[Federal Register Volume 73, Number 188 (Friday, September 26, 2008)]
[Rules and Regulations]
[Pages 55723-55726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22646]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2006-26192; Airspace Docket No. 06-ASO-11]
RIN 2120-AA66


Modification and Establishment of Restricted Areas and Other 
Special Use Airspace, Adirondack Airspace Complex; Fort Drum, NY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action restructures the restricted areas and other 
special use airspace (SUA) located in the vicinity of Fort Drum, NY. 
The Air National Guard (ANG) requested redesign of existing restricted 
airspace R-5201, known as the Adirondack Airspace Complex, by 
establishing two new restricted areas: R-5202A and R-5202B, and by 
restructuring the military operations areas (MOA) contained in the 
Adirondack Airspace Complex. Unlike restricted areas, which are 
designated under 14 CFR part 73, MOAs are not rulemaking airspace 
actions. However, since these MOAs form an integral part of the 
Adirondack Airspace Complex, the FAA is including a description of the 
associated MOA changes in this rule. The MOA changes described here 
will also be published in the National Flight Data Digest (NFDD). The 
ANG requested these airspace changes to provide the additional SUA 
needed to conduct more realistic aircrew training in the Adirondack 
Airspace Complex.

DATES: Effective Date: 0901 UTC, November 20, 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

    On June 6, 2007, the FAA published in the Federal Register a notice 
of proposed rulemaking (NPRM) to redesign the SUA in the vicinity of 
Fort Drum, NY (72 FR 31211). Interested parties were invited to 
participate in this rulemaking proceeding by submitting written 
comments on the proposal to the FAA. Seven responses were received.

Discussion of Comments

    The Aircraft Owners and Pilots Association (AOPA) opposed the 
proposed Adirondack Airspace Complex modifications for several reasons. 
AOPA questioned the need for two nearly identical SUA expansions being 
developed within 150 nautical miles (NM) of one another (i.e., 
Adirondack Airspace Complex, NY and Condor MOA, ME). AOPA contended 
that expanding both Adirondack and Condor would result in redundant SUA 
and would not be efficient use of the National Airspace System (NAS).
    FAA Response: Many factors are considered in the development of SUA 
proposals including, but not limited to, distance of the proposed SUA 
from the user's base, number of users to be accommodated and training 
capacity of the area. Ideally, MOAs should be located within 100 NM of 
the users' home base. However, this is often not possible due to other 
requirements of the NAS. The greater the distance from the launch base 
to the SUA, the more transit time is required, which results in less 
training time available per sortie and increased training costs per 
sortie. The main distinction between the Adirondack and Condor SUA is 
the existence of restricted airspace at Fort Drum, NY. No restricted 
airspace is available at Condor; therefore, no hazardous activities may 
be conducted in that airspace. Use of the Condor airspace is limited to 
air-to-air tactics training, basic flight maneuvers, etc. The 
Adirondack Airspace Complex is used by as many as eight fighter wings 
for training in air-to-air tactics, and air-to-ground weapons delivery, 
lasers, etc. In addition, Fort Drum is the home of the U.S. Army's 10th 
Mountain Division and the restricted areas are extensively used for 
surface-based weapons training (e.g., artillery and mortar firing, 
missiles, etc.) by U.S. Army and National Guard units. The 174th FW at 
Syracuse, NY, is both the proponent and one of the primary users of the 
Adirondack Airspace Complex. The distance from Syracuse to Adirondack 
is about 72 NM and about 274 NM from Syracuse to the Condor airspace. 
While the 174th FW could conceivably use Condor for its air-to-air 
training, that would add some 400 NM travel distance--about one hour 
flying time--to the sortie and severely limit available training time. 
In addition, some training profiles combine both air-to-air and air-to-
ground events in the same sortie making it more efficient to conduct 
the entire sortie in the Adirondack airspace. At this time, the Condor 
MOA proposal is still under study and it must be analyzed and evaluated 
on its own merit.
    Additionally, AOPA stated its opposition to use of the ``Dynamic 
Airspace concept'' for airspace management as it has yet to be 
developed and defined.
    FAA Response: The ``Dynamic Airspace concept'' was not addressed in 
the NPRM and is not an FAA-recognized term. The NPRM did indicate that 
one feature of the proposed airspace changes was to enable more 
efficient real-time use of the airspace. It is FAA policy that all SUA 
areas be activated on a real-time use basis to the extent possible. 
This means that only those SUA areas, or portions of areas, that are 
actually needed for the mission are activated, and users are expected 
to return the airspace to the controlling agency when not needed for 
the mission. Real-time use provisions are normally specified in a 
letter of agreement to allow the controlling agency to place temporary 
restrictions or altitude limitations on the use of the SUA, if 
required, so that nonparticipating aircraft can transit the SUA area. 
These provisions would be

