Airworthiness directives: Restricted areas,

[Federal Register: September 2, 1998 (Volume 63, Number 170)]

[Rules and Regulations]

[Page 46648-46650]

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

[DOCID:fr02se98-11]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Airspace Docket No. 94-ASO-9]

RIN 2120-AA66

Expansion of Restricted Area R-6002, Poinsett-Sumter, SC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action raises the upper limit of Restricted Area R-6002 from the current 13,000 feet mean sea level (MSL), up to and including Flight Level (FL) 230. The expanded restricted airspace is redesignated as three subdivisions: R-6002A, R-6002B, and R-6002C to facilitate real-time use of the airspace. The purpose of this amendment is to provide airspace for high-angle bomb delivery training at the Poinsett Range. In addition, the name of the using agency is changed to reflect the current organizational title.

EFFECTIVE DATE: 0901 UTC, October 8, 1998.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, 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:

Background

On November 23, 1994, the FAA proposed an amendment to part 73 of 14 CFR part 73 (59 FR 60339) to raise the upper limit of Restricted Area R-6002, Poinsett-Sumter, SC, from 13,000 feet MSL up to FL 230, and to reconfigure the airspace in three subareas as follows: R-6002A from the surface to but not including 13,000 feet MSL, R-6002B from 13,000 feet MSL to but not including FL 180, and R-6002C from FL

[[Page 46649]]

180 to FL 230. Additionally, the FAA proposed to change the name of the using agency, for the restricted areas, from ``Commander, Shaw AFB, SC,'' to ``U.S. Air Force, 20 Fighter Wing (FW), Shaw AFB, SC.''

Interested parties were invited to participate in this rulemaking proceeding by submitting written comments to the FAA. In response to this NPRM, the FAA received two comments, one from the Air Transport Association of America and one from USAir (now US Airways). An analysis of the comments received, along with the FAA's response, are detailed below:

Analysis of Comments

Those commenters responding to the notice expressed concern that the expansion of R-6002 would adversely impact air carrier operations between Charlotte Douglas International Airport, NC, and destinations in Florida. To address these concerns, the U.S. Air Force and the Jacksonville Air Route Traffic Control Center (ARTCC) reached an agreement on the use of the Poinsett Range which requires the application of real-time scheduling and activation/deactivation procedures and limits activation periods to avoid air carrier peak hours. In addition, the controlling agency may deny usage of the airspace, if required, due to peak traffic flow, severe weather, or other factors. The FAA believes that this agreement satisfactorily addresses the commenters' concerns.

The Rule

This amendment to 14 CFR part 73 (part 73) raises the upper altitude limit of the Poinsett Range from the current 13,000 feet MSL to FL 230, and changes the name of the using agency to reflect the current organizational title. The present lateral boundaries of the restricted area are not changed by this action. This action redesignates the current restricted area, R-6002, as R-6002A, extending from the surface to but not including 13,000 feet MSL. In addition, two new subareas are designated directly above R-6002A, as follows: R-6002B from 13,000 feet MSL to but not including FL 180; and R-6002C from FL 180 to FL 230. This configuration allows for the real-time utilization of airspace with the ``B'' and ``C'' subareas being activated when needed for high-angle weapons delivery training. The U.S. Air Force requested the higher vertical limits for R-6002 in order to conduct high altitude/high-angle bomb delivery training. Lessons learned during the Desert Storm Operation dictated that these tactics be added to mission training profiles. The current 13,000 feet MSL ceiling does not provide sufficient vertical airspace to permit accomplishment of this essential training. This amendment also changes the name of the using agency for the restricted areas from ``Commander, Shaw AFB, SC,'' to ``U.S. Air Force, 20th FW, Shaw AFB, SC,'' to reflect the current title of the using agency. The coordinates for this airspace docket are based on North American Datum 83.

Section 73.60 of part 73 was republished in FAA Order 7400.8E, dated November 7, 1997.

