[Federal Register Volume 69, Number 76 (Tuesday, April 20, 2004)]
[Rules and Regulations]
[Pages 21053-21055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8922]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2003-16438; Airspace Docket No. 03-ASW-02]
RIN 2120-AA66


Modification of Restricted Areas 3801A, 3801B, and 3801C, Camp 
Claiborne, LA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revises Restricted Area's 3801A (R-3801A), 3801B 
(R-3801B), and 3801C (R-3801C), Camp Claiborne, LA. This action 
responds to a request from the United States Air Force (USAF) to 
eliminate the area currently designated as R-3801A; expand the vertical 
limits of the areas currently designated as R-3801B and R-3801C; and 
reconfigure R-3801B and R-3801C into a new R-3801A, R-3801B, and R-
3801C. Additionally, this action changes the controlling agency for R-
3801A, B, and C from the FAA, Houston Air Route Traffic Control Center 
(ARTCC) to the U.S. Army, Fort Polk Approach Control. The FAA is taking 
this action to assist the USAF in fulfilling their training 
requirements for high altitude release bombing.

DATES: Effective Date: 0901 UTC, June 10, 2004.

FOR FURTHER INFORMATION CONTACT: Steve Rohring, Airspace and Rules, 
Office of System Operations and Safety, ATO-R, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591; 
telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION:

Background

    On January 6, 2004, the FAA proposed to revise R-3801A, R-3801B, 
and R-3801C, Camp Claiborne, LA, and change the controlling agency to 
assist the USAF in meeting new USAF training requirements for high 
altitude release bombing (69 FR 552). Interested parties were invited 
to participate in this rulemaking proceeding by submitting written 
comments on this proposal to the FAA. In response to the proposal, the 
FAA received two comments. The comments and our responses are discussed 
below.
    In response to the proposal, the Aircraft Owners and Pilots 
Association (AOPA) supports the elimination of the current R-3801A, but 
expressed concern that raising the ceiling of R-3801B and R-3801C would 
reduce the availability of Federal Airway 212 (V-212) for use

[[Page 21054]]

by non-participating aircraft. We acknowledge AOPA's concern; however, 
we believe that raising the ceiling of R-3801B and R-3801C will have 
minimal impact on aircraft operations because R-3801C will only be 
activated when the Warrior 1 High and Low MOAs are active. Currently, 
we route non-participating aircraft around the Warrior 1 High and Low 
MOAs when they are active. V-212 also passes through the Warrior 1 High 
and Low MOAs, which are adjacent to and much larger than R-3801B and R-
3801C. Any additional vectors around the new R-3801B and R-3801C should 
have a minimal impact.
    Another commenter expressed concern regarding changing the 
controlling agency to the U.S. Army, Fort Polk Approach Control because 
the altitudes of the revised R-3801B and R-3801C will extend above the 
current ceiling (10,000 feet MSL) of the delegated Fort Polk Approach 
Control area. We agree with this commenter that some of the altitudes 
in question are above the approach control delegated airspace. However, 
coincidental with this action there will be new agreements between 
Houston ARTCC and Fort Polk Approach Control, delegating the control of 
the altitudes/airspace contained in the new R-3801B and R-3801C to the 
Fort Polk Approach Control when the restricted areas are active.

The Rule

    As a result of new USAF training requirements, the FAA is amending 
Title 14 Code of Federal Regulations (14 CFR) part 73 (part 73) by 
revising R-3801A, R-3801B, and R-3801C at Camp Claiborne, LA. This 
amendment responds to a USAF request that the FAA take action to 
eliminate the area currently designated as R-3801A, which is to become 
the new Claiborne Military Operations Area by a separate but 
concurrent, non-rulemaking action. This amendment also responds to a 
USAF request to expand the vertical limits of the areas currently 
designated as R-3801B and R-3801C from 14,000 feet MSL to FL 230 and 
reconfigure R-3801B and R-3801C into a new R-3801A, R-3801B, and R-
3801C. The overall lateral boundaries of the new R-3801A, R-3801B, and 
R-3801C are the same as the overall boundaries of the current R-3801B 
and R-3801C. The altitude structure for the revised airspace areas are 
from the surface to 10,000 feet MSL to FL180 for R-3801B; and FL180 to 
FL230 for R-3801C. The additional airspace is required to fulfill new 
USAF training requirements. Specifically, the new training requirements 
call for practicing the release of bombs from higher altitudes than are 
currently available within the existing airspace areas. Additionally, 
the USAF has requested that the FAA take action to change the 
controlling agency of R-3801A, R-3801B, and R-3801C from the FAA, 
Houston ARTCC to the U.S. Army, Fort Polk Approach Control.
    Section 73.38 of part 73 of the Federal Aviation Regulations was 
republished in FAA Order 7400.8L dated October 7, 2003.
    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 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 USAF analyzed the potential environmental impacts of the 
proposed action in an Environmental Assessment (EA) dated December 
2000. Based on the EA, the Air Force concludes that the proposed action 
will not produce significant impacts, either by itself or through 
cumulative effects of past, present, or reasonably foreseeable actions. 
Further, the Air Force determined that the proposed action does not 
require preparation of an Environmental Impact Statement (EIS). The Air 
Force issued a Finding of No Significant Impact (FONSI) dated May 9, 
2001.
    The FAA has conducted an independent review of the Air Force's EA 
in accordance with FAA Order 1050.1D and the FAA/DOD Memorandum of 
Understanding of 1998 regarding Special Use Airspace Actions. After 
careful review and thorough consideration of the proposal, the FAA has 
determined that the Federal action is consistent with existing national 
environmental policies and objectives as set forth in Section 101(a) of 
the National Environmental Policies Act of 1969 (NEPA) and that it will 
not significantly effect the quality of the human environment.

