[Federal Register Volume 83, Number 133 (Wednesday, July 11, 2018)]
[Rules and Regulations]
[Pages 32061-32062]
[FR Doc No: 2018-14783]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

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Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2017-0144; Airspace Docket No. 17-ASW-2]
RIN 2120-AA66

Establishment of Restricted Areas R-5602A and R-5602B; Fort Sill,
OK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes two restricted areas, R-5602A and R-
5602B, over a portion of the Fort Sill, OK, R-5601 restricted area
complex in support of emerging kinetic and directed energy weapons
training requirements for the United States (U.S.) Army Fires Center of
Excellence at Fort Sill. This additional airspace allows for the
segregation of hazardous activities from non-participating air traffic.

DATES: Effective date: 0901 UTC, September 13, 2018.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, 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 would establish the restricted area airspace at Fort
Sill, OK, to enhance aviation safety and accommodate essential U.S.
Army hazardous high trajectory surface-to-surface kinetic weapons
employment and above-the-horizon directed energy laser operations
conducting counter unmanned aircraft systems (UAS) activities.

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA-2017-0144 in the Federal Register (82 FR 30805; July 3, 2017), to
establish two restricted areas overlying a portion of the Fort Sill,
OK, R-5601 restricted area complex, and extending slightly eastward, to
support an emerging high trajectory kinetic and directed energy laser
weapons training mission. Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal. One comment was received.

Discussion of Comment

    While supportive of the overall concept, the commenter suggested
combining the two proposed restricted areas with the R-5601 restricted
areas they overlie into a single restricted area. The commenter felt
this would allow all pilots, participants and non-participants, to
better identify the restricted areas easier. The FAA agrees that having
only one area would make it easier for both participating and non-
participating pilots to identify the restricted area airspace overhead
Fort Sill, OK, on charts; however, that would restrict navigable
airspace from non-participants unnecessarily. It is the FAA's policy to
sub-divide Special Use Airspace areas, when feasible, if activation of
the entire area is not required by the user to prevent unnecessarily
restricting navigable airspace. In this case, subdividing the
restricted area airspace into two subareas as proposed, R-5602A and R-
5602B, is appropriate due to the types of hazardous activities to be
conducted and the airspace requirements for those activities.
    The planned surface-to-air directed energy laser fires will require
both the R-5602A and R-5602B areas to be activated to fully contain
directed energy beams as they transit between 40,000 feet mean sea
level (MSL) and 60,000 feet MSL. The altitudes are defined relative to
MSL to highlight that the proposed areas would be used for other than
aircraft operations. However, the planned surface-to-surface artillery
fires will only require the R-5602A area, which overlies where the
artillery firing points and impact areas are located within the
existing Fort Sill R-5601 restricted area complex, to be activated. The
proposed subdivided configuration allows R-5602B to remain available
for non-participating air traffic access when directed energy laser
activities are not being conducted.
    As noted in the NPRM, restricted areas R-5602A and R-5602B will
enable the U.S. Army to leverage the advanced technology weapons
capabilities for training soldiers in emerging field artillery and air
defense artillery missions.

The Rule

    The FAA is amending 14 CFR part 73 by establishing restricted areas
R-5602A and R-5602B overlying a portion of the R-5601 restricted area
complex located at Fort Sill, OK, and extending approximately 8
nautical miles (NM) east of the restricted area complex. The new
restricted areas support the U.S. Army fielding advanced technology
high trajectory kinetic and directed energy laser weapons and training
for emerging field artillery and air defense artillery missions. The
restricted areas are described below.
    R-5602A is established to contain high trajectory surface-to-
surface kinetic weapons employment using existing firing points and
impact areas, with occasional directed energy laser fires passing
through a portion of R-5602A before entering the R-5602B restricted
area. The lateral boundaries for R-5602A overlie the R-5601A, R-5601B,
and a portion of R-5601F restricted areas, extending upward from 40,000
feet MSL to 60,000 feet MSL. The altitudes are defined relative to MSL
to highlight that the restricted area is to be used for other than
aircraft operations.
    R-5602B is established solely to contain directed energy laser
fires intended to destroy adversary UAS. The target UAS will operate in
the lower R-5601 restricted areas since R-5602B is not approved for
aviation activity. The boundaries for R-5602B extend a shelf of
restricted area airspace approximately 8 NM eastward beyond the R-5601A