[[Page 55724]]

applied based on traffic conditions at the time.
    AOPA recommended that the FAA require a charted radio frequency and 
telephone number for all new SUA proposals to enable pilots to obtain 
real-time status information about the airspace. AOPA said that other 
military units, including the ANG's Volk Field in Wisconsin, have 
successfully implemented charted frequencies and phone numbers.
    FAA Response: The FAA agrees with the use of charted frequencies 
and phone numbers where the capabilities exist. The Volk Field Combat 
Readiness Training Center is an advanced operation with multiple radar 
feeds into their facility and a dedicated VHF radio frequency for 
disseminating SUA information. Unfortunately, the Adirondack Airspace 
Complex proponent does not have the same capabilities as Volk Field. 
There is no military radar coverage and no dedicated radio frequency 
located at the ANG facility on Fort Drum to provide those services. 
However, Boston Air Route Traffic Control Center (ARTCC), which is the 
controlling agency for all Adirondack SUA except the Drum MOA and 
Wheeler-Sack Approach Control (Drum MOA controlling agency), will be 
able to provide real-time status for the airspace. Additionally, the 
Eastern Air Defense Sector (EADS), as the scheduling agency for all of 
the airspace, has agreed to provide a phone number for SUA scheduling 
information (1-800-223-5612, Prompt 3).
    AOPA also recommended that the managing unit for the Adirondack 
Airspace Complex be required to use the FAA's Military Airspace Data 
Entry (MADE) SUA scheduling system to ensure that SUA information is 
available to Automated Flight Service Stations and other agencies.
    FAA Response: EADS, the airspace scheduling agency, supports this 
process and plans to use MADE to the maximum extent possible.
    Two commenters objected to the proposal based on the impact on 
flights between the areas to the south and west of the Adirondack 
Airspace Complex MOAs and towns in northern New York, such as Saranac 
Lake and Lake Placid. One commenter was concerned that a convenient VOR 
Federal airway would be eliminated. Another stated that, on Instrument 
Flight Rules (IFR) flights when using GPS for point-to-point direct 
navigation, about 50% of the time, he is vectored off the direct 
routing and sent to V-196. Both individuals feared that the expanded 
MOAs would result in flights being forced further east and directly 
over the highest mountain peaks where the minimum en route altitude is 
10,000 feet mean sea level (MSL). This would result in increased costs 
in both fuel and time and also decrease flight safety by placing the 
aircraft over inhospitable terrain and in an area where the worst icing 
is encountered. Further, the commenter doubted that the proposal to 
open parts of the MOAs for transit by civil aircraft would not be 
realized due to controller staffing and workload issues.
    FAA Response: The FAA acknowledges that the proposed new MOAs may 
have some impact on Visual Flight Rules and IFR traffic flying 
southwest/northeast through the region. However, several mitigations 
were incorporated to minimize the impacts. To better facilitate real-
time use of the airspace, the proposed Tupper North airspace has been 
further spilt into two MOAs: the Tupper West and Tupper Central (the 
proposed Tupper North designation will not be used). The Tupper West 
MOA lies directly over the Cranberry MOA (Note: Cranberry extends from 
500 feet above ground level (AGL) to but not including 6,000 feet MSL). 
The Tupper Central MOA consists of the remainder of what was proposed 
as the Tupper North MOA. This new configuration will provide greater 
