[Federal Register Volume 79, Number 186 (Thursday, September 25, 2014)]
[Proposed Rules]
[Pages 57486-57489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22880]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2014-0639; Airspace Docket No. 13-ASW-20]
RIN 2120-AA66


Proposed Modification of Restricted Areas R-3804A, R-3804B, and 
R-3804C; Fort Polk, LA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to expand the lateral boundary of

[[Page 57487]]

restricted area R-3804B, Fort Polk, LA, and raise the restricted area 
ceiling to, but not including 10,000 feet mean sea level (MSL). The 
expanded restricted airspace would be used to contain new live fire 
ranges and support mission requirements of the U.S. Army in order to 
fully exploit the capabilities of modern weapons systems and complex 
training scenarios that replicate the conditions encountered during 
military deployments today. This action also proposes time of 
designation changes to R-3804A and R-3804B to better reflect when the 
restricted areas are required and in use by the U.S. Army and when the 
airspace is available for use by nonparticipants. This action would 
incorporate editorial corrections to the R-3804A, R-3804B, and R-3804C 
legal descriptions.

DATES: Comments must be received on or before November 10, 2014.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
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-2014-
0639 and Airspace Docket No. 13-ASW-20, at the beginning of your 
comments. You may also submit comments through the Internet at 
www.regulations.gov. Comments on environmental and land use aspects 
should be directed to: Elizabeth Hoyt, Ecologist, DPW ENRMD 
Conservation Branch, 1697 23rd Street, Building 2543, Fort Polk, LA 
71459, phone 337-531-1363.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace Policy and 
Regulations 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-2014-0639 and Airspace Docket No. 13-ASW-20) 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 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-2014-0639 and Airspace Docket No. 13-ASW-20.'' 
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 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, Central 
Service Center, Federal Aviation Administration, 2601 Meacham Blvd., 
Fort Worth, TX 76137.
    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

    Joint Readiness Training Center (JRTC) Fort Polk, located in Fort 
Polk, LA, is one of two U.S. Army training sites for conducting 
realistic force on force exercises. Units typically rotate through Fort 
Polk as one of their final preparations for deployments worldwide. The 
Fort Polk training environment allows the integration of ground and air 
forces using the most modern weapons and tactics in highly complex 
scenarios. Much of the training is accomplished with live ordinance 
that possess capabilities which exceed the current dimensions of R-
3804B.
    In order to fully exploit the capabilities of modern weapons 
systems and provide the required training scenarios that replicate 
conditions encountered during deployments today, it is necessary to 
expand R-3804B laterally and vertically. New weapons ranges planned for 
use would contain hazardous artillery and mortar fires reaching a 
maximum altitude of 9,400 feet MSL. Planned firing ranges would also 
present a vertical hazard to nonparticipants above the current R-3804B 
ceiling of 3,000 feet MSL. Several of these planned ranges are located 
within the proposed lateral expansion of R-3804B, outside the existing 
restricted area boundary, and would enable employment of the weapon 
systems at realistic distances from the target. The proposed airspace 
expansion would also permit the use of non-eye safe targeting lasers 
from airborne platforms at distances that replicate modern combat 
tactics.
    The land underlying the proposed lateral expansion of R-3804B is 
owned by the U.S. Army and the proposed vertical expansion of the 
restricted area would continue to be contained within the Warrior 1 Low 
and Warrior 1 High Military Operations Areas (MOAs), which rise upward 
from 100 feet above the ground to flight level (FL) 180. Additionally, 
R-3804A abuts the proposed expansion of R-3804B immediately to the east 
and rises from the surface to FL 180; thus, creating a shadow in which 
the proposed R-3804B would lie.
    Currently, R-3804B lacks the lateral and vertical dimensions 
necessary to contain the extended weapons employment ranges and 
altitudes, and laser training profiles, used today in combat 
operations. This deficiency reduces the U.S. Army's mission integration 
training in the employment of air and ground units during the final 
stages of deployment preparation. The proposed expansion of R-3804B 
would provide the necessary live-fire capability supporting modern 
combat tactics and is critical to conducting realistic full mission 
profile training.
    Upon review of the R-3804 restricted area complex, additional 
proposed amendments to the time of designation of R-3804A and R-3804B 
were identified to better reflect when the restricted areas are 
required and in use by the U.S. Army and when the airspace is no longer 
required for its designated purpose. And, editorial changes to correct 
the R-3804A, R-3804B, and R-

[[Page 57488]]

