[Federal Register Volume 62, Number 194 (Tuesday, October 7, 1997)]
[Rules and Regulations]
[Pages 52226-52229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26671]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Airspace Docket No. 94-ASO-18]
RIN 2120-AA66


Establishment of Restricted Areas; Camp Lejeune, NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes restricted areas at Camp Lejeune, NC, 
to augment an expansion of the existing Camp Lejeune training range 
facilities. The U.S. Marine Corps (USMC) requested this action in order 
to accommodate the increased training activities required by 
operational units.

EFFECTIVE DATE: 0901 UTC, November 6, 1997.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace and Rules 
Division,

[[Page 52227]]

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

    The USMC requested that the FAA establish restricted areas at Camp 
Lejeune, NC, because the existing facilities do not contain sufficient 
firing ranges, maneuver areas, or impact areas to accommodate the 
expanded, more complex Marine Corps training requirements which have 
evolved in recent years. Two USMC studies documented shortfalls in the 
existing range capabilities. These limitations have precluded Camp 
Lejeune from fulfilling a number of basic Fleet Marine Force training 
requirements. As a result, the USMC has been required to conduct 
periodic, multi-million dollar deployments of personnel and equipment 
to other locations in the United States in order to complete essential 
training events.
    On June 15, 1995, the FAA published a notice of proposed rulemaking 
(NPRM) which proposed to amend 14 CFR part 73 to establish Restricted 
Areas R-5303A, B, and C, and R-5304A, B, and C, at Camp Lejeune, NC (60 
FR 31426).
    Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the proposal to the FAA. Two 
comments were received by the FAA in response to the proposal. The 
Aircraft Owners and Pilots Association objected to the proposal, 
stating that the restricted areas would interfere with general aviation 
aircraft transiting the area and would prevent pilots from using 
Federal Airway V-139 between Wilmington, NC, and New Bern, NC.
    The restricted areas will be managed on a real-time basis to 
minimize impact on nonparticipating aircraft. Cherry Point Approach 
Control will be the designated controlling agency for the restricted 
areas. The approach control has dedicated direct landlines to the Camp 
Lejeune Range Control and has the authority to call an immediate cease 
fire in the event of an aircraft emergency, unauthorized aircraft 
intrusion, or operational necessity. The lowest subareas, R-5303A and 
R-5304A, will be the most frequently used areas. Normally, V-139, above 
7,000 feet mean sea level (MSL), will remain available for transit by 
nonparticipating aircraft. When nonparticipating aircraft on V-139 are 
unable to transit above the restricted area altitudes in use, the range 
activity will either be capped, or a cease fire imposed, to accommodate 
the aircraft on the airway. On occasion, air traffic control (ATC) may 
vector nonparticipating aircraft off the airway to the east of the 
range through Restricted Areas R-5306D and R-5306E, which will be 
deactivated for that purpose.
    The FAA believes that the real-time procedures for the activation 
and deactivation of the airspace should minimize the impact on 
nonparticipating aircraft.
    The North Carolina Department of Transportation (NCDOT) commented 
that the mitigation procedures satisfy its concerns about the impact on 
general aviation and, provided that the range and airspace operations 
are conducted as proposed, the proposal may be the best compromise for 
all airspace users. However, NCDOT expressed concerns about the 
proposal considering the amount of existing special use airspace (SUA) 
in the State, and the impact on V-139. NCDOT suggested that this action 
should be reviewed after the airspace has been operational for some 
time and that, if the real-time procedures do not prove satisfactory, a 
new airway segment should be considered between Wilmington and New Bern 
with an intersection over the Albert J. Ellis Airport, Jacksonville, 
NC. NCDOT further commented that the 6-hour Notices to Airmen (NOTAM) 
time proposed in the time of designation of the restricted areas is too 
short.
    In response to NCDOT's comment, the time requirement for NOTAM 
activation of the restricted areas will be increased from the proposed 
6 hours in advance, to 24 hours in advance. Regarding the impact on V-
139, the FAA believes that the real-time use procedures should minimize 
the impact to aircraft transiting the area or utilizing V-139. As part 
of its annual review of SUA, the FAA will monitor the implementation of 
this rule and the effectiveness of the real-time procedures described 
above. Airspace and/or procedural modifications may be considered in 
the future, if warranted.

