[Federal Register Volume 75, Number 60 (Tuesday, March 30, 2010)]
[Proposed Rules]
[Pages 15632-15635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7075]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA-2009-1050; Airspace Docket No. 09-ASW-3]
RIN 2120-AA66
Proposed Amendment to and Establishment of Restricted Areas and
Other Special Use Airspace; Razorback Range Airspace Complex, AR
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: This action proposes to restructure the restricted areas and
other special use airspace (SUA) located in the vicinity of Fort
Chaffee, AR. The Air National Guard (ANG) requested these modifications
to the Razorback Range Airspace Complex, by establishing two new
restricted areas, renaming an existing restricted area, and amending
the boundaries section of the legal description of the Hog High North
military operation area (MOA) that is contained in the airspace
complex. Unlike restricted areas which are designated under Title 14
Code of Federal Regulations (14 CFR) part 73, MOAs are not rulemaking
airspace actions. However, since the proposed R-2402B infringes on the
Hog High North MOA, the FAA is including a discussion of the Hog High
North MOA change in this NPRM. The ANG requested these airspace changes
to permit more realistic aircrew training in modern tactics to be
conducted in the Razorback Range Airspace Complex and to enable more
efficient use of the National Airspace System (NAS).
DATES: Comments must be received on or before May 14, 2010.
ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue, SE.,
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001;
telephone: (202) 366-9826. You must identify FAA Docket No. FAA-2009-
1050 and Airspace Docket No. 09-ASW-3 at the beginning of your
comments. You may also submit comments through the Internet at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace and Rules
Group, Office of System Operations Airspace and AIM, 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
[[Page 15633]]
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-2009-1050 and Airspace Docket No. 09-ASW-3) and be submitted in
triplicate to the Federal Docket Management System (see ADDRESSES
section for address and phone number). You may also submit comments
through the Internet at http://www.regulations.gov.
Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2009-1050 and Airspace Docket No. 09-ASW-3.'' The
postcard will be date/time stamped and returned to the commenter.
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 action 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 NPRMs
An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Federal
Docket Management System 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 Central Service Center, Operations
Support Group, Federal Aviation Administration, 2601 Meacham Blvd.,
Fort Worth, TX 76137.
Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking, (202) 267-9677,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.
Background
The special use airspace of the Razorback Range Airspace Complex
includes restricted areas and MOAs. Restricted areas are regulatory
airspace areas that are designated under 14 CFR part 73 rulemaking
procedures to contain activities that may present a hazard to
nonparticipating aircraft including ground-based and air-delivered
weapons employment. No person may operate an aircraft within a
restricted area without the advance permission of the using or
controlling agency.
The Razorback Range Airspace Complex MOAs are used primarily as
maneuvering areas for aircraft conducting air-to-ground and air-to-air
training scenarios and may be used in conjunction with the existing
restricted areas. MOAs are nonregulatory airspace areas that are
established administratively and published in the NFDD. MOAs are
established to segregate non-hazardous military flight activities from
aircraft operating in accordance with instrument flight rules (IFR),
and to advise pilots flying under visual flight rules (VFR) where these
activities are conducted. IFR aircraft may be routed through an active
MOA only when air traffic control can provide approved separation from
the MOA activity. VFR pilots are not restricted from flying in an
active MOA, but are advised to exercise caution while doing so.
Normally, MOA proposals are not published in an NPRM but, instead, are
advertised for public comment through a nonrule circular distributed by
the FAA Service Center office to aviation interests in the affected
area. When a nonrulemaking action is an integral part of a rulemaking
action, FAA procedures allow for the nonrulemaking proposal to be
included in the NPRM. Since the proposed restricted area R-2402B
infringes on the Hog High North MOA, the FAA is including a description
of the Hog High North MOA amendment in this NPRM. Comments on the
proposed MOA change may also be submitted as indicated above in the
``Comments Invited'' section of this NPRM.
The ANG requested modifications to the Razorback Range Airspace
Complex to better support essential air-to-ground weapons delivery
profiles and advanced tactical training requirements. Driving the
request are the technological advances that have been made in aircraft
targeting systems that allow accurate weapons delivery from higher
altitudes and greater distances from the target. The dimensions of the
Razorback Range restricted area (R-2402) have not changed in decades
and cannot accommodate the requirements of the modern combat tactics
and increased capabilities of today's fighter aircraft. This airspace
shortfall resulted in the request for additional restricted airspace at
the Razorback Range. The proposed restricted areas, if approved, would
accommodate the ANG's training requirements to perform combat missions
such as Close Air Support, Destruction of Enemy Air Defenses, Combat
Search and Recovery, Time Sensitive Targeting, and Forward Air
Controller--Airborne during day and night time conditions.
