[Federal Register Volume 80, Number 158 (Monday, August 17, 2015)]
[Proposed Rules]
[Pages 49181-49184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20277]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2014-0370; Airspace Docket No. 14-ASO-2]
RIN 2120-AA66


Proposed Redesignation and Expansion of Restricted Area R-4403; 
Gainesville, MS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM).

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SUMMARY: This SNPRM amends the notice of proposed rulemaking (NPRM) 
published in the Federal Register on July 10, 2014, proposing to 
redesignate and expand restricted area R-4403, Gainesville, MS, by 
changing the parameters of some restricted area subareas. The changes 
would include expanding the time of designation, modifying some 
restricted area lateral and vertical boundaries, and eliminating the 
proposed air-to-ground munitions delivery in some parts of the 
restricted area complex.

DATES: Comments must be received on or before October 1, 2015.

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-
0370 and Airspace Docket No. 14-ASO-2, 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 to 
should be directed to: Mr. David Lorance, P.E., Center Environmental 
Officer, Center Operations Directorate, National Aeronautics and Space 
Administration (NASA) Stennis Space Center, Roy S. Estess Building 
1100, Mail Code RA02, Stennis Space Center, MS 39529-6000.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, 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: 

Authority for This Rulemaking

    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 restructure the restricted airspace at the 
Stennis Space Center, MS, to enhance aviation safety and accommodate 
essential NASA and Naval Special Warfare Command (NSWC) requirements.

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-2014-0370 and Airspace Docket No. 14-ASO-2) 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-2014-0370 and Airspace Docket No. 14-ASO-2.'' The 
postcard will be date/time stamped and returned to the commenter.

[[Page 49182]]

    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, 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

    On July 10, 2014, the FAA published in the Federal Register an NPRM 
proposing to redesignate and expand restricted area R-4403, 
Gainesville, MS, to support missions of the National Aeronautics and 
Space Administration (NASA) and the Naval Special Warfare Command 
(NSWC) (79 FR 39344). Eight comments were received; two commenters 
supported the proposal, four commenters posed limited concerns, and the 
remaining two commenters objected to the proposal.
    Subsequent to publication, both NASA and NSWC revised their 
airspace proposal by changing certain restricted area boundaries, 
eliminating some proposed activities and increasing the proposed times 
of use of the airspace. The changes are described in the next section, 
below.
    Since these changes to the proposal are significant, the FAA has 
determined it is necessary to reopen the comment period to provide 
additional opportunity for public comment. The FAA will dispose of all 
the comments to the NPRM and SNPRM when it issues its final 
determination on the proposal.

