[Federal Register Volume 66, Number 209 (Monday, October 29, 2001)]
[Rules and Regulations]
[Pages 54435-54436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27159]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2001-8683; Airspace Docket No. 01-ASW-2]
RIN 2120-AA66


Modification of Restricted Area R-6312 Cotulla, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action raises the upper limit of Restricted Area 6312 (R-
6312) Cotulla, TX, from the current 12,000 feet above mean sea level 
(MSL) to Flight Level 230 (FL 230) to provide airspace for high 
altitude release bombing training. This rule makes no other changes to 
R-6312.

EFFECTIVE DATE: 0901 UTC, December 27, 2001.

FOR FURTHER INFORMATION CONTACT: Steve Rohring, 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 April 5, 2001, the FAA proposed (66 FR 18055) to amend 14 CFR 
part 73 to increase the vertical limits of R-6312 from 12,000 feet 
above MSL to FL 230. The FAA took this action in response to a request 
from the U.S. Navy indicating that current upper limit of R-6312 
(12,000 feet above MSL) is not suitable for their training 
requirements. Specifically, altitudes up to FL230 are essential to 
fulfill their requirement to conduct high altitude release bombing 
training. Interested parties were invited to participate in this 
rulemaking proceeding by submitting written comments on this proposal 
to the FAA.

Discussion of Comment

    In response to the Notice of Proposed Rule-making, the FAA received 
one comment in opposition to the change. The commenter indicated that 
the proposed increase to the ceiling from 12,000 feet MSL to FL 230 
would cause visual flight rules (VFR) operations transiting the area to 
circumnavigate the restricted area. They requested an increase in the 
height of the east/west corridor through the restricted area from 
1,000-feet AGL to 4,500 feet MSL to preclude the compression of 
transiting VFR aircraft into the corridor. The FAA disagrees with this 
comment because the predominant flow of VFR traffic in the area is 
north to south and visa versa. The affected aircraft would be higher 
than 12,000 feet and would not be likely to descend to 4,500 feet and 
circle to the east or west to pass through the east/west corridor 
rather than flying approximately 10nm to circumnavigate the restricted 
area. Further, increasing the height of the corridor would have a 
significant negative impact on military training without a significant 
benefit to civil VFR traffic in that it would prohibit low altitude 
awareness training.
    Additionally, the commenter requests that the controlling agency's 
contact frequency be published in the tabular portion of the sectional 
aeronautical chart. The FAA agrees that it would be beneficial to 
display the contact frequency on the chart and will publish the contact 
frequency either in the tabular area or on the face of the sectional 
aeronautical chart.

The Rule

    This amendment to 14 CFR part 73 raises the vertical limits of R-
6312 from 12,000 feet above MSL to FL 230. This additional altitude is 
required in order to meet the Navy's requirement for high altitude 
release bombing training. No other change to R-6312 is made by this 
action. Section 73.63 of 14 CFR part 73 was republished in FAA Order 
7400.8H, dated September 1, 2000.
    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 United States Navy (USN) determined that this amendment of the 
restricted area's designated altitude qualifies for a categorical 
exclusion. The FAA has reviewed the USN's environmental documentation 
and concludes that this action is

[[Page 54436]]

categorically excluded in accordance with FAA Order 1050.1D, Procedures 
for Handling Environmental Impacts, and the FAA/DOD Memorandum of 
Understanding of 1998 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.


Section 73.63  [Amended]

    2. Section 73.63 is amended as follows:
* * * * *

R-6312 Cotulla, TX  [Amended]

    By removing the current designated altitudes and substituting 
the following:
    Designated altitudes. Surface to FL 230, excluding the area west 
of a line between lat. 28 deg.'141" N., long. 98 deg.47'56" W.; and 
lat. 28 deg.11'56" N., long. 98 deg.48'01" W.; and the area along 
Highway 624 extending \1/4\ mile each side where the floor is 1,000 
feet AGL.
* * * * *

    Issued in Washington, DC, on October 19, 2001.
Reginald C. Matthews,
Manager, Airspace and Rules Division.
[FR Doc. 01-27159 Filed 10-26-01; 8:45 am]
BILLING CODE 4910-13-P