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 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 will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

In February 1994, the U.S. Air Force issued a final environmental assessment (EA) for the Proposed Expansion of Poinsett Weapons Range, Sumter County, SC. In June 1998, the U.S. Air Force submitted a Final Supplement to the EA to the FAA. In July 1998, the FAA completed a reevaluation of the EA. The FAA determined that the airspace action evaluated in the EA is the same as that described in this final rule and that the EA, with the Final Supplement to the EA, adequately assesses and discloses the environmental impacts of the proposed action. The FAA concluded that the EA is valid and determined a Finding of No Significant Impact (FONSI) for the proposed action. This proposed Federal action is consistent with existing national environmental policies and objectives as set forth in section 101(a) of the National Environmental Policy Act (NEPA), as amended. This action would not significantly affect the quality of the human environment or otherwise include any condition requiring consultation pursuant to section 102(2)(c) of the NEPA. To obtain a copy of the FAA FONSI, refer to the section titled FOR FURTHER INFORMATION CONTACT, above.

This decision to approve the proposed special use airspace action constitutes an order of the Administrator issued pursuant to 49 U.S.C. 40103(b) and is reviewable before the United States courts of appeals in accordance with the provisions of 49 U.S.C. 46110 (formerly 1006 of the Federal Aviation Act of 1958, as amended). This order constitutes final agency action under 49 U.S.C. 46110. Any party having a substantial interest may appeal this order to the courts of appeals of the United States or the United States Court of Appeals for the District of Columbia upon petition, filedwithin 60 (sixty) days after issuance of this order.

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. 73.60 [Amended]

2. Sec. 73.60 is amended as follows: * * * * *

   R-6002 Poinsett-Sumter, SC [Remove]

   R-6002A Poinsett-Sumter, SC [New]

   Boundaries. Beginning at lat. 33 deg.54'25''N., long. 80 deg.24'11''W.; to lat. 33 deg.46'26''N., long. 80 deg.23'11''W.; to lat. 33 deg.44'28''N., long. 80 deg.31'41''W.; to lat. 33 deg.50'14''N., long. 80 deg.31'02''W.; to lat. 33 deg.53'38''N., long. 80 deg.31'02''W.; to the point of beginning. Designated altitudes. Surface to but not including 13,000 feet MSL. Time of designation. 0600-2400 local time Monday-Friday; 0800-1600 local time Saturday; other times by NOTAM at least 8 hours in advance. Controlling agency. FAA, Jacksonville ARTCC. Using agency. U.S. Air Force, 20 FW, Shaw AFB, SC.

   R-6002B, Poinsett-Sumter, SC [New]

   Boundaries. Beginning at lat. 33 deg.54'25''N., long. 80 deg.24'11''W.; to lat. 33 deg.46'26''N., long. 80 deg.23'11''W.; to lat. 33 deg.44'28''N., long. 80 deg.31'41''W.; to lat. 33 deg.50'14''N., long. 80 deg.31'02''W.; to lat. 33 deg.53'38''N., long. 80 deg.31'02''W.; to the point of beginning. Designated altitudes. 13,000 feet MSL to but not including FL 180. Time of designation. 0600-2400 local time Monday-Friday; 0800-1600 local time Saturday; other times by NOTAM at least 8 hours in advance.

   [[Page 46650]]

   Controlling agency. FAA, Jacksonville ARTCC. Using agency. U.S. Air Force, 20 FW, Shaw AFB, SC.

   R-6002C, Poinsett-Sumter, SC [New]

   Boundaries. Beginning at lat. 33 deg.54'25''N., long. 80 deg.24'11''W.; to lat. 33 deg.46'26''N., long. 80 deg.23'11''W.; to lat. 33 deg.44'28''N., long. 80 deg.31'41''W.; to lat. 33 deg.50'14''N., long. 80 deg.31'02''W.; to lat. 33 deg.53'38''N., long. 80 deg.31'02''W; to the point of beginning. Designated altitudes. FL 180 to FL 230. Time of designation. 0600-2400 local time Monday-Friday; 0800-1600 local time Saturday; other times by NOTAM at least 8 hours in advance. Controlling agency. FAA, Jacksonville ARTCC. Using agency. U.S. Air Force, 20 FW, Shaw AFB, SC. * * * * *

   Issued in Washington, DC, on August 26, 1998. Timothy Fleming, Acting Program Director for Air Traffic Airspace Management.

   [FR Doc. 98-23629Filed9-1-98; 8:45 am]

   BILLING CODE 4910-13-U