Differences From NPRM

    The southern boundary of R-4403B and R-4403C is shifted slightly to 
the north to address a comment that the restricted areas were too close 
to Interstate I-10, which is used by some pilots as a visual flight 
reference.
    The NPRM proposed to establish R-4403C, extending from the surface 
up to but not including 6,000 feet MSL; and to establish R-4403D, with 
the same lateral boundaries as R-4403C, and extending above R-4403C 
from 6,000 feet MSL up to 10,000 feet MSL. This SNPRM proposes to 
combine R-4403C and R-4403D into a single restricted area extending 
from the surface up to 10,000 feet MSL. This combined area would be 
designated R-4403C and the formerly proposed designation ``R-4403D'' 
would not be used.
    The NPRM proposed the time of designation for restricted areas R-
4403C, D, E and F as ``Intermittent, 1800 to 2400 local time, as 
activated by NOTAM at least 24 hours in advance; other times by NOTAM 
with air traffic control (ATC) approval.'' The SNPRM would revise the 
time of designation for R-4403C, E and F to ``Intermittent, 2000 to 
0500 local time, as activated by NOTAM at least 24 hours in advance; 
and 1800 to 2000 local time, November 1 to March 1, as activated by 
NOTAM at least 24 hours in advance, not to exceed 20 days per year.'' 
The new times would expand the basic time frame during which the 
restricted areas could be activated from six hours per day to nine 
hours per day. Further, it would add a provision allowing for 
additional activation during the hours 1800 to 2000 local time between 
November 1 and March 1. However, use of the 1800 to 2000 time frame 
between November 1 and March 1 would be limited to a maximum of 20 days 
per year. The provision in the NPRM allowing for activation of R-4403C, 
E and F at ``other times by NOTAM with ATC approval'' is removed from 
consideration in this proposal.
    The NPRM proposed the use of R-4403E and F for delivery of air-to-
ground munitions at a ground target by aircraft, including AC-130 
gunships and armed helicopters. The NSWC determined that the area is 
too small to contain the weapons safety footprint, so R-4403E and F 
would only be used to contain air-to-ground firing of non-eye-safe 
lasers. Ground forces would use lasers that are eye-safe in R-4403E and 
F to signal military aircraft operating overhead.
    The southeastern-most point of the R-4403E boundary (where it 
intersects the Stennis International Airport Class D airspace boundary 
(at lat. 30[deg]20'22'' N., long. 89[deg]31'43'' W.) would be shifted 
northward by approximately 2.5 NM to intersect the Class D airspace 
area at lat. 30[deg]22'35'' N., long. 89[deg]32'06'' W. The airspace 
south of the new line would become a part of R-4403C.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 73 to remove 
restricted area R-4403, Gainesville, MS, and redesignate and expand the 
airspace to consist of five subareas: R-4403A, B, C, E and F, Stennis 
Space Center, MS. The FAA is proposing this action at the request of 
NASA and the NSWC to confine activities that potentially present 
hazards to nonparticipating aircraft. The existing airspace is too 
small to fully contain NASA activities and the proposed expansion would 
also enable NSWC to conduct realistic Special Operations Force 
training.
    R-4403A and B would continue be used for NASA activities, such as 
rocket engine testing and untethered space vehicle propulsion system 
testing. The NSWC would use the proposed R-4403C, E and F for 
integrated Special Operations Forces training. The proposed restricted 
areas are described below.
    R-4403A would be used by NASA to test rocket engine technology. It 
would consist of that airspace within a 2.5 NM radius of lat. 
30[deg]21'51'' N., long. 89[deg]35'39'' W., centered on the rocket 
engine test complex. R-4403A would extend from the ground to 12,000 
feet MSL. It would replace R-4403 with an expanded area to more fully 
contain rocket engine testing hazards. This area remains as proposed in 
the NPRM.
    R-4403B would be used by NASA for untethered autonomous space 
vehicle testing. The area would extend upward from the ground to 6,000 
feet MSL. These vehicles are utilized to explore planets and asteroids. 
Testing of these vehicles involves potential hazards since failure of 
the vehicle, its propulsion system or propellant tanks can result in 
explosion of the vehicle. The propensity for this to occur is greater 
with these vehicles than with a standard aircraft because of the 
extremely volatile nature of the propellants and the poor aerodynamic 
characteristics of the vehicle during earth-based operation. Proposed 
R-4403B is designed to contain the flight profiles of these vehicles as 
well as any potential hazards to nonparticipating aircraft. Except for 
the slight adjustment of the southern boundary, as described

[[Page 49183]]

above, this area remains as proposed in the NPRM.
    R-4403C would be used for Special Operations Forces Integration 
Training. The NPRM proposed R-4403C to extend from the ground to 6,000 
feet MSL. This SNPRM would expand R-4403C to extend from the ground to 
10,000 feet MSL, incorporating the airspace from 6,000 feet MSL to 
10,000 feet MSL, which was formerly proposed as R-4403D. The 
designation ``R-4403D'' will no longer be used. R-4403C would contain 
air-to-ground live-fire training for AC-130 gunships, armed helicopters 
and tilt-rotor (CV-22) aircraft and surface-to-surface weapons firing. 
R-4403C would contain two impact areas for air-to-ground munitions 
employment (up to 105mm), and air-to-ground non-eye-safe laser firing. 
Ground forces would use lasers that are eye-safe to signal military 
aircraft operating overhead. Anticipated use of R-4403C is 100-120 days 
per year.
    R-4403D designation is removed from the proposal as described 
above.
    R-4403E would also be used for Special Operations Forces 
Integration Training. It would extend upward from the ground to 10,000 
feet MSL. It would contain a ground target to be used only for air-to-
ground firing of non-eye safe lasers. The proposal in the NPRM to use 
this area for air-to-ground munitions delivery is eliminated. Ground 
forces would also use lasers that are eye-safe to signal military 
aircraft operating overhead.
    R-4403F would extend upward from 4,000 feet MSL to 10,000 feet MSL. 
R-4403F would wrap around the northeast corner of R-4403E and would be 
used in conjunction with R-4403E.
    R-4403E and F would always be activated together for AC-130 air-to-
ground firing of non-eye-safe lasers. The two areas could be activated 
separately from R-4403C, but typically would be used in conjunction 
with R-4403C.
    The proposed time of designation for R-4403A and R-4403B is 
``Intermittent, 1000 to 0300 local time, as activated by NOTAM at least 
24 hours in advance.'' This time frame is the same as proposed in the 
NPRM. The proposed time of designation for R-4403C, E and F is 
``Intermittent, 2000 to 0500 local time, as activated by NOTAM at least 
24 hours in advance; and 1800 to 2000 local time, November 1 to March 1 
(not to exceed 20 days per year).'' The times for R-4403C, E and F are 
changed from those in the NPRM as explained in the ``Differences from 
NPRM'' section, above.
    Note: The term ``Intermittent'' is used to indicate occasional, 
irregular, or changeable use periods.
    During periods when the restricted areas are not needed by the 
using agencies, the airspace would be returned to the controlling 
agency for access by other airspace users.
    A revised color chart depicting the proposed restricted areas will 
be posted on the www.regulations.gov Web site (search Docket No. FAA-
2014-0370).

