[Federal Register Volume 87, Number 202 (Thursday, October 20, 2022)]
[Rules and Regulations]
[Pages 63683-63686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22783]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA-2021-0650; Airspace Docket No. 21-AWP-11]
RIN 2120-AA66
Establishment of Restricted Area R-2511; Trona, CA
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This action establishes restricted area R-2511 in the vicinity
of Trona, CA in support of the Naval Air Warfare Center Weapons
Division (NAWCWD), China Lake, CA. The restricted area is necessary to
segregate the testing and evaluation of hazardous weapons systems, and
other unproven aviation platforms in the early development cycle from
non-participating aircraft.
DATES: Effective date 0901 UTC, December 29, 2022.
FOR FURTHER INFORMATION CONTACT: Paul Gallant, 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 establishes restricted area airspace in the vicinity of
Trona, CA, to contain activities deemed hazardous to non-participating
aircraft.
History
The FAA published a notice of proposed rulemaking (NPRM) for Docket
No. FAA-2021-0650 in the Federal Register (86 FR 57611; October 18,
2021) proposing to establish restricted area R-2511 in the vicinity of
Trona, CA, to support testing and training activities by the Naval Air
Warfare Center Weapons Division (NAWCWD), China Lake, CA. R-2511 is
needed to provide a connection between restricted areas R-2505 and R-
2524 to segregate the testing and evaluation of hazardous weapons
systems, and other unproven aviation platforms in the early development
cycle from non-participating aircraft. NAWCWD will use R-2511 to
contain free flight weapons systems as they transit from launch areas
within R-2505 to target areas within R-2524, and/or from launch areas
within R-2524 to target areas within R-2505. This airspace, situated
between restricted areas R-2505 and R-2524, has been variously referred
to as: Trona Pass, Trona Corridor, or Trona Gap.
Since 1995, the containment of military hazardous weapons system
activities transiting the airspace between R-2505 and R-2524 was
accomplished through the use of a controlled firing area (CFA) located
in that airspace between R-2505 and R-2524. The FAA has determined that
a CFA is not the appropriate type of special use airspace (SUA) for
this activity because CFAs are not depicted on aeronautical charts, and
because hazardous activity in a CFA must be immediately suspended upon
observation or notification that a non-participating aircraft is
approaching the area. Based on these criteria, a CFA is not practical
for accommodating NAWCWD's mission requirements.
A restricted area is the appropriate type of SUA to safely
segregate hazardous activities from non-participating aircraft
operating in this area. Restricted areas are depicted on aeronautical
charts allowing for ready identification by pilots. R-2511, which
replaces the CFA, was designed with the same lateral and vertical
parameters as the Trona CFA.
Interested parties were invited to submit comments on the NPRM. A
total of 65 comments were posted to the regulations.gov website in
response to the NPRM. Comments were received from the following
organizations: Aircraft Owners and Pilots Association (AOPA); Centurion
Flight Services; Golden State Air Charter; Loyd's Aviation; and,
Soaring Society of America (SSA). In addition, 58 individuals submitted
comments. Two individuals submitted their comment twice. The issues
raised by the commenters are addressed below.
Discussion of Comments
Some commenters questioned the need for establishing R-2511
contending that there is already enough existing restricted airspace in
the area which should be used to accomplish the NAWCWD's hazardous
activities.
In response, the NAWCWD considered whether there are alternatives
to the proposed R-2511 that might meet the Research, Development,
Acquisition, Testing, and Evaluation (RDAT&E) and training mission
requirements. To qualify, the SUA must be able to accommodate the
flight profile requirements; the launch and target areas must have the
supporting ground infrastructure needed to properly conduct RDAT&E
events, score tests, and record results; the impact areas must be on
government owned or controlled land; and the capability to
[[Page 63684]]
simulate various radio frequency (RF) threats to weapon and aircraft
systems is required. Changing the dimensions of the current restricted
areas R-2505 or R-2524 to fully accommodate the mission was not
feasible because the NAWCWD does not own or manage the land under any
proposed expansion of those areas.
The Navy also determined that using other existing restricted areas
in the vicinity to conduct free flight weapons tests do not meet the
screening requirements for appropriate ground infrastructure, and the
capability to test the operation of systems in an RF-contested
environment. The combined use of R-2511, R-2505, and R-2524 satisfies
all of the above screening criteria to support the NAWCWD's testing and
training needs. As discussed above, since 1995, these activities have
been safely conducted by using the Trona CFA to connect R-2505 and R-
2524. Because the CFA must be replaced, and the operation cannot be
moved elsewhere, R-2511 is the appropriate solution to provide
connectivity between R-2505 and R-2524.