While the Razorback Range supports training in low to medium
altitudes, the lateral boundary of the range's existing restricted area
is inadequate for training at medium to high altitudes. The restricted
areas R-2402B and R-2402C, as proposed, would expand the lateral
boundaries of the Razorback Range restricted area airspace
approximately five nautical miles north and east of R-2402, and
approximately three nautical miles south of R-2402 into the Hog High
North MOA. If approved, the proposed airspace will provide the
maneuvering airspace needed to permit air-to-ground training in various
tactics that are being used in combat today.
The vertical and lateral boundaries of the Hog High North MOA will
not change as a result of this airspace action. However, since the
proposed R-2402B restricted area penetrates the MOA, the legal
description will be amended to exclude R-2402B when the restricted area
is active.
The Razorback Range Airspace Complex is, and will remain,
designated as ``joint-use'' airspace. This means that, during periods
when the airspace complex, or parts of the complex, are not needed by
the using agency for its designated purposes, the airspace will be
returned to the controlling agency for access by other NAS users. The
Memphis Air Route Traffic Control Center (ARTCC) is the controlling
agency for the Razorback Range Airspace Complex.
The Proposed MOA Change
The FAA is proposing an amendment to the Hog High North MOA
boundaries section of the legal description to exclude the proposed
restricted area R-2402B, which overlaps airspace with the MOA, when
that restricted area is active. The altitude and time of use
descriptions for Hog High North MOA will remain unchanged. This change
would prevent airspace conflict with the overlapping proposed R-2402B.
[[Page 15634]]
Hog High North MOA, AR [Amended]
By removing the current boundaries description and substituting the
following: Boundaries. Beginning at lat. 35[deg]13'50'' N., long.
94[deg]12'01'' W.; to lat. 35[deg]11'33'' N., long. 94[deg]12'01'' W.;
thence east along Arkansas State Highway 10 to lat. 35[deg]10'20'' N.,
long. 94[deg]01'01'' W.; to lat. 35[deg]15'00'' N., long.
94[deg]01'01'' W.; to lat. 35[deg]05'00'' N., long. 93[deg]34'01'' W.;
at lat. 34[deg]51'00'' N., long. 93[deg]25'01'' W.; to lat.
34[deg]38'12'' N., long. 93[deg]31'18'' W.; to lat. 34[deg]41'30'' N.,
long. 93[deg]45'53'' W.; to lat. 34[deg]40'58'' N., long.
93[deg]50'18'' W.; to lat. 34[deg]47'19'' N., long. 94[deg]26'52'' W.;
to lat. 34[deg]55'00'' N., long. 94[deg]23'08'' W.; to lat.
35[deg]05'31'' N., long. 94[deg]17'57'' W.; to the point of beginning,
excluding R-2402B when active.
The MOA change described here will also be published in the National
Flight Data Digest (NFDD).
The Restricted Area Proposal
The FAA is proposing an amendment to 14 CFR part 73 to expand the
restricted area airspace at the Razorback Range Airspace Complex to
permit training in real-world combat tactics. While the ceiling of R-
2402, at 30,000 feet MSL, is considered adequate for medium to high
altitude weapons employment tactics training scenarios today, the
lateral distance from the target area does not support medium to high
altitude weapons delivery. Thus, aircrew training that is essential for
combat readiness today is limited. This proposal would add two new
restricted areas, R-2402B and R-2402C, to provide the vertical and
lateral maneuvering airspace needed to practice medium to high altitude
standoff weapon delivery profiles. Restricted area R-2402B is proposed
to extend approximately five nautical miles to the east and three
nautical miles to the south (into Hog High North MOA) of R-2402, from
10,000 feet MSL to FL 220. Restricted area R-2402C is proposed to
extend approximately five nautical miles to the east and north of R-
2402, from 13,000 feet MSL to FL 220. The proposed restricted areas
will be activated when maneuvering airspace is required and cannot be
activated without R-2402 being active also. When the proposed R-2402B
and R-2402C restricted areas are not required for training
requirements, that airspace will be released to Memphis ARTCC for
access by nonparticipating aircraft, as appropriate.