Regulatory Notices and Analyses

    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.

Environmental Review

    This proposal will be subject 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(f), 106(g), 40103, 40113, 40120; E.O. 
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.


Sec.  73.44  [Amended]

0
2. Section 73.44 is amended as follows:

R-4403 Gainesville, MS [Removed]

R-4403A Stennis Space Center, MS [New]

    Boundaries. Within a 2.5-NM radius centered at lat. 
30[deg]21'51'' N., long. 89[deg]35'39'' W.
    Designated altitudes. Surface to 12,000 feet MSL.
    Time of designation. Intermittent, 1000 to 0300 local time, as 
activated by NOTAM at least 24 hours in advance.
    Controlling agency. FAA, Houston ARTCC.
    Using agency. NASA, Director, Stennis Space Center, Bay St. 
Louis, MS.

R-4403B Stennis Space Center, MS [New]

    Boundaries. Beginning at lat. 30[deg]29'37'' N., long. 
89[deg]35'16'' W.;
    to lat. 30[deg]29'37'' N., long. 89[deg]32'33'' W.; thence 
clockwise along a 0.85-NM arc centered
    at lat. 30[deg]28'46'' N., long. 89[deg]32'33'' W.;
    to lat. 30[deg]28'46'' N., long. 89[deg]31'34'' W.;
    to lat. 30[deg]26'25'' N., long. 89[deg]31'34'' W.;
    to lat. 30[deg]24'02'' N., long. 89[deg]31'34'' W.;
    thence counterclockwise along a 4.2-NM arc centered
    at lat. 30[deg]22'04'' N., long. 89[deg]27'17'' W.;
    to lat. 30[deg]20'28'' N., long. 89[deg]31'46'' W.;
    to lat. 30[deg]19'19'' N., long. 89[deg]35'32'' W.;
    to lat. 30[deg]18'23'' N., long. 89[deg]40'17'' W.;
    to lat. 30[deg]21'08'' N., long. 89[deg]42'25'' W.;
    to lat. 30[deg]22'22'' N., long. 89[deg]42'58'' W.;
    to lat. 30[deg]23'44'' N., long. 89[deg]42'43'' W.;
    to lat. 30[deg]26'40'' N., long. 89[deg]40'51'' W.;
    thence counterclockwise along a 3-NM arc centered
    at lat. 30[deg]29'15'' N., long. 89[deg]39'04'' W.;
    to lat. 30[deg]27'08'' N., long. 89[deg]36'37'' W.;
    to lat. 30[deg]27'58'' N., long. 89[deg]35'27'' W.;
    to lat. 30[deg]28'47'' N., long. 89[deg]35'27'' W.;
    to the point of beginning.
    Designated altitudes. Surface to 6,000 feet MSL.
    Time of designation. Intermittent, 1000 to 0300 local time, as 
activated by NOTAM at least 24 hours in advance.
    Controlling agency. FAA, Houston ARTCC.
    Using agency. NASA, Director, Stennis Space Center, Bay St. 
Louis, MS.

R-4403C Stennis Space Center, MS [New]