Many commenters expressed concerns that R-2511 would impose a
significant adverse impact on gliders and general aviation aircraft,
traversing the Trona Pass. They noted that the Trona Pass is a key
route between the Los Angeles Basin and points east and northeast.
Further, some commenters wrote that R-2511 would have a dramatic impact
on glider operations conducting cross-country flights through the Trona
Pass. Gliders must operate at significantly higher altitudes in order
to obtain the lift they need. In addition, the commenters asserted that
the Trona Pass is the only safe path for gliders to return to their
home base when convective weather prevents other transitions.
The FAA expects the impact to gliders and general aviation aircraft
to be minimal. This is mainly due to the relatively infrequent use and
short activation periods established for R-2511. By rule, R-2511 must
be activated by Notice to Air Missions (NOTAM) issued at least 7-days
in advance. Additionally, the airspace can only be activated between
0700-1700 hours, Monday-Friday. Activation is further limited to no
more than two 2-hour periods per day, with a maximum annual usage of 36
days per year. This equates to a potential usage of 144 hours out of
8,760 hours per year, affording the aviation community the ability to
plan flights around these limited activation times, as well as the
option to fly beneath R-2511 when it is active, if conditions permit.
Commenters also expressed concerns that the NOTAM system is
difficult for pilots to use to obtain pre-flight information on the
status of SUAs, and that it is even more difficult to confirm the
status of SUAs once airborne.
In 2019, the FAA created the NOTAM Modernization Initiative to make
needed improvements to the NOTAM system. There is now a single FAA
website called ``NOTAM Search'' that enables pilots to access all
NOTAMs. NOTAM Search includes significant enhancements to the search
process such as the ability to query applicable NOTAMs based on the
planned route of flight, and to view only those NOTAMs that are
effective during a specific time period. NOTAM search can be accessed
at https://notams.aim.faa.gov/notamSearch. In addition, the FAA's SUA
website provides SUA schedule data for the next 24 hour period. The SUA
website can be accessed at https://sua.faa.gov. Finally, for R-2511,
the FAA must issue the NOTAM 7-days in advance.
A number of commenters stated that the Los Angeles Visual Flight
Rules (VFR) Sectional Aeronautical Chart should be updated to include
additional annotations clarifying the limited activity and the means to
verify the status of R-2511.
The Los Angeles VFR Sectional Aeronautical Chart does contain a
table that lists all SUA covered by the chart. The table includes the
altitudes, times of use, contact facility, and frequencies for each SUA
area. Data pertinent to R-2511 will be added to the SUA table on the
Los Angeles Sectional Aeronautical Chart. In addition a chart note will
be added in the vicinity of R-2511 with a point of contact at Joshua
Control Facility (JCF) (the FAA controlling agency) for R-2511 activity
status.
Several commenters suggested that the FAA either renew the Trona
CFA or establish a temporary flight restriction (TFR) instead of
creating R-2511.
Renewing the CFA is not an option because, as described above, CFAs
are not depicted on aeronautical charts, and the activity within a CFA
must be immediately suspended if a non-participating aircraft
approaches. This requirement is incompatible with the proponent's
mission requirements. A restricted area is the appropriate SUA to
contain this activity.
The FAA considered the use of TFRs in lieu of restricted airspace
and found that the activity conducted in R-2511 does not meet the
criteria for a TFR in accordance with 14 CFR part 91, General Operating
and Flight Rules. Part 91 does not contain a specific TFR regulatory
section that would cover the operations in R-2511. A restricted area is
the appropriate designation to segregate hazardous activities from
nonparticipating aircraft.
Other commenters stated that pilots tend to avoid restricted areas,
even when they are not active. This can lead to unnecessary detours,
and cause some pilots to avoid the airspace even when encountering
difficulties, possibly resulting in safety concerns.
Due to the infrequent activation of R-2511, and the requirement
that a NOTAM be issued at least 7-days in advance of activation, pilots
should expect that the Trona Pass would be available for transit at all
altitudes the majority of the time. However, the advance notification
requirements should provide pilots sufficient time to plan flights
around the times R-2511 is activated. Additionally, a note will be
depicted on the Los Angeles Sectional Aeronautical Chart, in the
vicinity of R-2511, with a Very High Frequency contact frequency for
use in verifying the status of the restricted area.
