[Federal Register: February 26, 2004 (Volume 69, Number 38)]
[Proposed Rules]
[Page 8884-8885]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26fe04-29]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA-2003-15976; Airspace Docket No. 03-AWA-5]
RIN 2120-AA66
Proposed Establishment of Prohibited Area P-50; Kings Bay, GA
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This action proposes to establish a prohibited area over the
U.S. Naval Submarine Base, Kings Bay, GA. The proposed prohibited area
would replace a Temporary Flight Restriction (TFR) that is currently in
effect. The new prohibited area would be named P-50, Kings Bay, GA. The
FAA is proposing this action to enhance the security of the Naval
Submarine Base, at Kings Bay, GA.
DATES: Comments must be received on or before April 12, 2004.
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-2003-15976/Airspace Docket No. 03-AWA-5 at the beginning of
your comments. You may also submit comments through the Internet to
http://dms.dot.gov.
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 (FAA Docket No.
FAA-2003-15976 and Airspace Docket No. 03-AWA-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 http://dms.dot.gov.
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 No. FAA-2003-15976/Airspace Docket No. 03-AWA-5.'' The
postcard will be date/time stamped and returned to the commenter. Send
comments on environmental and land use aspects to: Lt. Len Schilling,
Naval Submarine Base, Kings Bay, FEA, Building 2015, 1063 USS Tennessee
Ave, Kings Bay, GA 31547; Telephone: 912-673-2001, ext. 4611.
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 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 NPRM's
An electronic copy of this document may be downloaded through the
Internet at http://dms.dot.gov Recently published rulemaking documents can also be accessed through the FAA's web page at http://www.faa.gov.
or the Federal Register's Web page at http://www.access.gpo.gov/nara.
You may review the public docket containing the proposal; any
comments received; and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. An
informal docket may also be examined during normal business hours at
the office of the Regional Air Traffic Division, Federal Aviation
Administration, 1701 Columbia Avenue, College Park, GA 30337.
Persons interested in being placed on a mailing list for future
NPRM's should call the FAA's Office of Rulemaking, (202) 267-9677, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.
Discussion/Background
On September 11, 2001, the United States (U.S.) suffered
catastrophic terrorist attacks involving four hijacked U.S. commercial
aircraft. In response to these attacks, the FAA took action to
temporarily shut down the National Airspace System, except for certain
military, law enforcement, and emergency aircraft flight operations.
Additionally, to hinder the potential for further airborne attacks and
to specifically respond to security concerns, the FAA issued numerous
TFRs, via the U.S. Notice to Airmen (NOTAM) System, to limit or
prohibit aircraft flight operations in the vicinity of critical
military, government, and national infrastructure locations across the
country. One such location was the U.S. Naval Submarine Base at Kings
Bay, GA. Beginning on September 13, 2001, the FAA issued a series of
TFRs to prohibit aircraft flight operations in the vicinity of the
Kings Bay base. The first NOTAM, 1/9866, prohibited aircraft operations
at and below 10,000 feet above ground level (AGL) within a 10-nautical-
mile (NM) radius of the base. The dimensions of this TFR encompassed
the St. Marys Airport (4J6), St. Marys, GA, resulting in the temporary
closure of the airport.
