[Federal Register: May 25, 2005 (Volume 70, Number 100)]
[Rules and Regulations]
[Page 29946-29949]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25my05-15]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA-2004-17178; Airspace Docket No. 03-AWA-7]
RIN 2120-AA66
Establishment of Prohibited Area 51; Bangor, WA
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action establishes a prohibited area (P-51) over the U.S.
Naval Submarine Base, at Bangor, WA. The prohibited area replaces a
Temporary Flight Restriction (TFR) that is currently in effect. The FAA
is taking this action in response to a request from the U.S. Navy as
part of its efforts to enhance the security of the Naval Submarine
Base, Bangor, WA.
EFFECTIVE DATE: 0901 UTC, December 22, 2005.
FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules,
Office of System Operations and Safety, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone: (202) 267-8783.
SUPPLEMENTARY INFORMATION:
History
On June 28, 2004, the FAA published a notice in the Federal
Register, proposing to establish a prohibited area over the U.S. Naval
Submarine Base, Bangor, WA (69 FR 36031). The FAA proposed this action,
at the request of the U.S. Navy, to enhance the security of the Bangor
facility. Interested parties were invited to participate in this
rulemaking effort by submitting written comments on the proposal. The
FAA received 576 comments in response to this notice. All comments,
including those addressed to Members of Congress, were considered.
Although the official comment period ended August 12, 2004, comments
were received through September, 2004, and were considered in this
rulemaking action. The FAA believed due to the intense public interest
and the comments on file, that extending the official deadline would
not have resulted in any additional information that would have
contributed to our decision making process.
Analysis of Comments
The vast majority of these comments expressed general opposition to
the proposal. The following is a discussion of the substantive comments
received.
A number of comments suggested that other large military facilities
in California and Virginia do not have Temporary Flight Restrictions
(TFR's) and that the restrictions were established in an inconsistent
manner. They also pointed out that there is no credible terrorism
threat here in the United States that would warrant such restrictions.
Other large naval facilities, such as those in California and
Virginia, do not have the same operational requirements or mission as
that at U.S Naval Submarine Base, Bangor, WA. The attacks of September
11, 2001, exposed weaknesses in the defense of U.S. assets. Today, some
critics still claim the necessary steps to prevent terrorist attacks
have not been taken. P-51 will allow the Navy to protect vital U.S.
assets (TRIDENT submarines) by preventing aircraft over flights at low
altitude.
A few commenters stated there is not enough time to scramble
aircraft to intercept hostile aircraft.
The FAA does not agree. Establishing a prohibited area will give
the government the time to react if an aircraft enters the area. The
government's intention would be for taking defensive measures on the
surface to preparing to use lethal force from air or ground naval
assets.
Some commenters stated that if a terrorist wants to fly an aircraft
into a submarine, P-51 will not prevent them from doing so. Terrorists
don't follow the rules.
The FAA agrees. However, the Navy aggressively pursues a multitude
of defense measures to deter an airborne attack. Each of these measures
includes identification of potential hostile aircraft. The only
feasible way for early identification is to prevent low altitude flight
over the facilities. Aircraft violating P-51 will draw the attention of
security forces and may provide the time needed to take the actions
necessary to protect the people, submarines, and buildings on the
ground.
Numerous comments were received stating that general aviation
aircraft (GA) are not viable threats. (The commenters cited the
suicidal pilot in a small aircraft that crashed his plane into an
office building, in Florida causing very little damage.) They stated
that a small aircraft fully loaded with explosives would not damage a
submarine.
The FAA does not agree. The characteristics and design of TRIDENT
submarines are classified and, therefore, we are unable to discuss them
in specifics. However, the FAA does believe the potential for serious
damage to the submarine does exists, whether it is from a direct impact
or from collateral damage (fire, flood, etc.) around or near the
submarine.
Some commenters pointed out that P-51 will only serve to advertise
U.S. Naval Submarine Base Bangor as a target for terrorist.
The FAA does not agree. There has never been any secrecy to the
existence or the location of U.S. Naval Submarine Base, Bangor, in
Washington state; which can be sourced and confirmed on the Internet.
