[Federal Register Volume 65, Number 78 (Friday, April 21, 2000)]
[Rules and Regulations]
[Pages 21306-21309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10010]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Airspace Docket No. 95-ASW-6]
RIN 2120-AA66


Establishment of Restricted Areas R-5117, R-5119, R-5121 and R-
5123; NM

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes four restricted areas in the West/
Central New Mexico area (Restricted Areas R-5117, and R-5121, Fort 
Wingate, NM; R-5119, Socorro, NM; and R-5123, Magdalena, NM). The FAA 
is taking this action to provide an area for the United States Army (US 
Army), to conduct missile and sensor tests associated with the Theater 
Missile Defense (TMD) system.

EFFECTIVE DATE: 0901 UTC, June 15, 2000.

FOR FURTHER INFORMATION CONTACT: Bill 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 May 15, 1995, the US Army requested that the FAA establish four 
restricted areas in West/Central New Mexico to support the US Army 
Tactical Missile System projects.

[[Page 21307]]

    On February 2, 1996, the FAA published in the Federal Register a 
notice proposing to establish four restricted areas in West/Central, 
New Mexico (61 FR 3884). Interested parties were invited to participate 
in this rulemaking effort by submitting written comments on the 
proposal. In response to the notice, the FAA received comments from New 
Mexico Tech (Langmuir Laboratory for Atmospheric Research) and the 
Aircraft Owners and Pilots Association (AOPA). Comments received were 
considered before making a determination on this final rule. An 
analysis of the comments received and the FAA's responses are 
summarized below.