Commenters stated that the proposed 6,000-foot MSL restricted area
floor is too low for adequate terrain clearance and radio
communication. Other commenters suggested raising the floor of R-2511
from 6,000 feet MSL to 9,000 feet MSL, or 14,000 feet MSL to provide
increased terrain clearance for transiting below R-2511.
The Navy evaluated stratification of R-2511 altitudes but
determined that it is not practical for mission accomplishment. Most
weapons that will be launched across the corridor will vary their
flight altitude, either climbing to establish a ``look-down'' aspect
or, descending on their path toward their target. Additionally, the
weapon's altitude is expected to vary somewhat based on the shooter
aircraft's launch tolerances and weather conditions at the time.
Regarding communications coverage, the FAA controlling agency, JCF,
and the Frequency Management Officer have no reports of radio
communication issues. To ensure low-flying aircraft have good radio
coverage to the east of Trona/China Lake (over Death Valley), even down
as low as 1,000 feet AGL, JCF has three radio sites using 120.25
megahertz to communicate in the area of the Trona Pass. JCF monitors
all three sites and transmits on the optimal site based on the
aircraft's location. If necessary JCF also has tunable radios at other
sites which could be used based on aircraft location.
Several commenters maintained that the restricted area, when
active, poses a
[[Page 63685]]
safety risk to vehicular traffic on California State Highway (SR) 178
which lies beneath R-2511. The commenters were concerned that these
experimental and unpredictable weapons could cause fallout and render
SR 178 blocked or damaged, which would impact the Trona residents as SR
178 is the only road to and from the Searles Valley.
Experience with operations conducted in this area through the Trona
CFA since 1995, reveals an excellent safety record with no history of
operational incidents. There has been no documented impact to SR 178 or
the surrounding area. R-2511 replaces the Trona CFA using the same
operational safety requirements including: Weapons must be launched far
enough within R-2505 or R-2524 so that a malfunction during this
critical phase of flight results in a ground impact on military
property; all weapons transiting R-2511 will have a Flight Termination
System (FTS) capable of terminating the weapon's flight and ensuring it
does not leave a predetermined corridor; and, weapon system health and
status will be evaluated prior to launch and continuously throughout
the flight. Typically, the FTS is activated by the Flight Termination
Officer based on the missile's flight path and ``health'' as monitored
by on-board telemetry systems. A weapon will not be allowed to enter R-
2511 unless there is a high degree of certainty that it will safely
transit through R-2511 and into its target area in R-2505 or R-2524.
A number of commenters expressed concern that the restricted area
will block the Trona Pass, increasing the average flying time in the
area by 20 minutes. This increase in flight times could have an adverse
effect on time critical MEDEVAC and organ donor flights to and from Las
Vegas.
The FAA provides priority handling to civil air ambulance flights
when the pilot, in radio transmissions, verbally identifies the flight
by stating ``MEDEVAC.'' The FAA will develop a Letter of Procedure
(LOP) with the NAWCWD (the using agency) to define the specific terms
regarding the recall of R-2511 by the FAA controlling agency when
needed for MEDEVAC flights, emergencies, and weather deviations.
Two commenters wrote that once R-2511 is approved, there is nothing
to stop the times of designation from being increased.
As described above, the activation of R-2511 is subject to specific
limitations contained in the regulatory text. The airspace can only be
activated between 0700-1700 hours, local time, Monday-Friday, by a
NOTAM issued at least 7-days in advance. In addition, activation of R-
2511 is limited to a maximum of 36 days per year and no more than two
2-hour periods per day. The provisions limiting the activation of R-
2511 are written into the legal description of R-2511. Therefore, they
cannot be changed arbitrarily. The provisions can only be amended by
additional rulemaking action pursuant to 14 CFR part 73. This would
require a new NPRM, which would include a 45-day public comment period,
before any FAA decision to approve or disapprove the changes.
The Rule
This action amends 14 CFR part 73 by establishing restricted area
R-2511 in the vicinity of Trona, CA, to support a request from NAWCWD,
China Lake, CA.
R-2511 is located in the airspace between restricted areas R-2505
and R-2524 in an area informally known as the Trona Pass. R-2511
consists of the same lateral and vertical boundaries as the former
uncharted Trona CFA. R-2511 replaces the CFA to provide a connection
between R-2505 and R-2524. The designated altitudes extend from 6,000
feet mean sea level (MSL), to but not including 20,000 feet MSL. The
time of designation is: Intermittent, 0700-1700, local time, Monday-
Friday, as activated by a Notice to Air Missions (NOTAM) issued at
least 7-days in advance. Activation is limited to no more than 36 days
per year, and a maximum of two 2-hour blocks per day. R-2511 is a
joint-use restricted area meaning that, when the operation for which
the area was activated is completed, the restricted area will be
returned to the controlling agency for access by other airspace users.
