[Federal Register Volume 64, Number 19 (Friday, January 29, 1999)]
[Rules and Regulations]
[Pages 4534-4535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2136]
[[Page 4534]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Airspace Docket No. 96-ASW-40]
RIN 2120-AA66
Amendments to Restricted Areas 5601D and 5601E; Fort Sill, OK
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action raises the upper limit of Restricted Area 5601D
(R-5601D) from the current 16,500 feet mean sea level (MSL) to Flight
Level (FL) 400. Additionally, this action amends the times and days of
designation for R-5601D and R-5601E when these areas may be activated
without a prior issuance of a Notice to Airmen (NOTAM). These changes
are necessary to accommodate high altitude/high angle bomb delivery
training and to support weekday and night flying requirements.
EFFECTIVE DATE: 0901 UTC, March 25, 1999.
FOR FURTHER INFORMATION CONTACT: Bil Nelson, 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:
History
On November 10, 1997, the FAA proposed to amend 14 CFR part 73 to
raise the upper limit of R-5601D and to expand the times and change the
days of designation for R-5601D and R-5601E (62 FR 60463). Interested
parties were invited to participate in this rulemaking proceeding by
submitting written comments on the proposal to the FAA. No comments
were received. Except for editorial changes, this amendment is the same
as that proposed in the notice. Section 73.56 of part 73 was
republished in FAA Order 7400.8F dated October 27, 1998.
The Rule
This amendment to 14 CFR part 73 raises the upper limit of R-5601D
from the current 16,500 feet MSL to FL 400. The United States Air Force
(USAF) requested this change to R-5601D in order to contain high-
altitude jet aircraft bombing patterns in the Falcon Range target area
located in R-5601C. Although R-5601C airspace extends to FL 400, there
is not enough maneuvering airspace to allow jet aircraft to climb to
the required delivery altitudes before final approach into the target
area. Raising the upper limit of R-5601D to FL 400 will alleviate this
airspace problem and allow for quality high altitude/high angle bomb
delivery training, a USAF pilot requirement for ``mission ready''
status.
Additionally, this rule expands the times of designation and days
of operation for R-5601D and R-5601E from the current ``Sunrise to
sunset, Tuesday through Saturday; other times by NOTAM'' to ``Sunrise
to 2200, Monday-Friday; other times by NOTAM.'' This expansion in the
time of designation is necessary to accommodate a change in flying
requirements by both the 301st Fighter Wing, Carswell Field, TX, and
the 88th Training Wing at Sheppard AFB, TX. Although there will still
be occasional weekend flying, most activity will occur during weekdays.
The extension of flying times beyond sunset is necessary due to the
USAF training requirement to fly night sorties. This action will not
alter the horizontal boundaries or the designated purpose of the
restricted areas.
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.
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
The Department of the Army, with the concurrence of the Department
of the Air Force, has requested that this airspace action be excluded
from requirements for an Environmental Impact Statement and finding of
no significant impact under Categorical Exclusion (CATEX) 2.3.35. The
FAA considered the applicability of CATEX 2.3.35 to this action under
the terms of the Memorandum of Understanding between the FAA and the
Department of Defense (DOD), executed on January 26, 1998. The FAA also
considered whether FAA CATEX 3(c) applies to this action, FAA Order
1050.1D, App.3, Para.3(c).
The DOD's CATEX 2.3.35 excludes all military training routes for
subsonic operations that have a base altitude of 3,000 feet above
ground level (AGL) or higher. This action raises the altitude of the
area from 16,000 feet AGL to FL 400. Additionally, no extraordinary
circumstances exist that warrant the preparation of an environmental
assessment. The requirements for CATEX 2.3.35 are therefore satisfied
because the proposed changes would affect altitudes above 3,000 feet
AGL.
In addition, FAA CATEX 3(c) applies to this action because it
involves the minor adjustment of raising an altitude in special use
airspace. This action raises the vertical boundaries of the affected
airspace but does not alter the horizontal boundaries, nor does it
change the frequency of activity conducted within the restricted areas
for the designated purpose. Therefore, the FAA has determined that this
action qualifies for CATEX 3(c) in accordance with FAA Order 1050.1D,
``Policies and Procedures for Considering Environmental Impacts.''
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. 73.56 [Amended]
2. Section 73.56 is amended as follows:
* * * * *
R-5601D Fort Sill, OK [Amended]
By removing the current ``Designated altitudes. 500 feet AGL to
16,500 feet MSL'' and substituting ``Designated altitudes. 500 feet
AGL to FL 400'' and also by removing ``Time of designation. Sunrise
to sunset, Tuesday through Saturday; other times by NOTAM'' and
substituting ``Time of designation. Sunrise to 2200, Monday through
Friday; other times by NOTAM.''
R-5601E Fort Sill, OK [Amended]
By removing the current ``Time of designation. Sunrise to
sunset, Tuesday through Saturday; other times by NOTAM'' and
substituting ``Time of designation. Sunrise to 2200, Monday through
Friday; other times by NOTAM.''
* * * * *
[[Page 4535]]
Issued in Washington, DC, on January 25, 1999.
Reginald C. Matthews,
Acting Program Director for Air Traffic Airspace Management.
[FR Doc. 99-2136 Filed 1-28-99; 8:45 am]
BILLING CODE 4910-13-P