[Federal Register Volume 71, Number 244 (Wednesday, December 20, 2006)]
[Rules and Regulations]
[Pages 76125-76126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21725]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2005-22680; Airspace Docket No. 05-ASW-3]
RIN 2120-AA66


Establishment of Restricted Area 5601F; Fort Sill, OK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Restricted Area 5601F (R-5601F) over 
Fort Sill, OK. The United States (U.S.) Army requested that the FAA 
take action to establish R-5601F to provide additional airspace needed 
to support new high angle air-to-ground training requirements for Air 
Force, Navy, and Marine aircraft operating over the Falcon Bombing 
Range and to enhance Fort Sill's ability to host joint training.

DATES: Effective Date: 0901 UTC, March 15, 2007.

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

SUPPLEMENTARY INFORMATION:

Background

    On November 2, 2005, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) to establish R-5601F in response 
to a request from the U.S. Army (70 FR 66306). Interested parties were 
invited to participate in this rulemaking proceeding by submitting 
written comments on the proposal to the FAA. Five comments were 
received.

Discussion of Comments

    The commenters included the Aircraft Owners and Pilots Association 
(AOPA), the Oklahoma Pilots Association (OPA), and three individuals. 
The following is a summary of those comments and the FAA's responses:
    Three commenters expressed a concern that R-5601F would harm the 
Wichita Mountain Wildlife Refuge and Lake Latonka.
    Response: The FAA disagrees that R-5601F would cause significant 
harm to these areas because R-5601F would be a narrow piece of airspace 
(typically less than 3-4 miles from north to south) and the Army agreed 
to restrict flight to 5,500 feet mean sea level and above, over the 
Wildlife Refuge, to mitigate adverse impacts. We also note that the 
Wildlife Manager of the Wichita Mountain Wildlife Refuge had no 
objections to the establishment of R-5601F as outlined in the draft 
environmental assessment that was later adopted.
    Two commenters stated that R-5601F should not be designated as a 
restricted area because the activity would not constitute ``a hazard to 
non-participating aircraft'' as required by FAA Order 7400.2E.
    Response: FAA Order 7400.2F, Procedures for Handling Airspace 
Matters (effective on February 16, 2006) supercedes FAA Order 7400.2E. 
Both versions specify that the purpose of a restricted area is to 
confine or segregate activities considered hazardous to 
nonparticipating aircraft. The FAA believes it is appropriate to 
designate the needed maneuvering area as a restricted area because the 
participating aircraft will be maneuvering with armed weapons while 
preparing to drop and/or fire on the target areas. This activity 
constitutes a hazard and must be conducted within restricted airspace.
    Two commenters stated that there currently is not enough activity 
at Fort Sill to justify a need for additional restricted airspace.
    Response: R-5601F would provide the maneuvering airspace needed to 
safely execute new high angle air-to-ground training requirements for 
Air Force, Navy, and Marine aircraft.
    One commenter expressed a concern that the proposed R-5061F would 
``negatively impact general aviation by closing one of the last VFR 
corridors left in southern Oklahoma'' and one other commenter stated 
that the proposed restricted area would restrict air tours over the 
Wichita Mountain National Wildlife Refuge and Lake Latonka.
    Response: The FAA believes that the impact would be minimal because 
the Army plans to use the airspace less than 6 hours per day. Also, 
nonparticipating aircraft will have the opportunity to fly through the 
area when the airspace is not in use and may contact Fort Sill Approach 
for the status of R-5601F.

The Rule

    The FAA is amending Title 14 Code of Federal Regulations (14 CFR) 
part 73 to establish R-5601F adjacent to and north of R-5601B and R-
5601C. Establishment of the new restricted area will provide additional 
airspace needed to support new high angle air-to-ground training 
requirements for Air Force, Navy, and Marine aircraft operating over 
the Falcon Bombing Range and will enhance Fort Sill's ability to host 
joint training.
    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 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

    On October 4, 2006, the FAA adopted the U.S. Army's Finding of No 
Significant Impact and Record of Decision for the establishment of R-
5601F.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited Areas, Restricted Areas.

Adoption of the 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:


[[Page 76126]]


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


Sec.  73.56  [Amended]

0
2. Sec.  73.56 is amended as follows:
* * * * *

R-5601F Fort Sill, OK [New]

    Boundaries. Beginning at lat. 34[deg]46'24'' N., long. 
98[deg]52'00'' W.; thence clockwise via the 49 NM arc of SPS VORTAC 
to lat. 34[deg]47'00'' N., long. 98[deg]51'00'' W.; to lat. 
34[deg]43'46'' N., long. 98[deg]49'55'' W.; thence clockwise via the 
46 NM arc of SPS VORTAC to lat. 34[deg]45'03'' N., long. 
98[deg]29'46'' W.; to lat. 34[deg]46'15'' N., long. 98[deg]25'01'' 
W.; to lat. 34[deg]47'00'' N., long. 98[deg]17'46'' W.; to lat. 
34[deg]46'45'' N., long. 98[deg]17'01'' W.; to lat. 34[deg]46'06'' 
N., long. 98[deg]17'01'' W.; to lat. 34[deg]46'06'' N., long. 
98[deg]21'01'' W.; to lat. 34[deg]43'45'' N., long. 98[deg]21'01'' 
W.; to lat. 34[deg]43'30'' N., long. 98[deg]21'21'' W.; to lat. 
34[deg]43'30'' N., long. 98[deg]35'40'' W.; to lat. 34[deg]45'00'' 
N., long. 98[deg]40'31'' W.; to lat. 34[deg]42'15'' N., long. 
98[deg]50'01'' W.; to the point of beginning. Excluding that 
airspace: (1) below 5500 feet MSL beginning at lat. 34[deg]44'28'' 
N., long. 98[deg]46'16'' W.; thence clockwise via the 46 NM arc of 
SPS VORTAC to lat. 34[deg]45'09'' N., long. 98[deg]30'57'' W.; to 
lat. 34[deg]43'30'' N., long. 98[deg]30'00'' W.; to lat. 
34[deg]43'30'' N., long. 98[deg]35'40'' W.; to lat. 34[deg]45'00'' 
N., long. 98[deg]40'31'' W.; to lat. 34[deg]43'09'' N., long. 
98[deg]46'56'' W.; to the point of beginning; and, (2) below 3500 
feet MSL within a 1 NM radius of lat. 34[deg]46'46'' N., long. 
98[deg]17'46'' W.
    Designated altitudes. 500 feet AGL to FL 400.
    Times of Designation. Sunrise to 2200 local time, Monday-Friday; 
other times by NOTAM.
    Controlling Agency. FAA, Fort Worth ARTCC.
    Using Agency. Commanding General, United States Army Field 
Artillery Center (USAFACFS), Fort Sill, OK.
* * * * *

    Issued in Washington, DC, December 14, 2006.
Paul Gallant,
Acting Manager, Airspace and Rules.
[FR Doc. E6-21725 Filed 12-19-06; 8:45 am]
BILLING CODE 4910-13-P