[Federal Register Volume 68, Number 157 (Thursday, August 14, 2003)]
[Proposed Rules]
[Pages 48579-48581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20772]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2003-13850; Airspace Docket No. 02-AEA-19]
RIN 2120-AA66


Proposed Amendment of Restricted Areas R-5802A and B; and 
Establishment of Restricted Areas R-5802C, D, and E, Fort Indiantown 
Gap, PA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to expand the dimensions, and increase 
the time of designation, of the restricted airspace at the Fort 
Indiantown Gap Military Reservation, PA. This proposed action would 
convert the existing Kiowa Military Operations Area (MOA) to restricted 
airspace and would establish three new restricted areas: R-5802C, D, 
and E. This action would raise the ceiling of restricted airspace at 
Fort Indiantown Gap from the current 13,000 feet above mean sea level 
(MSL) to Flight Level 250 (FL 250). In addition, this action would 
change the name of the using agency for the restricted areas. The 
current restricted airspace at Fort Indiantown Gap is too small to 
allow aircrew training in weapons delivery tactics that are used in a 
high anti-aircraft threat environment. The expanded restricted airspace 
is needed to conduct realistic aircrew training and to maintain the 
level of proficiency in modern tactics that is required for combat 
readiness.

DATES: Comments must be received on or before September 29, 2003.

ADDRESSES: Send comments on this proposal to the Docket Management 
System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh 
Street, SW., Washington, DC 20590-0001. You must identify both docket 
numbers, FAA-2003-13850/Airspace Docket No. 02-AEA-19 at the beginning 
of your comments.
    You may also submit comments through the Internet to http://dms.dot.gov. You may review the public docket containing the proposal, 
any comments received, and any final disposition in person in the 
Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The Dockets Office (telephone 1-800-647-5527) is on 
the plaza level of the NASSIF Building at the Department of 
Transportation at the above address.
    An informal docket may also be examined during normal business 
hours at the office of the Regional Air Traffic Division, Federal 
Aviation Administration, 1 Aviation Plaza, Jamaica, NY 11434.

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:

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments as they 
may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal. 
Communications should identify both docket numbers and be submitted in 
triplicate to the address listed above. Commenters wishing the FAA to 
acknowledge receipt of their comments on this notice must submit with 
those comments a self-addressed, stamped postcard on which the 
following statement is made: ``Comments to Docket Nos. FAA-2003-13850/
Airspace Docket No. 02-AEA-19.'' The postcard will be date/time stamped 
and returned to the commenter. Send comments on

[[Page 48580]]

environmental and land use aspects to: National Guard Bureau, NGB/CEVP, 
1411 Jefferson Davis Highway, Arlington, VA 22202-3231. All 
communications received on or before the specified closing date for 
comments will be considered before taking action on the proposed rule. 
The proposal contained in this notice may be changed in light of 
comments received. All comments submitted will be available for 
examination in the Rules Docket both before and after the closing date 
for comments. A report summarizing each substantive public contact with 
FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRM's

    An electronic copy of this document may be downloaded from the FAA 
regulations section of the Fedworld electronic bulletin board service 
(telephone: 703-321-3339) or the Federal Register's electronic bulletin 
board service (telephone: 202-512-1661) using a modem and suitable 
communications software.
    Internet users may reach the FAA's web page at http://www.faa.gov 
or the Federal Register's web page at http://www.access.gpo.gov/nara 
for access to recently published rulemaking documents.
    Any person may also obtain a copy of this NPRM by submitting a 
request to the FAA, Office of Air Traffic Airspace Management, ATA-400, 
800 Independence Avenue, SW., Washington, DC 20591, or by calling (202) 
267-8783. Communications must identify both docket numbers of this 
NPRM. Persons interested in being placed on a mailing list for future 
NPRM's should call the FAA, Office of Rulemaking, (202) 267-9677, to 
request a copy of Advisory Circular No. 11-2A, which describes the 
application procedure.