List of Subjects in 14 CFR Part 73

    Airspace, Navigation (air), Prohibited Areas, and Restricted Areas.

The Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration 
will amend 14 CFR part 73 as follows:

PART 73--SPECIAL USE AIRSPACE

0
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.  73.38  (Amended)

0
2. Sec.  73.38 is amended as follows:
* * * * *

R-3801A Camp Claiborne, LA (Amended)

    By removing the current boundaries, designated altitudes, and 
controlling agency, and substituting the following:
    Boundaries. Beginning at lat. 31[deg]11[min]46[sec] N., long. 
92[deg]30[min]16[sec] W.; to lat. 31[deg]05[min]16[sec] N., long. 
92[deg]34[min]51[sec] W.; to lat. 31[deg]13[min]56[sec] N., long. 
92[deg]49[min]46[sec] W.; to lat. 31[deg]18[min]01[sec] N., long. 
92[deg]46[min]31[sec] W.; to lat. 31[deg]15[min]16[sec] N., long. 
92[deg]41[min]46[sec] W.; to lat. 31[deg]17[min]11[sec] N., long. 
92[deg]40[min]11[sec] W.; to the point of beginning.
    Designated altitudes. Surface to, but not including, 10,000 feet 
MSL.
    Controlling agency. U.S. Army, Fort Polk Approach Control.
* * * * *

R-3801B Camp Claiborne, LA (Amended)

    By removing the current boundaries, designated altitudes, and 
controlling agency and substituting the following:
    Boundaries. Beginning at lat. 31[deg]11[min]46[sec] N., long. 
92[deg]30[min]16[sec] W.; to lat. 31[deg]05[min]16[sec] N., long. 
92[deg]34[min]51[sec] W.; to lat. 31[deg]13[min]56[sec] N., long. 
92[deg]49[min]46[sec] W.; to lat. 31[deg]18[min]01[sec] N., long. 
92[deg]46[min]31[sec] W.; to lat. 31[deg]15[min]16[sec] N., long. 
92[deg]41[min]46[sec] W.; to lat. 31[deg]17[min]11[sec] N., long. 
92[deg]40[min]11[sec] W.; to the point of beginning.
    Designated altitudes. 10,000 feet MSL to, but not including, FL 
180.
    Controlling agency. U.S. Army, Fort Polk Approach Control.
* * * * *

R-3801C Camp Claiborne, LA (Amended)

    By removing the current boundaries, designated altitudes, and 
controlling agency and substituting the following:
    Boundaries. Beginning at lat. 31[deg]11[min]46[sec] N., long. 
92[deg]30[min]16[sec] W.; to lat. 31[deg]05[min]16[sec] N., long. 
92[deg]34[min]51[sec] W.; to lat. 31[deg]13[min]56[sec] N., long. 
92[deg]49[min]46[sec] W.; to lat.

[[Page 21055]]

31[deg]18[min]01[sec] N., long. 92[deg]46[min]31[sec] W.; to lat. 
31[deg]15[min]16[sec] N., long. 92[deg]41[min]46[sec] W.; to lat. 
31[deg]17[min]11[sec] N., long. 92[deg]40[min]11[sec] W.; to the point 
of beginning.
    Designated altitudes. FL 180 to FL 230.
    Controlling agency. U.S. Army, Fort Polk Approach Control.
* * * * *

    Issued in Washington, DC, on April 14, 2004.
Reginald C. Matthews,
Manager, Airspace and Rules.
[FR Doc. 04-8922 Filed 4-19-04; 8:45 am]
BILLING CODE 4910-13-P