[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Proposed Rules]
[Pages 3884-3885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2273]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 73

[Airspace Docket No. 95-ASW-6]


Proposed Establishment of Restricted Areas; NM

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This proposed rule would establish the following four new 
restricted areas in western/central New Mexico: R-5117, Fort Wingate, 
NM; R-5119, Socorro, NM; R-5121, Fort Wingate, NM; and R-5123, 
Magdalena, NM. The proposed restricted areas would provide an extended 
test range for the U. S. Army to conduct missile and sensor system 
tests associated with the theater missile defense system. Under the 
proposed test program, missile launches would be conducted from the 
Fort Wingate Army Depot, near Gallup, NM, and would terminate in the 
existing restricted areas at the White Sands Missile Range (WSMR), NM. 
Currently, there are no operational over land ranges and few over water 
ranges operated by the United States that provide a realistic 
environment for testing the theater missile defense system. The 
proposed restricted areas would provide airspace to contain the launch, 
ascent, reentry, and impact of missiles and boosters. The areas would 
be designated for joint-use and would be activated only for the minimum 
time needed to safely conduct each test.

DATES: Comments must be received on or before March 15, 1996.

ADDRESSES: Send comments on the proposal in triplicate to: Manager, Air 
Traffic Division, ASW-500 Docket No. 95-ASW-6, Federal Aviation 
Administration, 2601 Meacham Blvd, Fort Worth, TX 76193-0500.
    The official docket may be examined in the Rules Docket, Office of 
the Chief Counsel, Room 916, 800 Independence Avenue SW., Washington, 
DC, weekdays, except Federal holidays, between 8:30 a.m. and 5:00 p.m.
    An informal docket may also be examined during normal business 
hours at the office of the Regional Air Traffic Division.

FOR FURTHER INFORMATION CONTACT: Pete Magarelli, Military Operations 
Program Office (ATM-420), Office of Air Traffic System Management, 
Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC 20591; telephone: (202) 267-7130.

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 are 
specifically invited on the overall regulatory, aeronautical, economic, 
and energy-related aspects of the proposal. Communications should 
identify the airspace docket number and be submitted in triplicate to 
the address listed above. Commenters wishing the FAA to acknowledge 
receipt of their comments on this notice must submit with those 
comments a self-addressed, stamped postcard on which the following 
statement is made: ``Comments to Airspace Docket No. 95-ASW-6.'' The 
postcard will be date/time stamped and returned to the commenter. Send 
comments on environmental and land use aspects to:

(1) U.S. Army Space and Strategic Defense Command, Attention: Mr. 
Dennis R. Gallien, P.O. Box 1500, Huntsville, AL 35807-5027, Telephone 
No. (205) 955-3887

   or

(2) National Range Operations Branch, Attention: Mr. John W. Jensen, 
Building 1530, White Sands Missile Range, NM 88002-5012, Telephone No. 
(505) 678-1121.

    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 notice may be changed in light of 
comments received. All comments submitted will be available for 
examination in the Rules 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 NPRM's

    Any person may obtain a copy of this Notice of Proposed Rulemaking 
(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) 
267-3485. Communications must identify the notice number of this NPRM. 
Persons interested in being placed on a mailing list for future NPRM's 
should also request a copy of Advisory Circular No. 11-2A, which 
describes the application procedure.

The Proposal

    The FAA is proposing an amendment to part 73 of the Federal 
Aviation Regulations (14 CFR part 73) to establish four new restricted 
areas in west/central New Mexico. The proposed restricted areas would 
be designated R-5117, Fort Wingate, NM; R-5119, Socorro, NM; R-5121, 
Fort Wingate, NM; and R-5123, Magdalena, NM. The U.S. Army has proposed 
these areas to accommodate extended range tests needed to validate 
theater missile defense system design and operational effectiveness.
    Proposed Restricted Area R-5117 would be designated at the Fort 
Wingate Army Depot. R-5117 would extend from the surface to unlimited 
altitude to contain the missile launch area. Restricted Area R-5121 
would be designated adjacent to R-5117. R-5121 would extend from FL 200 
to unlimited altitude and would be required to contain the ascent of 
missiles after launch from the Fort Wingate site. R-

