[Federal Register Volume 60, Number 227 (Monday, November 27, 1995)]
[Proposed Rules]
[Pages 58494-58496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28844]
[[Page 58493]]
_______________________________________________________________________
Part IX
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Part 1
Definitions of Special Use Airspace; Proposed Rule
Federal Register / Vol. 60, No. 227 / Monday, November 27, 1995 /
Proposed Rules
[[Page 58494]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 1
[Docket No. 25767; Notice No. 95-16]
RIN 2120-AF92
Definitions of Special Use Airspace
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This action proposes to amend the Federal Aviation Regulations
by adding the definitions of the various forms of special use airspace.
Several categories of special use airspace currently are defined other
than in the Regulations. This proposed action is needed to consolidate
and define those categories in a single part, including the definitions
of warning area and non-regulatory warning area found in Special
Federal Aviation Regulation (SFAR) No. 53.
DATES: Comments must be received on or before December 27, 1995.
ADDRESSES: Comments on this NPRM should be mailed, in triplicate, to:
Federal Aviation Administration, Office of the Chief Counsel,
Attention: Rules Docket (AGC-200), Docket No. 25767, 800 Independence
Avenue, SW., Washington, DC 20591. Comments may also be sent
electronically to the following Internet address:
[email protected]. Comments delivered must be marked Docket No.
25767. Comments may be examined in Room 915G weekdays between 8:30 a.m.
and 5 p.m., except on Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Joseph C. White, Air Traffic Rules
Branch, ATP-230, Federal Aviation Administration, 800 Independence
Avenue, SW., Washington, DC 20591; telephone (202) 267-8783.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the rule making
process by submitting such written data, views, or arguments as they
may desire. Comments relating to the environmental, energy, federalism,
or economic impact that might result from adopting the proposals in
this notice are also invited. Substantive comments should be
accompanied by cost estimates. Comments should identify the regulatory
docket or notice number and should be submitted in triplicate to the
Rules Docket address specified above. All comments received on or
before the closing date for comments specified will be considered by
the Administrator before acting on this proposed rulemaking. The
proposals contained in this notice may be changed considering comments
received. All comments received will be available, both before and
after the closing date for comments, in the Rules Docket for
examination by interested persons. A report summarizing each
substantive public contact with FAA personnel concerned with this rule
making will be filed in the docket. Commenters wishing the FAA to
acknowledge receipt of their comments submitted in response to this
notice must include a pre-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. 25767. The
postcard will be date stamped and mailed to the commenter.
Availability of NPRM's
Any person may obtain a copy of this NPRM by submitting a request
to the Federal Aviation Administration, Office of Public Affairs,
Attention: Public Inquiry Center, APA-220, 800 Independence Avenue,
SW., Washington, DC 20591, or by calling (202) 267-3484. Communications
must identify the notice number of this NPRM. Persons interested in
being placed in a mailing list for future NPRM's should request from
the above office a copy of Advisory Circular No. 11-2A, Notice of
Proposed Rulemaking Distribution System, which describes the
application procedure.
Background
The FAA has determined that for purposes of clarification and
conformity, it would be appropriate to include in part 1, Definitions
and Abbreviations, the definitions of all categories of special use
airspace. Special use airspace is defined in 14 CFR Section 73.3(a) as
airspace of defined dimensions wherein activities must be confined
because of their nature, ow wherein limitations are imposed upon
aircraft operations that are not a part of those activities, or both.
With the exception of `'warning area,'' the definitions proposed are
the same definitions provided for these categories of airspace in the
Aeronautical Information Manual and in FAA Order 7400.2, Procedures for
Handling Airspace Matters. The codification of these currently accepted
definitions into part 1 does not in any way affect the provisions that
apply to these areas that are contained in parts 73 and 91. Nor does
the inclusion of the definitions in part 1 impose any new operating
restrictions.
In addition, this notice proposes to redefine the term ``warning
area,'' by consolidating the definitions of ``warning area'' and ``non-
regulatory warning area'' found in SFAR 53 and codify that term in part
1. Warning areas are defined in SFAR 53 as airspace of defined
dimensions, extending from 3 to 12 nautical miles from the coast of
this United States, which contain activity that may be hazardous to
nonparticipating aircraft. The purpose of such warning areas is to warn
nonparticipating pilots of the potential danger. The FAA proposes to
consolidate this definition with the definition of non-regulatory
warning area found in SFAR 53. A non-regulatory warning area is an
airspace of defined dimensions designated over international waters
that contains activity which may be hazardous to nonparticipating
aircraft. The FAA believes that combining the definition of warning
area with the definition of a non-regulatory warning area into a single
definition is appropriate since the procedures that apply to these two
areas are the same.
Presidential Proclamation No. 5928, issued on December 27, 1988,
extended the sovereignty of the United States, for international
purposes, over the territorial seas from 3 to 12 nautical miles from
the coast of the United States (including its territories). Prior to
Presidential Proclamation No. 5928, warning areas were only designated
in international waters. SFAR 53, promulgated in response to
Proclamation No. 5928, designated warning areas in domestic airspace.
This proposal would define a warning area as an area of airspace of
defined dimension, extending from 3 nautical miles outward from the
coast of the United States, that contains activity which may be
hazardous to nonparticipating aircraft.
This proposal would not alter any of the existing warning areas.
