[Federal Register Volume 69, Number 150 (Thursday, August 5, 2004)]
[Rules and Regulations]
[Pages 47358-47360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17928]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

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


Establishment of Restricted Areas 5802C, D, and E; Fort 
Indiantown Gap, PA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Restricted Areas 5802C, D, and E (R-
5802C, D, and E), at Fort Indiantown Gap, PA. The FAA is taking this 
action to provide additional restricted airspace needed by the 
Department of Defense (DOD) to conduct realistic aircrew training and 
to maintain proficiency in modern tactics that are required for combat 
readiness.

DATES: Effective: 0901 UTC, September 30, 2004.

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

SUPPLEMENTARY INFORMATION:

History

    On August 14, 2003, the FAA published a notice in the Federal 
Register proposing to amend the time of designation and the using 
agency for R-5802A and B; and to establish R-5802C, D, and E, at Fort 
Indiantown Gap, PA (68 FR 48579). This restricted airspace is also 
known as the Bollen Range.
    The notice proposed to establish R-5802C, extending from 500 feet 
above ground level (AGL) up to but not including 17,000 feet above mean 
sea level (MSL). R-5802C would consist primarily of that airspace 
currently designated as the Kiowa military operations area (MOA). 
Concurrent with the designation of R-5802C, the Kiowa MOA would be 
revoked through a separate non-rulemaking action. The FAA also proposed 
to establish R-5802D extending from 17,000 feet MSL to but not 
including flight level (FL) 220; and R-5802E extending from FL 220 to 
FL 250.
    The notice further proposed to change the time of designation for 
the existing restricted areas, R-5802A and B, 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;'' and to change the 
using agency from ``Commander, Fort Indiantown Gap, Annville, PA,'' to 
``ANG, 193rd SOW, Det 1, Fort Indiantown Gap Military Reservation, 
PA.'' In addition, the FAA proposed to apply the revised time of 
designation and using agency to the proposed restricted areas R-5802C, 
D, and E. On August 22, 2003, the FAA published a correction in the 
Federal Register to correct a typographical error in one boundary 
coordinate of the proposed R-5803E (68 FR 50838).
    Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the proposal. Comments were 
received from the Experimental Aircraft Association (EAA), the Aircraft 
Owners and Pilots Association (AOPA), and two individuals.

Analysis of Comments

    In response to the notice, the EAA did not oppose the proposed 
modifications, but commented that the FAA should make a graphic 
depiction of the proposed airspace available in an electronic format to 
make it easier for interested parties to review. The FAA currently 
provides ``hard copy'' graphics of special use airspace (SUA) proposals 
upon request and will explore options for making proposed SUA graphic 
depictions available via electronic means.
    AOPA objected to the proposed increase in the restricted areas' 
time of designation stating that restricted area usage data do not 
indicate a need to increase the times of use. AOPA recommended that the 
currently published time of designation for R-5802A and B be retained 
for the Bollen Range airspace. In response to this comment, the Air 
National Guard (ANG) reevaluated its requirements and requested that 
the FAA not amend the time of designation for the restricted areas. 
Based on this request, the proposed change to the time of designation 
is hereby withdrawn. The time of designation currently published for R-
5802A and B will remain unchanged and the same time period will be 
applied to R-5802C, D, and E.
    The ANG also requested that the FAA not amend the name of the using 
agency for the Bollen Range restricted areas as proposed in the notice. 
Based on this request, the proposed change to the name of the using 
agency for the Bollen Range restricted areas is hereby withdrawn. The 
using agency for all Bollen Range restricted areas will remain 
``Commander, Fort Indiantown Gap, Annville, PA.'' Consequently, R-5802A 
and B will not be modified by this action.
    One commenter wrote that the notice did not provide a rationale for 
converting the Kiowa MOA to a restricted area. The FAA does not agree. 
As discussed in the notice, the FAA proposed these changes because the 
existing Bollen Range restricted areas are too small to permit 
essential aircrew training. For example, High Altitude Release Bomb 
(HARB) deliveries cannot be accomplished at the range because the 
existing restricted area ceiling (13,000 feet MSL) is too low to 
contain the required high altitude release bombing patterns. Further, 
the current restricted area lateral dimensions are too small to provide 
realistic training in other tactics such as covert lighting, night 
vision devices, and targeting laser systems. Since an MOA cannot be 
used for hazardous training activities, such as weapons delivery, use 
of target designation lasers, etc., these types of activities must be 
conducted in a restricted area. Therefore, the conversion of the Kiowa 
MOA to restricted airspace is necessary to provide sufficient SUA for 
realistic aircrew training at the Bollen Range.

[[Page 47359]]