Background

    The airspace at the Fort Indiantown Gap Military Reservation 
currently consists of two small restricted areas and one MOA. A MOA is 
a type of nonregulatory special use airspace designated by the FAA to 
contain certain nonhazardous military flying activities, such as air 
combat maneuvers, low altitude tactics, etc.
    The existing restricted areas at Fort Indiantown Gap are: R-5802A, 
extending from 200 feet above ground level (AGL) to 5,000 feet MSL; and 
R-5802B, extending from the surface up to 13,000 feet MSL. The Kiowa 
MOA lies adjacent to the restricted areas and extends from 500 feet AGL 
up to 13,000 feet MSL. These airspace areas are also referred to as the 
Bollen Range.
    Due to its small lateral and vertical dimensions, the Bollen Range 
cannot be used for High Altitude Dive Bomb training and other training 
events such as lights-out tactics and use of targeting laser systems.

The Proposal

    The FAA is considering an amendment to 14 CFR part 73 to expand the 
size, and increase the time of designation, of the restricted airspace 
at the Bollen Range, Fort Indiantown Gap, PA. With this amendment, the 
existing lateral and vertical limits of Restricted Areas R-5802A and R-
5802B would remain unchanged, but the time of designation for the two 
areas would be changed to read ``Daily, sunrise to 2200.''
    A new restricted area, R-5802C, would be established consisting 
primarily of that airspace currently designated as the Kiowa MOA. The 
Kiowa MOA designation would be revoked. Restricted Area R-5802C would 
extend from 500 feet AGL up to 17,000 feet MSL.
    Another new restricted area, R-5802D, would be designated from 
17,000 feet MSL to but not including FL 220. Restricted Area R-5802D 
would overlie Restricted Areas R-5802A, B, and C.
    Additionally, a new restricted area, R-5802E, would be designated 
extending from FL 220 to FL 250. Restricted Area R-5802E would be 
defined using the same northern and eastern boundaries as Restricted 
Area R-5802D, but the south and west boundaries of Restricted Area R-
5802E would extend an additional 4 nautical miles beyond the 
corresponding boundaries of Restricted Area R-5802D.
    This proposal would change the time of designation for all Bollen 
Range airspace from the current ``February 15 through May 10 and 
September 1 through December 15, 0800-2300 local time on Saturdays and 
0800-1200 local time on Sundays; May 11 through August 31, 0800-2400 
local time on Saturdays and 0800-2000 local time on all other days; 
other times by NOTAM issued at least 48 hours in advance,'' to ``Daily, 
sunrise to 2200.'' This change would increase the available hours that 
the Range could be scheduled for use. The restricted areas would be 
available for joint-use. This means that the restricted areas would be 
scheduled only when needed for training, and would be available for 
transit by non-participating aircraft when not in use.
    This action also proposes to change the name of the using agency of 
the Bollen Range airspace from ``Commander, Fort Indiantown Gap, 
Annville, PA,'' to ``ANG, 193rd SOW, Det 1, Fort Indiantown Gap 
Military Reservation, PA.''
    The Air National Guard has proposed these changes because the 
restricted airspace existing at Bollen Range is too small to permit 
essential aircrew training in the tactics used in recent real-world 
engagements. The current 13,000-foot MSL upper limit of the Range is 
not sufficient to satisfy high altitude weapons release training 
requirements. Also, the current lateral dimensions do not provide 
sufficient restricted airspace to contain required maneuvering, lights-
out training, or the use of targeting laser systems.
    Section 73.58 of 14 CFR part 73 was republished in FAA Order 
7400.8K, dated September 26, 2002. The coordinates for this airspace 
action are based on North American Datum of 1983.
    The FAA has determined that this proposed regulation only involves 
an established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
Therefore, this proposed 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 proposed 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

    This proposal will be subjected to the appropriate environmental 
analysis in accordance with FAA Order 1050.1D, Policies and Procedures 
for Considering Environmental Impacts, prior to any FAA final 
regulatory action.

List of Subjects in 14 CFR Part 73

    Airspace, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 14 CFR part 73 as follows:

PART 73--SPECIAL USE AIRSPACE

    1. The authority citation for part 73 continues to read as follows:

[[Page 48581]]


    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.


Sec.  73.58  [Amended]

    2. Sec.  73.58 is amended as follows:
* * * * *

R-5802A Fort Indiantown Gap, PA [Amended]

    By removing the current ``Time of Designation'' and ``Using 
agency'' and substituting ``Time of Designation. Daily, sunrise to 
2200'' and ``Using agency. ANG, 193rd SOW, Det 1, Fort Indiantown 
Gap Military Reservation, PA.''

