[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