[Federal Register Volume 73, Number 104 (Thursday, May 29, 2008)]
[Rules and Regulations]
[Pages 30767-30769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11975]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2008-0519; Airspace Docket No. 08-ASO-6]
RIN 2120-AA66


Modification of Restricted Areas R-5314A, B, C, D, E, F, H, and 
J; and Revocation of Restricted Area R-5314G; Dare County Range, NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action realigns the internal boundaries and amends the 
time of designation and using agency title for restricted areas R-
5314A, B, C, D, E, and F; amends the time of designation and using 
agency title for R-5314H and J; and revokes R-5314G. The FAA is taking 
this action to enhance the safety and operational efficiency of the 
Dare County Range.

DATES: Effective Date: 0901 UTC, July 31, 2008.

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

SUPPLEMENTARY INFORMATION:

Background

    Restricted Area R-5314 is part of the Dare County Range in North 
Carolina. R-5314 is divided into nine subareas, designated A, B, C, D, 
E, F, G, H and J. These subareas support the Air Force Dare bombing 
range and the Navy Dare bombing range and are used to train aircrews in 
various tactics such as air-to-ground ordnance delivery and night 
vision goggle operations. The current layout of R-5314 requires 
aircrews using the two ranges to share R-5314A and R-5314F. This 
involves extensive coordination between aircrew and the Range Control 
Officers at both ranges to deconflict the two operations. The U.S. Air 
Force requested that the FAA take action to reconfigure the internal 
alignment and boundaries of R-5314 to better delineate the airspace 
between the Navy and Air Force ranges. Under the reconfiguration, Air 
Force Dare users will operate in R-5314A, B, and C, while Navy Dare 
users will operate in R-5314D, E, and F. The airspace currently 
designated as R-5314G is subdivided into two areas and redesignated as 
R-5314C and R-5314F. The designation R-5314G will be revoked. To the 
east of the newly realigned C and F subareas, the current areas R-
5314A, B, C, D, E and F are reconfigured into R-5314A, B, D, and E. 
This rearranges the location of several subareas within the current 
restricted area boundaries, but does not alter the existing geographic 
footprint or altitude floors of the R-5314 complex. The changes will 
simplify the restricted area

[[Page 30768]]

layout, enhance range boundary awareness for aircrews, eliminate much 
of the coordination and deconfliction actions currently required, and 
thereby enhance the safety and operational efficiency of the Dare 
County Range. The boundaries for restricted areas R-5314H and J are not 
being modified by this rule.
    The FAA is also modifying the time of designation for all R-5314 
subareas by removing the term ``intermittent'' from the descriptions. 
The term ``intermittent'' is used in the time of designation to denote 
sporadic or irregular use of an area. A review of over five years of 
utilization data for the Dare County Range shows regular and frequent 
use of the restricted areas; therefore, the term ``intermittent'' is 
inappropriate and is being deleted to more accurately represent actual 
usage of the areas. Other than removing the term ``intermittent,'' this 
change does not alter the current published restricted area time of 
designation of ``0600-2400 local time, Monday-Friday; 0700-1800 local 
time Saturday-Sunday; other times by NOTAM 6 hours in advance.'' The 
change has no effect on the current or projected use of the Dare County 
Range restricted areas.
    In addition, the name of the using agency for all of the restricted 
areas is changed to add the military service and correct the using 
agency name.

The Rule

    This action realigns the internal boundaries and layout of 
restricted areas R-5314A, B, C, D, E and F, and revokes R-5314G. The 
airspace formerly within R-5314G is further subdivided and redesignated 
as restricted areas R-5314C and F. The boundaries for R-5314H and J are 
not modified by this rule and will remain as currently published. This 
action also removes the term ``intermittent'' from the time of 
designation for R-5314A, B, C, D, E, F, H and J. In addition, the name 
of the using agency for all of the above restricted areas is changed 
from ``Commander, 4th Tactical Fighter Wing'' to ``U.S. Air Force, 
Commander, 4th Fighter Wing.'' This change adds the name of the 
military service and corrects the title of the 4th Fighter Wing.
    This rule is an administrative change to realign the internal 
boundaries of existing restricted airspace, update the name of the 
using agency and correct the time of designation. These changes do not 
expand restricted airspace beyond the current lateral or vertical 
boundaries, or increase the available times of use, or alter the 
activities conducted within the restricted areas. Therefore, notice and 
public procedures under 5 U.S.C. 553(b) are unnecessary.
    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.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the 
FAA is charged with prescribing regulations to assign the use of the 
airspace necessary to ensure the safety of aircraft and the efficient 
use of airspace. This regulation is within the scope of that authority 
as it modifies restricted airspace in North Carolina.