The important issue is that we protect our national assets instead of
hoping terrorists are not aware of the locations.
Several commenters including the Aircraft Owners and Pilots
Association (AOPA) stated that P-51 conflicts with V-165/V-287 because
the width of these airways is 4NM each side of the centerline.
[[Page 29947]]
The FAA does not agree. The minimum enroute altitude for the
segment of V-165/V-287 that runs directly west of P-51 is above the
altitude of P-51. Hence, there is no conflict between P-51 and V-165/V-
287.
Some commenters stated that P-51 will interfere with the Bremerton
ILS RWY 19 instrument approach.
The FAA agrees. The southern boundary of P-51 is 7.5 miles north of
the Bremerton ILS RWY 19 Outer Marker Compass Locator (LOM). Aircraft
conducting the full ILS approach are required to remain within 10 miles
of the LOM when executing a procedure turn. Bremerton ILS RWY 19
approach will have to be modified by either adding a restriction to
remain at/above 3,000 feet until southbound on the procedure turn or
eliminate the procedure turn segment of the route altogether. The
Bremerton ILS approach, as it is charted today, will be impacted; but
it can be modified to remain clear of P-51 to eliminate any conflict
between the approach and P-51.
A number of commenters stated that P-51 poses a hazard to GA
aircraft because at times of lower cloud layers, they cannot climb
above P-51.
The FAA does not agree. When the Bangor TFR was first implemented
in 2001, it was inconvenient for aircraft to circumnavigate during
periods of inclement weather. The Navy and the FAA, in response to the
public, significantly reduced the size of area by modifying the TFR to
accommodate the desires of the general aviation community and minimized
the distance required to circumnavigate the flight restriction. With
the designation of P-51, the altitude of the existing area is reduced
from 4,900 feet to 2,500 feet Mean Sea Level (MSL) further reducing the
burden on general aviation.
Some commenters stated that P-51 will cost the GA pilot more money
for extra fuel and engine time while circumnavigating the area.
The FAA agrees. However, if an aircraft were transiting south to
north along the Hood Canal and began to circumnavigate just south of P-
51, the aircraft would fly approximately an additional two (2) nautical
miles to avoid P-51 and continue on course. The additional distance
required to circumnavigate P-51 is considered minimal when compared to
the national security benefit associated with establishing P-51.
Moreover, instead of circumnavigating P-51, the aircraft operator can
transit the area above 2,500 feet MSL.
A lot of comments were received stating that P-51 will only add
congestion for VFR aircraft transiting west of Seattle Class B airspace
because a natural corridor lies between the mountainous terrain and P-
51.
The public commenters are correct. However, the combination of
National Security Areas (NSA) is the real complicating factor, not
Bangor itself. The three existing NSAs (Bremerton, Everett, and Port
Townsend) were established on December 23, 2004. The presence of the
NSAs significantly increase the complexity of this area. However, while
the NSAs do add to the complexity of flying between the Class B and the
mountainous terrain, it is important to note that staying clear of the
NSA is voluntary and those areas are still available for transit.
Several commenters suggested reducing the altitude to 1,000 feet
MSL because the area would be more manageable for GA.
The FAA does not agree. A prohibited area from the surface to 1,000
feet MSL would make it virtually impossible to differentiate between a
threat and a non-threat aircraft. P-51, as detailed in the NPRM,
significantly reduces the altitudes of the existing Bangor TFR, FDC
Notice 4/2125, which pilots have endured for 3 years now. The proposed
P-51 reduces the altitude to below 2,500 feet MSL (i.e. surface up to
but not including 2,500') from its current 4,900 feet altitude as a
TFR. The FAA reduced the altitude of the original U.S. Navy request
from 4,900 feet MSL in order to lessen the impact on GA operations.
Also, this lowered altitude allows air traffic control to provide
standard instrument flight rule (IFR) services in the area, with
minimal adverse impact from the presence of the proposed P-51.
Several commenters, including AOPA, stated that P-51 will affect
flight operations at both Apex airport and Poulsbo seaplane base.