3804C using agency information were also identified.
    The proposed amendments to R-3804A, R-3804B, and R-3804C are 
addressed below.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 73 to expand the 
lateral and vertical dimensions of restricted area R-3804B, Fort Polk, 
LA. The proposed R-3804B would be the minimum size required for 
containing hazardous mortar, gunnery, and non-eye safe laser targeting 
activities conducted there. The actual usage of the restricted area is 
estimated to be continuous for two weeks out of each month during JRTC 
military rotations. The proposed R-3804B amendments are described 
below.
    The proposed R-3804B boundary would extend the current eastern 
boundary northward to match the northwestern corner of R-3804A at 
31[deg]08'43'' N. latitude. The northern boundary would then begin at 
that matched northwestern corner of R-3804A and run west along the 
31[deg]08'43'' N. latitude to intercept the 93[deg]11'00'' W. 
longitude. The proposed R-3804B western boundary would then begin at 
that intercepted point (lat. 31[deg]08'43'' N., long. 93[deg]11'00'' 
W.) and run southward along the 93[deg]11'00'' W. longitude to 
intercept the northern boundary of the current R-3804B at lat. 
31[deg]04'56'' N., long. 93[deg]11'00'' W. The remaining R-3804B 
boundary information would be unchanged.
    The proposed R-3804B designated altitudes would be changed from 
``surface to 3,000 feet MSL'' to ``surface to but not including 10,000 
feet MSL.'' This is necessary to ensure containment of the hazardous 
artillery and mortar fires with a maximum altitude of 9,400 feet MSL.
    Additionally, the proposed time of designation for the amended R-
3804B would be changed from ``Continuous'' to ``By NOTAM.'' During 
periods when the proposed restricted area is not needed by the using 
agency for its designated purpose, the airspace would be returned to 
the controlling agency for access by other airspace users. This 
proposed amendment would ensure the restricted area is available to the 
U.S. Army when needed, continuously during training rotations, and 
provide a better indication to nonparticipants when the R-3804B 
airspace is active and when it is available for use by the public.
    Similarly, the proposed time of designation for R-3804A would be 
changed from ``Continuous'' to ``By NOTAM'' to match the proposed R-
3804B time of designation. Again, during periods when the restricted 
area is not needed by the using agency for its designated purpose, the 
airspace would be returned to the controlling agency for access by 
other airspace users. This proposed amendment would ensure R-3804A is 
available to the U.S. Army when needed, continuously during training 
rotations, and provide a better indication to nonparticipants when the 
R-3804A airspace is active and when it is available for use by the 
public.
    Lastly, this action proposes administrative changes to the using 
agency name for R-3804A, R-3804B, and R-3804C to incorporate the 
military service component of the using agency in the using agency name 
and to the designated altitudes and time of designation for R-3804C to 
remove unnecessary verbiage. The using agency information change for 
the three restricted areas would simply preface the existing using 
agency information with ``U.S. Army.'' The designated altitudes 
information change for R-3804C would remove the word ``up'' and the 
time of designation information change for R-3804C would remove the 
words ``As published.'' These are purely administrative changes that do 
not affect the scheduling, use, or activities conducted within the 
restricted areas.
    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 would modify the restricted area airspace at Fort Polk, 
Louisiana, to enhance aviation safety and accommodate essential U.S. 
Army training requirements.

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.  73.38  Louisiana (Amended)

0
2. Sec.  73.38 is amended as follows:
* * * * *

R-3804A Fort Polk, LA (Amended)

    Boundaries. Beginning at lat. 31[deg]00'53'' N., long. 
93[deg]08'12'' W.; to lat. 31[deg]00'53'' N., long. 92[deg]56'53'' W.; 
to lat. 31[deg]00'20'' N., long. 92[deg]56'14'' W.; to lat. 
31[deg]00'20'' N., long. 92[deg]54'23'' W.; to lat. 31[deg]03'55'' N., 
long. 92[deg]51'34'' W.; to lat. 31[deg]09'35'' N., long. 
92[deg]58'25'' W.; to lat. 31[deg]09'35'' N., long. 93[deg]00'56'' W.; 
to lat. 31[deg]08'43'' N., long. 93[deg]01'55'' W.; to lat. 
31[deg]08'43'' N., long. 93[deg]08'12'' W.; to the point of beginning.
    Designated altitudes. Surface to FL 180.
    Time of designation. By NOTAM.
    Controlling agency. FAA, Houston ARTCC.
    Using agency. U.S. Army, Commanding General, Fort Polk, LA.

R-3804B Fort Polk, LA (Amended)

    Boundaries. Beginning at lat. 31[deg]00'53'' N., long. 
93[deg]10'53'' W.; to lat. 31[deg]00'53'' N., long. 93[deg]08'12'' W.; 
to lat. 31[deg]08'43'' N., long. 93[deg]08'12'' W.; to lat. 
31[deg]08'43'' N., long. 93[deg]11'00'' W.; to lat. 31[deg]04'56'' N., 
long. 93[deg]11'00'' W.; to lat. 31[deg]04'15'' N., long. 
93[deg]12'31'' W.; to the point of beginning.

[[Page 57489]]

    Designated altitudes. Surface to but not including 10,000 feet MSL.
    Time of designation. By NOTAM.
    Controlling agency. FAA, Houston ARTCC.
    Using agency. U.S. Army, Commanding General, Fort Polk, LA.

R-3804C Fort Polk, LA (Amended)

    Boundaries. Beginning at lat. 31[deg]00'53'' N., long. 
93[deg]08'12'' W.; to lat. 31[deg]00'53'' N., long. 92[deg]56'53'' W.; 
to lat. 31[deg]00'20'' N., long. 92[deg]56'14'' W.; to lat. 
31[deg]00'20'' N., long. 92[deg]54'23'' W.; to lat. 31[deg]03'55'' N., 
long. 92[deg]51'34'' W.; to lat. 31[deg]09'35'' N., long. 
92[deg]58'25'' W.; to lat. 31[deg]09'35'' N., long. 93[deg]00'56'' W.; 
to lat. 31[deg]08'43'' N., long. 93[deg]01'55'' W.; to lat. 
31[deg]08'43'' N., long. 93[deg]08'12'' W.; to the point of beginning.
    Designated altitudes. FL 180 to but not including FL 350.
    Time of designation. By NOTAM 24 hours in advance.
    Controlling agency. FAA, Houston ARTCC.
    Using agency. U.S. Army, Commanding General, Fort Polk, LA.

    Issued in Washington, DC, on September 18, 2014.
Paul Gallant,
Acting Manager, Airspace Policy and Regulations Group.
[FR Doc. 2014-22880 Filed 9-24-14; 8:45 am]
BILLING CODE 4910-13-P