flexibility in accommodating both military activity and civil traffic 
in the area. Additionally, the letter of agreement with the using 
agency will provide Boston ARTCC the option to adjust the MOA floor as 
required to allow civil aircraft to traverse the Tupper MOA airspace. 
Despite the MOA expansions, Federal airway V-196 will remain a viable 
means for transiting the area.
    One commenter, who flies an amphibian float plane between 
Rochester, NY, and the Thousand Island region of New York State, wrote 
with concerns about the impact of the airspace changes on the use of 
Maxson Field (89N) and Crystal Lake, within the Drum MOA. The commenter 
had similar concerns about the MOAs being too close to Piseco Airport 
(K09) and the Adirondack Regional Airport, Saranac Lake (SLK). The 
commenter cited the Adirondack D MOA as being too low and too close to 
Maxson and Crystal Lake and suggested that, instead of beginning at 500 
feet AGL, the MOA should be raised to at least 2,000 feet AGL.
    FAA Response: Currently, the closest MOA to Maxson Field is the 
Drum 1 MOA, which extends from 500 AGL to 5,000 feet MSL. The western 
boundary of the existing Drum 1 MOA lies about 2 \1/2\ NM east of the 
airport. With the airspace changes, the Drum 1 MOA is being reduced in 
size and renamed the Drum MOA. The new Drum MOA boundary will be moved 
further eastward increasing the distance from Maxson Field to about 5 
NM, thereby reducing impacts on the airport. Although the commenter 
identified the new Adirondack D MOA as impacting Maxson Field and 
Crystal Lake, we believe the commenter meant Drum MOA. The Adirondack D 
MOA lies east of, and adjacent to, the new Drum MOA and extends upward 
from 5,000 feet MSL up to but not including Flight Level (FL) 180. 
Regarding the concerns about the proximity of the MOAs to the Piseco 
and Saranac Lake airports, the Piseco airport is located about 2 NM 
south of the Tupper South MOA boundary. The floor of the Tupper South 
MOA will vary seasonally ranging from 6,000 feet MSL during November 
through April, to 8,000 feet MSL during May through October. Although 
the new MOA does extend into close proximity to Piseco Field, with its 
field elevation of 1,703 feet MSL, ample airspace should be available 
for traffic patterns and airport arrivals and departures. The 
Adirondack Regional Airport is located directly under the eastern 
boundary of the new Tupper East MOA. The Tupper East MOA, with a floor 
of 10,000 feet MSL, was specifically designed as a separate area in 
order to minimize impacts to the Adirondack Regional Airport. While the 
published floor of the Tupper East MOA will remain at 10,000 feet MSL 
to accommodate the mission when needed, the proponent has agreed that 
Boston ARTCC will routinely limit MOA users to a 12,000 foot floor. 
This will further minimize impacts on civil traffic in the Saranac Lake 
area. If the military mission requires a lower altitude, pilots will 
request the 10,000 foot floor on a real-time basis. Boston ARTCC will 
have the option to approve the request if traffic permits.
    Comments were also received from the Adirondack Mountain Club, The 
Adirondack Council, and the Adirondack Park Agency. These organizations 
expressed support for the various mitigations included in the proposal 
for environmental and cultural impacts, but also noted general concerns 
about the impacts of low level flights and noise. However, no 
significant noise impacts are expected as a result of these airspace 
changes. Generally, noise levels are expected to remain consistent with 
existing levels, or be less across the complex.

