[Federal Register Volume 81, Number 215 (Monday, November 7, 2016)]
[Rules and Regulations]
[Pages 78029-78033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26760]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2015-2776; Airspace Docket No. 15-AEA-5]
RIN 2120-AA66


Amendment and Establishment of Restricted Areas; Chincoteague 
Inlet, VA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action expands the restricted airspace at Chincoteague 
Inlet, VA, to support the National Aeronautics and Space 
Administration's (NASA) Wallops Island Flight Facility (WFF) test 
requirements. This action adds 3 new restricted areas, designated R-
6604C, R-6604D, and R-6604E. Additionally, a minor change is made to 2 
points in the boundary of existing area R-6604A to match the updated 3-
nautical mile (NM) line from the shoreline of the United States (U.S.) 
as provided by the National Oceanic and Atmospheric Administration 
(NOAA).

DATES: Effective date 0901 UTC, January 5, 2017.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy 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 restructures the restricted airspace at Chincoteague Inlet, VA to 
enhance aviation safety and accommodate essential NASA testing 
programs.

History

    On September 10, 2015, the FAA published in the Federal Register a 
notice proposing to expand the restricted airspace at Chincoteague 
Inlet, VA, to support NASA's WFF test requirements (80 FR 54444), 
Docket No. FAA-2015-2776. Interested parties were invited to 
participate in this rulemaking effort by submitting written comments on 
the proposal. Due to an error, a chart depicting the proposed areas was 
not posted to the regulations.gov Web site for public viewing until 
November 5, 2015 (10 days after the close of the comment period). 
Consequently, on January 21, 2016, the FAA published a notice reopening 
the comment period for 30 additional days (81 FR 3353), Docket No. FAA-
2015-2776, to provide the public the opportunity to view the chart and 
submit comments.

Discussion of Comments

    A total of 17 comments were received, including 2 duplicate 
submissions.

[[Page 78030]]