R-5802B Fort Indiantown Gap, PA [Amended]

    By removing the current ``Time of Designation'' and ``Using 
agency'' and substituting ``Time of Designation. Daily, sunrise to 
2200.'' and ``Using agency. ANG, 193rd SOW, Det 1, Fort Indiantown 
Gap Military Reservation, PA.''

R-5802C Fort Indiantown Gap, PA [New]

    Boundaries. Beginning at lat. 40[deg]23'24'' N., long. 
76[deg]43'34'' W.; to lat. 40[deg]25'06'' N., long. 76[deg]44'47'' 
W.; to lat. 40[deg]28'00'' N., long. 76[deg]46'59'' W.; to lat. 
40[deg]29'42'' N., long. 76[deg]42'59'' W.; to lat. 40[deg]29'31'' 
N., long. 76[deg]39'07'' W.; to lat. 40[deg]28'31'' N., long. 
76[deg]36'21'' W.; to lat. 40[deg]27'13'' N., long. 76[deg]35'13'' 
W.; to lat. 40[deg]26'18'' N., long. 76[deg]36'40'' W.; thence to 
point of beginning.
    Designated altitudes. 500 feet AGL to but not including 17,000 
feet MSL.
    Time of designation. Daily, sunrise to 2200.
    Controlling agency. FAA, New York ARTCC.
    Using agency. ANG, 193rd SOW, Det 1, Fort Indiantown Gap 
Military Reservation, PA.

R-5802D Fort Indiantown Gap, PA [New]

    Boundaries. Beginning at lat. 40[deg]23'24'' N., long. 
76[deg]43'34'' W.; to lat. 40[deg]25'06'' N., long. 76[deg]44'47'' 
W.; to lat. 40[deg]28'00'' N., long. 76[deg]46'59'' W.; to lat. 
40[deg]29'42'' N., long. 76[deg]42'59'' W.; to lat. 40[deg]29'31'' 
N., long. 76[deg]39'07'' W.; to lat. 40[deg]28'31'' N., long. 
76[deg]36'21'' W.; to lat. 40[deg]27'13'' N., long. 76[deg]35'13'' 
W.; to lat. 40[deg]26'18'' N., long. 76[deg]36'40'' W.; thence to 
point of beginning.
    Designated altitudes. 17,000 feet MSL to but not including FL 
220.
    Time of designation. Daily, sunrise to 2200.
    Controlling agency. FAA, New York ARTCC.
    Using agency. ANG, 193rd SOW, Det 1, Fort Indiantown Gap 
Military Reservation, PA.

R-5802E Fort Indiantown Gap, PA [New]

    Boundaries. Beginning at lat. 40[deg]29'42'' N., long. 
74[deg]42'59'' W.; to lat. 40[deg]29'31'' N., long. 76[deg]39'07'' 
W.; to lat. 40[deg]28'31'' N., long. 76[deg]36'21'' W.; to lat. 
40[deg]27'13'' N., long. 76[deg]35'13'' W.; to lat. 40[deg]23'45'' 
N., long. 76[deg]32'36'' W.; to lat. 40[deg]22'50'' N., long. 
76[deg]34'03'' W.; to lat. 40[deg]19'55'' N., long. 76[deg]40'59'' 
W.; thence clockwise along the arc of a 4-nautical-mile radius 
circle centered at lat. 40[deg]23'24'' N., long. 76[deg]43'34'' W.; 
to lat. 40[deg]21'48'' N., long. 76[deg]48'18'' W.; to lat. 
40[deg]26'04'' N., long. 76[deg]51'34'' W.; to lat. 40[deg]28'00'' 
N., long. 76[deg]46'59'' W.; thence to point of beginning.
    Designated altitudes. FL 220 to FL 250.
    Time of designation. Daily, sunrise to 2200.
    Controlling agency. FAA, New York ARTCC.
    Using agency. ANG, 193rd SOW, Det 1, Fort Indiantown Gap 
Military Reservation, PA.

    Issued in Washington, DC, on August 8, 2003.
Reginald C. Matthews,
Manager, Airspace and Rules Division.
[FR Doc. 03-20772 Filed 8-13-03; 8:45 am]
BILLING CODE 4910-13-P