[Federal Register: August 14, 2003 (Volume 68, Number 157)]
[Proposed Rules]
[Page 48579-48581]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14au03-21]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA-2003-13850; Airspace Docket No. 02-AEA-19]
RIN 2120-AA66
Proposed Amendment of Restricted Areas R-5802A and B; and
Establishment of Restricted Areas R-5802C, D, and E, Fort Indiantown
Gap, PA
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This action proposes to expand the dimensions, and increase
the time of designation, of the restricted airspace at the Fort
Indiantown Gap Military Reservation, PA. This proposed action would
convert the existing Kiowa Military Operations Area (MOA) to restricted
airspace and would establish three new restricted areas: R-5802C, D,
and E. This action would raise the ceiling of restricted airspace at
Fort Indiantown Gap from the current 13,000 feet above mean sea level
(MSL) to Flight Level 250 (FL 250). In addition, this action would
change the name of the using agency for the restricted areas. The
current restricted airspace at Fort Indiantown Gap is too small to
allow aircrew training in weapons delivery tactics that are used in a
high anti-aircraft threat environment. The expanded restricted airspace
is needed to conduct realistic aircrew training and to maintain the
level of proficiency in modern tactics that is required for combat
readiness.
DATES: Comments must be received on or before September 29, 2003.
ADDRESSES: Send comments on this proposal to the Docket Management
System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh
Street, SW., Washington, DC 20590-0001. You must identify both docket
numbers, FAA-2003-13850/Airspace Docket No. 02-AEA-19 at the beginning
of your comments.
You may also submit comments through the Internet to http://dms.dot.gov.
You may review the public docket containing the proposal,
any comments received, and any final disposition in person in the
Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The Dockets Office (telephone 1-800-647-5527) is on
the plaza level of the NASSIF Building at the Department of
Transportation at the above address.
An informal docket may also be examined during normal business
hours at the office of the Regional Air Traffic Division, Federal
Aviation Administration, 1 Aviation Plaza, Jamaica, NY 11434.
FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace and Rules
Division, ATA-400, Office of Air Traffic Airspace Management, Federal
Aviation Administration, 800 Independence Avenue, SW., Washington, DC
20591; telephone: (202) 267-8783.
SUPPLEMENTARY INFORMATION:
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 and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket Nos. FAA-2003-13850/
Airspace Docket No. 02-AEA-19.'' The postcard will be date/time stamped
and returned to the commenter. Send comments on
[[Page 48580]]
environmental and land use aspects to: National Guard Bureau, NGB/CEVP,
1411 Jefferson Davis Highway, Arlington, VA 22202-3231. 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 notice may be changed in light of
comments received. All comments submitted will be available for
examination in the Rules 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 NPRM's
An electronic copy of this document may be downloaded from the FAA
regulations section of the Fedworld electronic bulletin board service
(telephone: 703-321-3339) or the Federal Register's electronic bulletin
board service (telephone: 202-512-1661) using a modem and suitable
communications software.
Internet users may reach the FAA's web page at http://www.faa.gov
or the Federal Register's web page at http://www.access.gpo.gov/nara
for access to recently published rulemaking documents.
Any person may also obtain a copy of this NPRM by submitting a
request to the FAA, Office of Air Traffic Airspace Management, ATA-400,
800 Independence Avenue, SW., Washington, DC 20591, or by calling (202)
267-8783. Communications must identify both docket numbers of this
NPRM. Persons interested in being placed on a mailing list for future
NPRM's should call the FAA, Office of Rulemaking, (202) 267-9677, to
request a copy of Advisory Circular No. 11-2A, which describes the
application procedure.
Background
The airspace at the Fort Indiantown Gap Military Reservation
currently consists of two small restricted areas and one MOA. A MOA is
a type of nonregulatory special use airspace designated by the FAA to
contain certain nonhazardous military flying activities, such as air
combat maneuvers, low altitude tactics, etc.
