[Federal Register Volume 70, Number 100 (Wednesday, May 25, 2005)]
[Rules and Regulations]
[Pages 29946-29949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10371]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2004-17178; Airspace Docket No. 03-AWA-7]
RIN 2120-AA66


Establishment of Prohibited Area 51; Bangor, WA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes a prohibited area (P-51) over the U.S. 
Naval Submarine Base, at Bangor, WA. The prohibited area replaces a 
Temporary Flight Restriction (TFR) that is currently in effect. The FAA 
is taking this action in response to a request from the U.S. Navy as 
part of its efforts to enhance the security of the Naval Submarine 
Base, Bangor, WA.

EFFECTIVE DATE: 0901 UTC, December 22, 2005.

FOR FURTHER INFORMATION CONTACT: Ken McElroy, 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 June 28, 2004, the FAA published a notice in the Federal 
Register, proposing to establish a prohibited area over the U.S. Naval 
Submarine Base, Bangor, WA (69 FR 36031). The FAA proposed this action, 
at the request of the U.S. Navy, to enhance the security of the Bangor 
facility. Interested parties were invited to participate in this 
rulemaking effort by submitting written comments on the proposal. The 
FAA received 576 comments in response to this notice. All comments, 
including those addressed to Members of Congress, were considered. 
Although the official comment period ended August 12, 2004, comments 
were received through September, 2004, and were considered in this 
rulemaking action. The FAA believed due to the intense public interest 
and the comments on file, that extending the official deadline would 
not have resulted in any additional information that would have 
contributed to our decision making process.

Analysis of Comments

    The vast majority of these comments expressed general opposition to 
the proposal. The following is a discussion of the substantive comments 
received.
    A number of comments suggested that other large military facilities 
in California and Virginia do not have Temporary Flight Restrictions 
(TFR's) and that the restrictions were established in an inconsistent 
manner. They also pointed out that there is no credible terrorism 
threat here in the United States that would warrant such restrictions.
    Other large naval facilities, such as those in California and 
Virginia, do not have the same operational requirements or mission as 
that at U.S Naval Submarine Base, Bangor, WA. The attacks of September 
11, 2001, exposed weaknesses in the defense of U.S. assets. Today, some 
critics still claim the necessary steps to prevent terrorist attacks 
have not been taken. P-51 will allow the Navy to protect vital U.S. 
assets (TRIDENT submarines) by preventing aircraft over flights at low 
altitude.
    A few commenters stated there is not enough time to scramble 
aircraft to intercept hostile aircraft.
    The FAA does not agree. Establishing a prohibited area will give 
the government the time to react if an aircraft enters the area. The 
government's intention would be for taking defensive measures on the 
surface to preparing to use lethal force from air or ground naval 
assets.
    Some commenters stated that if a terrorist wants to fly an aircraft 
into a submarine, P-51 will not prevent them from doing so. Terrorists 
don't follow the rules.
    The FAA agrees. However, the Navy aggressively pursues a multitude 
of defense measures to deter an airborne attack. Each of these measures 
includes identification of potential hostile aircraft. The only 
feasible way for early identification is to prevent low altitude flight 
over the facilities. Aircraft violating P-51 will draw the attention of 
security forces and may provide the time needed to take the actions 
necessary to protect the people, submarines, and buildings on the 
ground.
    Numerous comments were received stating that general aviation 
aircraft (GA) are not viable threats. (The commenters cited the 
suicidal pilot in a small aircraft that crashed his plane into an 
office building, in Florida causing very little damage.) They stated 
that a small aircraft fully loaded with explosives would not damage a 
submarine.
    The FAA does not agree. The characteristics and design of TRIDENT 
submarines are classified and, therefore, we are unable to discuss them 
in specifics. However, the FAA does believe the potential for serious 
damage to the submarine does exists, whether it is from a direct impact 
or from collateral damage (fire, flood, etc.) around or near the 
submarine.
    Some commenters pointed out that P-51 will only serve to advertise 
U.S. Naval Submarine Base Bangor as a target for terrorist.
    The FAA does not agree. There has never been any secrecy to the 
existence or the location of U.S. Naval Submarine Base, Bangor, in 
Washington state; which can be sourced and confirmed on the Internet. 
The important issue is that we protect our national assets instead of 
hoping terrorists are not aware of the locations.
    Several commenters including the Aircraft Owners and Pilots 
Association (AOPA) stated that P-51 conflicts with V-165/V-287 because 
the width of these airways is 4NM each side of the centerline.

