2022-09921

Document Headings Document headings vary by document type but may contain the following: • the agency or agencies that issued and signed a document • the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to • the agency docket number / agency internal file number • the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Transportation Federal Aviation Administration • 14 CFR Part 73 • [Docket No. FAA-2021-0074; Airspace Docket No. 20-ANE-5] • RIN 2120-AA66 AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: This action modifies restricted areas R-4102A and R-4102B at Fort Devens, MA, by amending the ( printed 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 Commissio…

Fonte: Federal Register (federalregister.gov). Texto original em inglês. Conteúdo sanitizado por segurança.