    Boundaries. Beginning at lat. 30[deg]27'58'' N., long. 
89[deg]35'27'' W.;
    to lat. 30[deg]22'35'' N., long. 89[deg]35'27'' W.;
    to lat. 30[deg]22'35'' N., long. 89[deg]32'06'' W.;
    thence counterclockwise along a 4.2-NM arc centered
    at lat. 30[deg]22'04'' N., long. 89[deg]27'17'' W.;
    to lat. 30[deg]20'28'' N., long. 89[deg]31'46'' W.;
    to lat. 30[deg]19'19'' N., long. 89[deg]35'32'' W.;
    to lat. 30[deg]18'23'' N., long. 89[deg]40'17'' W.;
    to lat. 30[deg]21'08'' N., long. 89[deg]42'25'' W.;
    to lat. 30[deg]22'22'' N., long. 89[deg]42'58'' W.;
    to lat. 30[deg]23'44'' N., long. 89[deg]42'43'' W.;
    to lat. 30[deg]26'40'' N., long. 89[deg]40'51'' W.;
    thence counterclockwise along a 3-NM arc centered
    at lat. 30[deg]29'15'' N., long. 89[deg]39'04'' W.;
    to lat. 30[deg]27'08'' N., long. 89[deg]36'37'' W.;
    to the point of beginning.
    Designated altitudes. Surface to 10,000 feet MSL.
    Time of designation. Intermittent, 2000 to 0500 local time, as 
activated by NOTAM at least 24 hours in advance; and 1800 to 2000 
local time, November 1 to March 1, as

[[Page 49184]]

activated by NOTAM at least 24 hours in advance, not to exceed 20 
days per year.
    Controlling agency. FAA, Houston ARTCC.
    Using agency. U.S. Navy, Commander, Naval Special Warfare 
Command, Naval Special Warfare N31 Branch, Stennis Space Center, Bay 
St. Louis, MS.

R-4403E Stennis Space Center, MS [New]

    Boundaries. Beginning at lat. 30[deg]29'37'' N., long. 
89[deg]35'16'' W.;
    to lat. 30[deg]29'37'' N., long. 89[deg]32'33'' W.;
    thence clockwise along a 0.85-M arc centered
    at lat. 30[deg]28'46'' N., long. 89[deg]32'33'' W.;
    to lat. 30[deg]28'46'' N., long. 89[deg]31'34'' W.;
    to lat. 30[deg]26'25'' N., long. 89[deg]31'34'' W.;
    to lat. 30[deg]24'02'' N., long. 89[deg]31'34'' W.;
    thence counterclockwise along a 4.2-NM arc centered
    at lat. 30[deg]22'04'' N., long. 89[deg]27'17'' W.;
    to lat. 30[deg]22'35'' N., long. 89[deg]32'06'' W.;
    to lat. 30[deg]22'35'' N., long. 89[deg]35'27'' W.;
    to lat. 30[deg]27'58'' N., long. 89[deg]35'27'' W,;
    to lat. 30[deg]28'47'' N., long. 89[deg]35'27'' W.;
    to the point of beginning.
    Designated altitudes. Surface to 10,000 feet MSL.
    Time of designation. Intermittent, 2000 to 0500 local time, as 
activated by NOTAM at least 24 hours in advance; and 1800 to 2000 
local time, November 1 to March 1, as activated by NOTAM at least 24 
hours in advance, not to exceed 20 days per year.
    Controlling agency. FAA, Houston ARTCC.
    Using agency. U.S. Navy, Commander, Naval Special Warfare 
Command, Naval Special Warfare N31 Branch, Stennis Space Center, Bay 
St. Louis, MS.

R-4403F Stennis Space Center, MS [New]

    Boundaries. Beginning at lat. 30[deg]29'37'' N., long. 
89[deg]35'16'' W.;
    thence clockwise along a 2.5-NM arc centered
    at lat. 30[deg]28'46'' N., long. 89[deg]32'33'' W.;
    to lat. 30[deg]26'25'' N., long. 89[deg]31'34'' W.;
    to lat. 30[deg]28'46'' N., long. 89[deg]31'34'' W.;
    thence counterclockwise along a 0.85-NM arc centered
    at lat. 30[deg]28'46'' N., long. 89[deg]32'33'' W.;
    to lat. 30[deg]29'37'' N., long. 89[deg]32'33'' W.;
    to the point of beginning.
    Designated altitudes. 4,000 feet MSL to 10,000 feet MSL.
    Time of designation. Intermittent, 2000 to 0500 local time, as 
activated by NOTAM at least 24 hours in advance; and 1800 to 2000 
local time, November 1 to March 1, as activated by NOTAM at least 24 
hours in advance, not to exceed 20 days per year.
    Controlling agency. FAA, Houston ARTCC.
    Using agency. U.S. Navy, Commander, Naval Special Warfare 
Command, Naval Special Warfare N31 Branch, Stennis Space Center, Bay 
St. Louis, MS.
* * * * *

    Issued in Washington, DC, on August 10 2015.
Gary A. Norek,
Manager, Airspace Policy and Regulations Group.
[FR Doc. 2015-20277 Filed 8-14-15; 8:45 am]
 BILLING CODE 4910-13-P