Adirondack Airspace Complex MOAs

    MOAs are non-rulemaking airspace actions that are established

[[Page 55725]]

administratively and published in the NFDD. Since they are an integral 
part of the Adirondack Airspace Complex, the MOA changes were described 
in the NPRM and are included in this rule for information purposes.
    The ANG requested the MOA modifications to improve flight safety; 
enable more efficient real-time, joint-use management of the airspace; 
lessen or balance environmental impacts of the current MOA 
configuration; and permit more realistic aircrew training in the 
Adirondack Airspace Complex. Most of the redesigned MOAs are contained 
within airspace that is already designated as MOA. However, these 
modifications do encompass some additional airspace, both laterally and 
vertically, outside the current MOA boundaries to the east and south of 
the currently charted MOAs.
    There are several changes to the descriptions of the MOAs from 
those contained in the proposal. As discussed above, the proposed 
Tupper North MOA is further subdivided into the Tupper West and Tupper 
Central. The Tupper North title will not be used. This change enhances 
the real-time use of airspace and provides air traffic control with 
additional airspace management options. The northern boundary of the 
Cranberry MOA is moved south by \1/2\ NM to avoid conflict with 
protected airspace for instrument procedures at Massena International 
Airport--Richards Field, NY. One common point that is shared in the 
descriptions of the Adirondack B, Adirondack D and Drum MOAs was listed 
differently in the proposed descriptions and is corrected to lat. 
44[deg]19'00'' N., long. 75[deg]37'05'' W. The controlling agency for 
all of the Adirondack airspace, except the Drum MOA, is Boston ARTCC. 
The controlling agency for the Drum MOA is Wheeler-Sack Approach 
Control. The using agency for all of the MOAs is the New York ANG, 
174th Fighter Wing, Detachment 1, Fort Drum, NY.
    In consideration of the above, the nine existing MOAs in the 
Adirondack Airspace Complex (i.e., Drum 1 MOA, Drum 2 MOA, Falcon 1 
MOA, Falcon 3 MOA, Syracuse 1 MOA, Syracuse 2A MOA, Syracuse 2B MOA, 
Syracuse 3 MOA, and Syracuse 4 MOA), are cancelled and are replaced by 
13 new MOAs as follows:

1. Adirondack A MOA, NY [New]

    Boundaries. Beginning at lat. 44[deg]30'00'' N., long. 
75[deg]20'00'' W.; to lat. 44[deg]36'00'' N., long. 75[deg]03'00'' 
W.; to lat. 44[deg]30'00'' N., long. 75[deg]03'00'' W.; to the point 
of beginning.
    Altitudes. 6,000 feet MSL to but not including FL 180.
    Times of use. May 1-August 31: 0800-1700 Monday-Friday; other 
times by NOTAM. September 1-April 30: 0800-2200 Monday-Friday; other 
times by NOTAM.

2. Adirondack B MOA, NY [New]

    Boundaries. Beginning at lat. 44[deg]19'00'' N., long. 
75[deg]37'05'' W.; to lat. 44[deg]26'30'' N., long. 75[deg]30'00'' 
W.; to lat. 44[deg]30'00'' N., long. 75[deg]20'00'' W.; to lat. 
44[deg]30'00'' N., long. 75[deg]03'00'' W.; to lat. 44[deg]27'30'' 
N., long. 75[deg]03'00'' W.; to lat. 44[deg]20'20'' N., long. 
75[deg]10'30'' W.; to lat. 44[deg]15'09'' N., long. 75[deg]30'42'' 
W.; to lat. 44[deg]16'07'' N., long. 75[deg]32'41'' W.; to the point 
of beginning; excluding R-5202B when active.
    Altitudes. 2,500 feet MSL to but not including FL 180.
    Times of use. May 1-August 31: 0800-1700 Monday-Friday; other 
times by NOTAM. September 1-April 30: 0800-2200 Monday-Friday; other 
times by NOTAM.

3. Adirondack C MOA, NY [New]

    Boundaries. Beginning at lat. 44[deg]15'09'' N., long. 
75[deg]30'42'' W.; to lat. 44[deg]20'20'' N., long. 75[deg]10'30'' 
W.; to lat. 44[deg]27'30'' N., long. 75[deg]03'00'' W.; to lat. 
44[deg]06'00'' N., long. 75[deg]03'00'' W.; to lat. 44[deg]06'00'' 
N., long. 75[deg]28'49'' W.; to lat. 44[deg]07'10'' N., long. 
75[deg]26'49'' W.; to lat. 44[deg]11'24'' N., long. 75[deg]22'59'' 
W.; to the point of beginning; excluding R-5202B when active.
    Altitudes. 100 feet AGL to but not including FL 180.
    Times of use. May 1-August 31: 0800-1700 Monday-Friday; other 
times by NOTAM. September 1-April 30: 0800-2200 Monday-Friday; other 
times by NOTAM.

4. Adirondack D MOA, NY [New]

    Boundaries. Beginning at lat. 44[deg]11'50'' N., long. 
75[deg]43'53'' W.; to lat. 44[deg]19'00'' N., long. 75[deg]37'05'' 
W.; to lat. 44[deg]16'07'' N., long. 75[deg]32'41'' W.; to lat. 
44[deg]10'50'' N., long. 75[deg]38'59'' W.; to lat. 44[deg]09'34'' 
N., long. 75[deg]40'00'' W.; to the point of beginning; excluding R-
5202B when active.
    Altitudes. 5,000 feet MSL to but not including FL 180.
    Times of use. May 1-August 31: 0800-1700 Monday-Friday; other 
times by NOTAM. September 1-April 30: 0800-2200 Monday-Friday; other 
times by NOTAM.