[[Page 29947]]

    The FAA does not agree. The minimum enroute altitude for the 
segment of V-165/V-287 that runs directly west of P-51 is above the 
altitude of P-51. Hence, there is no conflict between P-51 and V-165/V-
287.
    Some commenters stated that P-51 will interfere with the Bremerton 
ILS RWY 19 instrument approach.
    The FAA agrees. The southern boundary of P-51 is 7.5 miles north of 
the Bremerton ILS RWY 19 Outer Marker Compass Locator (LOM). Aircraft 
conducting the full ILS approach are required to remain within 10 miles 
of the LOM when executing a procedure turn. Bremerton ILS RWY 19 
approach will have to be modified by either adding a restriction to 
remain at/above 3,000 feet until southbound on the procedure turn or 
eliminate the procedure turn segment of the route altogether. The 
Bremerton ILS approach, as it is charted today, will be impacted; but 
it can be modified to remain clear of P-51 to eliminate any conflict 
between the approach and P-51.
    A number of commenters stated that P-51 poses a hazard to GA 
aircraft because at times of lower cloud layers, they cannot climb 
above P-51.
    The FAA does not agree. When the Bangor TFR was first implemented 
in 2001, it was inconvenient for aircraft to circumnavigate during 
periods of inclement weather. The Navy and the FAA, in response to the 
public, significantly reduced the size of area by modifying the TFR to 
accommodate the desires of the general aviation community and minimized 
the distance required to circumnavigate the flight restriction. With 
the designation of P-51, the altitude of the existing area is reduced 
from 4,900 feet to 2,500 feet Mean Sea Level (MSL) further reducing the 
burden on general aviation.
    Some commenters stated that P-51 will cost the GA pilot more money 
for extra fuel and engine time while circumnavigating the area.
    The FAA agrees. However, if an aircraft were transiting south to 
north along the Hood Canal and began to circumnavigate just south of P-
51, the aircraft would fly approximately an additional two (2) nautical 
miles to avoid P-51 and continue on course. The additional distance 
required to circumnavigate P-51 is considered minimal when compared to 
the national security benefit associated with establishing P-51. 
Moreover, instead of circumnavigating P-51, the aircraft operator can 
transit the area above 2,500 feet MSL.
    A lot of comments were received stating that P-51 will only add 
congestion for VFR aircraft transiting west of Seattle Class B airspace 
because a natural corridor lies between the mountainous terrain and P-
51.
    The public commenters are correct. However, the combination of 
National Security Areas (NSA) is the real complicating factor, not 
Bangor itself. The three existing NSAs (Bremerton, Everett, and Port 
Townsend) were established on December 23, 2004. The presence of the 
NSAs significantly increase the complexity of this area. However, while 
the NSAs do add to the complexity of flying between the Class B and the 
mountainous terrain, it is important to note that staying clear of the 
NSA is voluntary and those areas are still available for transit.
    Several commenters suggested reducing the altitude to 1,000 feet 
MSL because the area would be more manageable for GA.
    The FAA does not agree. A prohibited area from the surface to 1,000 
feet MSL would make it virtually impossible to differentiate between a 
threat and a non-threat aircraft. P-51, as detailed in the NPRM, 
significantly reduces the altitudes of the existing Bangor TFR, FDC 
Notice 4/2125, which pilots have endured for 3 years now. The proposed 
P-51 reduces the altitude to below 2,500 feet MSL (i.e. surface up to 
but not including 2,500') from its current 4,900 feet altitude as a 
TFR. The FAA reduced the altitude of the original U.S. Navy request 
from 4,900 feet MSL in order to lessen the impact on GA operations. 
Also, this lowered altitude allows air traffic control to provide 
standard instrument flight rule (IFR) services in the area, with 
minimal adverse impact from the presence of the proposed P-51.
    Several commenters, including AOPA, stated that P-51 will affect 
flight operations at both Apex airport and Poulsbo seaplane base.
    The FAA does not agree. The dimensions of P-51 do not affect flight 
into those airports. It was brought up as a concern prior to the latest 
modification of the previous TFR. Poulsbo seaplane base is located over 
1.5 nautical miles from the outer boundary of P-51. Apex airport is 
located 1.75 nautical miles from the outer boundary of P-51. 
Additionally, the southwest corner of P-51 was specifically modified so 
that aircraft could depart to the north or arrive from the south 
without excessive maneuvering.
    A number of commentors expressed concern that the area is not well 
defined and difficult to avoid prompting some aviators to avoid flying 
in the area.
    The FAA disagrees. P-51, is defined by five longitude latitude 
points making it relatively easy to avoid for GPS equipped aircraft, 
Non-GPS equipped aircraft can use Dabob Bay to the West, Highway 3 to 
the East and South, and Highway 104 to the North as visual references 
to avoid P-51.
    Comments were received suggesting the FAA should lower Seattle's 
Class B airspace to include the U.S. Naval Submarine Base, Bangor, and 
let the FAA maintain control of all aircraft in the area.
    The FAA does not agree. Class B airspace is clearly defined as 
controlled airspace surrounding a major airport protecting the arrival/
departure routes for that airport's turbojet aircraft. Under existing 
regulations, Class B airspace is not designed to provide restricted 
access for security reasons. These comments are, therefore, beyond the 
scope of this rule.
    Many comments suggested the new regulation will only end up in the 
issuance of flight violations for law-abiding aviators who become lost 
or disoriented.
    The FAA does not agree. P-51 will be published on the Seattle 
sectional and VFR Terminal Area navigational charts which will provide 
the GA pilot visual references of the location.
    Several commentors expressed concern that P-51 will be a hazard to 
GA and the surrounding area if air defense measures are implemented 
against an aircraft. A pilot could be unnecessarily shot down because 
they were lost.
    The FAA does not agree. Safety of general aviation and the general 
public is of the utmost importance and one reason P-51 is being 
considered. Since a prohibited area is published on navigational charts 
and identifies the area to avoid, incursion into P-51 will not 
automatically equate to lethal force, but will draw the attention of 
the defense force. What P-51 will do, is make it easier to identify 
aircraft that do pose a threat because low altitude over flights will 
not be the norm.
    A number of comments, including AOPA, the Experimental Aircraft 
Association (EAA), Washington Seaplane Pilots Association, Washington 
Air Search and Rescue, and the Canadian Owners and Pilots Association, 
recommended establishing a NSA instead of a Prohibited Area.
    The FAA does not agree. NSAs are voluntary in nature and do not 
prohibit aircraft over flight. An NSA would allow the opportunity for 
low-flying aircraft to routinely transit the airspace over, U.S. Navy 
Submarine Base, Bangor, making identification of aircraft extremely 
difficult and increasing the potential for an accident to occur. The

