[Federal Register Volume 87, Number 89 (Monday, May 9, 2022)]
[Rules and Regulations]
[Pages 27510-27512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09921]


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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


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

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

ACTION: Final rule.

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SUMMARY: This action modifies restricted areas R-4102A and R-4102B at 
Fort Devens, MA, by amending the

[[Page 27511]]

boundaries of the areas to align with the boundaries of the Fort 
Devens' installation property; and by changing the time of designation 
to reflect actual usage of the airspace.

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

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

History

    The FAA published a notice of proposed rulemaking for Docket No. 
FAA-2021-0074 in the Federal Register (86 FR 17555; April 5, 2021), 
proposing to modify restricted areas R-4102A and R-4102B at Fort 
Devens, MA, to update the time of designation and the lateral 
boundaries of the areas. Interested parties were invited to participate 
in this rulemaking effort by submitting written comments on the 
proposal. One comment was received from an individual commenter.

Discussion of Comment

    The commenter expressed concern about FAA's determination of ``no 
significant impact'' with regard to this action. The commenter likened 
it to FAA's decision in the case of Moore Army Airfield in which the 
commenter stated the 60 days comment period was waived. Moreover, the 
commenter stated that the public lacked the benefit of a noise impact 
study. Moore Airfield was closed during the 1990s and is now used for 
auto racing and for state police training. Finally, the commenter 
stated that they ``disagree with lifting the restrictions that are 
currently over Oxbow Wildlife Refuge'' as ``[p]ropeller planes are 
dumping noise and leaded aviation fuel emissions.''
    In this case, the Environmental Assessment (EA) and Finding of No 
Significant Impact (FNSI) were available for review and comment for 30 
days, beginning June 22, 2018, and ending July 23, 2018. Copies of the 
EA and Draft FNSI were made available on the official Fort Devens 
website and printed copies were also made available at four local 
libraries: The Ayer Public Library, the Hazen Memorial Library in 
Shirley, the Harvard Public Library, and the Thayer Memorial Library in 
Lancaster. The Army received responses from the Massachusetts 
Historical Commission and Fitchburg Municipal Airport during the 30-day 
public review period. The Army carefully read and considered all 
comments received. Moreover, the EA's section on Biological Resources 
found that although biological communities are found in the surrounding 
areas, no noise impacts are anticipated on these communities because no 
changes are proposed to the types of aircraft or types and number of 
operations conducted within the airspace.
    With regard to the commenter's final point, the current restricted 
area configuration does infringe on the southernmost part of the 
Refuge. However, this area is not available for use by the military for 
environmental reasons. Therefore, there is no justification for 
retaining restricted airspace over that location. Restricted areas are 
only designated when necessary to contain and segregate activities that 
would pose a hazard to aviation rather than address environmental 
concerns. The Oxbow Refuge is identified on Visual Flight Rules (VFR) 
aeronautical charts for pilot awareness. An advisory note on the chart 
requests that pilots maintain a minimum flight altitude of 2,000 feet 
above the ground if overflying the Refuge and similar sensitive areas.

The Rule

    This action amends 14 CFR part 73 by modifying 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 is amending the time of designation to read: 
``Intermittent, 0730 to 2200 local time, daily; other times by NOTAM 
issued 24 hours in advance.'' This change provides more accurate 
information to the aviation community about the current routine use of 
the airspace, and it eliminates the administrative workload now 
required to issue daily NOTAMs to activate the restricted areas.
    The FAA is also modifying 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, this rule slightly expands the restricted 
areas on the northwest, northeast, and southeast sides to include small 
parts of the training area that are actually located within the Fort 
Devens installation property boundaries, but are outside of the current 
restricted area boundaries. Taken together, these restricted area 
boundary changes result in an overall reduction in the size of the 
restricted areas at Fort Devens. The result is improved 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 will be returned to the controlling agency 
(FAA, Boston Approach Control) for access by other aviation users.

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 airspace action of modifying 
restricted areas R-4102A and R-4102B at Fort Devens, MA, 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,

[[Page 27512]]

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 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. 
Accordingly, the FAA has determined that no extraordinary circumstances 
exist that warrant preparation of an environmental assessment or 
environmental impact study for this rulemaking action. On May 31, 2019, 
in accordance with FAA Order 1050.1F, Environmental Impacts: Policies 
and Procedures, Paragraph 8-2, Adoption of Other Agencies' NEPA 
Documents, the FAA finalized its adoption Environmental Assessment of 
the Army's Establishment of Restricted Area Airspace (R-) 4102A/B at 
U.S. Army Garrison Fort Devens, Final Environmental Assessment of 
Airspace Change Proposal at U.S. Army Garrison Fort Devens, 
Massachusetts. The Army's Final EA analyzed the potential environmental 
impacts of the proposed establishment of additional restricted area 
airspace in support of the Army's training exercises. The additional 
restricted area airspace would lower the risk of encountering non-
participating aircraft during those exercises. No changes to the types 
of aircraft or types and number of operations conducted within the 
airspace were proposed.

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.  73.41  Massachusetts [Amended]

0
2. Section 73.38 is amended as follows:

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, 2000 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. 2000 feet MSL to 3995 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 May 3, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-09921 Filed 5-6-22; 8:45 am]
BILLING CODE 4910-13-P