The Rule

    This rule amends 14 CFR part 73 by establishing Restricted Areas R-
5303A, B, and C, and R-5304A, B, and C, at Camp Lejeune, NC. The 
restricted areas will overlie a Government-purchased tract of land 
contiguous to Camp Lejeune, known as the Greater Sandy Run Area, and 
will extend from the surface up to but not including Flight Level (FL) 
180. The airspace will be subdivided vertically. The subdivisions will 
be configured as follows: R-5303A and R-5304A extending from the 
surface to but not including 7,000 feet Mean Sea Level (MSL); R-5303B 
and R-5304B extending from 7,000 feet MSL to but not including 10,000 
feet MSL; and R-5303C and R-5304C extending from 10,000 feet MSL to but 
not including FL 180.
    The activities to be conducted in the restricted areas include the 
firing of various surface weapons and air-delivered ordnance 
(helicopters only). No fixed-wing participating aircraft operations 
will be conducted in the restricted areas. Most training activities 
will be conducted in the lowest portion of the restricted areas (i.e., 
R-5303A and R-5304A, below 7,000 feet MSL).
    The time of designation for R-5303A and R-5304A will be 0600 to 
1800 local time, Monday through Friday, with a provision for activation 
at other times by NOTAM at least 24 hours in advance. Restricted Areas 
R-5303B/C and R-5304B/C will be activated by NOTAM at least 24 hours in 
advance when required for training.
    It is estimated that the highest altitude strata of the restricted 
areas will be required approximately 10% of the time. An estimated 75% 
of the total training activities will take place during daylight hours. 
On a yearly basis, it is projected that the restricted areas will be 
used on 30 to 40 weeknights. Training will also be conducted on 30 to 
40 weekend days, which may include additional night-time operations. 
Peak firing periods are expected to occur between the hours of 0800-
1600, Tuesday, Wednesday, and Thursday, with March through October 
projected as the peak firing months.
    The new restricted areas will be configured to maximize training 
flexibility and to facilitate the activation of only those portions of 
the restricted areas actually needed for training operations. When 
activated, the restricted areas may impact the segment of V-139 between 
Wilmington, NC, and New Bern, NC. In order to minimize the impact on 
air traffic utilizing V-139, the restricted areas will be subject to 
real-time activation procedures. The lowest subareas, R-5303A and R-
5304A, will be the most frequently used areas. Normally, V-139, above 
7,000 feet MSL, will remain available for transit by nonparticipating 
aircraft. When nonparticipating aircraft on V-139 are unable to transit 
above the restricted area altitudes in use, the range activity will 
either be capped, or a cease fire imposed, to accommodate the aircraft 
on the airway. On occasion, ATC may vector nonparticipating aircraft 
off the airway to the east of the range through Restricted Areas R-
5306D and R-5306E,

[[Page 52228]]

which will be deactivated for that purpose. These procedures will be 
specified in a joint-use letter of procedure between the using agency 
and the controlling agency. The letter of procedure will include 
provisions to give ATC priority for use of the airspace when necessary 
during periods of severe weather, or emergency situations.
    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.
    Section 73.53 of 14 CFR part 73 was republished in FAA Order 
7400.8D dated July 11, 1996.

