[Federal Register Volume 82, Number 189 (Monday, October 2, 2017)]
[Rules and Regulations]
[Pages 45721-45722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20954]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA-2016-9591; Airspace Docket No. 16-ASW-21]
Establishment of Temporary Restricted Area R-5602; Fort Sill, OK
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Temporary final rule.
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SUMMARY: This action establishes temporary restricted area R-5602, over
the Fort Sill, OK, R-5601 restricted area complex, to support the U.S.
Army Maneuver & Fires Integration Experiment (MFIX) 2018 scheduled for
December 2017. MFIX 2018 is planned to exercise hazardous laser
operations conducting counter unmanned aircraft systems (UAS)
activities. The temporary restricted area will be in effect from
December 4 through December 15, 2017.
DATES: Effective date 0901 UTC, December 4, 2017, through December 15,
2017.
FOR FURTHER INFORMATION CONTACT: Colby Abbott, 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
[[Page 45722]]
it establishes temporary restricted airspace at Fort Sill, OK,
enhancing safety and accommodating essential military training during
the U.S. Army's MFIX 2018 exercise being held December 4 through 15,
2017.
History
On February 23, 2017, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) (82 FR 11417), Docket No. FAA-
2016-9591, to establish a temporary restricted area designated to
support hazardous training activities conducted during MFIX 2018 within
the Fort Sill, OK, special use airspace (SUA) complex. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal. No comments were received.
The Rule
The FAA is amending 14 CFR part 73 to establish temporary
restricted area R-5602 in support of MFIX 2018 during the period of
December 4 through 15, 2017, to contain hazardous laser activities
demonstrating counter UAS capabilities. To effectively segregate
nonparticipant air traffic from the hazardous activities associated
with MFIX 2018 at Fort Sill, OK, the R-5602 lateral boundaries overlie
the R-5601A, R-5601B, and a portion of R-5601F restricted areas and
extend approximately 8 nautical miles (NM) east beyond the R-5601A and
R-5601F eastern boundaries. R-5602 extends upward from 40,000 feet mean
sea level (MSL) to 60,000 feet MSL, is activated daily by a Notice to
Airmen (NOTAM), and is in effect only during the period of December 4
through December 15, 2017. This rule adds ``daily'' to the ``Time of
designation'' for clarity.
Since R-5602 is a temporary area, it will not be depicted on the
Dallas-Ft. Worth Sectional Aeronautical Chart or the IFR Enroute High
Altitude Chart, H-6. However, a notice and graphic depiction will be
published on the FAA's SUA Web site at http://www.faa.gov/sua and in
the Notices to Airmen Publication (NTAP) available online at http://www.faa.gov/air_traffic/publications/notices/.
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 will only affect air traffic
procedures and air navigation, it is certified that this 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
The FAA has determined that this action of establishing a temporary
restricted area R-5602 which partially overlays portions of the R-5601
restricted area complex at Fort Sill, OK, qualifies for FAA adoption in
accordance with FAA Order 1050.1F, paragraphs 8-2 and 9-2, Adoption of
Other Agencies' National Environmental Policy Act Documents, and
Written Re-evaluations, and 7400.2L, paragraph 32-2-3. The purpose of
temporarily creating and utilizing the temporary Restricted Area (RA)
is to safely segregate private and commercial aircraft from above-the-
horizon hazardous laser activities while supporting the U.S. Army MFIX
2018 planned for November 27 through December 15, 2017 (the proposed
temporary RA R-5602 would be active from December 4 through 15, 2017).
The FAA, after conducting an independent review and evaluation of the
United States Army's August 2017 Final Supplemental Environmental
Assessment for the Temporary Creation and Utilization of Restricted
Area R-5602 at Fort Sill, Oklahoma, has determined that the Army's
Supplemental EA and its supporting documentation adequately assesses
and discloses the environmental impacts of the proposed action,
including evaluation of the establishment of airspace for temporary
restricted airspace area R-5602. Based on the evaluation for potential
environmental impact in the above-mentioned EA, the FAA, as the
Cooperating Agency, concluded that adoption of the EA for the Temporary
Creation and Utilization of Restricted Area R-5602 is authorized in
accordance with 40 CFR 1506.3, Adoption. Accordingly, FAA adopts the
Army's Supplemental EA and takes full responsibility for the scope and
content that address the FAA's airspace establishment 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 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. 73.56 Oklahoma (Amended)
0
2. Sec. 73.56 is amended as follows:
* * * * *
R-5602 Fort Sill, OK [Temporary]
Boundaries. Beginning at lat. 34[deg]49'30'' N., long.
98[deg]08'43'' W.; to lat. 34[deg]36'36'' N., long. 98[deg]08'43'' W.;
to lat. 34[deg]36'36'' N., long. 98[deg]17'01'' W.; to lat.
34[deg]38'15'' N., long. 98[deg]17'01'' W.; to lat. 34[deg]38'15'' N.,
long. 98[deg]37'57'' W.; to lat. 34[deg]40'54'' N., long.
98[deg]37'56'' W.; to lat. 34[deg]42'07'' N., long. 98[deg]37'20'' W.;
to lat. 34[deg]43'21'' N., long. 98[deg]36'02'' W.; to lat.
34[deg]43'30'' N., long. 98[deg]35'40'' W.; to lat. 34[deg]45'03'' N.,
long. 98[deg]29'46'' W.; to lat. 34[deg]46'15'' N., long.
98[deg]25'01'' W.; to lat. 34[deg]47'00'' N., long. 98[deg]17'46'' W.;
to lat. 34[deg]46'45'' N., long. 98[deg]17'01'' W.; to lat.
34[deg]49'30'' N., long. 98[deg]17'01'' W.; to the point of beginning.
Designated altitudes. 40,000 feet MSL to 60,000 feet MSL.
Time of designation. December 4-15, 2017, daily, by NOTAM.
Controlling agency. FAA, Fort Worth ARTCC.
Using agency. U.S. Army, Commanding General, U.S. Army Fires Center
of Excellence, Fort Sill, OK.
Issued in Washington, DC, on September 22, 2017.
Rodger A. Dean, Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2017-20954 Filed 9-29-17; 8:45 am]
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