[Federal Register Volume 88, Number 68 (Monday, April 10, 2023)]
[Proposed Rules]
[Pages 21146-21148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07398]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2023-0504; Airspace Docket No. 21-ASO-25]
RIN 2120-AA66


Amendment of Restricted Areas R-3004A, R-3004B, and R-3004C; Fort 
Gordon, GA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend restricted areas R-3004A, R-
3004B, and R-3004C at U.S. Army Installation Management Command (IMCOM) 
Fort Gordon, GA. The proposed amended airspace would align the lateral 
boundaries to encompass the majority of the training complex and amend 
the vertical divisions for better management to activate only the 
airspace required to support the Army's training. It would also remove 
restrictions on aircraft operations on weekends, flight above 12,000 
feet above ground level (AGL), and the requirement that weather minima 
exceed standard Visual Flight Rules (VFR) criteria.

DATES: Comments must be received on or before May 25, 2023.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-0504 and 
Airspace Docket No. 21-ASO-25 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow 
the online instructions for sending your comments electronically.
    * Mail: Send comments to Docket Operations, M-30; U.S. Department 
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West 
Building Ground Floor, Washington, DC 20590-0001.
    * Hand Delivery or Courier: Take comments to Docket Operations in 
Room W12-140 of the West Building Ground Floor at 1200 New Jersey 
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.
    * Fax: Fax comments to Docket Operations at (202) 493-2251.
    Docket: Background documents or comments received may be read at 
www.regulations.gov at any time. Follow the online instructions for 
accessing the docket or go to the Docket Operations in Room W12-140 of 
the West Building Ground Floor at 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

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 as it amends restricted area airspace at Fort Gordon, 
GA, to enhance aviation safety and accommodate essential U.S. Army 
training activities.

Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal. The most 
helpful comments reference a specific portion of the proposal, explain 
the reason for any recommended change, and include supporting data. To 
ensure the docket does not contain duplicate comments, commenters 
should submit only one time if comments are filed electronically, or 
commenters should send only one copy of written comments if comments 
are filed in writing.
    The FAA will file in the docket all comments it receives, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this proposed rulemaking. Before acting on this 
proposal, the FAA will consider all comments it receives on or before 
the closing date for comments. The FAA will consider comments filed 
after the comment period has closed if it is possible to do so without 
incurring expense or delay. The FAA may change this proposal in light 
of the comments it receives.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

Availability of Rulemaking Documents

    An electronic copy of this document may be downloaded through the 
internet at www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's web page at 
www.faa.gov/air_traffic/publications/airspace_amendments/.

[[Page 21147]]

    You may review the public docket containing the proposal, any 
comments received and any final disposition in person in the Dockets 
Office (see ADDRESSES section for address, phone number, and hours of 
operation). 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 Avenue, College Park, 
GA 30337.