The FAA does not agree. The dimensions of P-51 do not affect flight
into those airports. It was brought up as a concern prior to the latest
modification of the previous TFR. Poulsbo seaplane base is located over
1.5 nautical miles from the outer boundary of P-51. Apex airport is
located 1.75 nautical miles from the outer boundary of P-51.
Additionally, the southwest corner of P-51 was specifically modified so
that aircraft could depart to the north or arrive from the south
without excessive maneuvering.
A number of commentors expressed concern that the area is not well
defined and difficult to avoid prompting some aviators to avoid flying
in the area.
The FAA disagrees. P-51, is defined by five longitude latitude
points making it relatively easy to avoid for GPS equipped aircraft,
Non-GPS equipped aircraft can use Dabob Bay to the West, Highway 3 to
the East and South, and Highway 104 to the North as visual references
to avoid P-51.
Comments were received suggesting the FAA should lower Seattle's
Class B airspace to include the U.S. Naval Submarine Base, Bangor, and
let the FAA maintain control of all aircraft in the area.
The FAA does not agree. Class B airspace is clearly defined as
controlled airspace surrounding a major airport protecting the arrival/
departure routes for that airport's turbojet aircraft. Under existing
regulations, Class B airspace is not designed to provide restricted
access for security reasons. These comments are, therefore, beyond the
scope of this rule.
Many comments suggested the new regulation will only end up in the
issuance of flight violations for law-abiding aviators who become lost
or disoriented.
The FAA does not agree. P-51 will be published on the Seattle
sectional and VFR Terminal Area navigational charts which will provide
the GA pilot visual references of the location.
Several commentors expressed concern that P-51 will be a hazard to
GA and the surrounding area if air defense measures are implemented
against an aircraft. A pilot could be unnecessarily shot down because
they were lost.
The FAA does not agree. Safety of general aviation and the general
public is of the utmost importance and one reason P-51 is being
considered. Since a prohibited area is published on navigational charts
and identifies the area to avoid, incursion into P-51 will not
automatically equate to lethal force, but will draw the attention of
the defense force. What P-51 will do, is make it easier to identify
aircraft that do pose a threat because low altitude over flights will
not be the norm.
A number of comments, including AOPA, the Experimental Aircraft
Association (EAA), Washington Seaplane Pilots Association, Washington
Air Search and Rescue, and the Canadian Owners and Pilots Association,
recommended establishing a NSA instead of a Prohibited Area.
The FAA does not agree. NSAs are voluntary in nature and do not
prohibit aircraft over flight. An NSA would allow the opportunity for
low-flying aircraft to routinely transit the airspace over, U.S. Navy
Submarine Base, Bangor, making identification of aircraft extremely
difficult and increasing the potential for an accident to occur. The
[[Page 29948]]
submarine berthing at U.S. Naval Submarine Base, Bangor, is a vital
national asset and has been determined to be in the interest of
national defense to protect the facilities with prohibited airspace. By
sterilizing the airspace above these facilities and assets, defense
forces can more easily identify aircraft displaying hostile intent and,
if necessary, take appropriate action.
A commenter stated an environmental assessment should still be
done, and another stated the FAA had not complied with the EPA.
The FAA does not agree. Designation of prohibited areas is
categorically excluded from environmental actions under the National
Environmental Policy Act in accordance with FAA Order 1050.1E
Paragraphs 303d, 311a, and 312d.
Another commentor pointed out, that even if there were a valid
security concern justifying the proposed P-51, the FAA should not
consider establishing a new prohibited area while a) the proposed
prohibited area at St. Marys, GA is still pending, and b) the FAA
continues to fail to provide the legally required documentation to
Congress regarding the justification for the continued existence of the
Temporary Flight Restrictions and DC-area ADIZ that have existed for
nearly three years now.
The FAA disagrees. The prohibited airspace being established over
U.S Navy Submarine Base, Bangor, has been determined to be in the
interest of national defense. The issue of required documentation to
Congress concerning the DC-area ADIZ is outside the scope of this
action. The situation concerning St. Marys is being addressed in
separate rulemaking action.
A commenter stated this action should be considered a major action
and requires a regulatory evaluation.
