[Federal Register Volume 78, Number 190 (Tuesday, October 1, 2013)]
[Proposed Rules]
[Pages 60238-60240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23951]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2013-0729; Airspace Docket No. 13-AEA-14]


Proposed Modification and Establishment of Restricted Areas; 
Aberdeen Proving Ground, MD

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish a new restricted area, 
designated R-4001C, within the existing restricted areas R-4001A and R-
4001B, at the U.S. Army's Aberdeen Proving Ground in Maryland. The 
purpose of the proposed R-4001C is to contain two moored balloons, 
called Aerostats that would be airborne continuously at approximately 
10,000 feet MSL. This action would segregate nonparticipating aircraft 
from a hazard to navigation in the Aberdeen Proving Ground airspace.

DATES: Comments must be received on or before November 15, 2013.

ADDRESSES: Send comments on this proposal to the U.S. Department of

[[Page 60239]]

Transportation, Docket 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-2013-
0729 and Airspace Docket No. 13-AEA-14, at the beginning of your 
comments. You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy and ATC 
Procedures Group, Office of Airspace Services, 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-2013-0729 and Airspace Docket No. 13-AEA-14) and be submitted in 
triplicate to the 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-2013-0729 and Airspace Docket No. 13-AEA-14.'' 
The postcard will be date/time stamped and returned to the commenter.
    Comments on environmental and land use aspects to should be 
directed to: U.S. Army Corps of Engineers, Baltimore District, 10 South 
Howard Street, Baltimore, MD 21201.
    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.
    You may review the public docket containing the proposal, any 
comments received and any final disposition in person at the Dockets 
Office (see ADDRESSES section for address and phone number) between 
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal 
holidays. An informal docket may also be examined during normal 
business hours at the office of the Operations Support Group, Eastern 
Service Center, Federal Aviation Administration, 1701 Columbia Ave., 
College Park, GA 30337.
    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 U.S. Army requested that the FAA establish a new restricted 
area, designated R-4001C, within restricted areas R-4001A and R-4001B 
at Aberdeen Proving Ground, MD, to contain two moored balloons called 
Aerostats. The Aerostat is a 243-foot long balloon that resembles a 
blimp in appearance. The balloons would be moored to the ground by 
cables and would operate at 9,950 feet MSL. The Aerostats would be 
airborne 24 hours per day, seven days per week, except for periods when 
maintenance is required or the winds exceed 60 knots. Lighting of the 
mooring cables is not practical due to technical design issues; 
therefore, this activity is deemed to be a hazard to navigation and 
must be contained within restricted airspace.

Aberdeen Restricted Airspace Structure

    Restricted airspace at Aberdeen Proving Ground consists of two 
areas: R-4001A and R-4001B. R-4001A, the larger of the two, has 
variable altitudes based on the time of day. R-4001A extends from the 
surface to unlimited altitude from 0700 to 2400 local time. It extends 
from the surface up to 10,000 feet MSL from 0000 to 0700 local time. 
However, higher altitudes may be used between 0000 and 0700 local time 
when a Notice to Airmen (NOTAM) is issued 24 hours in advance. R-4001B 
abuts the southwest end of R-4001A. R-4001B extends from the surface to 
10,000 feet MSL. It also may be used to higher altitudes by NOTAM 
issued 24 hours in advance. The time of designation for R-4001B is 
``Intermittent as activated by NOTAM 24 hours in advance.'' Both R-
4001A and R-4001B are ``joint-use'' restricted areas. This means that 
the restricted areas may be released, in whole or in part, to the FAA 
controlling agency when the airspace is not needed by the using agency.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 73 to establish a 
new restricted area, designated R-4001C, within the confines of 
restricted areas R-4001A and R-4001B, Aberdeen Proving Ground, MD. R-
4001C would consist of a rectangular area approximately 4.5 NM by 2 NM 
extending from the surface to 10,000 feet MSL. The time of designation 
for R-4001C would be ``continuous.'' Because the balloons would be 
airborne 24 hours per day (except for periods as noted above), R-4001C 
would not be a joint-use restricted area. R-4001A and R-4001B would 
continue to be joint-use areas as described above.
    R-4001C would be established totally within existing restricted 
airspace. To accommodate this, the internal dividing line between R-
4001A and R-4001B would be realigned to southwest by less than one 
nautical mile. This would expand R-4001A slightly into R-4001B so that 
the proposed R-4001C would be kept inside the modified R-4001A 
boundary. These changes would be fully contained within the present 
overall outer boundary and vertical limits of R-4001A and R-4001B. In 
addition, an editorial change would be made to the using agency name 
for R-4001A and R-4001B for standardization.
    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 
only affects air traffic procedures and air navigation, it is certified 
that this proposed rule, when promulgated, does not have a significant 
economic impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act.