The FAA does not envision any future additional warning areas or
enlargement of the existing warning areas in domestic airspace. If new
airspace areas are needed in domestic airspace, the FAA will work with
the proponent to establish the appropriate domestic special use
airspace, i.e. military operations are (MOA), Restricted area, or
Prohibited area.
The Proposal
The FAA is proposing to amend 14 CFR part 1, Definitions and
Abbreviations, to include the definitions of all types of special use
airspace.
[[Page 58495]]
Except for ``warning areas,'' the proposed definitions are the same
definitions of the categories of special use airspace found in the
Aeronautical Information Manual and FAA Order 7400.2, Procedures for
Handling Airspace Matters and are familiar to and accepted by the
flying community. The inclusion of these definitions in part 1 does not
affect any provision currently contained in parts 73 and 91. Further,
the inclusion of these definitions does not add any requirement or
operating restriction to these categories of special use airspace. This
proposal also codifies the definition of warning area. As noted above,
the proposed definition of warning area would consolidate the
definitions in SFAR 53 into a single definition of a warning area that
applies to domestic airspace located from 3 to 12 nautical miles from
the U.S. coast, as well as international airspace beyond the 12
nautical mile boundary from the coast.
International Civil Aviation Organization and Joint Aviation
Regulations
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with
International Civil Aviation organization Standards and Recommended
Practices (SARP) to the maximum extent practicable. A difference will
be filed with the International Civil Aviation Organization.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96-
511), there are no requirements for information collection associated
with this proposed regulation.
Regulatory Evaluation
This proposed regulation does not alter the provision of air
traffic control (ATC) services, nor does it have an impact on ATC
system users. This proposed regulation merely adds a section of
currently accepted definitions in 14 CFR part 1 without making any
substantive revision to parts 73 and 91. Accordingly, because the costs
of the rule are minimal or non-existent, a formal regulatory evaluation
has not been prepared. Nevertheless, the FAA seeks comments from the
public on any possible economic impact of this notice.
Regulatory Flexibility Act Determination
The Regulatory Flexibility Act of 1980 (RFA) ensures that
government regulations do not needlessly and disproportionately burden
small businesses. The RFA requires the FAA to review each rule that may
have a significant economic impact on a substantial number of small
entities.
The proposed regulation will not alter the provision of air traffic
control (ATC) services, nor will it have an impact on ATC system users.
Hence, the proposed regulation will not impose a significant cost on a
substantial number of small entities.
Federalism Implications
The proposed regulation set forth herein will not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this
proposed regulation does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
International Trade Impact Assessment
The proposal would not constitute a barrier to international trade,
including the export of U.S. goods and services to foreign countries
and the import of foreign goods and services to the United States. This
proposal would not impose costs on either U.S. or foreign operators.
Therefore, a competitive trade disadvantage would not be incurred by
either U.S. operators abroad or foreign operators in the United States.
Conclusion
For the reasons discussed in the preamble, and based on the
findings in the Regulatory Flexibility Determination and the
International Trade Impact Assessment, the FAA has determined that this
proposed regulation is not a ``significant regulatory action'' under
Executive Order 12866. In addition, the FAA certifies that this
proposed regulation will not have a significant economic impact,
positive or negative, on a substantial number of small entities under
the criteria of the Regulatory Flexibility Act. This proposed
regulation is not considered significant under DOT Order 2100.5,
Policies and Procedures for Simplification, Analysis, and Review of
Regulations. An Initial Regulatory Flexibility Determination and
International Impact Assessment are set out above. Because the economic
impact of this proposal are minimal or non-existent, no formal
regulatory evaluation has been prepared.
List of Subjects in 14 CFR Part 1
Air transportation, Federal Aviation Administration.
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 1 as follows:
PART 1--[AMENDED]
1. The authority citation for part 1 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
2. Section 1.1 is amended by adding the following definitions to
read as follows:
* * * * *
Sec. 1.1 General definitions.
* * * * *
Alert Area. An alert area is established to inform pilots of a
specific area wherein a high volume of pilot training or an unusual
type of aeronautical activity is conducted.
* * * * *
Controlled Firing Area. A controlled firing area is established to
contain activities, which if not conducted in a controlled environment,
would be hazardous to nonparticipating aircraft.
* * * * *
Military Operations Area. A military operations area (MOA) is
airspace established outside Class A airspace to separate or segregate
certain nonhazardous military activities from IFR traffic and to
identify for VFR traffic where these activities are conducted.
* * * * *
Prohibited Area. A prohibited area is airspace designated under
part 73 within which no person may operate an aircraft without the
permission of the using agency.
* * * * *
Restricted Area. A restricted area is airspace designated under
Part 73 within which the flight of aircraft, while not wholly
prohibited, is subject to restriction.
* * * * *
Warning Area. A warning area is airspace of defined dimensions,
extending from 3 nautical miles outward from the coast of the United
States, that contains activity that may be hazardous to
nonparticipating aircraft. The purpose of such warning areas is to warn
nonparticipating pilots of the potential danger. A warning area may be
located over domestic or international waters or both.
* * * * *
[[Page 58496]]
Issued in Washington, DC on November 20, 1995.
Harold W. Becker,
Acting Program Director for Air Traffic Rules and Procedures.
[FR Doc. 95-28844 Filed 11-24-95; 8:45 am]
BILLING CODE 4910-13-M