Eight commenters expressed support for the proposal. Several of the 
supporters wrote that restricted areas R-6604D and R-6604E abut, but do 
not include, VOR Federal airway V-139, concluding, when those areas are 
in use, air traffic can continue to flow unimpeded on the airway.
    FAA Response. VOR Federal airways, such as V-139 consist of that 
airspace within 4-NM either side of the airway centerline. R-6604D and 
R-6604E essentially abut the centerline of V-139, which means they 
infringe upon the 4-NM width on the east side of the airway centerline. 
Therefore, the airway would be unusable below 4,000 feet MSL when 
either R-6604D or R-6604E is active. When the restricted areas are 
active, instrument flight rules (IFR) traffic must use the airway at or 
above 4,000 feet MSL. Otherwise, they must be vectored to remain clear 
of the active restricted areas or navigate by other airways. As an 
alternative, pilots flying northeast- bound could use V-1 or V-139 to 
the Cape Charles VORTAC (CCV), VA, then fly V-1 to the Waterloo VOR/DME 
(ATR), DE, then V-308 to the Sea Isle VORTAC (SIE), NJ, then rejoin V-
139. This alternative would only add about 2-NM to the route of flight. 
Conversely, southwest-bound traffic could fly V-139 to the Sea Isle 
VORTAC, then follow the reverse of the routing shown above and rejoin 
V-139 at the Cape Charles VORTAC. Air Traffic Control (ATC) will ensure 
IFR traffic filed via V-139 is separated from active restricted 
airspace by means of altitude assignment, route clearance, or radar 
vectors.
    VFR pilots who elect to navigate via V-139 would have to fly above 
the restricted areas at the appropriate VFR cruising altitude for the 
direction of flight. VFR cruising altitudes are ``odd thousands plus 
500 feet for northeast-bound traffic and even thousands plus 500 feet 
for southwest-bound traffic. Therefore, for VFR traffic navigating on 
V-139 (when the restricted areas are active), the lowest available 
altitudes would be 5,500 feet MSL for northeast-bound traffic; and 
4,500 feet MSL for southwest-bound traffic. VFR aircraft may also elect 
to deviate around the restricted airspace or use the alternate routing 
described above. ATC will continue to provide VFR flight advisories 
throughout the airspace on a workload permitting basis. When the 
restricted areas are not active, V-139 is fully available for air 
traffic. These restricted areas are expected to receive limited usage 
on an annual basis.
    Seven commenters stated additional concerns about the proposal, 
which are discussed below.
    The Aircraft Owners and Pilots Association (AOPA) wrote that the 
published feeder route from the Snow Hill VORTAC to the GOBYO initial 
approach fix, serving the GPS approach to runway 32 at Ocean City 
Municipal Airport, MD, (KOXB), would be unavailable during the time R-
6604D is activated. This would reduce the efficiency provided by the 
feeder route increasing the likelihood of pilots flying longer 
distances with increased fuel consumption and costs to the operator.
    FAA Response. ATC will offset this impact by either clearing the 
aircraft to GOBYO at 4,000 feet MSL or above, or vectoring the aircraft 
a short distance around the restricted areas.
    AOPA noted that the need to circumnavigate the restricted areas, 
when active, would also affect pilots operating under VFR. When active, 
the new restricted areas would render as unavailable key VFR landmarks, 
such as U.S. Route 13, railroad tracks and the seashore, that are used 
by VFR pilots who navigate without GPS or navigation aids and who fly 
at lower altitudes. AOPA said that avoiding the restricted areas by 
flying to the east, over open water, would be dangerous for single-
engine, shoreline-following pilots, and it would be time consuming for 
those diverting around the complex to the west. AOPA requested that 
stand-alone VFR waypoints be charted in the Chincoteague area to assist 
pilots unfamiliar with the area to safely navigate around the 
restricted areas.
    The FAA agrees and will develop charted VFR waypoints to assist VFR 
aircraft in avoiding the restricted areas. When the restricted areas 
are not in use, the above mentioned landmarks would remain available 
for VFR navigation.
    AOPA advised that, since the new restricted areas are close to 
numerous final approach courses of surrounding airports, they must be 
depicted on applicable Instrument Approach Procedure Charts to increase 
pilot awareness.
    The FAA agrees and is taking action to depict the new restricted 
areas on applicable instrument procedure charts.
    AOPA noted that the proposed restricted areas would be activated 
``By NOTAM,'' but the NPRM did not indicate how far in advance the 
NOTAM should be issued. AOPA recommended at least 12 hours notice is 
necessary to assist pilots in flight planning.
    NASA agreed to revise the time of designation for R-6604C, D and E 
to read ``By NOTAM at least 12 hours in advance.''
    The Helicopter Association International (HAI) wrote that it was 
unable to support the proposed changes. HAI said that the restricted 
area expansion would impact both IFR and VFR operators. Helicopter 
operators would be required to either fly further offshore for longer 
periods to circumnavigate the area, or fly further west into a more 
tightly congested corridor. HAI is concerned with the offshore option, 
especially during winter when lower sea temperatures would greatly 
reduce aircrew survivability times if an emergency resulted in a water 
entry. Further, the increased minimum altitudes to overfly R-6604D and 
R-6604E could force helicopter operators higher and subject them to 
increased encounters with icing conditions.
    FAA Response. Helicopter operators would have the option to avoid 
the restricted areas via the alternate routing discussed above or by 
use of the VFR waypoints being developed for that purpose. 
Additionally, the limited projected annual use of the areas described 
previously should lessen the potential impacts on helicopter 
operations. Further, NASA has agreed to promptly release the restricted 
areas to ATC for active medevac or search and rescue helicopter 
operations.
    One commenter contended that a requirement for restricted airspace 
was not established and suggested the use of a less restrictive type of 
special use airspace (SUA) such as a warning area. The commenter 
believes that the proposal did not justify why SUA must be established 
over land for this purpose and that establishing test airspace over 
water adjacent to Wallops should be considered before establishing SUA 
over land.
    FAA Response. NASA proposed the restricted area expansion to 
accommodate a variety of test activities that pose a hazard to 
nonparticipating aircraft. These activities include, but are not 
limited to, high-risk test profiles by heavily modified test aircraft, 
testing of emitters that could induce harmful electromagnetic 
interference effects on nonparticipating aircraft, non-eye-safe laser 
firings, and external stores separation testing. Warning areas may also 
contain hazardous activities and they are established offshore. 
However, while warning areas serve notice of the possible existence of 
hazardous activities, they do not restrict access by nonparticipating 
aircraft that elect to transit the airspace. There is an existing 
warning area, W-386, located offshore near WFF, but this area is 
delegated to the U.S. Navy which has its own requirements and 
scheduling priorities. NASA does use the overwater SUA to the extent 
possible, but some test

