[deg]30'48'' N, 
long. 71[deg]39'57'' W; to lat. 42[deg]30'47'' N, long. 
71[deg]39'45'' W; to lat. 42[deg]30'55'' N, long. 71[deg]39'31'' W; 
to lat. 42[deg]30'58'' N, long. 71[deg]39'18'' W; to lat. 
42[deg]30'57'' N, long. 71[deg]39'09'' W; to lat. 42[deg]30'52'' N, 
long. 71[deg]38'42'' W; to lat. 42[deg]30'58'' N, long. 
71[deg]38'33'' W; to lat. 42[deg]31'06'' N, long. 71[deg]38'37'' W; 
thence to the point of beginning. Designated altitudes. Surface to, 
but not including, 2,000 feet MSL. Time of designation. 
Intermittent, 0730-2200 local time, daily; other times by NOTAM 
issued 24 hours in advance. Controlling agency. FAA, Boston Approach 
Control. Using agency. Commander, U.S. Army Garrison, Fort Devens, 
MA.

R-4102B Fort Devens, MA [Amended]

    Boundaries. Beginning at lat. 42[deg]31'11'' N, long. 
71[deg]38'29'' W; to lat. 42[deg]30'55'' N, long. 71[deg]37'51'' W; 
to lat. 42[deg]30'12'' N, long. 71[deg]38'05'' W; to lat. 
42[deg]29'38'' N, long. 71[deg]37'41'' W; to lat. 42[deg]28'21'' N, 
long. 71[deg]39'14'' W; to lat. 42[deg]28'11'' N, long. 
71[deg]39'32'' W; to lat. 42[deg]28'11'' N, long. 71[deg]39'38'' W; 
to lat. 42[deg]28'15'' N, long. 71[deg]39'45'' W; to lat. 
42[deg]28'25'' N, long. 71[deg]40'08'' W; to lat. 42[deg]28'54'' N, 
long. 71[deg]41'00'' W; to lat. 42[deg]29'08'' N, long. 
71[deg]41'06'' W; to lat. 42[deg]29'52'' N, long. 71[deg]41'08'' W; 
to lat. 42[deg]30'17'' N, long. 71[deg]41'29'' W; to lat. 
42[deg]30'19'' N, long. 71[deg]41'19'' W; to lat. 42[deg]30'37'' N, 
long. 71[deg]40'30'' W; to lat. 42[deg]30'43'' N, long. 
71[deg]40'17'' W; to lat. 42[deg]30'52'' N, long. 71[deg]40'14'' W; 
to lat. 42[deg]30'54'' N, long. 71[deg]40'10'' W; to lat. 
42[deg]30'53'' N, long. 71[deg]40'02'' W; to lat. 42[deg]30'48'' N, 
long. 71[deg]39'57'' W; to lat. 42[deg]30'47'' N, long. 
71[deg]39'45'' W; to lat. 42[deg]30'55'' N, long. 71[deg]39'31'' W; 
to lat. 42[deg]30'58'' N, long. 71[deg]39'18'' W; to lat. 
42[deg]30'57'' N, long. 71[deg]39'09'' W; to lat. 42[deg]30'52'' N, 
long. 71[deg]38'42'' W; to lat. 42[deg]30'58'' N, long. 
71[deg]38'33'' W; to lat. 42[deg]31'06'' N, long. 71[deg]38'37'' W; 
thence to the point of beginning.
    Designated altitudes. 2,000 feet MSL to 3,995 feet MSL.
    Time of designation. Intermittent, 0730-2200 local time, daily; 
other times by NOTAM issued 24 hours in advance.
    Controlling agency. FAA, Boston Approach Control.
    Using agency. Commander, U.S. Army Garrison, Fort Devens, MA.
* * * * *

    Issued in Washington, DC, on March 29, 2021.
George Gonzalez,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2021-06739 Filed 4-2-21; 8:45 am]
BILLING CODE 4910-13-P