[[Page 60240]]

    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 would modify restricted airspace to support Department of Defense 
requirements, at Aberdeen Proving Grounds, MD.

Environmental Review

    This proposal will be subjected to an 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

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.  73.40  [Amended]

0
2. Sec.  73.40 is amended as follows:
* * * * *

1. R-4001A Aberdeen, MD [Amended]

    By removing the current boundaries and using agency and inserting 
the following:
    Boundaries. Beginning at lat. 39[deg]30'30'' N., long. 
076[deg]09'59'' W.; to lat. 39[deg]29'00'' N., long. 076[deg]07'59'' 
W.; to lat. 39[deg]29'30'' N., long. 076[deg]04'59'' W.; to lat. 
39[deg]27'00'' N., long. 076[deg]00'29'' W.; to lat. 39[deg]19'47'' N., 
long. 076[deg]11'33'' W.; to lat. 39[deg]17'30'' N., long. 
076[deg]12'58'' W.; to lat. 39[deg]16'24'' N., long. 076[deg]16'17'' 
W.; to lat. 39[deg]17'13'' N., long. 076[deg]18'48'' W.; to lat. 
39[deg]18'42'' N., long. 076[deg]18'48'' W.; to lat. 39[deg]20'03'' N., 
long. 076[deg]20'30'' W.; to lat. 39[deg]19'56'' N., long. 
076[deg]21'02'' W.; to lat. 39[deg]20'39'' N., long. 076[deg]21'59'' 
W.; to lat. 39[deg]22'00'' N., long. 076[deg]21'59'' W.; to lat. 
39[deg]23'28'' N., long. 076[deg]20'39'' W.; to lat. 39[deg]26'10'' N., 
long. 076[deg]14'49'' W.; to lat. 39[deg]27'00'' N., long. 
076[deg]12'29'' W.; to the point of beginning, excluding R-4001C.
    Using agency. U.S. Army, Commander, Aberdeen Proving Ground, MD.

2. R-4001B Aberdeen, MD [Amended]

    By removing the current boundaries and using agency and inserting 
the following:
    Boundaries. Beginning at lat. 39[deg]17'30'' N., long. 
076[deg]12'58'' W.; to lat. 39[deg]12'10'' N., long. 076[deg]16'29'' 
W.; to lat. 39[deg]12'45'' N., long. 076[deg]22'29'' W.; to lat. 
39[deg]17'30'' N., long. 076[deg]19'44'' W.; to lat. 39[deg]18'30'' N., 
long. 076[deg]21'59'' W.; to lat. 39[deg]20'39'' N., long. 
076[deg]21'59'' W.; to lat. 39[deg]19'56'' N., long. 076[deg]21'02'' 
W.; to lat. 39[deg]20'03'' N., long. 076[deg]20'30'' W.; to lat. 
39[deg]18'42'' N., long. 076[deg]18'48'' W.; to lat. 39[deg]17'13'' N., 
long. 076[deg]18'48'' W.; to lat. 39[deg]16'24'' N., long. 
076[deg]16'17'' W.; to the point of beginning.
    Using agency. U.S. Army, Commander, Aberdeen Proving Ground, MD.

3. R-4001C Aberdeen, MD [New]

    Boundaries. Beginning at lat. 39[deg]21'50'' N., long. 
076[deg]21'59'' W.; to lat. 39[deg]23'01'' N., long. 076[deg]16'35'' 
W.; to lat. 39[deg]21'04'' N., long. 076[deg]15'52'' W.; to lat. 
39[deg]19'56'' N., long. 076[deg]21'02'' W.; to lat. 39[deg]20'39'' N., 
long. 076[deg]21'59'' W.; to the point of beginning.
    Designated altitudes. Surface 10,000 feet MSL.
    Time of designation. Continuous.
    Controlling agency. FAA, Potomac TRACON.
    Using agency. U.S. Army, Commander, Aberdeen Proving Ground, MD.

    Issued in Washington, DC, on September 24, 2013.
Gary A. Norek,
Manager, Airspace Policy and ATC Procedures Group.
[FR Doc. 2013-23951 Filed 9-30-13; 8:45 am]
BILLING CODE 4910-13-P