[[Page 78031]]

operations require overland airspace in close proximity to an airfield. 
NASA's restricted area proposal was designed for this specific purpose.
    During the design of the proposal, other types of SUA were 
considered but deemed insufficient for ensuring safety during NASA's 
flight test operations. Use of nearby existing restricted areas were 
not an option due to technical requirements (co-use airspace versus 
exclusive-use airspace; travel distance to the SUA) as well as the 
dynamic nature of NASA's flight test program. For example, the vast 
majority of the Patuxent River Naval Air Station's restricted areas are 
not exclusive use. The parts of the Patuxent River restricted area 
complex that could be scheduled as exclusive use are in high demand and 
used for priority Department of Defense requirements. It would be 
highly unlikely that NASA would be granted access to this airspace, 
especially given the dynamic operations schedule.
    In this case, the FAA has determined that the restricted area 
expansion is the appropriate SUA designation to contain NASA's 
hazardous activities in order to ensure segregation of those activities 
from nonparticipating aircraft.
    Several commenters pointed out that this is very busy airspace used 
by commercial and private flights. They contended that there is 
sufficient airspace for testing in other parts of the country.
    FAA Response. NASA operates a wide variety of highly modified 
aircraft at WFF in support of various test missions. The configuration 
of each aircraft changes often as dictated by the specific test program 
and the engineering and physical modification work that takes place at 
WFF. Further, in addition to facilities supporting aircraft operations, 
the infrastructure in place at WFF includes the communications, 
telemetry, radar tracking, and flight path guidance necessary to 
fulfill NASA's testing commitments. It would be impractical and not 
cost effective to relocate infrastructure and testing operations to 
another location. In addition, at other locations, NASA testing would 
be competing for access to airspace and that would adversely impact 
NASA test programs. The design and projected use of the expanded 
restricted areas should minimize the impacts on other users of the 
National Airspace System.
    One commenter expressed concern about pilots being able to reliably 
and quickly determine the activity status of the restricted areas from 
air traffic control.
    FAA Response. In the NPRM, Patuxent River Approach Control was 
proposed as the controlling agency for R-6604C, D and E. The FAA has 
since decided that Washington ARTCC, which is the controlling agency 
for the existing R-6604A and B, should also be the controlling agency 
for the new restricted areas. The controlling agency typically 
coordinates SUA status with the using agency and is the primary source 
for pilots to determine activity status of the airspace at any given 
time. The ``Special Use Airspace Tabulation'' on the Washington 
Sectional Aeronautical Chart currently lists Washington ARTCC as the 
controlling agency for R-6604A and B. The tabulation also includes area 
altitudes, time of use and contact frequencies. The tabulation will be 
updated to include information for R-6604C, D and E. In addition, the 
requirement that R-6604C, D and E must be activated by a NOTAM issued 
at least 12 hours in advance should assist pilots in flight planning.

Other Impacts

    The FAA identified several other potential impacts. First, when R-
6604E is active, it would encroach into the protected airspace for the 
RNAV (GPS) approach to runway 21 at Accomack County Airport, Melfa, VA, 
(KMFV). There are several options to address this issue: ATC can 
provide radar vectors to runway 21; the aircraft could be cleared for 
the VOR/DME RWY 3 or the LOC RWY 3 approach with a circle to land 
runway 21; or ATC can temporarily recall a portion of R-6604E to 
restrict NASA aircraft to a minimum altitude of 2,500 feet MSL or 
above, allowing aircraft on the approach to fly underneath. Once the 
traffic on approach is clear, the airspace would be returned to the 
user. This latter provision would be included in the Letter of 
Procedure between the FAA and NASA that governs use of the restricted 
areas.
    Second, the protected airspace for the missed approach procedure 
for the RNAV (GPS) RWY 3 approach at Accomack County Airport would be 
impacted when R-6604E is active.
    FAA plans to amend the missed approach procedure for the RNAV (GPS) 
RWY 3 approach. In the interim, the VOR/DME RWY 3 approach is 
available. The missed approach for that procedure does not conflict 
with the restricted area. Also, as described above, ATC can restrict 
aircraft operating in R-6604E to a minimum altitude that permits IFR 
traffic to fly the approach beneath.
    Third, Midway Airport (VG56), a private-use airport near Bloxom, 
VA, would be impacted by the expansion. Midway is located below R-
6604E. The VFR traffic patterns and access to and from the airport 
would be affected unless operations are coordinated. NASA has agreed to 
establish a Letter of Agreement with airport operators to minimize 
impact to the private airports south of the WFF.