5. Carthage East MOA, NY [New]

    Boundaries. Beginning at lat. 44[deg]01'05'' N., long. 
75[deg]37'14'' W.; to lat. 44[deg]06'00'' N., long. 75[deg]28'49'' 
W.; to lat. 44[deg]06'00'' N., long. 75[deg]03'00'' W.; to lat. 
43[deg]53'00'' N., long. 75[deg]03'00'' W.; to lat. 43[deg]53'00'' 
N., long. 75[deg]35'00'' W.; to the point of beginning.
    Altitudes. 100 feet AGL to but not including FL 180.
    Times of use. May 1-August 31: 0800-1700 Monday-Friday; other 
times by NOTAM. September 1-April 30: 0800-2200 Monday-Friday; other 
times by NOTAM.

6. Carthage West MOA, NY [New]

    Boundaries. Beginning at lat. 43[deg]44'00'' N., long. 
75[deg]52'00'' W.; to lat. 44[deg]11'50'' N., long. 75[deg]43'53'' 
W.; to lat. 44[deg]09'34'' N., long. 75[deg]40'00'' W.; to lat. 
44[deg]06'55'' N., long. 75[deg]42'09'' W.; to lat. 44[deg]03'20'' 
N., long. 75[deg]40'49'' W.; to lat. 44[deg]01'05'' N., long. 
75[deg]37'14'' W.; to lat. 43[deg]53'00'' N., long. 75[deg]35'00'' 
W.; to the point of beginning.
    Altitudes. 6,000 feet MSL to but not including FL 180.
    Times of use. May 1-August 31: 0800-1700 Monday-Friday; other 
times by NOTAM. September 1-April 30: 0800-2200 Monday-Friday; other 
times by NOTAM.

7. Cranberry MOA, NY [New]

    Boundaries. Beginning at lat. 44[deg]35'30'' N., long. 
75[deg]03'00'' W.; to lat. 44[deg]36'00'' N., long. 75[deg]00'00'' 
W.; to lat. 44[deg]36'00'' N., long. 74[deg]35'00'' W.; to lat. 
44[deg]15'00'' N., long. 74[deg]35'00'' W.; to lat. 43[deg]53'00'' 
N., long. 75[deg]03'00'' W.; to the point of beginning.
    Altitudes. 500 feet AGL to but not including 6,000 feet MSL.
    Times of use. November 1-April 30: 0800-2200 Monday-Friday; 
other times by NOTAM; May 1-October 31: Area closed.

8. Drum MOA, NY [New]

    Boundaries. Beginning at lat. 44[deg]14'49'' N., long. 
75[deg]49'00'' W.; to lat. 44[deg]19'00'' N., long. 75[deg]44'30'' 
W.; to lat. 44[deg]19'00'' N., long. 75[deg]37'05'' W.; to lat. 
44[deg]16'07'' N., long. 75[deg]32'41'' W.; to lat. 44[deg]10'50'' 
N., long. 75[deg]38'59'' W.; to lat. 44[deg]09'34'' N., long. 
75[deg]40'00'' W.; to the point of beginning.
    Altitudes. 500 feet AGL to but not including 5,000 feet MSL.
    Times of use. May 1-August 31: 0800-1700 Monday-Friday; other 
times by NOTAM. September 1-April 30: 0800-2200 Monday-Friday; other 
times by NOTAM.