[[Page 29948]]

submarine berthing at U.S. Naval Submarine Base, Bangor, is a vital 
national asset and has been determined to be in the interest of 
national defense to protect the facilities with prohibited airspace. By 
sterilizing the airspace above these facilities and assets, defense 
forces can more easily identify aircraft displaying hostile intent and, 
if necessary, take appropriate action.
    A commenter stated an environmental assessment should still be 
done, and another stated the FAA had not complied with the EPA.
    The FAA does not agree. Designation of prohibited areas is 
categorically excluded from environmental actions under the National 
Environmental Policy Act in accordance with FAA Order 1050.1E 
Paragraphs 303d, 311a, and 312d.
    Another commentor pointed out, that even if there were a valid 
security concern justifying the proposed P-51, the FAA should not 
consider establishing a new prohibited area while a) the proposed 
prohibited area at St. Marys, GA is still pending, and b) the FAA 
continues to fail to provide the legally required documentation to 
Congress regarding the justification for the continued existence of the 
Temporary Flight Restrictions and DC-area ADIZ that have existed for 
nearly three years now.
    The FAA disagrees. The prohibited airspace being established over 
U.S Navy Submarine Base, Bangor, has been determined to be in the 
interest of national defense. The issue of required documentation to 
Congress concerning the DC-area ADIZ is outside the scope of this 
action. The situation concerning St. Marys is being addressed in 
separate rulemaking action.
    A commenter stated this action should be considered a major action 
and requires a regulatory evaluation.
    The FAA does not agree. In accordance with Executive Order 12886, 
this action is not a significant rule, under DOT Regulatory Polices and 
procedures (44 FR 11034; February 26, 1979); and does not warrant 
preparation of a regulatory evaluation.