and R-5601F eastern boundaries, extending upward from 40,000 feet MSL
to 60,000 feet MSL. Again, the altitudes are defined relative to MSL to
highlight that the restricted area is to be used for other than
aircraft operations.
    The time of designation for R-5602A and R-5602B is ``By NOTAM 0830-
1630, Monday-Friday; other times by NOTAM.'' The expected usage for R-
5602A is approximately 8 hours per day most weekdays, consistent with
in-garrison training requirements. The expected usage for R-5602B is
approximately 25 days per year.
    During times when the restricted areas are not needed by the using
agency, the airspace will be returned to the FAA controlling agency,
Fort Worth Air Route Traffic Control Center (ARTCC), and will be
available for access by other airspace 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 action establishing two restricted
areas, R-5602A and R-5602B, which partially overlay portions of the R-
5601 restricted area complex at Fort Sill, OK, 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 areas is to safely
segregate private and commercial aircraft from above-the-horizon
hazardous laser activities while supporting the U.S. Army emerging high
trajectory kinetic and directed energy laser weapons training mission.
The FAA, after conducting an independent review and evaluation of the
United States Army's April 2018 Final Supplemental Environmental
Assessment for the Permanent Creation and Utilization of Restricted
Areas R-5602A and R-5602B at Fort Sill, Oklahoma, has determined that
the Army's Final Supplemental EA and its supporting documentation
adequately assesses and discloses the environmental impacts of the
proposed action. Based on the evaluation for potential environmental
impact in the above-mentioned Supplemental EA, the FAA, as the
Cooperating Agency, concluded that adoption of the EA for the Permanent
Creation and Utilization of Restricted Area R-5602A/B is authorized in
accordance with 40 CFR 1506.3, Adoption. Accordingly, FAA adopts the
Army's Supplemental EA and is issuing a Finding of No Significant
Impact and Record of Decision (FONSI/ROD) for the project as a
Cooperating Agency. The FONSI/ROD documents the FAA's determination
that the project, as proposed, would not result in significant impacts
to the human environment and that an Environmental Impact Statement
(EIS) is therefore not necessary. A copy of the Supplemental EA and
FONSI/ROD is available upon request by contacting Gregory L. Hines,
Operations Support Group, Central Service Center, Federal Aviation
Administration, 10101 Hillwood Parkway, Fort Worth, Texas 76177,
telephone:<PHONE_NUMBER>.

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.  73.56   [Amended]

0
2. Section 73.56 is amended as follows:

* * * * *

R-5602A Fort Sill, OK [New]

    Boundaries. Beginning at lat. 34[deg]46'45'' N, long.
98[deg]17'01'' W; to lat. 34[deg]38'15'' N, long. 98[deg]17'01'' W;
to lat. 34[deg]38'15'' N, long. 98[deg]37'57'' W; to lat.
34[deg]40'54'' N, long. 98[deg]37'56'' W; to lat. 34[deg]42'07'' N,
long. 98[deg]37'20'' W; to lat. 34[deg]43'21'' N, long.
98[deg]36'02'' W; to lat. 34[deg]43'30'' N, long. 98[deg]35'40'' W;
to lat. 34[deg]45'03'' N, long. 98[deg]29'46'' W; to lat.
34[deg]46'15'' N, long. 98[deg]25'01'' W; to lat. 34[deg]47'00'' N,
long. 98[deg]17'46'' W; to the point of beginning.
    Designated altitudes. 40,000 feet MSL to 60,000 feet MSL.
    Time of designation. By NOTAM 0830-1630, Monday-Friday; other
times by NOTAM.
    Controlling agency. FAA, Fort Worth ARTCC.
    Using agency. U.S. Army, Commanding General, U.S. Army Fires
Center of Excellence (USAFCOE) and Fort Sill, Fort Sill, OK.

R-5602B Fort Sill, OK [New]

    Boundaries. Beginning at lat. 34[deg]49'30'' N, long.
98[deg]08'43'' W; to lat. 34[deg]36'36'' N, long. 98[deg]08'43'' W;
to lat. 34[deg]38'15'' N, long. 98[deg]17'01'' W; to lat.
34[deg]46'06'' N, long. 98[deg]17'01'' W; to the point of beginning.
    Designated altitudes. 40,000 feet MSL to 60,000 feet MSL.
    Time of designation. By NOTAM 0830-1630, Monday-Friday; other
times by NOTAM.
    Controlling agency. FAA, Fort Worth ARTCC.
    Using agency. U.S. Army, Commanding General, U.S. Army Fires
Center of Excellence (USAFCOE) and Fort Sill, Fort Sill, OK.

    Issued in Washington, DC, on July 2, 2018.
Rodger A. Dean Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2018-14783 Filed 7-10-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 186 (Wednesday, September 27, 2023)]
[Notices]
[Pages 66438-66439]
[FR Doc No: 2023-21048]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2853-073]

Montana Department of Natural Resources and Conservation; Notice
of Intent To Prepare an Environmental Assessment

    On June 30, 2022, the Montana Department of Natural Resources and
Conservation (Montana DNRC) filed an application for a new major
license for the 9.66-megawatt Broadwater Hydroelectric Project
(Broadwater Project; FERC No. 2853). The Broadwater Project is located
on the Missouri River near the town of Toston in Broadwater County,
Montana. The project includes Federal lands administered by the Bureau
of Land Management.
    In accordance with the Commission's regulations, on July 7, 2023,
Commission staff issued a notice that the project was ready for
environmental analysis (REA Notice). Based on the information in the
record, including comments filed on the REA Notice, staff does not
anticipate that licensing the project would constitute a major Federal
action significantly affecting the quality of the human environment.
Therefore, staff intends to prepare a draft and final Environmental
Assessment (EA) on the application to relicense the Broadwater Project.
    The EA will be issued and circulated for review by all interested
parties. All comments filed on the EA will be analyzed by staff and
considered in the Commission's final licensing decision.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to

contact OPP at<PHONE_NUMBER> or [email protected].
    The application will be processed according to the following
schedule. Revisions to the schedule may be made as appropriate.