9. Lowville MOA, NY [New]

    Boundaries. Beginning at lat. 43[deg]44'00'' N., long. 
75[deg]52'00'' W.; to lat. 43[deg]53'00'' N., long. 75[deg]35'00'' 
W.; to lat. 43[deg]53'00'' N., long. 75[deg]03'00'' W.; to lat. 
43[deg]30'00'' N., long. 75[deg]03'00'' W.; to lat. 43[deg]30'00'' 
N., long. 75[deg]52'00'' W.; to the point of beginning.
    Altitudes. 100 feet AGL to but not including FL 180.
    Times of use. May 1-August 31: 0800-1700 Monday-Friday; other 
times by NOTAM. September 1-April 30: 0800-2200 Monday-Friday; other 
times by NOTAM. [FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][RULES][RULE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/SUBJECT][/
PREAMB][SUPLINF][HED]*[/HED][EXTRACT][P]*[/P]

10. Tupper West MOA, NY [New]

    Boundaries. Beginning at lat. 44[deg]36'00'' N., long. 
75[deg]03'00'' W.; to lat. 44[deg]36'00'' N., long. 74[deg]35'00'' 
W.; to lat. 44[deg]15'00'' N., long. 74[deg]35'00'' W.; to lat. 
43[deg]53'00'' N., long. 75[deg]03'00'' W.; to the point of 
beginning.
    Altitudes. May 1-October 31: 8,000 feet MSL to but not including 
FL 180; November 1-April 30: 6,000 feet MSL to but not including FL 
180.
    Times of use. May 1-August 31: 0800-1700 Monday-Friday; other 
times by NOTAM. September 1-April 30: 0800-2200 Monday-Friday; other 
times by NOTAM.

11. Tupper Central MOA, NY [New]

    Boundaries. Beginning at lat. 44[deg]36'00'' N., long. 
74[deg]35'00'' W.; to lat. 44[deg]36'00'' N., long. 74[deg]21'00'' 
W.; to lat. 44[deg]14'00'' N., long. 74[deg]21'00'' W.; to lat. 
44[deg]06'00'' N., long. 74[deg]12'00'' W.; to lat. 43[deg]53'00'' 
N., long. 74[deg]12'00'' W.; to lat. 43[deg]53'00'' N., long. 
75[deg]03'00'' W.; to lat. 44[deg]15'00'' N., long. 74[deg]35'00'' 
W.; to the point of beginning.
    Altitudes. May 1-October 31: 8,000 feet MSL to but not including 
FL 180; November

[[Page 55726]]

1-April 30: 6,000 feet MSL to but not including FL 180.
    Times of use. May 1-August 31: 0800-1700 Monday-Friday; other 
times by NOTAM. September 1-April 30: 0800-2200 Monday-Friday; other 
times by NOTAM.

12. Tupper South MOA, NY [New]

    Boundaries. Beginning at lat. 43[deg]53'00'' N., long. 
75[deg]03'00'' W.; to lat. 43[deg]53'00'' N., long. 74[deg]12'00'' 
W.; to lat. 43[deg]40'00'' N., long. 74[deg]12'00'' W.; to lat. 
43[deg]30'00'' N., long. 74[deg]21'00'' W.; to lat. 43[deg]30'00'' 
N., long. 75[deg]03'00'' W.; to the point of beginning.
    Altitudes. May 1-October 31: 8,000 feet MSL to but not including 
FL 180; November 1-April 30: 6,000 feet MSL to but not including FL 
180.
    Times of use. May 1-August 31: 0800-1700 Monday-Friday; other 
times by NOTAM. September 1-April 30: 0800-2200 Monday-Friday; other 
times by NOTAM.

13. Tupper East MOA, NY [New]

    Boundaries. Beginning at lat. 44[deg]36'00'' N., long. 
74[deg]21'00'' W.; to lat. 44[deg]36'00'' N., long. 74[deg]12'00'' 
W.; to lat. 44[deg]06'00'' N., long. 74[deg]12'00'' W.; to lat. 
44[deg]14'00'' N., long. 74[deg]21'00'' W.; to the point of 
beginning.
    Altitudes. 10,000 feet MSL to but not including FL 180.
    Times of use. May 1-August 31: 0800-1700 Monday-Friday; other 
times by NOTAM. September 1-April 30: 0800-2200 Monday-Friday; other 
times by NOTAM.