Discussion of Comments

    New Mexico Tech commented on proposed R-5119. It stated that it 
currently uses R-5113 for thunderstorm research. Thus, it believes that 
R-5119 should not have an adverse effect on R-5113 provided (1) the US 
Army completes its test activity by 9:00 a.m., local time and (2) the 
designated altitude of R-5119 does not extend below FL 350.
    The FAA finds that the restricted airspace will not adversely 
effect New Mexico Tech's thunderstorm research in R-5113. The 
operational limits of the two restricted areas are as follows: R-5113 
is designated as the airspace from the surface to 45,000 feet mean sea 
level (MSL); and R-5119 is designated as the airspace from FL 350 to 
unlimited altitude. Due to the design of R-5119 a portion of R-5113 
geographically overlaps R-5119's upper northwestern area. However, the 
high operational altitude of the test missiles transiting R-5119 make 
it unlikely that a trespass will occur in the upper limit of R-5113 at 
45,000 feet MSL as the test missiles over-fly R-5113 in descent to the 
adjacent White Sands Missile Range (WSMR). After careful and thorough 
consideration of the facts presented by the US Army, the FAA believes 
this final rule has little, if any, impact on the research activities 
of New Mexico Tech.
    The AOPA expressed concerns that the TMD program poses a 
significant hazard to general aviation (GA) operations and that the 
proposed restricted areas will require GA pilots to circumnavigate the 
areas. AOPA believes that increased restrictions on airspace are not an 
efficient use of airspace, will result in increased fuel costs and will 
cause unnecessary changes to planned routes of flight. Additionally, as 
part of its comment, AOPA asked what plan, if any, is in place to 
protect nonparticipating aircraft from missiles that malfunction and 
deviate from the planned trajectory. Further, AOPA believes that all 
alternatives must be explored prior to the establishment of Special Use 
Airspace (SUA).
    The US Army Space and Strategic Defense Command and the WSMR 
analyst have conducted extensive research studying flight profiles of 
target and defense missiles. An analysis of this research data led to 
the development of launch hazard areas (e.g. booster drop zones, 
intercept debris impact zones) and intact target vehicle and defensive 
missile impact zones. Based on the analysis, the four restricted areas 
were identified to segregate these potentially hazardous activities 
from nonparticipating aircraft.
    Prior to each test missile launch, range personnel will conduct 
impact area analysis based on detailed launch planning and trajectory 
modeling. Test missile launches will be conducted only when the impact 
area analysis confirms that flight vehicles and debris would be 
contained within the predetermined areas. However, to further reduce 
risk and lessen any potential impact on civil or GA aviation, the US 
Army has agreed to (1) schedule testing to conclude by 9:00 a.m., local 
time, when the volume of air traffic is normally low and, (2) limit the 
number of tests per year (estimated at 6 to 10 per year). Though it is 
anticipated to remain limited, in the interest of national security the 
test program number, as published in the notice, may be exceeded. 
Further, each test from launch to impact is designed to take less than 
15 minutes.
    It is important to note that, in the past, the US Army has employed 
successfully the boosters to be used on the test missiles and the 
boosters are considered highly reliable in the terms of safety and 
predictability. Therefore, the FAA finds that the chances of a test 
missile flight failure during launch through impact is considered 
remote. However, the US Army has established safety procedures in the 
event of such a failure.
    The US Army categorizes termination into three potential mishap 
areas: (1) On the launcher; (2) flight shortly after liftoff; and (3) 
flight after exiting the launch site. R-5117 and R-5121 are designed to 
contain the first two potential mishap categories. In the event of an 
exceptional circumstance such as a missile malfunction, the Range 
Safety Officer determines the safest point to initiate missile 
termination. This point is determined by real time performance data 
collected form a variety of instruments (e.g. telemetry, radar, 
computer, etc.). This data provides information on missile location and 
the point of debris impact at points along the trajectory to the 
planned impact in WSMR. Due to the high altitudes at which the test 
missiles navigate, the FAA has found that it is unlikely that a missile 
malfunction and subsequent termination outside of the designated 
restricted area will make the airspace underlying the missile flight 
path unsafe.
    The US Army identified the minimum required airspace to contain the 
theater missile defense test operations in the national airspace 
system. Although the US Army has attempted to mitigate the impacts on 
civil operations by limiting the number, time of day, and flight time 
of the missile, some aircraft operations may be effected when the 
restricted areas are activated. However, during a standard 12-hour 
flying day, the limits and procedures established by the US Army will 
allow flight through the published restricted areas over 99 percent of 
the time. The FAA will activate the restricted airspace through a 
Notice to Airman (NOTAM) and will provide 24 hours of notice prior to 
activation. If a NOTAM is not published, aircraft may navigate through 
charted restricted areas, without concern. Therefore, there should be 
little, if any, impact on aircraft operations.
    Charting permanent restricted areas on aeronautical charts provides 
users of the navigable airspace important information concerning 
potential flight hazards. The legend on the aeronautical chart reflects 
these areas as active ``By NOTAM, 24 Hours in Advance.'' Charting of 
the restricted airspace together with the use of the NOTAM system to 
publicize the effective date and activation times of restricted areas, 
remain the most efficient means to notify the flying public and 
segregate these potentially hazardous activities from GA operations.

The Rule

    This amendment to 14 CFR part 73 establishes four restricted areas 
in West/Central New Mexico. Specifically, this action establishes four 
restricted areas: R-5117 and R-5121, Fort Wingate, NM; R-5119, Socorro, 
NM; and R-5123, Magdalena, NM. These restricted areas will provide an 
area for the US Army and designated joint-use agencies, to conduct 
tests to validate the TMD system design and operational effectiveness. 
Under the test program, missile launches will be conducted from Fort 
Wingate Army Depot, near Gallup, NM, and will terminate in the existing 
restricted area of the WSMR, NM. The FAA is taking this action to 
provide the

[[Page 21308]]