Environmental Review

    The USMC issued a final environmental impact statement (EIS) in May 
1991 for the Proposed Expansion and Realignment of the Marine Corps 
Base Camp Lejeune Onslow County, NC. Based upon proximity to the ground 
site for military training and other geographic factors, the USMC 
considered 13 alternatives as potential solutions to accommodate 
training needs at Camp Lejeune. These alternatives included a variety 
of options ranging from maintaining the status quo (no action) to 
relocating of Marine Corps Base Camp Lejeune, as well as increasing 
off-base training. Two airspace alternatives were brought forward for 
further consideration; Alternative One, which is the designation of new 
restricted areas at Camp Lejueune, as described in this rule and the No 
Action Alternative. Alternative One was identified as the 
environmentally preferable alternative in the EIS.
    The No Action Alternative would consist of the continued 
utilization of existing training facilities, with no additional special 
use airspace to contain the increased training activities needed by 
operational units. The No Action Alternative failed to address the 
training deficiencies as identified at Camp Lejeune. Without the 
additional special use airspace, implementation of Marine Battle Skills 
Training would increase training pressures on existing firing ranges 
outside the area of Camp Lejeune. Modern long-range weapons would not 
be accommodated at Camp Lejeune and would continue to be deployed 
elsewhere. The USMC issued a Record of Decision in October 1991 that 
adopted all practicable means to avoid or minimize harm.
    In June 1997, the USMC submitted to the FAA an Addendum to the EIS. 
In August 1997, the FAA completed a written reevaluation of the EIS and 
adopted and recirculated the Addendum and the EIS as final, pursuant to 
40 CFR 1506-3(a) and (b) 62 FR 43730 and 62 FR 44685. After careful and 
thorough consideration of the facts contained herein and following 
consideration of the views of those Federal agencies having 
jurisidiction by law and special expertise with respect to the 
environmental impacts described, the undersigned finds that the 
proposed Federal action is consistent with existing national policies 
and objectives as set forth in section 101 (a) of the National 
Environmental Policy Act of 1969, as amended.
    This final rule constitutes final agency action under 49 USC 46110. 
Any person disclosing a substantial interest in this order may appeal 
the order to the courts of appeal of the United States or the United 
States or the United States Court of Appeals of the District of 
Columbia upon petition, filed within 60 days after the order is issued.

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. 73.53  [Amended]

    2. Section 73.53 is amended as follows:
* * * * *

R-5303A  Camp Lejeune, NC [New]

    Boundaries. Beginning at lat. 34 deg.41'40''N., long. 
77 deg.33'09''W.; to lat. 34 deg.39'16''N., long. 77 deg.28'31''W.; 
to lat. 34 deg.36'51''N., long. 77 deg.29'01''W.; to lat. 
34 deg.36'13''N., long. 77 deg.31'51''W.; to lat. 34 deg.37'03''N., 
long. 77 deg.35'25''W.; to lat. 34 deg.38'49''N., long. 
77 deg.37'31''W.; to the point of beginning.
    Designated altitudes. Surface to but not including 7,000 feet 
MSL, excluding the airspace 1,500 feet AGL and below within a 3NM 
radius of Sky Manor airport.
    Time of designation. 0600-1800 Monday-Friday; other times by 
NOTAM at least 24 hours in advance.
    Controlling agency. USMC, Cherry Point Approach Control.
    Using agency. USMC, Commanding General, U.S. Marine Corps Air 
Station, Cherry Point, NC.

R-5303B  Camp Lejeune, NC [New]

    Boundaries. Beginning at lat. 34 deg.41'40''N., long. 
77 deg.33'09''W.; to lat. 34 deg.39'16''N., long. 77 deg.28'31''W.; 
to lat. 34 deg.36'51''N., long. 77 deg.29'01''W.; to lat. 
34 deg.36'13''N., long. 77 deg.31'51''W.; to lat. 34 deg.37'03''N., 
long. 77 deg.35'25''W.; to lat. 34 deg.38'49''N., long. 
77 deg.37'31''W.; to the point of beginning.
    Designated altitudes. 7,000 feet MSL to but not including 10,000 
feet MSL.
    Time of designation. By NOTAM at least 24 hours in advance.
    Controlling agency. USMC, Cherry Point Approach Control.
    Using agency. USMC, Commanding General, U.S. Marine Corps Air 
Station, Cherry Point, NC.