The Rule

    The FAA is amending Title 14 Code of Federal Regulations (14 CFR) 
part 73 to establish two new restricted areas, R-5202A and R-5202B, in 
the vicinity of Fort Drum, NY. The new restricted areas supplement the 
existing restricted area, R-5201, to enable aircrews to train in high 
altitude, long range weapons delivery and other modern tactics at the 
Adirondack Range. In the NPRM, the FAA also proposed to change the 
designated altitudes of R-5201 from ``Surface to 23,000 feet MSL,'' to 
``Surface to but not including 23,000 feet MSL.'' After further 
discussions between the controlling agency and the proponent, it was 
determined that this change is not needed; therefore, R-5201 will not 
be modified as proposed. As a result, the proposed FL 230 base altitude 
of the new restricted area, R-5202A, which overlies R-5201, is changed 
to 23,000 feet MSL to be consistent with the ceiling of R-5201. In 
addition, the NPRM contained an incorrect date in the time of 
designation for R-5202A and R-5202B. The portion of the time of 
designation stated in the NPRM as ``May 1-August 21'' should read ``May 
1-August 31.'' The correct dates are included in this rule. Except as 
noted above, the restricted area descriptions are the same as proposed 
in the NPRM.
    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 special use airspace in New York.

Environmental Review

    The FAA has determined that the Final Environmental Assessment 
(FEA) prepared by the Air National Guard associated with the proposed 
project is adequate for adoption in accordance with FAA Order 1050.1E, 
``Environmental Impacts: Policies and Procedures,'' Paragraph 404d. The 
FAA has independently evaluated the information contained in the FEA 
and takes full responsibility for the scope and content that addresses 
FAA actions. Further, the FAA has issued its own Finding of No 
Significant Impact.

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.  73.52  [Amended]

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2. Sec.  73.52 is amended as follows:
* * * * *

R-5202A Fort Drum, NY [New]

    Boundaries. Beginning at lat. 44[deg]01'05'' N., long. 
75[deg]37'14'' W.; to lat. 44[deg]03'20'' N., long. 75[deg]40'49'' 
W.; to lat. 44[deg]06'55'' N., long. 75[deg]42'09'' W.; to lat. 
44[deg]10'50'' N., long. 75[deg]38'59'' W.; to lat. 44[deg]16'07'' 
N., long. 75[deg]32'41'' W.; to lat. 44[deg]11'24'' N., long. 
75[deg]22'59'' W.; to lat. 44[deg]07'10'' N., long. 75[deg]26'49'' 
W.; to the point of beginning.
    Designated altitudes. 23,000 feet MSL to FL 290.
    Time of designation. May 1-August 31: 0800-1700 local time, 
Monday-Friday; other times by NOTAM. September 1-April 30: 0800-2200 
local time, Monday-Friday; other times by NOTAM.
    Controlling agency. FAA, Boston ARTCC.
    Using agency. NY ANG, 174FW/Det 1, Fort Drum, NY.
* * * * *

R-5202B Fort Drum, NY [New]

    Boundaries. Beginning at lat. 44[deg]10'18'' N., long. 
75[deg]41'18'' W.; to lat. 44[deg]20'32'' N., long. 75[deg]32'04'' 
W.; to lat. 44[deg]14'00'' N., long. 75[deg]17'00'' W.; to lat. 
44[deg]06'00'' N., long. 75[deg]25'10'' W.; to lat. 44[deg]06'00'' 
N., long. 75[deg]28'49'' W.; to lat. 44[deg]07'10'' N., long. 
75[deg]26'49'' W.; to lat. 44[deg]11'24'' N., long. 75[deg]22'59'' 
W.; to lat. 44[deg]16'07'' N., long. 75[deg]32'41'' W.; to lat. 
44[deg]10'50'' N., long. 75[deg]38'59'' W.; to lat. 44[deg]09'34'' 
N., long. 75[deg]40'00'' W.; to the point of beginning.
    Designated altitudes. 6,000 feet MSL to FL 290.
    Time of designation. May 1-August 31: 0800-1700 local time, 
Monday-Friday; other times by NOTAM. September 1-April 30: 0800-2200 
local time, Monday-Friday; other times by NOTAM.
    Controlling agency. FAA, Boston ARTCC.
    Using agency. NY ANG, 174FW/Det 1, Fort Drum, NY.
* * * * *

    Issued in Washington, DC, on September 12, 2008.
Edith V. Parish,
Manager, Airspace & Rules Group.
 [FR Doc. E8-22646 Filed 9-25-08; 8:45 am]
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