[[Page 3885]]
5123 would be designated in order to provide a booster drop zone to 
contain the reentry and impact of missile boosters after launch from R-
5117. R-5123 would extend from the surface to unlimited altitude. R-
5119 would be designated as a missile reentry area. R-5119 would extend 
from FL 350 to unlimited altitude and would be located adjacent to 
existing WSMR restricted airspace. R-5119 would be required to contain 
missiles during that portion of the reentry phase of flight prior to 
the trajectory entering existing WSMR restricted airspace. Missile 
impact would occur in the existing WSMR impact areas.
    When activated, the proposed restricted areas could potentially 
impact nonparticipating aircraft operations along portions of Federal 
airways and jet routes, or on direct flights, in the vicinity of the 
Gallup (GUP), Socorro (ONM), and Truth or Consequences (TCS) 
navigational aids. It is anticipated that the potential impact of the 
restricted areas on nonparticipating aircraft operations would be 
lessened by the limited number of planned test events (6 to 10 per 
year), and a U.S. Army agreement to complete test activity prior to 
9:00 a.m., local time, when the volume of air traffic in the area is 
normally low. In addition, the entire launch through recovery operation 
is designed to take less than 15 minutes total, therefore, it is 
anticipated that the tests would 5 have minimal impact on instrument 
flight rules traffic. It is possible that activation of the proposed 
restricted areas may necessitate rerouting of a few aircraft, however, 
any rerouting should be minimal due to the location, small size, and 
limited activation time requirements of the areas. The two proposed 
restricted areas which would extend from the surface, R-5117 and R-
5123, would be designated over government-controlled tracts of land.
    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. 
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

    This proposal will be subject to an environmental impact analysis 
by the proponent and the FAA prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 73

    Airspace, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 14 CFR part 73 as follows:

PART 73--[AMENDED]

    1. The authority citation for part 73 is revised 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.

    2. Section 73.51 is amended as follows:


Sec. 73.51  [Amended]

R-5117 Fort Wingate, NM [New]

Boundaries. Beginning at lat. 35 deg.25'51''N., long. 
108 deg.30'09''W.; to lat. 35 deg.28'46''N., long. 
108 deg.37'14''W.; to lat. 35 deg.28'46''N., long. 
108 deg.37'39''W.; to lat. 35 deg.21'27''N., long. 
108 deg.36'58''W.; to the point of beginning.
Designated altitudes. Surface to unlimited.
Time of designation. Intermittent by NOTAM 24 hours in advance.
Controlling agency. FAA, Albuquerque ARTCC.
Using agency. Commanding General, White Sands Missile Range, NM.

R-5119 Socorro, NM [New]

Boundaries. Beginning at lat. 33 deg.59'56''N., long. 
106 deg.43'29''W.; to lat. 33 deg.59'51''N., long. 
106 deg.56'27''W.; to lat. 34 deg.08'16''N., long. 
107 deg.05'17''W.; to lat. 34 deg.00'28''N., long. 
107 deg.12'04''W.; to lat. 33 deg.46'04''N., long. 
107 deg.02'38''W.; to lat. 33 deg.26'49''N., long. 
107 deg.02'25''W.; to lat. 33 deg.26'49''N., long. 
107 deg.00'00''W.; to lat. 33 deg.32'44''N., long. 
106 deg.58'47''W.; to lat. 33 deg.54'10''N., long. 
106 deg.46'24''W.; to lat. 33 deg.57'16''N., long. 
106 deg.43'58''W.; to the point of beginning.
Designated altitudes. FL 350 to unlimited.
Time of designation. Intermittent by NOTAM 24 hours in advance.
Controlling agency. FAA, Albuquerque ARTCC.
Using agency. Commanding General, White Sands Missile Range, NM.

R-5121 Fort Wingate, NM [New]

Boundaries. Beginning at lat. 35 deg.25'51''N., long. 
108 deg.30'09''W.; to lat. 35 deg.21'22''N., long. 
108 deg.25'59''W.; to lat. 35 deg.19'18''N., long. 
108 deg.28'10''W.; to lat. 35 deg.17'48''N., long. 
108 deg.31'41''W.; to lat. 35 deg.21'27''N., long. 
108 deg.36'58''W.; to the point of beginning.
Designated altitudes. FL 200 to unlimited.
Time of designation. Intermittent by NOTAM 24 hours in advance.
Controlling agency. FAA, Albuquerque ARTCC.
Using agency. Commanding General, White Sands Missile Range, NM.

R-5123 Magdalena, NM [New]

Boundaries. Beginning at lat. 34 deg.22'30''N., long. 
107 deg.57'00''W.; to lat. 34 deg.25'00''N., long. 
107 deg.49'00''W.; to lat. 34 deg.24'45''N., long. 
107 deg.37'00''W.; to lat. 34 deg.18'00''N., long. 
107 deg.30'00''W.; to lat. 34 deg.15'08''N., long. 
107 deg.37'00''W.; to lat. 34 deg.19'00''N., long. 
107 deg.40'00''W.; to lat. 34 deg.15'08''N., long. 
107 deg.45'20''W.; to lat. 34 deg.14'52''N., long. 
107 deg.44'40''W.; to lat. 34 deg.13'00''N., long. 
107 deg.48'00''W.; to the point of beginning.
Designated altitudes. Surface to unlimited.
Time of designation. Intermittent by NOTAM 24 hours in advance.
Controlling agency. FAA, Albuquerque ARTCC.
Using agency. Commanding General, White Sands Missile Range, NM.

    Issued in Washington, DC, on January 25, 1996.
Harold W. Becker,
Manager, Airspace-Rules and Aeronautical Information Division.
[FR Doc. 96-2273 Filed 2-1-96; 8:45 am]
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