Airworthiness directives: Restricted areas,

[Federal Register: January 29, 1999 (Volume 64, Number 19)]

[Rules and Regulations]

[Page 4534-4535]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr29ja99-6]

[[Page 4534]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Airspace Docket No. 96-ASW-40]

RIN 2120-AA66

Amendments to Restricted Areas 5601D and 5601E; Fort Sill, OK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action raises the upper limit of Restricted Area 5601D (R-5601D) from the current 16,500 feet mean sea level (MSL) to Flight Level (FL) 400. Additionally, this action amends the times and days of designation for R-5601D and R-5601E when these areas may be activated without a prior issuance of a Notice to Airmen (NOTAM). These changes are necessary to accommodate high altitude/high angle bomb delivery training and to support weekday and night flying requirements.

EFFECTIVE DATE: 0901 UTC, March 25, 1999.

FOR FURTHER INFORMATION CONTACT: Bil Nelson, 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:

History

On November 10, 1997, the FAA proposed to amend 14 CFR part 73 to raise the upper limit of R-5601D and to expand the times and change the days of designation for R-5601D and R-5601E (62 FR 60463). Interested parties were invited to participate in this rulemaking proceeding by submitting written comments on the proposal to the FAA. No comments were received. Except for editorial changes, this amendment is the same as that proposed in the notice. Section 73.56 of part 73 was republished in FAA Order 7400.8F dated October 27, 1998.

The Rule

This amendment to 14 CFR part 73 raises the upper limit of R-5601D from the current 16,500 feet MSL to FL 400. The United States Air Force (USAF) requested this change to R-5601D in order to contain high- altitude jet aircraft bombing patterns in the Falcon Range target area located in R-5601C. Although R-5601C airspace extends to FL 400, there is not enough maneuvering airspace to allow jet aircraft to climb to the required delivery altitudes before final approach into the target area. Raising the upper limit of R-5601D to FL 400 will alleviate this airspace problem and allow for quality high altitude/high angle bomb delivery training, a USAF pilot requirement for ``mission ready'' status.

Additionally, this rule expands the times of designation and days of operation for R-5601D and R-5601E from the current ``Sunrise to sunset, Tuesday through Saturday; other times by NOTAM'' to ``Sunrise to 2200, Monday-Friday; other times by NOTAM.'' This expansion in the time of designation is necessary to accommodate a change in flying requirements by both the 301st Fighter Wing, Carswell Field, TX, and the 88th Training Wing at Sheppard AFB, TX. Although there will still be occasional weekend flying, most activity will occur during weekdays. The extension of flying times beyond sunset is necessary due to the USAF training requirement to fly night sorties. This action will not alter the horizontal boundaries or the designated purpose of the restricted areas.

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. It, therefore--(1) is not a ``significant regulatory action'' under Executive Order 12866; (2) is not a ``significant rule'' under 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 Department of the Army, with the concurrence of the Department of the Air Force, has requested that this airspace action be excluded from requirements for an Environmental Impact Statement and finding of no significant impact under Categorical Exclusion (CATEX) 2.3.35. The FAA considered the applicability of CATEX 2.3.35 to this action under the terms of the Memorandum of Understanding between the FAA and the Department of Defense (DOD), executed on January 26, 1998. The FAA also considered whether FAA CATEX 3(c) applies to this action, FAA Order 1050.1D, App.3, Para.3(c).

The DOD's CATEX 2.3.35 excludes all military training routes for subsonic operations that have a base altitude of 3,000 feet above ground level (AGL) or higher. This action raises the altitude of the area from 16,000 feet AGL to FL 400. Additionally, no extraordinary circumstances exist that warrant the preparation of an environmental assessment. The requirements for CATEX 2.3.35 are therefore satisfied because the proposed changes would affect altitudes above 3,000 feet AGL.

In addition, FAA CATEX 3(c) applies to this action because it involves the minor adjustment of raising an altitude in special use airspace. This action raises the vertical boundaries of the affected airspace but does not alter the horizontal boundaries, nor does it change the frequency of activity conducted within the restricted areas for the designated purpose. Therefore, the FAA has determined that this action qualifies for CATEX 3(c) in accordance with FAA Order 1050.1D, ``Policies and Procedures for Considering Environmental Impacts.''

List of Subjects in 14 CFR Part 73

Airspace, Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the Federal Aviation Administration amends 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. 73.56 [Amended]

2. Section 73.56 is amended as follows: * * * * *

   R-5601D Fort Sill, OK [Amended]

   By removing the current ``Designated altitudes. 500 feet AGL to 16,500 feet MSL'' and substituting ``Designated altitudes. 500 feet AGL to FL 400'' and also by removing ``Time of designation. Sunrise to sunset, Tuesday through Saturday; other times by NOTAM'' and substituting ``Time of designation. Sunrise to 2200, Monday through Friday; other times by NOTAM.''

   R-5601E Fort Sill, OK [Amended]

   By removing the current ``Time of designation. Sunrise to sunset, Tuesday through Saturday; other times by NOTAM'' and substituting ``Time of designation. Sunrise to 2200, Monday through Friday; other times by NOTAM.'' * * * * *

   [[Page 4535]]

   Issued in Washington, DC, on January 25, 1999. Reginald C. Matthews, Acting Program Director for Air Traffic Airspace Management.

   [FR Doc. 99-2136Filed1-28-99; 8:45 am]

   BILLING CODE 4910-13-P