The existing restricted areas at Fort Indiantown Gap are: R-5802A,
extending from 200 feet above ground level (AGL) to 5,000 feet MSL; and
R-5802B, extending from the surface up to 13,000 feet MSL. The Kiowa
MOA lies adjacent to the restricted areas and extends from 500 feet AGL
up to 13,000 feet MSL. These airspace areas are also referred to as the
Bollen Range.
Due to its small lateral and vertical dimensions, the Bollen Range
cannot be used for High Altitude Dive Bomb training and other training
events such as lights-out tactics and use of targeting laser systems.
The Proposal
The FAA is considering an amendment to 14 CFR part 73 to expand the
size, and increase the time of designation, of the restricted airspace
at the Bollen Range, Fort Indiantown Gap, PA. With this amendment, the
existing lateral and vertical limits of Restricted Areas R-5802A and R-
5802B would remain unchanged, but the time of designation for the two
areas would be changed to read ``Daily, sunrise to 2200.''
A new restricted area, R-5802C, would be established consisting
primarily of that airspace currently designated as the Kiowa MOA. The
Kiowa MOA designation would be revoked. Restricted Area R-5802C would
extend from 500 feet AGL up to 17,000 feet MSL.
Another new restricted area, R-5802D, would be designated from
17,000 feet MSL to but not including FL 220. Restricted Area R-5802D
would overlie Restricted Areas R-5802A, B, and C.
Additionally, a new restricted area, R-5802E, would be designated
extending from FL 220 to FL 250. Restricted Area R-5802E would be
defined using the same northern and eastern boundaries as Restricted
Area R-5802D, but the south and west boundaries of Restricted Area R-
5802E would extend an additional 4 nautical miles beyond the
corresponding boundaries of Restricted Area R-5802D.
This proposal would change the time of designation for all Bollen
Range airspace from the current ``February 15 through May 10 and
September 1 through December 15, 0800-2300 local time on Saturdays and
0800-1200 local time on Sundays; May 11 through August 31, 0800-2400
local time on Saturdays and 0800-2000 local time on all other days;
other times by NOTAM issued at least 48 hours in advance,'' to ``Daily,
sunrise to 2200.'' This change would increase the available hours that
the Range could be scheduled for use. The restricted areas would be
available for joint-use. This means that the restricted areas would be
scheduled only when needed for training, and would be available for
transit by non-participating aircraft when not in use.
This action also proposes to change the name of the using agency of
the Bollen Range airspace from ``Commander, Fort Indiantown Gap,
Annville, PA,'' to ``ANG, 193rd SOW, Det 1, Fort Indiantown Gap
Military Reservation, PA.''
The Air National Guard has proposed these changes because the
restricted airspace existing at Bollen Range is too small to permit
essential aircrew training in the tactics used in recent real-world
engagements. The current 13,000-foot MSL upper limit of the Range is
not sufficient to satisfy high altitude weapons release training
requirements. Also, the current lateral dimensions do not provide
sufficient restricted airspace to contain required maneuvering, lights-
out training, or the use of targeting laser systems.
Section 73.58 of 14 CFR part 73 was republished in FAA Order
7400.8K, dated September 26, 2002. The coordinates for this airspace
action are based on North American Datum of 1983.
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.
Therefore, this proposed regulation: (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 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 the appropriate environmental
analysis in accordance with FAA Order 1050.1D, Policies and Procedures
for Considering Environmental Impacts, prior to any FAA final
regulatory action.
List of Subjects in 14 CFR Part 73
Airspace, Navigation (air).
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
1. The authority citation for part 73 continues to read as follows:
[[Page 48581]]
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.
Sec. 73.58 [Amended]
2. Sec. 73.58 is amended as follows:
* * * * *
R-5802A Fort Indiantown Gap, PA [Amended]
By removing the current ``Time of Designation'' and ``Using
agency'' and substituting ``Time of Designation. Daily, sunrise to
2200'' and ``Using agency. ANG, 193rd SOW, Det 1, Fort Indiantown
Gap Military Reservation, PA.''