Background

    The U.S. Army submitted a proposal to the FAA to amend the existing 
restricted areas at IMCOM Fort Gordon, GA, to realign the lateral 
boundaries to encompass the majority of the training complex, to align 
with weapon delivery system advancements in aviation and artillery, and 
to contain artillery and rockets. Amending the vertical divisions of 
the area will align with typical training requirements and would result 
in simpler and more efficient scheduling, and release of airspace to 
the public when not in use.
    The removal of the aircraft weather minima and altitude restriction 
will increase aviation-related training opportunities and provide 
additional aviation maneuvering space to support training and 
operations. The removal of weekend restrictions will provide the 
opportunity for National Guard and Reserve units to conduct air 
operations and airborne training during their weekend drills.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 73 to amend 
restricted areas R-3004A, R-3004B, and R-3004C at U.S. Army IMCOM Fort 
Gordon, GA. The three areas share common boundaries that overlie each 
other. The proposed changes are described below.
    R-3004A: R-3004A currently extends from the surface to but not 
including 3,500 feet mean sea level (MSL). This proposal would lower 
the ceiling of R-3004A to read ``to but not including 2,500 feet MSL.'' 
This change would contain the majority of day-to-day training 
requirements so that, as amended, only R-3004A would need to be 
activated on a regular basis.
    R-3004B: R-3004B currently extends from 3,500 feet MSL to 7,000 
feet MSL. The floor of R-3004B would be lowered from 3,500 feet MSL to 
2,500 feet MSL in conjunction with the amended ceiling of R-3004A, 
described above. The ceiling of R-3004B would be raised from 7,000 feet 
MSL to but not including 10,000 feet MSL. This change would better 
align restricted airspace with Fort Gordon's typical training 
requirements.
    R-3004C: R-3004C currently extends from 7,000 feet MSL to 16,000 
feet MSL. This proposal would raise the floor of R-3004C from 7,000 
feet MSL to 10,000 feet MSL, in conjunction with the change to R-3004B, 
described above.
    The proposed changes to the restricted area altitudes described 
above would reduce the need to activate all three restricted areas to 
accomplish daily training. This would provide the flexibility to 
activate only those restricted area segments required for the planned 
training events, while leaving the unused segment(s) available for 
access by other aviation users.
    The current lateral configuration of R-3004A, B, and C is not large 
enough to allow for the use of realistic tactics and procedures to 
support current and emerging training requirements at Fort Gordon. The 
southwest boundary of the restricted areas extends slightly beyond the 
installation property line. This proposal would adjust the southwest 
boundary so that the boundary is contained within installation 
property. Additionally, the proposal would expand the lateral limits R-
3004A, B, and C farther to the north and northeast to incorporate the 
majority of Fort Gordon property. This expansion would be fully 
contained within the current boundaries of federally owned land within 
the Fort Gordon range complex.
    The time of designation for all three restricted areas would remain 
``By NOTAM 24 hours in advance.''
    The current descriptions of R-3004A, B, and C contain certain terms 
and conditions that limit aircraft activities in the airspace as 
follows:
    1. Aircraft activities must not be conducted on weekends, national 
holidays, or from the Sunday prior to the Masters Golf Tournament 
through the Monday after (and subsequent weather days if required).
    2. Aircraft activities may only be conducted from the surface to 
12,000 feet AGL.
    3. Weather conditions required for aircraft activities are 5 miles 
visibility and with prevailing clouds or obscuring phenomena no greater 
than five-tenths coverage of the sky and bases no lower than 3,000 feet 
AGL.
    These conditions were implemented in 1984 when the U.S. Air Force 
began using the restricted areas to conduct air-to-surface inert and 
practice ordnance delivery. The Air Force no longer uses the restricted 
areas for delivery of aerial munitions, so these terms and conditions 
now restrict combined arms and joint service training opportunities 
(involving aircraft) for units that train at Fort Gordon.
    Consequently, this proposal would remove the restrictions on 
aircraft activities on weekends and remove the restrictions on aircraft 
activities above 12,000 feet AGL and remove the overly restrictive 
weather minima. However, the following limitations would be retained:
    ``Aircraft activities must not be conducted on national holidays, 
or from the Sunday prior to the Masters Tournament through the Monday 
after (and subsequent weather days if required).''

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 subject 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.

[[Page 21148]]

Sec.  73.30  Georgia [Amended]

0
2. Section 73.30 is amended as follows:
* * * * *

R-3004A Fort Gordon, GA [Amended]