The FAA does not agree. In accordance with Executive Order 12886,
this action is not a significant rule, under DOT Regulatory Polices and
procedures (44 FR 11034; February 26, 1979); and does not warrant
preparation of a regulatory evaluation.
Statutory Authority
The FAA Administrator has broad authority under Title 49 of the
United States Code (49 U.S.C.) to regulate the use of the navigable
airspace. In exercising that authority, the Administrator is required
to give consideration to the requirements of national defense,
commercial and general aviation, and the public's right of freedom of
transit through the navigable airspace (49 U.S.C. 40101). The
Administrator is also empowered to develop plans and policy for the use
of the navigable airspace and assign by regulation or order the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace (49 U.S.C. 40103(b)). Additionally, the
Administrator shall, in consultation with the Secretary of Defense,
establish areas in the airspace the Administrator decides are necessary
in the interest of national defense (49 U.S.C. 40103(b)(3)(A)). In
consideration of the statutory authority above, the Secretary of
Defense and the Administrator of the FAA have determined this action
necessary in the interest of national defense.
The Rule
In response to the U.S. Navy request, the FAA is amending Title 14
Code of Federal Regulations (14 CFR) part 73 by designating P-51 over
the U.S. Naval Submarine Base at Bangor, WA. P-51 consists of that
airspace from the surface up to, but not including, 2,500 feet MSL, to
include base property on the east side of the Hood Canal, the water
across the Hood Canal, and the base owned land portion of the Toandos
Peninsula. No person may operate an aircraft within a prohibited area
unless authorization has been granted by the using agency.
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 a categorical
exclusion from further environmental analysis under the National
Environmental Policy Act in accordance with FAA Order 1050.1E
Paragraphs 303d, 311a, and 312d.
List of Subjects in 14 CFR Part 73
Airspace, Navigation (air).
Adoption of Amendment
0
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(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.
For administrative purposes and ease of documentation we are
listing all current Prohibited Areas in sections 73.87-73.91.
Sec. 73.93 [New]
0
2. Sec. 73.93 is added as follows:
Sec. 73.87
P-56 District of Columbia
Boundaries. A. Beginning at the southwest corner of the Lincoln
Memorial (lat. 38[deg]53'20''N., long. 77[deg]03'02'' W.); thence
via a 327[deg] bearing, 0.6 mile, to the intersection of New
Hampshire Avenue and Rock Creek and Potomac Parkway, NW (lat.
38[deg]53'45'' N., long. 77[deg]03'23'' W.); thence northeast along
New Hampshire Avenue, 0.6 mile, to Washington Circle, at the
intersection of New Hampshire Avenue and K Street, NW (lat.
38[deg]54'08'' N., long. 77[deg]03'01'' W.); thence east along K
Street, 2.5 miles, to the railroad overpass between First and Second
Streets, NE (lat. 38[deg]54'08'' N., long. 77[deg]00'13'' W.);
thence southeast via a 158[deg] bearing, 0.7 mile, to the southeast
corner of Stanton Square, at the intersection of Massachusetts
Avenue and Sixth Street, NE (lat. 38[deg]53'35'' N., long.
76[deg]59'56'' W.); thence southwest via a 211[deg] bearing, 0.8
mile, to the Capitol Power Plant at the intersection of New Jersey
Avenue and E Street, SE (lat. 38[deg]52'59'' N., long.
77[deg]00'24'' W.); thence west via a 265[deg] bearing, 0.7 mile, to
the intersection of the Southwest Freeway (Interstate Route 95) and
Sixth Street, SW extended (lat. 38[deg]52'56'' N., long.
77[deg]01'12'' W.); thence north along Sixth Street, 0.4 mile, to
the intersection of Sixth Street and Independence Avenue, SW (lat.
38[deg]53'15'' N., long. 77[deg]01'12'' W.); thence west along the
north side of Independence Avenue, 0.8 mile, to the intersection of
Independence Avenue and 15th Street, SW (lat. 38[deg]53'16'' N.,
long. 77[deg]02'01'' W.); thence west along the southern lane of
Independence Avenue, 0.4 mile to the west end of the Kutz Memorial
Bridge over the Tidal Basin (lat. 38[deg]53'12'' N., long.
