[Federal Register: December 20, 2006 (Volume 71, Number 244)]
[Rules and Regulations]
[Page 76125-76126]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20de06-3]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA-2005-22680; Airspace Docket No. 05-ASW-3]
RIN 2120-AA66
Establishment of Restricted Area 5601F; Fort Sill, OK
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action establishes Restricted Area 5601F (R-5601F) over
Fort Sill, OK. The United States (U.S.) Army requested that the FAA
take action to establish R-5601F to provide additional airspace needed
to support new high angle air-to-ground training requirements for Air
Force, Navy, and Marine aircraft operating over the Falcon Bombing
Range and to enhance Fort Sill's ability to host joint training.
DATES: Effective Date: 0901 UTC, March 15, 2007.
FOR FURTHER INFORMATION CONTACT: Steve Rohring, Airspace and Rules,
Office of System Operations Airspace and AIM, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone: (202) 267-8783.
SUPPLEMENTARY INFORMATION:
Background
On November 2, 2005, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to establish R-5601F in response
to a request from the U.S. Army (70 FR 66306). Interested parties were
invited to participate in this rulemaking proceeding by submitting
written comments on the proposal to the FAA. Five comments were
received.
Discussion of Comments
The commenters included the Aircraft Owners and Pilots Association
(AOPA), the Oklahoma Pilots Association (OPA), and three individuals.
The following is a summary of those comments and the FAA's responses:
Three commenters expressed a concern that R-5601F would harm the
Wichita Mountain Wildlife Refuge and Lake Latonka.
Response: The FAA disagrees that R-5601F would cause significant
harm to these areas because R-5601F would be a narrow piece of airspace
(typically less than 3-4 miles from north to south) and the Army agreed
to restrict flight to 5,500 feet mean sea level and above, over the
Wildlife Refuge, to mitigate adverse impacts. We also note that the
Wildlife Manager of the Wichita Mountain Wildlife Refuge had no
objections to the establishment of R-5601F as outlined in the draft
environmental assessment that was later adopted.
Two commenters stated that R-5601F should not be designated as a
restricted area because the activity would not constitute ``a hazard to
non-participating aircraft'' as required by FAA Order 7400.2E.
Response: FAA Order 7400.2F, Procedures for Handling Airspace
Matters (effective on February 16, 2006) supercedes FAA Order 7400.2E.
Both versions specify that the purpose of a restricted area is to
confine or segregate activities considered hazardous to
nonparticipating aircraft. The FAA believes it is appropriate to
designate the needed maneuvering area as a restricted area because the
participating aircraft will be maneuvering with armed weapons while
preparing to drop and/or fire on the target areas. This activity
constitutes a hazard and must be conducted within restricted airspace.
Two commenters stated that there currently is not enough activity
at Fort Sill to justify a need for additional restricted airspace.
Response: R-5601F would provide the maneuvering airspace needed to
safely execute new high angle air-to-ground training requirements for
Air Force, Navy, and Marine aircraft.
One commenter expressed a concern that the proposed R-5061F would
``negatively impact general aviation by closing one of the last VFR
corridors left in southern Oklahoma'' and one other commenter stated
that the proposed restricted area would restrict air tours over the
Wichita Mountain National Wildlife Refuge and Lake Latonka.
Response: The FAA believes that the impact would be minimal because
the Army plans to use the airspace less than 6 hours per day. Also,
nonparticipating aircraft will have the opportunity to fly through the
area when the airspace is not in use and may contact Fort Sill Approach
for the status of R-5601F.
The Rule
The FAA is amending Title 14 Code of Federal Regulations (14 CFR)
part 73 to establish R-5601F adjacent to and north of R-5601B and R-
5601C. Establishment of the new restricted area will provide additional
airspace needed to support new high angle air-to-ground training
requirements for Air Force, Navy, and Marine aircraft operating over
the Falcon Bombing Range and will enhance Fort Sill's ability to host
joint training.
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 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
On October 4, 2006, the FAA adopted the U.S. Army's Finding of No
Significant Impact and Record of Decision for the establishment of R-
5601F.
List of Subjects in 14 CFR Part 73
Airspace, Prohibited Areas, Restricted Areas.
Adoption of the 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:
[[Page 76126]]
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.
Sec. 73.56 [Amended]
0
2. Sec. 73.56 is amended as follows:
* * * * *
R-5601F Fort Sill, OK [New]
Boundaries. Beginning at lat. 34[deg]46'24'' N., long.
98[deg]52'00'' W.; thence clockwise via the 49 NM arc of SPS VORTAC
to lat. 34[deg]47'00'' N., long. 98[deg]51'00'' W.; to lat.
34[deg]43'46'' N., long. 98[deg]49'55'' W.; thence clockwise via the
46 NM arc of SPS VORTAC 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 lat.
34[deg]46'45'' N., long. 98[deg]17'01'' W.; to lat. 34[deg]46'06''
N., long. 98[deg]17'01'' W.; to lat. 34[deg]46'06'' N., long.
98[deg]21'01'' W.; to lat. 34[deg]43'45'' N., long. 98[deg]21'01''
W.; to lat. 34[deg]43'30'' N., long. 98[deg]21'21'' W.; to lat.
34[deg]43'30'' N., long. 98[deg]35'40'' W.; to lat. 34[deg]45'00''
N., long. 98[deg]40'31'' W.; to lat. 34[deg]42'15'' N., long.
98[deg]50'01'' W.; to the point of beginning. Excluding that
airspace: (1) below 5500 feet MSL beginning at lat. 34[deg]44'28''
N., long. 98[deg]46'16'' W.; thence clockwise via the 46 NM arc of
SPS VORTAC to lat. 34[deg]45'09'' N., long. 98[deg]30'57'' W.; to
lat. 34[deg]43'30'' N., long. 98[deg]30'00'' W.; to lat.
34[deg]43'30'' N., long. 98[deg]35'40'' W.; to lat. 34[deg]45'00''
N., long. 98[deg]40'31'' W.; to lat. 34[deg]43'09'' N., long.
98[deg]46'56'' W.; to the point of beginning; and, (2) below 3500
feet MSL within a 1 NM radius of lat. 34[deg]46'46'' N., long.
98[deg]17'46'' W.
Designated altitudes. 500 feet AGL to FL 400.
Times of Designation. Sunrise to 2200 local time, Monday-Friday;
other times by NOTAM.
Controlling Agency. FAA, Fort Worth ARTCC.
Using Agency. Commanding General, United States Army Field
Artillery Center (USAFACFS), Fort Sill, OK.
* * * * *
Issued in Washington, DC, December 14, 2006.
Paul Gallant,
Acting Manager, Airspace and Rules.
[FR Doc. E6-21725 Filed 12-19-06; 8:45 am]
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