    Another commenter suggested that use of the restricted areas be 
limited to nighttime only because the stated justification for the 
proposal was based on ``recent combat experience'' wherein bombing was 
usually done at night. The FAA does not agree. The justification for 
expanding the airspace is only partly based on nighttime operations 
requirements. As discussed above, the purpose of the proposed expansion 
is to provide higher altitudes to contain HARB deliveries, and to 
provide sufficient lateral space for more realistic training in other 
tactics, including the use of target designation lasers, covert 
lighting, and night vision devices. Aircrew qualification and recurring 
proficiency training for HARB and other tactics requires both day and 
nighttime operations. In addition, there is a continuing requirement to 
use the range for ongoing day and night activities that have been 
conducted there for years.
    AOPA and the other commenters opposed the restricted airspace 
expansion based on their belief that it would place unnecessary 
restrictions on general aviation operations, effectively eliminate 
general aviation aircraft overflights of this airspace, and disrupt and 
delay air traffic flowing into and out of the New York, Philadelphia, 
and Washington, DC areas. The FAA does not agree with these comments 
for the following reasons. The controlling agency (New York Air Route 
Traffic Control Center) negotiated modifications to the ANG's 
preliminary proposal to minimize air traffic disruptions and delay 
conflicts in the affected area. Air traffic flow in the area runs 
mainly to the north and east of both the existing and expanded Bollen 
Range SUA. Converting the Kiowa MOA to R-5802C will result in only a 
small lateral expansion of restricted airspace by approximately one, to 
one and one-half, nautical miles on the northwest side of the existing 
restricted area boundary. The expanded restricted airspace remains 
clear of all Federal airways in the vicinity of the range, and also 
remains clear of the boundary of the Harrisburg Terminal Radar Service 
Area (TRSA) located to the south of the range. Restricted areas R-
5802A, B, C, and D, will encompass a relatively small area that is 
roughly 5 nautical miles by 7 nautical miles in size. Therefore, a 
minor flight path deviation would be required to avoid the airspace 
during periods when military activity precludes overflight of the 
range. Additionally, to minimize possible impact on nonparticipating 
aircraft operations that might result from the expansion of the range, 
the restricted areas will be subjected to ``joint-use'' procedures and 
will be scheduled only when needed for military activity. In 
consideration of the above, the FAA does not believe that these 
modifications will significantly affect aviation access in the vicinity 
of the Bollen Range.
    Except for the above changes and editorial changes, this amendment 
is the same as that proposed in the notice.

Statutory Authority

    The FAA Administrator has broad authority under Title 49 of the 
United States Code (49 U.S.C.) to regulate the use of the navigable 
airspace. In exercising that authority, the Administrator is required 
to give consideration to the requirements of national defense and 
commercial and general aviation, and the public right of freedom of 
transit through the navigable airspace (49 U.S.C. 40101). The 
Administrator is also empowered to develop plans and policy for the use 
of the navigable airspace and assign by regulation or order the use of 
the airspace necessary to ensure the safety of aircraft and the 
efficient use of airspace (49 U.S.C. 40103(b)). Additionally, the 
Administrator shall, in consultation with the Secretary of Defense, 
establish areas in the airspace the Administrator decides are necessary 
in the interest of national defense (49 U.S.C. 40103(b)(3)(A)).

The Rule

    The FAA is amending Title 14 Code of Federal Regulations (14 CFR) 
part 73 (part 73) by establishing R-5802C, D, and E, at Fort Indiantown 
Gap, PA. Specifically, R-5802C will extend from 500 feet AGL to but not 
including 17,000 feet MSL and will be formed, in part, by converting 
the Kiowa MOA to restricted airspace. Concurrent with this action, the 
Kiowa MOA will be revoked. R-5802D will extend from 17,000 feet MSL to 
but not including FL 220, and R-5802E will extend from FL 220 to FL 
250. The time of designation for the new restricted areas will be 
``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.'' The using agency for the airspace will be the 
``Commander, Fort Indiantown Gap, Annville, PA,'' and the Controlling 
Agency will be ``FAA, New York ARTCC.''
    The ANG requested the FAA to take this action because additional 
restricted airspace is needed at the Bollen Range to contain HARB 
training, and to enable more realistic aircrew training in various 
other tactics, involving both high and low altitudes, and day and 
nighttime operations. In addition to the aircraft activities described 
above, portions of the Fort Indiantown Gap/Bollen Range restricted 
airspace will continue to be used for the various fixed-wing and 
helicopter aircraft operations, ground-based weapons firings, and other 
activities that are currently conducted at the range. The FAA has 
determined that this rulemaking action is ``necessary in the interest 
of national defense'' as required under 49 U.S.C. 40103(b)(3)(A).
    Section 73.58 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 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 Pennsylvania ANG conducted an environmental impact analysis of 
the proposal and determined that the proposed action qualifies for a 
categorical exclusion in accordance with applicable U.S. Air Force 
directives. The FAA reviewed the proponent's environmental analysis 
documentation and determined that this airspace action is not expected 
to cause any potentially significant environmental impacts and does not 
trigger any extraordinary circumstances that would warrant preparation 
of an environmental assessment. The FAA determined, therefore, that 
this action qualifies for categorical exclusion from further 
environmental analysis under the National Environmental Policy Act in 
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies 
and

[[Page 47360]]

Procedures,'' paragraphs 303d, 311d, and 312d.

List of Subjects in 14 CFR Part 73

    Airspace, Navigation (air).

Adoption of Amendment

0
In consideration of the foregoing, the Federal Aviation Administration 
amends 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.  73.58  [Amended]

0
2. Sec.  73.58 is amended as follows:
* * * * *

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. February 15 through May 10 and September 1 
through December 15, 0800-2400 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.
    Controlling agency. FAA, New York ARTCC.
    Using agency. Commander, Fort Indiantown Gap, Annville, 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. February 15 through May 10 and September 1 
through December 15, 0800-2400 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.
    Controlling agency. FAA, New York ARTCC.
    Using agency. Commander, Fort Indiantown Gap, Annville, PA.

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

    Boundaries. Beginning at 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]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. February 15 through May 10 and September 1 
through December 15, 0800-2400 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.
    Controlling agency. FAA, New York ARTCC.
    Using agency. Commander, Fort Indiantown Gap, Annville, PA.
* * * * *

    Issued in Washington, DC, on July 30, 2004.
Reginald C. Matthews,
Manager, Airspace and Rules.
[FR Doc. 04-17928 Filed 8-4-04; 8:45 am]
BILLING CODE 4910-13-P