77[deg]02'27'' W.); thence west via a 285[deg] bearing, 0.6 mile, to
the southwest corner of the Lincoln Memorial, to the point of
beginning.
B. That area within a \1/2\-mile-radius from the center of the
U. S. Naval Observatory located between Wisconsin and Massachusetts
Avenues at 34th Street, NW (lat. 38[deg]55'17'' N., long.
77[deg]04'01'' W.).
Designated altitudes. Surface to 18,000 feet MSL.
Time of designation. Continuous.
Using agency. United States Secret Service, Washington, DC.
[[Page 29949]]
Amendments 3/25/99 64 FR 13334 (Amended)
Sec. 73.89
P-47 Amarillo, TX
Boundaries. Beginning at lat. 35[deg]21'09'' N., long.
101[deg]37'05'' W.; to lat. 35[deg]21'11'' N., long. 101[deg]32'29''
W.; to lat. 35[deg]18'09'' N., long. 101[deg]32'29'' W.; to lat.
35[deg]18'09'' N., long. 101[deg]34'50'' W.; to lat. 35[deg]17'55''
N., long. 101[deg]35'10'' W.; to lat. 35[deg]17'55'' N., long.
101[deg]35'39'' W.; to lat. 35[deg]19'05'' N., long. 101[deg]35'42''
W.; to lat. 35[deg]19'05'' N., long. 101[deg]36'06'' W.; to lat.
35[deg]18'02'' N., long. 101[deg]36'29'' W.; to lat. 35[deg]18'02''
N., long. 101[deg]37'05'' W.; to the point of beginning.
Designated altitudes. Surface to 4,800 feet MSL (1,200 feet
AGL).
Time of designation. Continuous.
Using agency. Manager, Pantex Field Office, Department of
Energy, Amarillo, TX.
P-49 Crawford, TX
Boundaries. That airspace within a 3 NM radius of lat.
31[deg]34'45'' N., long. 97[deg]32'00'' W.
Designated altitudes. Surface to 5,000 feet MSL.
Time of designation. Continuous.
Using agency. United States Secret Service, Washington, DC.
Amendments 5/15/03 68 FR 7917 (Amended)
Sec. 73.90
P-40 Thurmont, MD
Boundaries. That airspace within a 3 NM radius of the Naval
Support Facility, lat. 39[deg]38'53'' N., long. 77[deg]28'00'' W.
Designated altitudes. Surface to but not including 5,000 feet
MSL.
Time of designation. Continuous.
Using agency. Administrator, FAA, Washington, DC.
Sec. 73.91
P-73 Mount Vernon, VA
Boundaries. That airspace within a 0.5-mile radius of lat.
38[deg]42'28'' N., long. 77[deg]05'10'' W.
Designated altitudes. Surface to but not including 1,500 feet
MSL.
Time of designation. Continuous.
Using agency. Administrator, FAA, Washington, DC.
Sec. 73.93 [New]
P-51 Bangor, WA [Added]
Boundaries: Beginning at lat. 47[deg]46'31'' N., long.
122[deg]46'12'' W.; to lat. 47[deg]46'29'' N., long. 122[deg]41'31''
W.; to lat. 47[deg]41'42'' N., long. 122[deg]41'27'' W.; to lat.
47[deg]41'40'' N., long. 122[deg]44'11'' W.; to lat. 47[deg]43'19''
N., long. 122[deg]46'09'' W.; to the point of beginning.
Designated Altitudes. Surface to but not including 2,500 MSL.
Time of designation. Continuous.
Using agency. Administrator, FAA, Washington, DC.
Sec. 73.94
P-67 Kennebunkport, ME
Boundaries. A circular area of 1-mile radius centered on lat.
43[deg]20'40'' N., long. 70[deg]27'34'' W.
Designated altitudes. Surface to 1,000 feet MSL.
Time of designation. Continuous.
Using agency. Administrator, FAA, Washington, DC.
* * * * *
Issued in Washington, DC on May 16, 2005.
Edith V. Parish,
Acting Manager, Airspace and Rules.
[FR Doc. 05-10371 Filed 5-24-05; 8:45 am]
BILLING CODE 4910-13-P