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, 
commercial and general aviation, and the public's 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)). In 
consideration of the statutory authority above, the Secretary of 
Defense and the Administrator of the FAA have determined this action 
necessary in the interest of national defense.

The Rule

    In response to the U.S. Navy request, the FAA is amending Title 14 
Code of Federal Regulations (14 CFR) part 73 by designating P-51 over 
the U.S. Naval Submarine Base at Bangor, WA. P-51 consists of that 
airspace from the surface up to, but not including, 2,500 feet MSL, to 
include base property on the east side of the Hood Canal, the water 
across the Hood Canal, and the base owned land portion of the Toandos 
Peninsula. No person may operate an aircraft within a prohibited area 
unless authorization has been granted by the using agency.
    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 a categorical 
exclusion from further environmental analysis under the National 
Environmental Policy Act in accordance with FAA Order 1050.1E 
Paragraphs 303d, 311a, 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.

    For administrative purposes and ease of documentation we are 
listing all current Prohibited Areas in sections 73.87-73.91.


Sec.  73.93  [New]

0
2. Sec.  73.93 is added as follows:

Sec.  73.87

P-56 District of Columbia

    Boundaries. A. Beginning at the southwest corner of the Lincoln 
Memorial (lat. 38[deg]53'20''N., long. 77[deg]03'02'' W.); thence 
via a 327[deg] bearing, 0.6 mile, to the intersection of New 
Hampshire Avenue and Rock Creek and Potomac Parkway, NW (lat. 
38[deg]53'45'' N., long. 77[deg]03'23'' W.); thence northeast along 
New Hampshire Avenue, 0.6 mile, to Washington Circle, at the 
intersection of New Hampshire Avenue and K Street, NW (lat. 
38[deg]54'08'' N., long. 77[deg]03'01'' W.); thence east along K 
Street, 2.5 miles, to the railroad overpass between First and Second 
Streets, NE (lat. 38[deg]54'08'' N., long. 77[deg]00'13'' W.); 
thence southeast via a 158[deg] bearing, 0.7 mile, to the southeast 
corner of Stanton Square, at the intersection of Massachusetts 
Avenue and Sixth Street, NE (lat. 38[deg]53'35'' N., long. 
76[deg]59'56'' W.); thence southwest via a 211[deg] bearing, 0.8 
mile, to the Capitol Power Plant at the intersection of New Jersey 
Avenue and E Street, SE (lat. 38[deg]52'59'' N., long. 
77[deg]00'24'' W.); thence west via a 265[deg] bearing, 0.7 mile, to 
the intersection of the Southwest Freeway (Interstate Route 95) and 
Sixth Street, SW extended (lat. 38[deg]52'56'' N., long. 
77[deg]01'12'' W.); thence north along Sixth Street, 0.4 mile, to 
the intersection of Sixth Street and Independence Avenue, SW (lat. 
38[deg]53'15'' N., long. 77[deg]01'12'' W.); thence west along the 
north side of Independence Avenue, 0.8 mile, to the intersection of 
Independence Avenue and 15th Street, SW (lat. 38[deg]53'16'' N., 
long. 77[deg]02'01'' W.); thence west along the southern lane of 
Independence Avenue, 0.4 mile to the west end of the Kutz Memorial 
Bridge over the Tidal Basin (lat. 38[deg]53'12'' N., long. 
77[deg]02'27'' W.); thence west via a 285[deg] bearing, 0.6 mile, to 
the southwest corner of the Lincoln Memorial, to the point of 
beginning.
    B. That area within a \1/2\-mile-radius from the center of the 
U. S. Naval Observatory located between Wisconsin and Massachusetts 
Avenues at 34th Street, NW (lat. 38[deg]55'17'' N., long. 
77[deg]04'01'' W.).
    Designated altitudes. Surface to 18,000 feet MSL.
    Time of designation. Continuous.
    Using agency. United States Secret Service, Washington, DC.

