[Federal Register Volume 69, Number 38 (Thursday, February 26, 2004)]
[Proposed Rules]
[Pages 8884-8885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4290]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2003-15976; Airspace Docket No. 03-AWA-5]
RIN 2120-AA66


Proposed Establishment of Prohibited Area P-50; Kings Bay, GA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish a prohibited area over the 
U.S. Naval Submarine Base, Kings Bay, GA. The proposed prohibited area 
would replace a Temporary Flight Restriction (TFR) that is currently in 
effect. The new prohibited area would be named P-50, Kings Bay, GA. The 
FAA is proposing this action to enhance the security of the Naval 
Submarine Base, at Kings Bay, GA.

DATES: Comments must be received on or before April 12, 2004.

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-2003-15976/Airspace Docket No. 03-AWA-5 at the beginning of 
your comments. You may also submit comments through the Internet to 
http://dms.dot.gov.

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 (FAA Docket No. 
FAA-2003-15976 and Airspace Docket No. 03-AWA-5) and be submitted in 
triplicate to the Docket Management System (see ADDRESSES section for 
address and phone number). You may also submit comments through the 
Internet at http://dms.dot.gov.
    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 No. FAA-2003-15976/Airspace Docket No. 03-AWA-5.'' The 
postcard will be date/time stamped and returned to the commenter. Send 
comments on environmental and land use aspects to: Lt. Len Schilling, 
Naval Submarine Base, Kings Bay, FEA, Building 2015, 1063 USS Tennessee 
Ave, Kings Bay, GA 31547; Telephone: 912-673-2001, ext. 4611.
    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 public 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 through the 
Internet at http://dms.dot.gov. Recently published rulemaking documents 
can also be accessed through the FAA's web page at http://www.faa.gov 
or the Federal Register's Web page at http://www.access.gpo.gov/nara.
    You may review the public docket containing the proposal; any 
comments received; and any final disposition in person in the Dockets 
Office (see ADDRESSES section for address and phone number) between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. An 
informal docket may also be examined during normal business hours at 
the office of the Regional Air Traffic Division, Federal Aviation 
Administration, 1701 Columbia Avenue, College Park, GA 30337.
    Persons interested in being placed on a mailing list for future 
NPRM's should call the FAA's Office of Rulemaking, (202) 267-9677, to 
request a copy of Advisory Circular No. 11-2A, Notice of Proposed 
Rulemaking Distribution System, which describes the application 
procedure.

Discussion/Background

    On September 11, 2001, the United States (U.S.) suffered 
catastrophic terrorist attacks involving four hijacked U.S. commercial 
aircraft. In response to these attacks, the FAA took action to 
temporarily shut down the National Airspace System, except for certain 
military, law enforcement, and emergency aircraft flight operations. 
Additionally, to hinder the potential for further airborne attacks and 
to specifically respond to security concerns, the FAA issued numerous 
TFRs, via the U.S. Notice to Airmen (NOTAM) System, to limit or 
prohibit aircraft flight operations in the vicinity of critical 
military, government, and national infrastructure locations across the 
country. One such location was the U.S. Naval Submarine Base at Kings 
Bay, GA. Beginning on September 13, 2001, the FAA issued a series of 
TFRs to prohibit aircraft flight operations in the vicinity of the 
Kings Bay base. The first NOTAM, 1/9866, prohibited aircraft operations 
at and below 10,000 feet above ground level (AGL) within a 10-nautical-
mile (NM) radius of the base. The dimensions of this TFR encompassed 
the St. Marys Airport (4J6), St. Marys, GA, resulting in the temporary 
closure of the airport.

[[Page 8885]]

