[Federal Register Volume 74, Number 177 (Tuesday, September 15, 2009)]
[Proposed Rules]
[Pages 47150-47152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22139]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2009-0700; Airspace Docket No. 09-AWP-4]
RIN 2120-AA66


Proposed Modification of Restricted Areas and Other Special Use 
Airspace; Fallon, NV

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the time of designation and 
using agency of nine restricted areas located in the vicinity of the 
Fallon Naval Air Station (NAS), Fallon, NV, as part of a Department of 
the Navy initiative to standardize the operating hours throughout the 
Fallon Airspace Complex. The times of use are being expanded to meet 
the critical need of the Navy for additional nighttime training, and 
the using agency changes are administrative in accordance with a Navy 
realignment of functions. Additionally, this action would modify the 
times of use of the four military operation areas (MOAs) in the Fallon 
Airspace Complex. Unlike restricted areas, which are designated under 
14 CFR part 73, MOAs are not rulemaking airspace actions. However, 
since the MOAs form an integral part of the Fallon Airspace Complex the 
FAA is also seeking comment on the proposed MOA changes through this 
NPRM. The MOA changes described here will also be published in the 
National Flight Data Digest (NFDD). The Navy requested these airspace 
changes to provide additional night training time to meet combat 
readiness requirements currently being carried out in accordance with 
14 CFR 99.7.

DATES: Comments must be received on or before October 30, 2009.

ADDRESSES: Send comments on the proposal to the U.S. Department of 
Transportation, Dockets Operations, M-30, 1200 New Jersey Avenue, SE., 
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001; 
telephone: (202) 366-9826. You must identify FAA docket No. FAA-2009-
0700 and Airspace Docket No. 09-AWP-4, at the beginning of your 
comments. You may also submit comments on the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ken McElroy, 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:

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments as they 
may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No. 
FAA-2009-0700 and Airspace Docket No. 09-AWP-4) and be submitted in 
triplicate to the Federal Docket Management System (see ADDRESSES 
section for address and phone number). You may also submit comments 
through the Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments 
on this action must submit with those comments a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to FAA Docket No. FAA-2009-0700 and Airspace Docket No. 09-AWP-4.'' The 
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date 
for comments will be considered before taking action on the proposed 
rule. The proposal contained in this action may be changed in light of 
comments received. All comments submitted will be available for 
examination in the public docket both before and after the closing date 
for comments. A report summarizing each substantive public contact with 
FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the 
Internet at http://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publicaitons/airspace_amendments/.
    You may review the public docket containing the proposal, any 
comments received and any final disposition in person in the Dockets 
Office (see ADDRESSES section for address and

[[Page 47151]]

phone number) between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. An informal docket may also be examined during normal 
business hours at the office of the Western Service Center, Operations 
Support Group, Federal Aviation Administration, 1601 Lind Avenue, SW., 
Renton, WA 98055.
    Persons interested in being placed on a mailing list for future 
NPRMs should contact the FAA's Office of Rulemaking, (202) 267-9677, 
for a copy of Advisory Circular No. 11-2A, Notice of Proposed 
Rulemaking Distribution System, which describes the application 
procedure.

Background

    The Fallon Airspace Complex consists of nine restricted areas and 
four MOAs in the vicinity of the Fallon NAS, NV. Restricted areas are 
regulatory airspace designations, under Title 14 Code of Federal 
Regulations (CFR) part 73, which are established to confine or 
segregate activities considered hazardous to non-participating 
aircraft. A MOA is a non-rulemaking type of special use airspace (SUA) 
established to separate or segregate certain non-hazardous military 
flight activities from aircraft operating in accordance with instrument 
flight rules (IFR), and to identify for visual flight rules (VFR) 
pilots where those activities are conducted. IFR aircraft may be routed 
through an active MOA only when air traffic control can provide 
approved separation from the MOA activity. VFR pilots are not 
restricted from flying in an active MOA, but are advised to exercise 
caution while doing so.
    Unlike restricted areas, which are designated through rulemaking 
procedures, MOAs are non-rulemaking airspace areas that are established 
administratively and published in the NFDD. Normally, MOA proposals are 
not published in an NPRM, but instead, are advertised for public 
comment through a nonrule circular that is distributed by an FAA 
Service Center office to aviation interests in the affected area. 
However, when a non-rulemaking action is connected to a rulemaking 
action, FAA procedures allow for the non-rulemaking proposal to be 
included in the NPRM. In such cases, the NPRM replaces the nonrule 
circularization requirement. Because the proposed MOAs are an integral 
part of the Fallon Airspace Complex, they are being included in this 
NPRM.
    Approximately eighty percent of the current combat missions are 
flown at night. It is critical that forces train in realistic 
environments and the current times of use of the Fallon Airspace 
Complex does not adequately support the Navy's needs.
    The proposed SUA changes are described in the following sections.