Environmental Review

    The FAA has reviewed the above referenced action according to 
Department of Transportation Order 5610.1C, ``Procedures for 
Considering Environmental Impacts'' and FAA Order 1050.1E, 
``Environmental Impacts: Policies and Procedures.'' In accordance with 
FAA Order 1050.1E paragraphs 311d and 401p (5), it is determined that 
the action qualifies for categorical exclusion from further 
environmental review. Additionally, the implementation of this action 
will not result in any extraordinary circumstances in accordance with 
Order 1050.1E paragraph 304. Therefore, on February 15, 2008, the FAA 
issued a categorical exclusion declaration for the change in the 
internal boundaries for R-5314.

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:

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


Sec.  73.53  [Amended]

0
2. Section 73.53 is amended as follows:
* * * * *

R-5314A Dare County, NC [Amended]

    By removing the current boundaries, time of designation and 
using agency and substituting the following:
    Boundaries. Beginning at lat. 35[deg]42'36'' N., long. 
75[deg]49'49'' W.; to lat. 35[deg]40'08'' N., long. 75[deg]50'14'' 
W.; to lat. 35[deg]40'25'' N., long. 75[deg]52'15'' W.; to lat. 
35[deg]38'41'' N., long. 75[deg]52'34'' W.; to lat. 35[deg]39'01'' 
N., long. 75[deg]54'34'' W.; to lat. 35[deg]40'41'' N., long. 
75[deg]54'09'' W.; to lat. 35[deg]41'31'' N., long. 76[deg]00'19'' 
W.; to lat. 35[deg]44'10'' N., long. 75[deg]59'41'' W.; to the point 
of beginning.
    Time of designation. 0600-2400 local time, Monday-Friday; 0700-
1800 local time Saturday-Sunday; other times by NOTAM 6 hours in 
advance.
    Using agency. U.S. Air Force, Commander, 4th Fighter Wing, 
Seymour Johnson AFB, NC.
* * * * *

R-5314B Dare County, NC [Amended]

    By removing the current boundaries, time of designation and 
using agency and substituting the following:
    Boundaries. Beginning at lat. 35[deg]41'52'' N., long. 
75[deg]45'11'' W.; to lat. 35[deg]34'41'' N., long. 75[deg]46'49'' 
W.; to lat. 35[deg]36'46'' N., long. 76[deg]01'19'' W.; to lat. 
35[deg]41'31'' N., long. 76[deg]00'19'' W.; to lat. 35[deg]40'41'' 
N., long. 75[deg]54'09'' W.; to lat. 35[deg]39'01'' N., long. 
75[deg]54'34'' W.; to lat. 35[deg]38'41'' N., long. 75[deg]52'34'' 
W.; to lat. 35[deg]40'25'' N., long. 75[deg]52'15'' W.; to lat. 
35[deg]40'08'' N., long. 75[deg]50'14'' W.; to lat. 35[deg]42'36'' 
N., long. 75[deg]49'49'' W.; to the point of beginning.
    Time of designation. 0600-2400 local time, Monday-Friday; 0700-
1800 local time Saturday-Sunday; other times by NOTAM 6 hours in 
advance.
    Using agency. U.S. Air Force, Commander, 4th Fighter Wing, 
Seymour Johnson AFB, NC.
* * * * *

R-5314C Dare County, NC [Amended]

    By removing the current boundaries, designated altitudes, time 
of designation, and using agency and substituting the following:
    Boundaries. Beginning at lat. 35[deg]44'10'' N., long. 
75[deg]59'41'' W.; to lat. 35[deg]38'55'' N., long. 76[deg]00'52'' 
W.; to lat. 35[deg]39'21'' N., long. 76[deg]04'59'' W.; to lat. 
35[deg]44'48'' N., long. 76[deg]03'44'' W.; to the point of 
beginning.
    Designated altitudes. 200 feet above the surface to 15,000 feet 
MSL.
    Time of designation. 0600-2400 local time, Monday-Friday; 0700-
1800 local time Saturday-Sunday; other times by NOTAM 6 hours in 
advance.

