[Federal Register Volume 61, Number 16 (Wednesday, January 24, 1996)]
[Rules and Regulations]
[Pages 2080-2081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-922]




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Part IV





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 1



Definitions of Special Use Airspace; Final Rule

  Federal Register / Vol. 61, No. 16 / Wednesday, January 24, 1996 / 
Rules and Regulations  

[[Page 2080]]


DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 1

[Docket No. 25767; Amdt. 1-42]
RIN 2120-AF92


Definitions of Special Use Airspace

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: This rule amends 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 rule 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.

EFFECTIVE DATE: January 15, 1996.

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:

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, or 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 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 rule redefines the term ``warning area,'' by 
consolidating the definitions of ``warning area'' and ``non-regulatory 
warning area'' found in SFAR 53 and codifies 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. This rule consolidates 
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 a 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 rule defines 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 rule will 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 area (MOA), Restricted area, or Prohibited area.
    I find that good cause exists, pursuant to 5 U.S.C. 553(d), for 
making this amendment effective in less than 30 days to avoid confusion 
on the part of pilots operating in these types of airspace.

Discussion of Comments

    Two comments were received from the Air Line Pilots Association 
(ALPA) and the Air Traffic Control Association, Inc. (ATCA). ALPA and 
ATCA support the proposed amendment to part 1 as provided in the notice 
of proposed rulemaking (60 FR 58494, Nov. 27, 1995).

The Rule

    This amendment to 14 CFR part 1, Definitions and Abbreviations, to 
include the definitions of all types of special use airspace. Except 
for ``warning areas,'' the 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 
rule also codifies the definition of warning area. As noted above, the 
definition of warning area will 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.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96-
5111), there are no requirements for information collection associated 
with this regulation.

Regulatory Evaluation

    This rule does not alter the provision of air traffic control (ATC) 
services, nor does it have an impact on ATC system users. This 
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.

Regulatory Flexibility Act Determination

    The Regulatory Flexibility Act of 1980 (RFA) ensures that 
government regulations do not needlessly and 

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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 regulation will not alter the provision of air traffic control 
(ATC) services, nor will it have an impact on ATC system users. Hence, 
regulation will not impose a significant cost on a substantial number 
of small entities.

Federalism Implications

    The rule 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 rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

International Trade Impact Assessment

    This rule will 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 
regulation will not impose costs on either U.S. or foreign operators. 
Therefore, a competitive trade disadvantage will 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 
regulation is not a ``significant regulatory action'' under Executive 
Order 12866. In addition, the FAA certifies that this 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 regulation is not considered 
significant under DOT Order 2100.5, Policies and Procedures for 
Simplification, Analysis, and Review of Regulations. A Regulatory 
Flexibility Determination and International Impact Assessment are set 
out above. Because the economic impact of this rule is 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 Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends 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 revising the definitions of Prohibited 
area and Restricted area and by adding the remaining definitions to 
read as follows:
* * * * *


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 theses 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.
* * * * *
    Issued in Washington, DC on January 18, 1996.
David R. Hinson,
Administrator.
[FR Doc. 96-922 Filed 1-19-96; 10:49 am]
BILLING CODE 4910-13-M