[[Page 8885]]
NOTAM 1/9866 was replaced on September 14, 2001, by NOTAM 1/9948 that
amended the TFR by reducing the restriction to that airspace at and
below 5,000 feet AGL within a 5-NM radius of the base. On September 17,
2001, NOTAM 1/9948 was replaced by NOTAM 1/0063. NOTAM 1/0063 did not
alter the dimensions of the TFR, but changed the facility in charge
from the Kings Bay Naval Base, to the FAA, Jacksonville Terminal Radar
Approach Control (TRACON). This NOTAM remained in effect until
September 19, 2001, when NOTAM 1/0189 was issued. NOTAM 1/0189 retained
the 5-NM radius, but amended the upper altitude of the TFR from 5,000
feet MSL to 4,999 feet MSL. The 5-NM radius of these latter three TFRs
continued to prevent aircraft operations at the St. Marys Airport. On
December 3, 2001, the FAA issued NOTAM 1/2887 which further amended the
TFR by reducing its dimensions to that airspace within a 2-NM radius of
a point on the base, from the surface up to but not including 3,000
feet MSL. This change removed the St. Marys Airport from the TFR
airspace and enabled aircraft operations to resume at the airport. On
December 1, 2003, the FAA cancelled NOTAM 1/2887 and issued NOTAM 3/
1400 as a replacement. NOTAM 3/1400 was identical to 1/2887 except that
the navigation aid reference was changed from the Craig, FL, VORTAC to
the Brunswick, GA, VORTAC. NOTAM 3/1400 remains in effect as of the
date of this notice.
U.S. Navy Request
Due to the current world situation and continued security concerns
at this facility, the U.S. Navy has requested that the FAA designate a
prohibited area at Kings Bay, GA, to enhance Navy security efforts at
the base. This proposal responds to that request.
Statutory Authority
The FAA Administrator has broad authority to regulate the safe and
efficient use of the navigable airspace (49 U.S.C. 40103(a)). The
Administrator is also authorized to issue air traffic rules and
regulations to govern the flight of aircraft, the navigation,
protection, and identification of aircraft for the protection of
persons and property on the ground, and for the efficient use of the
navigable airspace. Additionally, pursuant to 49 U.S.C. section
40103(b)(3) the Administrator has the authority, in consultation with
the Secretary of Defense, to ``establish security provisions that will
encourage and allow maximum use of the navigable airspace by civil
aircraft consistent with national security.'' Such provisions may
include establishing airspace areas the Administrator decides are
necessary in the interest of national defense; and by regulation or
order, restrict or prohibit flight of civil aircraft that the
Administrator cannot identify, locate and control with available
facilities in those areas.
The Proposal
In response to the U.S. Navy request, the FAA is proposing an
amendment to Title 14 Code of Federal Regulations (14 CFR) part 73
(part 73) to designate a prohibited area over the U.S. Naval Submarine
Base, Kings Bay, GA. The proposed prohibited area, designated P-50,
would consist of that airspace, from the surface to but not including
3,000 feet MSL, within a 2-NM radius of lat.
3048[min]00[sec] N., long.
8131[min]00[sec] W. In accordance with 14 CFR 73.83, no
person may operate an aircraft within a prohibited area unless
authorization has been granted by the using agency. The proposed
prohibited area dimensions are identical to those contained in the TFR
now in effect over the Kings Bay base. If implemented, Prohibited Area
P-50 would replace the TFR at Kings Bay, GA, currently contained in
NOTAM number 3/1400.
Prohibited areas in 14 CFR part 73 are republished in subpart C of
FAA Order 7400.8L, dated September 2, 2003, and effective September 16,
2003. The prohibited area listed in this document would be published
subsequently in the Order.
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.
Therefore this proposed regulation: (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 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
The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1D, Policies and Procedures for Considering
Environmental Impacts. This airspace action is not expected to cause
any potentially significant environmental impacts, and no extraordinary
circumstances exist that warrant preparation on an environmental
assessment.
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:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.
* * * * *
Sec. 73.92 [New]
2. Sec. 73.92 is added as follows:
* * * * *
P-50 Kings Bay, GA [New]
Boundaries: That airspace within a 2-NM radius of lat.
3048[min]00[sec] N., long.
8131[min]00[sec] W.
Designated altitudes: Surface to but not including 3,000 feet MSL.
Time of designation: Continuous.
Using agency: Administrator, FAA, Washington, DC.
* * * * *
Issued in Washington, DC on February 18, 2004.
Reginald C. Matthews,
Manager, Airspace and Rules Division.
[FR Doc. 04-4290 Filed 2-25-04; 8:45 am]
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