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                 Milestone                           Target date
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Commission issues draft EA................  March 2024.
Comments on draft EA......................  April 2024.
Commission issues final EA................  July 2024.\1\
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\1\ The Council on Environmental Quality's (CEQ) regulations under 40
  CFR 1501.10(b)(1) (2022) require that EAs be completed within 1 year
  of the Federal action agency's decision to prepare an EA. See National
  Environmental Policy Act, 42 U.S.C. 4321 et seq., as amended by
  section 107(g)(1)(B)(iii) of the Fiscal Responsibility Act of 2023,
  Public Law 118-5, 4336a, 137 Stat. 42.

    Any questions regarding this notice may be directed to Ingrid
Brofman at<PHONE_NUMBER>, or [email protected].

    Dated: September 20, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-21048 Filed 9-26-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 141 (Tuesday, July 25, 2017)]
[Notices]
[Pages 34517-34518]
[FR Doc No: 2017-15545]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP17-133-000]

Northwest Pipeline LLC; Notice of Schedule for Environmental
Review of the North Fork Nooksack Line Lowering Project

    On April 6, 2017, Northwest Pipeline LLC (Northwest) filed an
application in Docket No. CP17-133-000 requesting a Certificate of
Public Convenience and Necessity pursuant to section 7(c) of the
Natural Gas Act to construct and operate certain natural gas pipeline
facilities. The proposed project is known as the North Fork Nooksack
Line Lowering Project (Project), and would involve replacing and
lowering approximately 1,700 feet of 30-inch-diameter pipeline in
Whatcom County, Washington.
    On April 20, 2017, the Federal Energy Regulatory Commission
(Commission or FERC) issued its Notice of Application for the Project.
Among other things, that notice alerted agencies issuing federal
authorizations of the requirement to complete all necessary reviews and
to reach a final decision on a request for a federal authorization
within 90 days of the date of issuance of the Commission staff's
Environmental Assessment (EA) for the Project. This instant notice
identifies the FERC staff's planned schedule for the completion of the
EA for the Project.

Schedule for Environmental Review

Issuance of EA--November 13, 2017
90-day Federal Authorization Decision Deadline--February 11, 2018

    If a schedule change becomes necessary, additional notice will be
provided so that the relevant agencies are kept informed of the
Project's progress.

Project Description

    Northwest proposes to remove, replace, and lower about 1,700 feet
of 30-inch-diameter pipeline in the north floodplain of the North Fork
Nooksack River. The project also includes removal of about 1,550 feet
of previously abandoned 26-inch-diameter pipeline that would become
exposed during the replacement of the 30-inch pipeline. The Project is
located in Whatcom County, near Deming, Washington.

Background

    On May 9, 2017, the Commission issued a Notice of Intent to Prepare
an Environmental Assessment for the Proposed North Fork Nooksack Line
Lowering Project and Request for Comments on Environmental Issues
(NOI). The NOI was sent to affected landowners; federal, state, and
local government agencies; elected officials; environmental and public
interest groups; Native American tribes; other interested parties; and
local libraries and newspapers. In response to the NOI, the Commission
received comments from the U.S. Environmental Protection Agency and the
Lummi Indian Business Council. The primary issues raised by the U.S.
Environmental Protection Agency are impacts on water quality during
pipeline construction; impacts on wetlands, floodplains, and riparian
resources; control of invasive and noxious weeds; and impacts on
endangered species. The Lummi Business Council identified that it has
an active interest in the proposed Project and requested additional
time to prepare and submit scoping comments.
    The U.S. Army Corps of Engineers has agreed to participate as a
cooperating agency in the preparation of the EA.

Additional Information

    In order to receive notification of the issuance of the EA and to
keep track of all formal issuances and submittals in specific dockets,
the Commission offers a free service called eSubscription. This can
reduce the amount of time you spend researching proceedings by
automatically providing you with notification of these filings,
document

summaries, and direct links to the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.
    Additional information about the Project is available from the
Commission's Office of External Affairs at (866) 208-FERC or on the
FERC Web site (www.ferc.gov). Using the eLibrary link, select General
Search from the eLibrary menu, enter the selected date range and Docket
Number excluding the last three digits (i.e., CP17-133), and follow the
instructions. For assistance with access to eLibrary, the helpline can
be reached at<PHONE_NUMBER>, TTY<PHONE_NUMBER>, or at
<EMAIL_ADDRESS>The eLibrary link on the FERC Web site also
provides access to the texts of formal documents issued by the
Commission, such as orders, notices, and rule makings.

    Dated: July 19, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-15545 Filed 7-24-17; 8:45 am]
 BILLING CODE 6717-01-P