R-5802B Fort Indiantown Gap, PA [Amended]
By removing the current ``Time of Designation'' and ``Using
agency'' and substituting ``Time of Designation. Daily, sunrise to
2200.'' and ``Using agency. ANG, 193rd SOW, Det 1, Fort Indiantown
Gap Military Reservation, PA.''
R-5802C Fort Indiantown Gap, PA [New]
Boundaries. Beginning at lat. 40[deg]23'24'' N., long.
76[deg]43'34'' W.; to lat. 40[deg]25'06'' N., long. 76[deg]44'47''
W.; to lat. 40[deg]28'00'' N., long. 76[deg]46'59'' W.; to lat.
40[deg]29'42'' N., long. 76[deg]42'59'' W.; to lat. 40[deg]29'31''
N., long. 76[deg]39'07'' W.; to lat. 40[deg]28'31'' N., long.
76[deg]36'21'' W.; to lat. 40[deg]27'13'' N., long. 76[deg]35'13''
W.; to lat. 40[deg]26'18'' N., long. 76[deg]36'40'' W.; thence to
point of beginning.
Designated altitudes. 500 feet AGL to but not including 17,000
feet MSL.
Time of designation. Daily, sunrise to 2200.
Controlling agency. FAA, New York ARTCC.
Using agency. ANG, 193rd SOW, Det 1, Fort Indiantown Gap
Military Reservation, PA.
R-5802D Fort Indiantown Gap, PA [New]
Boundaries. Beginning at lat. 40[deg]23'24'' N., long.
76[deg]43'34'' W.; to lat. 40[deg]25'06'' N., long. 76[deg]44'47''
W.; to lat. 40[deg]28'00'' N., long. 76[deg]46'59'' W.; to lat.
40[deg]29'42'' N., long. 76[deg]42'59'' W.; to lat. 40[deg]29'31''
N., long. 76[deg]39'07'' W.; to lat. 40[deg]28'31'' N., long.
76[deg]36'21'' W.; to lat. 40[deg]27'13'' N., long. 76[deg]35'13''
W.; to lat. 40[deg]26'18'' N., long. 76[deg]36'40'' W.; thence to
point of beginning.
Designated altitudes. 17,000 feet MSL to but not including FL
220.
Time of designation. Daily, sunrise to 2200.
Controlling agency. FAA, New York ARTCC.
Using agency. ANG, 193rd SOW, Det 1, Fort Indiantown Gap
Military Reservation, PA.
R-5802E Fort Indiantown Gap, PA [New]
Boundaries. Beginning at lat. 40[deg]29'42'' N., long.
74[deg]42'59'' W.; to lat. 40[deg]29'31'' N., long. 76[deg]39'07''
W.; to lat. 40[deg]28'31'' N., long. 76[deg]36'21'' W.; to lat.
40[deg]27'13'' N., long. 76[deg]35'13'' W.; to lat. 40[deg]23'45''
N., long. 76[deg]32'36'' W.; to lat. 40[deg]22'50'' N., long.
76[deg]34'03'' W.; to lat. 40[deg]19'55'' N., long. 76[deg]40'59''
W.; thence clockwise along the arc of a 4-nautical-mile radius
circle centered at lat. 40[deg]23'24'' N., long. 76[deg]43'34'' W.;
to lat. 40[deg]21'48'' N., long. 76[deg]48'18'' W.; to lat.
40[deg]26'04'' N., long. 76[deg]51'34'' W.; to lat. 40[deg]28'00''
N., long. 76[deg]46'59'' W.; thence to point of beginning.
Designated altitudes. FL 220 to FL 250.
Time of designation. Daily, sunrise to 2200.
Controlling agency. FAA, New York ARTCC.
Using agency. ANG, 193rd SOW, Det 1, Fort Indiantown Gap
Military Reservation, PA.
Issued in Washington, DC, on August 8, 2003.
Reginald C. Matthews,
Manager, Airspace and Rules Division.
[FR Doc. 03-20772 Filed 8-13-03; 8:45 am]
BILLING CODE 4910-13-P