[[Page 29949]]

Amendments 3/25/99 64 FR 13334 (Amended)

Sec.  73.89

P-47 Amarillo, TX

    Boundaries. Beginning at lat. 35[deg]21'09'' N., long. 
101[deg]37'05'' W.; to lat. 35[deg]21'11'' N., long. 101[deg]32'29'' 
W.; to lat. 35[deg]18'09'' N., long. 101[deg]32'29'' W.; to lat. 
35[deg]18'09'' N., long. 101[deg]34'50'' W.; to lat. 35[deg]17'55'' 
N., long. 101[deg]35'10'' W.; to lat. 35[deg]17'55'' N., long. 
101[deg]35'39'' W.; to lat. 35[deg]19'05'' N., long. 101[deg]35'42'' 
W.; to lat. 35[deg]19'05'' N., long. 101[deg]36'06'' W.; to lat. 
35[deg]18'02'' N., long. 101[deg]36'29'' W.; to lat. 35[deg]18'02'' 
N., long. 101[deg]37'05'' W.; to the point of beginning.
    Designated altitudes. Surface to 4,800 feet MSL (1,200 feet 
AGL).
    Time of designation. Continuous.
    Using agency. Manager, Pantex Field Office, Department of 
Energy, Amarillo, TX.

P-49 Crawford, TX

    Boundaries. That airspace within a 3 NM radius of lat. 
31[deg]34'45'' N., long. 97[deg]32'00'' W.
    Designated altitudes. Surface to 5,000 feet MSL.
    Time of designation. Continuous.
    Using agency. United States Secret Service, Washington, DC.

Amendments 5/15/03 68 FR 7917 (Amended)

Sec.  73.90

P-40 Thurmont, MD

    Boundaries. That airspace within a 3 NM radius of the Naval 
Support Facility, lat. 39[deg]38'53'' N., long. 77[deg]28'00'' W.
    Designated altitudes. Surface to but not including 5,000 feet 
MSL.
    Time of designation. Continuous.
    Using agency. Administrator, FAA, Washington, DC.

Sec.  73.91

P-73 Mount Vernon, VA

    Boundaries. That airspace within a 0.5-mile radius of lat. 
38[deg]42'28'' N., long. 77[deg]05'10'' W.
    Designated altitudes. Surface to but not including 1,500 feet 
MSL.
    Time of designation. Continuous.
    Using agency. Administrator, FAA, Washington, DC.

Sec.  73.93 [New]

P-51 Bangor, WA [Added]

    Boundaries: Beginning at lat. 47[deg]46'31'' N., long. 
122[deg]46'12'' W.; to lat. 47[deg]46'29'' N., long. 122[deg]41'31'' 
W.; to lat. 47[deg]41'42'' N., long. 122[deg]41'27'' W.; to lat. 
47[deg]41'40'' N., long. 122[deg]44'11'' W.; to lat. 47[deg]43'19'' 
N., long. 122[deg]46'09'' W.; to the point of beginning.
    Designated Altitudes. Surface to but not including 2,500 MSL.
    Time of designation. Continuous.
    Using agency. Administrator, FAA, Washington, DC.

Sec.  73.94

P-67 Kennebunkport, ME

    Boundaries. A circular area of 1-mile radius centered on lat. 
43[deg]20'40'' N., long. 70[deg]27'34'' W.
    Designated altitudes. Surface to 1,000 feet MSL.
    Time of designation. Continuous.
    Using agency. Administrator, FAA, Washington, DC.
* * * * *

    Issued in Washington, DC on May 16, 2005.
Edith V. Parish,
Acting Manager, Airspace and Rules.
[FR Doc. 05-10371 Filed 5-24-05; 8:45 am]
BILLING CODE 4910-13-P