[Federal Register Volume 85, Number 58 (Wednesday, March 25, 2020)]
[Proposed Rules]
[Pages 16918-16919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05988]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2019-0111; Airspace Docket No. 19-ASO-23]
RIN 2120-AA66


Proposed Establishment of Restricted Area R-5306F; Cherry Point, 
NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish restricted area R-5306F at 
Marine Corps Air Station (MCAS) Cherry Point, NC. R-5306F would extend 
from flight level (FL) 180 to FL 290. The proposed restricted area 
would overlie the existing restricted area R-5306A, and the adjacent 
Core Military Operations Area (MOA). Due to altitude constraints, the 
existing restricted airspace structure around MCAS Cherry Point cannot 
fully support the training requirements for current legacy aircraft as 
well as 4th and 5th generation aircraft such as the F-35. In 
conjunction with R-5306A, the proposed restricted area would provide 
realistic training to enable pilots and aircrews to counter evolving 
threat nation warfare anti-aircraft capabilities.

DATES: Comments must be received on or before May 11, 2020.

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-2019-
0111; Airspace Docket No. 19-ASO-23, at the beginning of your comments. 
You may also submit comments through the internet at https://www.regulations.gov.
    Comments on environmental and land use aspects to should be 
directed to: Carmen Lombardo, Natural Resource Manager, MCAS Cherry 
Point, NC 28533; telephone: (252) 466-5870; email: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Sean Hook, Rules and Regulations 
Group, Office of Policy, 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 establish restricted area airspace at Cherry Point, NC, to 
enhance aviation safety and accommodate essential U.S. Marine Corps 
training activities.

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-2019-0111; Airspace Docket No. 19-ASO-23) and be submitted in 
triplicate to the Docket Management System (see ADDRESSES section for 
address and

[[Page 16919]]

phone number). You may also submit comments through the internet at 
https://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-2019-0111; Airspace Docket No. 19-ASO-23.'' 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 https://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    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 Eastern Service Center, Federal 
Aviation Administration, Room 210, 1701 Columbia Ave., College Park, GA 
30337.

Background

    The U.S. Marine Corps submitted a proposal to the FAA to expand the 
existing restricted airspace at MCAS Cherry Point, NC, because the 
altitude constraints of the current airspace structure cannot fully 
support U.S. Marine Corps training and readiness requirements. The 
training shortfall applies to current legacy aircraft but is more 
pronounced for 4th and 5th generation aircraft, such as the F-35. 
Specifically, the existing restricted area R-5306A extends from the 
surface up to, but not including, FL 180. This altitude constraint 
limits the ability to conduct realistic training in a variety of 
tactics at the higher altitudes that would be present in ``real world'' 
situations. Additional high-altitude restricted airspace up to FL 290 
is needed to provide the realistic training environment that pilots and 
aircrews need to in order to qualify and remain proficient in tactics 
for the employment of Precision Guided Munitions (PGM). PGMs are weapon 
systems that are released from higher altitudes and greater distances 
from the target than conventional unguided weapons.
    In conjunction with existing restricted area R-5306A, the proposed 
R-5306F would also provide the airspace needed to contain actual and 
simulated deliveries of ordnance for training in tactics such as Close 
Air Support, Deep Air Support, Suppression of Enemy Air Defenses, etc.

The Proposal

    The FAA is proposing to amend 14 CFR part 73 to establish 
restricted area R-5306F, Cherry Point, NC, to overlie the existing 
restricted area R-5306A, and the adjacent Core Military Operations Area 
(MOA). R-5306F would extend from FL 180 to FL 290. The time of 
designation would be Monday through Friday, 0800 to 0000 hours, local 
time; other times by NOTAM.
    In conjunction with R-5306A, R-5306F would provide the low-altitude 
to high-altitude restricted airspace needed to train in the variety of 
tactics as discussed above.
    There are no current Air Traffic Service routes (i.e., jet routes 
or Q-routes) or preferential instrument flight rules (IFR) routes that 
would be impacted by the proposed restricted area. R-5306F would be 
joint-use special use airspace; meaning that the restricted area would 
be returned to the controlling agency (FAA, Washington ARTCC) on a 
real-time basis when not in use by the using agency. Supersonic flight 
would not be conducted in R-5306F.

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. 
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 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 subjected to an environmental analysis in 
accordance with FAA Order 1050.1F, ``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.  73.53   North Carolina [Amended]

0
 2. Amend Sec.  73.53 to read as follows:
* * * * *

R-5306F Cherry Point, NC [New]

    Boundaries. Beginning at lat. 35[deg]23'16'' N, long. 
76[deg]34'39'' W; to lat. 35[deg]18'16'' N, long. 76[deg]16'39'' W; 
to lat. 35[deg]04'31'' N, long. 76[deg]04'29'' W; to lat. 
35[deg]00'31'' N, long. 76[deg]00'59'' W; to lat. 35[deg]00'22'' N, 
long. 76[deg]00'51'' W; thence southwest 3 NM from and parallel to 
the shoreline to lat. 34[deg]40'16'' N, long. 76[deg]24'45'' W; to 
lat. 34[deg]40'41'' N, long. 76[deg]25'08'' W; to lat. 
34[deg]46'01'' N, long. 76[deg]29'59'' W; to lat. 35[deg]08'01'' N, 
long. 76[deg]51'19'' W; to the point of beginning.
    Designated altitudes. FL 180 to FL 290.
    Time of designation. Monday through Friday, 0800-0000L; other 
times by NOTAM.
    Controlling agency. FAA, Washington ARTCC.
    Using agency. USMC, Commanding Officer, U.S. Marine Corps Air 
Station Cherry Point, NC.
* * * * *

    Issued in Washington, DC, on March 16, 2020.
Scott M. Rosenbloom,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2020-05988 Filed 3-24-20; 8:45 am]
 BILLING CODE 4910-13-P