[[Page 30769]]

    Using agency. U.S. Air Force, Commander, 4th Fighter Wing, 
Seymour Johnson AFB, NC.
* * * * *

R-5314D Dare County, NC [Amended]

    By removing the current boundaries, time of designation and 
using agency and substituting the following:
    Boundaries. Beginning at lat. 35[deg]47'51'' N., long. 
75[deg]48'49'' W.; to lat. 35[deg]42'36'' N., long. 75[deg]49'49'' 
W.; to lat. 35[deg]44'10'' N., long. 75[deg]59'41'' W.; to lat. 
35[deg]47'01'' N., long. 75[deg]58'59'' W.; to lat. 35[deg]46'08'' 
N., long. 75[deg]52'35'' W.; to lat. 35[deg]48'01'' N., long. 
75[deg]51'59'' W.; to the point of beginning.
    Time of designation. 0600-2400 local time, Monday-Friday; 0700-
1800 local time Saturday-Sunday; other times by NOTAM 6 hours in 
advance.
    Using agency. U.S. Air Force, Commander, 4th Fighter Wing, 
Seymour Johnson AFB, NC.
* * * * *

R-5314E Dare County, NC [Amended]

    By removing the current boundaries, designated altitudes, time 
of designation and using agency and substituting the following:
    Boundaries. Beginning at lat. 35[deg]48'31'' N., long. 
75[deg]43'39'' W.; to lat. 35[deg]41'52'' N., long. 75[deg]45'11'' 
W.; to lat. 35[deg]42'36'' N., long. 75[deg]49'49'' W.; to lat. 
35[deg]47'51'' N., long. 75[deg]48'49'' W.; to lat. 35[deg]48'01'' 
N., long. 75[deg]51'59'' W.; to lat. 35[deg]46'08'' N., long. 
75[deg]52'35'' W.; to lat. 35[deg]47'01'' N., long. 75[deg]58'59'' 
W.; to lat. 35[deg]51'36'' N., long. 75[deg]57'54'' W.; to lat. 
35[deg]49'31'' N., long. 75[deg]44'59'' W.; to the point of 
beginning.
    Designated altitudes. 500 feet above the surface to FL 205.
    Time of designation. 0600-2400 local time, Monday-Friday; 0700-
1800 local time Saturday-Sunday; other times by NOTAM 6 hours in 
advance.
    Using agency. U.S. Air Force, Commander, 4th Fighter Wing, 
Seymour Johnson AFB, NC.
* * * * *

R-5314F Dare County, NC [Amended]

    By removing the current boundaries, designated altitudes, time 
of designation and using agency and substituting the following:
    Boundaries. Beginning at lat. 35[deg]51'36'' N., long. 
75[deg]57'54'' W.; to lat. 35[deg]44'10'' N., long. 75[deg]59'41'' 
W.; to lat. 35[deg]44'48'' N., long. 76[deg]03'44'' W.; to lat. 
35[deg]51'53'' N., long. 76[deg]02'08'' W.; to the point of 
beginning.
    Designated altitudes. 200 feet above the surface to 15,000 feet 
MSL.
    Time of designation. 0600-2400 local time, Monday-Friday; 0700-
1800 local time Saturday-Sunday; other times by NOTAM 6 hours in 
advance.
    Using agency. U.S. Air Force, Commander, 4th Fighter Wing, 
Seymour Johnson AFB, NC.
* * * * *

R-5314G Dare County, NC [Removed]

* * * * *

R-5314H Dare County, NC [Amended]

    By removing the current time of designation and using agency and 
substituting the following:
    Time of designation. 0600-2400 local time, Monday-Friday; 0700-
1800 local time Saturday-Sunday; other times by NOTAM 6 hours in 
advance.
    Using agency. U.S. Air Force, Commander, 4th Fighter Wing, 
Seymour Johnson AFB, NC.
* * * * *

R-5314J Dare County, NC [Amended]

    By removing the current time of designation and using agency and 
substituting the following:
    Time of designation. 0600-2400 local time, Monday-Friday; 0700-
1800 local time Saturday-Sunday; other times by NOTAM 6 hours in 
advance.
    Using agency. U.S. Air Force, Commander, 4th Fighter Wing, 
Seymour Johnson AFB, NC.
* * * * *

    Issued in Washington, DC on May 22, 2008.
Stephen L. Rohring,
Acting Manager, Airspace and Rules Group.
 [FR Doc. E8-11975 Filed 5-28-08; 8:45 am]
BILLING CODE 4910-13-P