Finally, to keep the naming convention of the R-2402 complex
standardized, the FAA proposes to change the ``R-2402 Fort Chaffee,
AR'' restricted area name to ``R-2402A Fort Chaffee, AR''. To ensure
the time of designation of all R-2402 restricted areas in the Razorback
Range Airspace Complex are consistent and cannot be misinterpreted, the
time of designation information for R-2402 (proposed to become R-2402A)
would also change the ``Monday through Sunday'' currently listed in the
legal description to ``daily.'' The remaining R-2402 legal description
information will remain the same when re-published as R-2402A.
Section 73.24 of Title 14 CFR part 73 was republished in FAA Order
7400.8R, effective February 16, 2009.
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 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 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.
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 would restructure the SUA at the Razorback Range Airspace
Complex, Fort Chaffee, AR.
Environmental Review
This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures,'' prior to any FAA final regulatory action.
List of Subjects in 14 CFR Part 73
Airspace, Prohibited areas, Restricted areas.
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. 73.24 [Amended]
2. Sec. 73.24 is amended as follows:
* * * * *
R-2402 Fort Chaffee, AR [Removed]
R-2402A Fort Chaffee, AR [New]
Boundaries. Beginning at lat. 35[deg]18'09'' N., long.
94[deg]03'01'' W.; to lat. 35[deg]17'00'' N., long. 94[deg]03'01''
W.; to lat. 35[deg]17'00'' N., long. 94[deg]01'01'' W.; to lat.
35[deg]10'20'' N., long. 94[deg]01'01'' W.; thence west along
Arkansas State Highway No. 10 to lat. 35[deg]11'33'' N., long.
94[deg]12'01'' W.; to lat. 35[deg]13'50'' N., long. 94[deg]12'01''
W.; to lat. 35[deg]18'10'' N., long. 94[deg]12'01'' W.; to lat.
35[deg]18'12'' N., long. 94[deg]09'52'' W.; thence east along
Arkansas State Highway No. 22 to the point of beginning.
Designated altitudes. Surface to and including 30,000 feet MSL.
Time of designation. Sunrise to sunset, daily; other times by
NOTAM.
Controlling agency. FAA, Memphis ARTCC.
Using agency. Commanding General, Fort Chaffee, AR.
* * * * *
R-2402B Fort Chaffee, AR [New]
Boundaries. Beginning at lat. 35[deg]18'26'' N., long.
93[deg]55'41'' W.; thence clockwise along a 7-NM radius circle
centered at lat. 35[deg]15'26'' N., long. 94[deg]03'24'' W.; to lat.
35[deg]10'55'' N., long. 94[deg]09'57'' W.; thence east along
Arkansas State Highway 10 to lat. 35[deg]10'20'' N., long.
94[deg]01'01'' W.; to lat. 35[deg]17'00'' N., long. 94[deg]01'01''
W.; to lat. 35[deg]17'00'' N., long. 94[deg]03'01'' W.; to lat.
35[deg]18'09'' N., long. 94[deg]03'01'' W.; thence east along
Arkansas State Highway 22 to the point of beginning.
Designated altitudes. 10,000 feet MSL to, but not including, FL
220.
Time of designation. Sunrise to sunset, daily; other times by
NOTAM.
Controlling agency. FAA, Memphis ARTCC.
Using agency. Arkansas Air National Guard, 188th Fighter Wing,
Ft. Smith, AR.
R-2402C Fort Chaffee, AR [New]
Boundaries. Beginning at lat. 35[deg]21'48'' N., long.
94[deg]06'59'' W.; thence clockwise along a 7-NM radius circle
centered at lat. 35[deg]15'26'' N., long. 94[deg]03'24'' W.; to lat.
35[deg]18'26'' N., long. 93[deg]55'41'' W.; thence west along
Arkansas State Highway 22 to lat. 35[deg]18'12''
[[Page 15635]]
N., long. 94[deg]09'52'' W.; to the point of beginning.
Designated altitudes. 13,000 feet MSL to, but not including, FL
220.
Time of designation. Sunrise to sunset, daily; other times by
NOTAM.
Controlling agency. FAA, Memphis ARTCC.
Using agency. Arkansas Air National Guard, 188th Fighter Wing,
Ft. Smith, AR.
Issued in Washington, DC, on March 19, 2010.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. 2010-7075 Filed 3-29-10; 8:45 am]
BILLING CODE 4910-13-P