R-5303C  Camp Lejeune, NC [New]

    Boundaries. Beginning at lat. 34 deg.41'40''N., long. 
77 deg.33'09''W.; to lat. 34 deg.39'16''N., long. 77 deg.28'31''W.; 
to lat. 34 deg.36'51''N., long. 77 deg.29'01''W.; to lat. 
34 deg.36'13''N., long. 77 deg.31'51''W.; to lat. 34 deg.37'03''N., 
long. 77 deg.35'25''W.; to lat. 34 deg.38'49''N., long. 
77 deg.37'31''W.; to the point of beginning.
    Designated altitudes. 10,000 feet MSL to but not including FL 
180.
    Time of designation. By NOTAM at least 24 hours in advance.
    Controlling agency. FAA, Washington ARTCC.
    Using agency. USMC, Commanding General, U.S. Marine Corps Air 
Station, Cherry Point, NC.

R-5304A  Camp Lejeune, NC [New]

    Boundaries. Beginning at lat. 34 deg.37'03''N., long. 
77 deg.35'25''W.; to lat. 34 deg.36'13''N., long. 77 deg.31'51''W.; 
to lat. 34 deg.36'51''N., long. 77 deg.29'01''W.; to lat. 
34 deg.32'16''N., long. 77 deg.30'13''W.; to lat. 34 deg.29'43''N., 
long. 77 deg.35'15''W.; to lat. 34 deg.32'42''N., long. 
77 deg.34'54''W.; to the point of beginning.
    Designated altitudes. Surface to but not including 7,000 feet 
MSL, excluding the airspace 1,500 feet AGL and below within a 3NM 
radius of Holly Ridge airport.
    Time of designation. 0600-1800, Monday-Friday; other times by 
NOTAM at least 24 hours in advance.
    Controlling agency. USMC, Cherry Point Approach Control.
    Using agency. USMC, Commanding General, U.S. Marine Corps Air 
Station, Cherry Point, NC.

R-5304B  Camp Lejeune, NC [New]

    Boundaries. Beginning at lat. 34 deg.37'03''N., long. 
77 deg.35'25''W.; to lat. 34 deg.36'13''N., long. 77 deg.31'51''W.; 
to lat. 34 deg.36'51''N., long. 77 deg.29'01''W.; to lat. 
34 deg.32'16''N., long. 77 deg.30'13''W.; to lat. 34 deg.29'43''N., 
long.

[[Page 52229]]

77 deg.35'15''W.; to lat. 34 deg.32'42''N., long. 77 deg.34'54''W.; 
to the point of beginning.
    Designated altitudes. 7,000 feet MSL to but not including 10,000 
feet MSL.
    Time of designation. By NOTAM at least 24 hours in advance.
    Controlling agency. USMC, Cherry Point Approach Control.
    Using agency. USMC, Commanding General, U.S. Marine Corps Air 
Station, Cherry Point, NC.

R-5304C  Camp Lejeune, NC [New]

    Boundaries. Beginning at lat. 34 deg.37'03''N., long. 
77 deg.35'25''W.; to lat. 34 deg.36'13''N., long. 77 deg.31'51''W.; 
to lat. 34 deg.36'51''N., long. 77 deg.29'01''W.; to lat. 
34 deg.32'16''N., long. 77 deg.30'13''W.; to lat. 34 deg.29'43''N., 
long. 77 deg.35'15''W.; to lat. 34 deg.32'42''N., long. 
77 deg.34'54''W.; to the point of beginning.
    Designated altitudes. 10,000 feet MSL to but not including FL 
180.
    Time of designation. By NOTAM at least 24 hours in advance.
    Controlling agency. FAA, Washington ARTCC.
    Using agency. USMC, Commanding General, U.S. Marine Corps Air 
Station, Cherry Point, NC.
* * * * *
    Issued in Washington, DC, on October 1, 1997.
John S. Walker,
Program Director for Air Traffic Airspace Management.
[FR Doc. 97-26671 Filed 10-6-97; 8:45 am]
BILLING CODE 4910-13-P