Differences From the NPRM

    The time of designation for R-6604C, D and E was proposed in the 
NPRM as ``By NOTAM.'' In response to comments received, the time of 
designation is changed to read ``By NOTAM at least 12 hours in 
advance.''
    The controlling agency for R-6604C, D and E was proposed as 
Patuxent River Approach Control. The FAA determined that Washington 
ARTCC will be the controlling agency for all R-6604 subareas (A through 
E).

The Rule

    The FAA is amending 14 CFR part 73 by establishing 3 new restricted 
areas, designated R-6604C, R-6604D and R-6604E, at NASA's WFF in 
Virginia. The new areas abut the existing restricted areas (R-6604A and 
R-6604B) and will be used to contain a variety of test activities 
deemed to pose a hazard to nonparticipating aircraft. The following is 
a general description of the areas.
    R-6604C overlies the WFF airfield and is contained entirely within 
the WFF property boundary. It extends from the surface up to 3,500 feet 
mean sea level (MSL). Expected usage will be approximately 1.5 hours 
per day (in 45-minute periods) on approximately 120 days per year, 
totaling approximately 180 hours per year.
    R-6604D is extends from 100 feet above ground level (AGL) up to 
3,500 feet MSL. It is located between the western boundary of R-6604B 
and the centerline of VOR Federal airway V-139, extending approximately 
15-NM to the northeast of the R-6604A/R-6604B northern boundary. 
Expected usage will also be approximately 1.5 hours per day (in 45-
minute periods) on approximately 120 days per year, totaling 
approximately 180 hours per year.
    R-6604E extends from 700 feet AGL up to 3,500 feet MSL. It is 
located between the western boundaries of R-6604A and R-6604B and the 
centerline of VOR Federal airway V-139. Expected usage will be 
approximately 1.5 hours per day (in 45-minute periods) on approximately 
40 days per year, totaling approximately 60 hours per year.
    All 3 areas would be activated by a Notice to Airmen (NOTAM) to be 
issued at least 12 hours in advance. Specific times of designation were 
not assigned

[[Page 78032]]

for R-6604C, D and E due to the variable nature of test programs.
    In addition to the above, 2 points in the boundary of R-6604A that 
intersect a line 3-NM from the shoreline of the U.S. are adjusted to 
reflect NOAA's updated calculation of the U.S. shoreline. The rest of 
the R-6604A description is unchanged.
    The configuration of the restricted areas was designed to allow for 
activation of only that portion of the complex required for the 
specific test profile being conducted. As is the current practice with 
R-6604A and R-6604B, when the new restricted areas are not required by 
the using agency, the airspace will be returned to the controlling 
agency for access by other aviation users.
    Note that the existing areas (R-6604A and R-6604B) will continue to 
be used, as in the past, for missile and rocket launches, aircraft 
systems development, expendable launch vehicles, lasers, RPV, and other 
test programs.
    The FAA is taking this action because the existing restricted 
airspace is too small to fully contain hazardous test profiles 
conducted by NASA's WFF.
    Operational Note: Considering their location, it is important that 
the new areas be depicted on both the IFR en route chart (L-36) and the 
VFR chart covering the affected area before they are activated for use. 
Due to aeronautical chart publication cycles, the publication dates for 
the applicable IFR and VFR charts are not the same. The effective date 
of this rule is January 5, 2017, to ensure the airspace will also be 
depicted on the IFR en route chart, which publishes on that date. 
However, the new areas will not be available for use or activation by 
NASA until they also appear on the next edition of the Washington 
Sectional Aeronautical Chart, which publishes on February 2, 2017.

Regulatory Notices and Analyses

    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. 
It, therefore: (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 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.

Environmental Review

    The FAA has conducted an environmental review for this rulemaking 
in accordance with FAA Order 1050.1F, Environmental Impacts: Policies 
and Procedures, the National Environmental Policy Act, and its 
implementing regulations at 40 CFR parts 1500-1508. FAA's environmental 
impact review included an independent evaluation and adoption of NASA's 
Final Environmental Assessment for the Establishment of Restricted Area 
Airspace (R-6604C/D/E) at Goddard Space Flight Center, Wallops Flight 
Facility, Wallops Island, Virginia, dated October 2016 (hereinafter 
``the FEA''), for which the FAA was a cooperating agency, and which 
included the environmental analysis of the expanded restricted airspace 
at Chincoteague Inlet, VA, to support NASA's Wallops Island Flight 
Facility (WFF) test requirements consisting of the addition of three 
new restricted areas, designated R-6604C, R-6604D, and R-6604E, and a 
minor change to two points in the boundary of existing area R-6604A to 
match the updated 3-nautical mile (NM) line from the shoreline of the 
U.S. as provided by NOAA, and as described above. Based on its 
environmental review, the FAA has determined that the action that is 
the subject of this rule does not present the potential for significant 
impacts to the human environment. The FAA's Adoption EA and FONSI-ROD 
are included in the docket for this rulemaking. The FEA is available at 
https://sites.wff.nasa.gov/code250/Establishment_R-6604CDE_DEA.html.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