Proposed MOA Changes

Churchill Low MOA, NV
    Times of use. 0715 to 2245 Monday through Friday and 0800 to 1800 
Saturday; other times by NOTAM.
Churchill High MOA, NV
    Times of use. 0715 to 2245 Monday through Friday and 0800 to 1800 
Saturday; other times by NOTAM.
Ranch High MOA, NV
    Times of use. 0715 to 2245 Monday through Friday and 0800 to 1800 
Saturday; other times by NOTAM.
Ranch MOA, NV
    Times of use. 0715 to 2245 Monday through Friday and 0800 to 1800 
Saturday; other times by NOTAM.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 73 to modify the 
designated times of use to restricted areas R-4803, Fallon; R-4804A & 
B, Twin Peaks; R-4810, Desert Mountain; R-4812, Sand Springs; R-4813A & 
B, Carson Sink; and R-4816 North & South, Dixie Valley, NV. These 
changes are part of the Fallon NAS proposal. Specifically, the FAA is 
proposing changing the current wording to include the phrase ``other 
times by NOTAM''. This would allow the Navy to train between 2330 hours 
and 0715 hours local to meet their training requirements. The Navy is 
currently meeting these night training requirements in accordance with 
14 CFR 99.7, Special Security Instructions. This action also would 
reflect the using agency name change to USN, Naval Strike and Air 
Warfare Center, Fallon, NV.
    The FAA has determined that this proposed 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 proposed 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.
    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.
    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 proposes to modify restricted area airspace at Fallon NAS, 
Fallon, NV.

Environmental Review

    This proposal will be subjected to the appropriate environmental 
analysis in accordance with FAA Order 1050.1E, ``Environmental Impacts: 
Policies and Procedures,'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 14 CFR part 73 as follows:

PART 73--SPECIAL USE AIRSPACE

    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.  73.48  [Amended]

    2. 73.48 is amended as follows:
* * * * *

R-4803 Fallon, NV [Amended]

* * * * *
    By removing the current times of designation and using agency 
and substituting the following:
    Time of designation. 0715 to 2330 local time daily; other times 
by NOTAM.
    Using agency. USN, Naval Strike and Air Warfare Center, Fallon, 
NV.

R-4804A Twin Peaks, NV [Amended]

* * * * *
    By removing the current times of designation and using agency 
and substituting the following:
    Time of designation. 0715 to 2330 local time daily; other times 
by NOTAM.

[[Page 47152]]

    Using agency. USN, Naval Strike and Air Warfare Center, Fallon, 
NV.

R-4804B Twin Peaks, NV [Amended]

* * * * *
    By removing the current times of designation and using agency 
and substituting the following:
    Time of designation. Intermittent by NOTAM 0715 to 2330 local 
time daily; other times by NOTAM.
    Using agency. USN, Naval Strike and Air Warfare Center, Fallon, 
NV.
* * * * *

R-4810 Desert Mountains, NV [Amended]

* * * * *
    By removing the current times of designation and using agency 
and substituting the following:
    Time of designation. 0715 to 2330 local time daily; other times 
by NOTAM
    Using agency. USN, Naval Strike and Air Warfare Center, Fallon, 
NV.
* * * * *

R-4812 Sand Springs, NV [Amended]

    By removing the current times of designation and using agency 
and substituting the following:
    Time of designation. 0715 to 2330 local time daily; other times 
by NOTAM
    Using agency. USN, Naval Strike and Air Warfare Center, Fallon, 
NV.

R-4813A Carson Sink, NV [Amended]

* * * * *
    By removing the current times of designation and using agency 
and substituting the following:
    Time of designation. 0715 to 2330 local time daily; other times 
by NOTAM
    Using agency. USN, Naval Strike and Air Warfare Center, Fallon, 
NV.

R-4813B Carson Sink, NV [Amended]

* * * * *
    By removing the current times of designation and using agency 
and substituting the following:
    Time of designation. Intermittent by NOTAM 0715 to 2330 local 
time daily; other times by NOTAM.
    Using agency. USN, Naval Strike and Air Warfare Center, Fallon, 
NV.

R-4816N Dixie Valley, NV [Amended]

* * * * *
    By removing the current times of designation and using agency 
and substituting the following:
    Time of designation. 0715 to 2330 local time daily; other times 
by NOTAM
    Using agency. USN, Naval Strike and Air Warfare Center, Fallon, 
NV.

R-4816S Dixie Valley, NV [Amended]

* * * * *
    By removing the current times of designation and using agency 
and substituting the following:
    Time of designation. 0715 to 2330 local time daily; other times 
by NOTAM
    Using agency. USN, Naval Strike and Air Warfare Center, Fallon, 
NV.
* * * * *

    Issued in Washington, DC, on September 2, 2009.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. E9-22139 Filed 9-14-09; 8:45 am]
BILLING CODE 4910-13-P