This rule does not change or modify any current military flight
activities or weapons testing that already occurs in the existing
airspace.
Regulatory Notices and Analyses
The FAA 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 determined that this rulemaking action of establishing
restricted area R-2511, qualifies for categorical exclusion under the
National Environmental Policy Act (42 U.S.C. 4321 et seq.) and its
implementing regulations at 40 CFR part 1500, and in accordance with
FAA Order 1050.1F, Environmental Impacts: Policies and Procedures,
paragraph 5-6.5a, which categorically excludes from further
environmental impact review rulemaking actions that designate or modify
classes of airspace areas, airways, routes, and reporting points (see
14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and Reporting Points). As such, this
rulemaking action is not expected to result in any potentially
significant environmental impacts. In accordance with FAA Order
1050.1F, paragraph 5-2 regarding Extraordinary Circumstances, the FAA
has reviewed this action for factors and circumstances in which a
normally categorically excluded action may have a significant
environmental impact requiring further analysis. For this rulemaking
action, the FAA has determined that no extraordinary circumstances
exist that warrant preparation of an environmental assessment or
environmental impact study. On May 3, 2022, and in accordance with FAA
Order 1050.1F, paragraph 8-2--Adoption of Other Agencies' NEPA
Documents, the FAA adopted Naval Air Weapons Center Weapons Division's
(NAWCWD) Final Environmental Assessment (FEA) and Finding of No
Significant Impact/Record of Decision (FONSI) for the establishment of
R-2511, at the Naval Air Weapons Station China Lake (NAWSCL). NAWCWD
finalized its FEA and signed the FONSI on April 28, 2022.
Establishment of R-2511 would confine or segregate activities
considered hazardous to non-participating aircraft, defined as any
aircraft (military or civilian) not actively involved in the research,
development, acquisition, test, and evaluation (RDAT&E) activities
within the restricted area, when activated. As the lead agency, the
Navy prepared the FEA in accordance with the National Environmental
Policy Act (NEPA). The Navy invited the FAA to participate as a
cooperating agency based on FAA's jurisdiction by law over special use
[[Page 63686]]
airspace (SUA) which includes restricted areas as defined in FAA Order
7400.2. As a cooperating agency, the FAA coordinated the NEPA
environmental impact analysis reviews closely with the Navy, and
actively participated in the preparation of the Navy's FEA. In
accordance with FAA Order 1050.1F, Environmental Impacts: Policies and
Procedures, and the Council on Environmental Quality's (CEQ) NEPA
implementing regulations at 40 CFR part 1500, the FAA conducted an
independent evaluation and analysis of the NAWCWD FEA and adopted it in
support of FAA's decision to establish R-2511 for implementation of the
Navy's proposed action. Based on the environmental impact analyses in
the Navy's FEA, the FAA has determined that it's Proposed Action of
establishing R-2511, and the Navy's use of R-2511, would not result in
any significant environmental impacts.
List of Subjects in 14 CFR Part 73
Airspace, Prohibited areas, Restricted areas.
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. 73.25 California [Amended]
0
2. Section 73.25 is amended as follows:
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R-2511 Trona, CA [New]
Boundaries. Beginning at lat. 35[deg]37'30'' N; long.
117[deg]35'33'' W; to lat. 35[deg]40'30'' N; long. 117[deg]25'03'' W;
to lat. 35[deg]36'00'' N; long. 117[deg]16'55'' W; to lat.
35[deg]36'00'' N; long. 117[deg]26'03'' W; to lat. 35[deg]27'40'' N;
long. 117[deg]26'03'' W; to the point of beginning.
Designated Altitudes. 6,000 feet MSL, to but not including, FL 200.
Time of Designation. Intermittent, 0700-1700 local time, Monday-
Friday; as activated by NOTAM at least 7-days in advance. Activation
limited to no more than 36 days per year, and a maximum of two 2-hour
blocks each day.
Controlling Agency. FAA, Joshua Control Facility, Edwards Air Force
Base, CA.
Using Agency. Naval Air Warfare Center Weapons Division, China
Lake, CA.
* * * * *
Issued in Washington, DC, on October 17, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-22783 Filed 10-19-22; 8:45 am]
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