Adoption of the Amendment

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


Sec.  73.66  [Amended]

0
2. Section 73.66 is amended as follows:
* * * * *

R-6604A Chincoteague Inlet, VA [Amended]

    By removing the current boundaries and inserting the following in 
its place:
    Boundaries. Beginning at lat. 37[deg]55'25'' N., long. 
75[deg]24'54'' W.; to lat. 37[deg]51'31'' N., long.75[deg]17'16'' W.; 
then along a line 3-NM from and parallel to the shoreline to lat. 
37[deg]39'20'' N., long. 75[deg]31'19'' W.; to lat. 37[deg]47'00'' N., 
long. 75[deg]31'18'' W.; to lat. 37[deg]51'00'' N., long. 
75[deg]29'36'' W.; to the point of beginning.

R-6604C Chincoteague Inlet, VA [New]

    Boundaries. Beginning at lat. 37[deg]56'57'' N., long. 
75[deg]28'37'' W.; to lat. 37[deg]56'54'' N., long. 75[deg]26'56'' W.; 
to lat. 37[deg]56'23'' N., long. 75[deg]26'46'' W.; to lat. 
37[deg]56'45'' N., long. 75[deg]27'29'' W.; to lat. 37[deg]55'15'' N., 
long. 75[deg]28'23'' W.; to lat. 37[deg]55'15'' N., long. 
75[deg]28'39'' W.; to lat. 37[deg]56'32'' N., long. 75[deg]29'18'' W.; 
to the point of beginning.
    Designated altitudes. Surface to 3,500 feet MSL.
    Time of designation. By NOTAM at least 12 hours in advance.
    Controlling agency. FAA, Washington ARTCC.
    Using agency. Chief, Wallops Station, National Aeronautics and 
Space Administration, Wallops Island, VA.

R-6604D Chincoteague Inlet, VA [New] Boundaries

    Beginning at lat. 38[deg]01'42'' N., long. 75[deg]29'28'' W.; to 
lat. 38[deg]07'12'' N., long. 75[deg]14'48'' W.; to lat. 38[deg]04'36'' 
N., long. 75[deg]08'07'' W.; thence along a line 3-NM from and parallel 
to the shoreline to lat. 37[deg]51'31'' N., long. 75[deg]17'16'' W.; to 
lat. 37[deg]56'45'' N., long. 75[deg]27'29'' W.; to lat. 37[deg]53'55'' 
N., long. 75[deg]29'11'' W.; to lat. 37[deg]55'40'' N., long. 
75[deg]33'27'' W.; to the point of beginning; excluding R-6604C.
    Designated altitudes. 100 feet AGL to 3,500 feet MSL.
    Time of designation. By NOTAM at least 12 hours in advance.
    Controlling agency. FAA, Washington ARTCC.
    Using agency. Chief, Wallops Station, National Aeronautics and 
Space Administration, Wallops Island, VA.

R-6604E Chincoteague Inlet, VA [New]

    Boundaries. Beginning at lat. 37[deg]55'40'' N., long. 
75[deg]33'27'' W.; to lat. 37[deg]53'55'' N., long. 75[deg]29'11'' W.; 
to lat. 37[deg]50'24'' N., long. 75[deg]31'19'' W.; to lat. 
37[deg]39'20'' N., long. 75[deg]31'19'' W.; to lat. 37[deg]38'57'' N., 
long. 75[deg]31'31'' W.; to lat. 37[deg]46'55'' N., long. 
75[deg]39'13'' W.; to the point of beginning.
    Designated altitudes. 700 feet AGL to 3,500 feet MSL.

[[Page 78033]]

    Time of designation. By NOTAM at least 12 hours in advance.
    Controlling agency. FAA, Washington ARTCC.
    Using agency. Chief, Wallops Station, National Aeronautics and 
Space Administration, Wallops Island, VA.
* * * * *

    Issued in Washington, DC on November 1, 2016.
Leslie M. Swann,
Acting Manager, Airspace Policy Group.
[FR Doc. 2016-26760 Filed 11-4-16; 8:45 am]
BILLING CODE 4910-13-P