US Army SUA in support of the TMD testing program.
    R-5117 is designated as the launch site and is located at Fort 
Wingate Army Depot, NM, southeast of Gallup, NM. R-5117 extends from 
the surface to unlimited altitude and contains the missile launch area. 
It overlies government-controlled land. R-5121 is designated adjacent 
to R-5117, and extends from FL 200 to unlimited altitude and contains 
missile ascent after the initial launch.
    R-5123, located at Cibola National Forest, Magdalena, NM, extends 
from the surface to unlimited altitude and provides a booster drop zone 
to contain reentry and impact of missile boosters after launch from R-
5117. R-5123 also overlies government-controlled land.
    R-5119 is designated as a missile reentry and planned termination 
area in the existing R-5107 within the WSMR. R-5119 extends from FL 350 
to unlimited altitude and is adjacent to the existing WSMR.
    When activated, the restricted areas may impact visual flight rules 
(VFR) and/or instrument flight rules (IFR) aircraft operations, along 
the vicinity of the Gallup (GUP), Socorro (ONM) and Truth or 
Consequences (TCS) navigational aids because of the necessity to 
reroute planned flight routes due to TMD testing. However, the 
potential impact is significantly reduced by the limited number of 
planned test events (6 to 10 a year) anticipated, the short duration of 
activity (15 minutes total) and the notification and coordination 
procedures in place. Additionally, the US Army has agreed to complete 
test activity prior to 9:00 a.m., local time, when the volume of air 
traffic in the area is normally low. Except for editorial changes, this 
amendment is the same as that proposed in the notice. Section 73.51 of 
part 73 was republished in FAA Order 7400.8G dated September 1, 1999.
    This regulation is limited to 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 it has been determined that 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 Defense, Ballistic Missile Defense Organization 
(BMDO), issued the Theater Missile Defense Extended Test Range Final 
Environmental Impact Statement (EIS) in November 1994. Cooperating 
agencies for the EIS included the U.S. Air Force, Navy, US Army, and 
the FAA.
    Initially, eleven candidate test range areas were considered for 
TMD extended-range testing. Seven of these alternatives were eliminated 
from further study due to inadequate features, such as lack of required 
instrumentation, absence of target launch land sites, prohibitive cold 
weather, unacceptable schedule delays, and inadequate land area for 
interceptor deployment. Four alternatives were retained for further 
consideration. Extended range testing was considered at WSMR, NM, Eglin 
Air Force Base, FL, Western Range, CA, and Kwajalein Missile Range, 
Republic of the Marshall Islands. The Western Range alternative was 
rejected because of soil erosion considerations and the costs of 
preparing the impact area for analysis. The Eglin Air Force Base and 
Kwajalein alternatives were rejected because testing would be limited 
to ocean impacts. Additionally, testing at Kwajalein posed technical 
difficulties and additional costs. Thus, the US Army has determined 
that extended range testing at WSMR is the preferred location as 
described in this rule because there are no impacts to wilderness study 
areas, recreation areas, national monuments and nesting and breading 
seasons of sensitive species. The selection of WSMR included two off-
range missile launch alternatives; Fort Wingate Army Depot, NM, and the 
Green River Launch Complex, UT. The US Army selected the Fort Wingate 
Army Depot as the launch site.
    The No Action Alternative would consist of the continuation of 
ongoing activities and operations at the four locations considered. The 
development of ground-based TMD missile and sensor systems would 
continue, with missile flight tests and target intercepts being 
conducted utilizing existing test ranges. No construction and 
operations for missile launch programs at the remote launch locations 
or use of sea launch capabilities would be conducted to support these 
types of ground-based TMD system tests. Test and training area 
restrictions, particularly on shorter-range missile flights conducted 
at WSMR, prohibited full validation of system design and operational 
effectiveness in realistic theater environments. As a result, the no 
action alternative was eliminated as a prudent and feasible alternative 
because it did not satisfy the mandatory requirements identified by the 
BMDO as necessary to fulfill its TMD program needs. The BMDO issued a 
Record of Decision in March 1995 that adopted all practicable means to 
avoid or minimize harm.
    In February 2000, the FAA completed a written reevaluation of the 
EIS. The FAA adopted the EIS as final, pursuant to 40 CFR 1506.3(c) 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 jurisdiction by law and 
special expertise with respect to the environmental impacts described, 
the undersigned finds that this Federal action is consistent with 
existing national policies and objectives as set forth in section 
101(a) of the National Environmental Policy Act of 1959, 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 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. 73.51  [Amended]

    2. Sec. 73.51 is amended as follows:
* * * * *

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.

[[Page 21309]]

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  Ft. 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 April 14, 2000.
Reginald C. Matthews,
Manager, Airspace and Rules Division.
[FR Doc. 00-10010 Filed 4-20-00; 8:45 am]
BILLING CODE 4910-13-P