Federal Register, Volume 73 Issue 162 (Wednesday, August 20, 2008)

[Federal Register Volume 73, Number 162 (Wednesday, August 20, 2008)]
[Rules and Regulations]
[Pages 49090-49091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19271]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2008-0628; Airspace Docket No. 07-ASW-15]
RIN 2120-AA66


Revision of Restricted Area 5107A; White Sands Missile Range, NM

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revises Restricted Area 5107A (R-5107A), White 
Sands Missile Range, NM, by subdividing the area to reduce the size of 
R-5107A, and establish R-5107K. Together, R-5107A and R-5107K will 
occupy the same vertical, but slightly smaller lateral area than the 
existing R-5107A. The FAA is taking this action in response to a 
request from the United States (U.S.) Army to divide the existing R-
5107A into two restricted areas, R-5107A and R-5107K. This action will 
fulfill Department of Defense training requirements while freeing 
unused airspace for use by nonparticipating civil aircraft. 
Additionally, this action will allow the U.S. Army to activate only 
that portion of the airspace necessary to contain their operations.

DATES: Effective Date: 0901 UTC, September 25, 2008.

FOR FURTHER INFORMATION CONTACT: Kelly Neubecker, Airspace and Rules 
Group, Office of System Operations Airspace and AIM, Federal Aviation 
Administration, 800 Independence

[[Page 49091]]

Avenue, SW., Washington, DC 20591; telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION: 

History

    On August 28, 2007, the U.S. Army requested the FAA take action to 
modify R-5107A, White Sands Missile Range, NM, by subdividing the area 
to reduce the size of R-5107A and establish R-5107K. The U.S. Army 
assessed the utilization of the existing R-5107A, and determined their 
operations are contained to the west side of War Highway 11, 70 to 90 
percent of the time. The requested action makes the unused area 
available for use by nonparticipating civil aircraft. The U.S. Army has 
also determined that a small area at the northwest corner of the 
existing R-5107A is not needed and requested a boundary reduction. The 
subdivision of R-5107A, into R-5107A and R-5107K, will allow airspace 
managers the opportunity to return unused airspace east of War Highway 
11 for use by nonparticipating civil aircraft during periods of 
inactivity.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 73 by revisingR-5107A, White Sands Missile Range, NM, by dividing 
the area into 2 sub areas, R-5107A and R-5104K. Together, R-5107A and 
R-5107K will occupy the same vertical, but slightly smaller lateral 
area by eliminating the northwest corner of the existing R-5107A. 
Additionally, R-5107K will only be active 0700-2000 local time, Monday 
through Friday, rather than the current continuous time of designation. 
Since this action permits greater access to airspace by both Visual 
Flight Rules and Instrument Flight Rules aircraft during periods of 
activation of R-5107A and R-5107K, notice and public procedures under 5 
U.S.C. 533(b) are unnecessary.
    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.
    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 amends restricted areas in New Mexico.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with 311d., FAA Order 1050.1E, ``Environmental Impacts: Policies and 
Procedures.'' This airspace action is not expected to cause any 
potentially significant environmental impacts, and no extraordinary 
circumstances exist that warrant preparation of an environmental 
assessment.

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:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.


Sec.  73.51  [Amended]

0
2. Sec.  73.51 is amended as follows:
* * * * *

R-5107A White Sands Missile Range, NM [Revised]

    Boundaries. Beginning at lat. 32[deg]19'30'' N., long. 
106[deg]34'02'' W.; to lat. 32[deg]19'30'' N., long. 106[deg]23'49'' 
W.; to lat. 32[deg]14'33'' N., long. 106[deg]23'46'' W.; to lat. 
32[deg]12'17'' N., long. 106[deg]24'17'' W.; to lat. 32[deg]08'51'' 
N., long. 106[deg]30'01'' W.; to lat. 32[deg]08'40'' N., long. 
106[deg]34'02'' W.; to the point of beginning.
* * * * *

R-5107K White Sands Missile Range, NM [New]

    Boundaries. Beginning at lat. 32[deg]19'30'' N., long. 
106[deg]23'49'' W.; to lat. 32[deg]19'30'' N., long. 106[deg]20'38'' 
W.; to lat. 32[deg]24'48'' N., long. 106[deg]09'02'' W.; to lat. 
32[deg]23'18'' N., long. 106[deg]07'05'' W.; to lat. 32[deg]05'00'' 
N., long. 106[deg]18'22'' W.; to lat. 32[deg]05'00'' N., long. 
106[deg]29'02'' W.; to lat. 32[deg]06'20'' N., long. 106[deg]34'02'' 
W.; to lat. 32[deg]08'40'' N., long. 106[deg]34'02'' W.; to lat. 
32[deg]08'51'' N., long. 106[deg]30'01'' W.; to lat. 32[deg]12'17'' 
N., long. 106[deg]24'17'' W.; to lat. 32[deg]14'33'' N., long. 
106[deg]23'46'' W.; to the point of beginning.
    Designated altitudes. Surface to unlimited.
    Time of designation. 0700-2000 local time, Monday-Friday, other 
times by NOTAM.
    Controlling agency. FAA, Albuquerque, ARTCC.
    Using agency. Commanding General, U.S. Army Air Defense 
Artillery Center and Fort Bliss Center, (USAADCENFB) Fort Bliss, TX.
* * * * *

    Issued in Washington, DC, on August 14, 2008.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. E8-19271 Filed 8-19-08; 8:45 am]
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