NOTAM 1/9866 was replaced on September 14, 2001, by NOTAM 1/9948 that 
amended the TFR by reducing the restriction to that airspace at and 
below 5,000 feet AGL within a 5-NM radius of the base. On September 17, 
2001, NOTAM 1/9948 was replaced by NOTAM 1/0063. NOTAM 1/0063 did not 
alter the dimensions of the TFR, but changed the facility in charge 
from the Kings Bay Naval Base, to the FAA, Jacksonville Terminal Radar 
Approach Control (TRACON). This NOTAM remained in effect until 
September 19, 2001, when NOTAM 1/0189 was issued. NOTAM 1/0189 retained 
the 5-NM radius, but amended the upper altitude of the TFR from 5,000 
feet MSL to 4,999 feet MSL. The 5-NM radius of these latter three TFRs 
continued to prevent aircraft operations at the St. Marys Airport. On 
December 3, 2001, the FAA issued NOTAM 1/2887 which further amended the 
TFR by reducing its dimensions to that airspace within a 2-NM radius of 
a point on the base, from the surface up to but not including 3,000 
feet MSL. This change removed the St. Marys Airport from the TFR 
airspace and enabled aircraft operations to resume at the airport. On 
December 1, 2003, the FAA cancelled NOTAM 1/2887 and issued NOTAM 3/
1400 as a replacement. NOTAM 3/1400 was identical to 1/2887 except that 
the navigation aid reference was changed from the Craig, FL, VORTAC to 
the Brunswick, GA, VORTAC. NOTAM 3/1400 remains in effect as of the 
date of this notice.

U.S. Navy Request

    Due to the current world situation and continued security concerns 
at this facility, the U.S. Navy has requested that the FAA designate a 
prohibited area at Kings Bay, GA, to enhance Navy security efforts at 
the base. This proposal responds to that request.

Statutory Authority

    The FAA Administrator has broad authority to regulate the safe and 
efficient use of the navigable airspace (49 U.S.C. 40103(a)). The 
Administrator is also authorized to issue air traffic rules and 
regulations to govern the flight of aircraft, the navigation, 
protection, and identification of aircraft for the protection of 
persons and property on the ground, and for the efficient use of the 
navigable airspace. Additionally, pursuant to 49 U.S.C. section 
40103(b)(3) the Administrator has the authority, in consultation with 
the Secretary of Defense, to ``establish security provisions that will 
encourage and allow maximum use of the navigable airspace by civil 
aircraft consistent with national security.'' Such provisions may 
include establishing airspace areas the Administrator decides are 
necessary in the interest of national defense; and by regulation or 
order, restrict or prohibit flight of civil aircraft that the 
Administrator cannot identify, locate and control with available 
facilities in those areas.

The Proposal

    In response to the U.S. Navy request, the FAA is proposing an 
amendment to Title 14 Code of Federal Regulations (14 CFR) part 73 
(part 73) to designate a prohibited area over the U.S. Naval Submarine 
Base, Kings Bay, GA. The proposed prohibited area, designated P-50, 
would consist of that airspace, from the surface to but not including 
3,000 feet MSL, within a 2-NM radius of lat. 
3048[min]00[sec] N., long. 
8131[min]00[sec] W. In accordance with 14 CFR 73.83, no 
person may operate an aircraft within a prohibited area unless 
authorization has been granted by the using agency. The proposed 
prohibited area dimensions are identical to those contained in the TFR 
now in effect over the Kings Bay base. If implemented, Prohibited Area 
P-50 would replace the TFR at Kings Bay, GA, currently contained in 
NOTAM number 3/1400.
    Prohibited areas in 14 CFR part 73 are republished in subpart C of 
FAA Order 7400.8L, dated September 2, 2003, and effective September 16, 
2003. The prohibited area listed in this document would be published 
subsequently in the Order.
    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. 
Therefore this proposed regulation: (1) Is not a ``significant 
regulatory action'' under Executive Order 12866; (2) is not a 
``significant rule'' under Department of Transportation (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 FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1D, Policies and Procedures for Considering 
Environmental Impacts. This airspace action is not expected to cause 
any potentially significant environmental impacts, and no extraordinary 
circumstances exist that warrant preparation on an environmental 
assessment.

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:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.
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Sec.  73.92  [New]

    2. Sec.  73.92 is added as follows:
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P-50 Kings Bay, GA [New]

    Boundaries: That airspace within a 2-NM radius of lat. 
3048[min]00[sec] N., long. 
8131[min]00[sec] W.
    Designated altitudes: Surface to but not including 3,000 feet MSL.
    Time of designation: Continuous.
    Using agency: Administrator, FAA, Washington, DC.
* * * * *

    Issued in Washington, DC on February 18, 2004.
Reginald C. Matthews,
Manager, Airspace and Rules Division.
[FR Doc. 04-4290 Filed 2-25-04; 8:45 am]
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