[Federal Register Volume 62, Number 247 (Wednesday, December 24, 1997)]
[Rules and Regulations]
[Pages 67268-67269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33617]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Airspace Docket No. 96-ASO-5]
RIN 2120-AA66


Amendment to Time of Designation for Restricted Areas; GA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action amends the time of designation for Restricted 
Areas R-3008A, R-3008B, R-3008C, and R-3008D, Grand Bay Weapons Range, 
GA, by expanding the time frame during which the areas may be activated 
without prior issuance of a Notice to Airmen (NOTAM). The United States 
Air Force (USAF) requested this amendment to reflect its actual night 
flying requirements.

EFFECTIVE DATE: 0901 UTC, February 26, 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 August 30, 1996, the FAA proposed to amend 14 CFR part 73 (part 
73) to change the core hours of designation for Restricted Areas R-
3008A, R-3008B, R-3008C, and R-3008D, Grand Bay Weapons Range, GA, from 
0700-1900 local time, Monday-Friday to 0700-2200 local time, Monday-
Friday (61 FR 45920).
    Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the proposal. Two comments 
were received by the FAA, both objecting to the proposal on the grounds 
that the change would constitute an expansion of military operations 
and a reduction of access for civil airspace users. Currently, the 
using agency has the option of activating the restricted areas at any 
time outside the existing ``core hours'' of 0700-1900 local time, 
provided a NOTAM is issued the required 6 hours in advance. The current 
published times, however, do not adequately reflect the actual night 
flying mission of the USAF 347th Wing. This change is intended to 
better accommodate the Wing's actual night flying requirements. No 
increase in the use of the range is anticipated. Therefore, the purpose 
of this rule is to amend the time of designation to more accurately 
indicate to the flying public the actual use of the restricted areas. A 
NOTAM will still be required in order to activate the restricted areas 
between the hours of 2200 and 0700 local time.
    Despite this change, the restricted areas will continue to be 
operated on a real-time, joint-use basis with the airspace being 
returned to the controlling agency (Valdosta Approach Control) and 
available for access by nonparticipating aircraft during periods when 
the restricted areas are not needed by the using agency.

The Rule

    This amendment to part 73 changes the core hours of designation for 
Restricted Areas R-3008A, R-3008B, R-3008C, and R-3008D from 0700-1900 
local time, Monday-Friday to 0700-2200 local time, Monday-Friday. The 
action expands, by three hours daily, the ``core hours'' during which 
the restricted areas may be activated without prior issuance of a 
NOTAM. As amended, a NOTAM will no longer be required for activation of 
the restricted areas between 1900 and 2200 local time. The using agency 
currently has the option of activating the restricted areas between 
1900 and 0700 local time provided a NOTAM is issued the required 6 
hours in advance. However, the 347th Wing's night flying missions using 
R-3008 routinely extend past 1900 local time, but are normally 
terminated by 2200 local time. This requires the daily issuance of 
NOTAM's to permit activation of the areas between 1900 and 2200. This 
amendment of the time of designation will provide better notice to the 
flying public of the routine times of use of the restricted areas. A 
NOTAM will still be required prior to any usage between 2200 and 0700 
local time.
    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 73.30 of 14 CFR part 73 was republished in FAA Order 
7400.8E, dated November 7, 1997.

Environmental Review

    The USAF prepared an Environmental Assessment (EA) and an 
Environmental Impact Statement (EIS) of the composite wing beddown at 
Moody AFB, Georgia. The EA and EIS studied the impact of aircraft 
operations during both day (0700-2200) and night (2200-0700) time 
frames, including the use of R-3008A, R-3008B, R-3008C, and R-3008D. 
The USAF's record of decision to base the composite wing at Moody AFB 
took into account the use of R-3008 between 1900 and 2200, and 
concluded that use of the restricted areas during this time frame did 
not constitute a significant impact. The utilization figures for this 
amendment are the same as those used in the EIS for the beddown. Based 
on the results of the EA and EIS accomplished for the composite wing 
beddown, the USAF determined that this amendment to the restricted area 
time of designation qualifies for a categorical exclusion. The FAA has 
reviewed the USAF's environmental documentation and concludes that this 
action is categorically excluded in accordance with FAA Order 1050.1D 
and the FAA/DOD Memorandum of Understanding of 1989 regarding Special 
Use Airspace actions.

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. 73.30  [Amended]

    2. Sec. 73.30 is amended as follows:
* * * * *

[[Page 67269]]

R-3008A  Grand Bay Weapons Range, GA [Amended]

    By removing ``Time of designation. 0700-1900 local time, Monday-
Friday; other times by NOTAM 6 hours in advance,'' and inserting 
``Time of designation. 0700-2200 local time, Monday-Friday; other 
times by NOTAM 6 hours in advance.''

R-3008B  Grand Bay Weapons Range, GA [Amended]

    By removing ``Time of designation. 0700-1900 local time, Monday-
Friday; other times by NOTAM 6 hours in advance,'' and inserting 
``Time of designation. 0700-2200 local time, Monday-Friday; other 
times by NOTAM 6 hours in advance.''

R-3008C  Grand Bay Weapons Range, GA [Amended]

    By removing ``Time of designation. 0700-1900 local time, Monday-
Friday; other times by NOTAM 6 hours in advance,'' and inserting 
``Time of designation. 0700-2200 local time, Monday-Friday; other 
times by NOTAM 6 hours in advance.''

R-3008D  Grand Bay Weapons Range, GA [Amended]

    By removing ``Time of designation. 0700-1900 local time, Monday-
Friday; other times by NOTAM 6 hours in advance,'' and inserting 
``Time of designation. 0700-2200 local time, Monday-Friday; other 
times by NOTAM 6 hours in advance.''
* * * * *
    Issued in Washington, DC, on December 4, 1997.
Reginald C. Matthews,
Acting Program Director for Air Traffic Airspace Management.
[FR Doc. 97-33617 Filed 12-23-97; 8:45 am]
BILLING CODE 4910-13-P