    Boundaries. Beginning at lat. 33[deg]25'03''N, long. 
82[deg]12'15''W;
    to lat. 33[deg]23'48''N, long. 82[deg]08'56''W;
    to lat. 33[deg]22'20''N, long. 82[deg]08'33''W;
    to lat. 33[deg]21'33''N, long. 82[deg]09'10''W;
    to lat. 33[deg]20'15''N, long. 82[deg]10'57''W.,
    to lat. 33[deg]17'41''N, long. 82[deg]16'11''W;
    to lat. 33[deg]18'23''N, long. 82[deg]16'17''W;
    to lat. 33[deg]18'22''N, long. 82[deg]16'39''W;
    to lat. 33[deg]17'29''N, long. 82[deg]16'52''W;
    to lat. 33[deg]16'57''N, long. 82[deg]17'39''W;
    to lat. 33[deg]16'56''N, long. 82[deg]18'50''W;
    to lat. 33[deg]17'27''N, long. 82[deg]21'19''W;
    to lat. 33[deg]17'41''N, long. 82[deg]22'35''W;
    to lat. 33[deg]19'26''N, long. 82[deg]22'15''W;
    to lat. 33[deg]22'37''N, long. 82[deg]16'58''W;
    to lat. 33[deg]23'50''N, long. 82[deg]14'03''W;
    to the point of beginning.
    Designated Altitudes. Surface to but not including 2,500 feet MSL.
    Time of designation. By NOTAM 24 hours in advance.
    Controlling agency. FAA, Atlanta ARTCC.
    Using agency. U.S. Army, Commanding Officer, Fort Gordon, GA.
    Remarks. Aircraft activities must not be conducted on national 
holidays or from the Sunday prior to the Masters Golf Tournament 
through the Monday after (and subsequent weather days if required).

R-3004B Fort Gordon, GA [Amended]

    Boundaries. Beginning at lat. 33[deg]25'03''N, long. 
82[deg]12'15''W;
    to lat. 33[deg]23'48''N, long. 82[deg]08'56''W;
    to lat. 33[deg]22'20''N, long. 82[deg]08'33''W;
    to lat. 33[deg]21'33''N, long. 82[deg]09'10''W;
    to lat. 33[deg]20'15''N, long. 82[deg]10'57''W;
    to lat. 33[deg]17'41''N, long. 82[deg]16'11''W;
    to lat. 33[deg]18'23''N, long. 82[deg]16'17''W;
    to lat. 33[deg]18'22''N, long. 82[deg]16'39''W;
    to lat. 33[deg]17'29''N, long. 82[deg]16'52''W;
    to lat. 33[deg]16'57''N, long. 82[deg]17'39''W;
    to lat. 33[deg]16'56''N, long. 82[deg]18'50''W;
    to lat. 33[deg]17'27''N, long. 82[deg]21'19''W;
    to lat. 33[deg]17'41''N, long. 82[deg]22'35''W;
    to lat. 33[deg]19'26''N, long. 82[deg]22'15''W;
    to lat. 33[deg]22'37''N, long. 82[deg]16'58''W;
    to lat. 33[deg]23'50''N, long. 82[deg]14'03''W;
    to the point of beginning.
    Designated Altitudes. 2,500 feet MSL to but not including 10,000 
feet MSL.
    Time of designation. By NOTAM 24 hours in advance.
    Controlling agency. FAA, Atlanta ARTCC.
    Using agency. U.S. Army, Commanding Officer, Fort Gordon, GA.
    Remarks. Aircraft activities must not be conducted on national 
holidays or from the Sunday prior to the Masters Golf Tournament 
through the Monday after (and subsequent weather days if required).

R-3004C Fort Gordon, GA [Amended]

    Boundaries. Beginning at lat. 33[deg]25'03''N, long. 
82[deg]12'15''W;
    to lat. 33[deg]23'48''N, long. 82[deg]08'56''W;
    to lat. 33[deg]22'20''N, long. 82[deg]08'33''W;
    to lat. 33[deg]21'33''N, long. 82[deg]09'10''W;
    to lat. 33[deg]20'15''N, long. 82[deg]10'57''W;
    to lat. 33[deg]17'41''N, long. 82[deg]16'11''W;
    to lat. 33[deg]18'23''N, long. 82[deg]16'17''W;
    to lat. 33[deg]18'22''N, long. 82[deg]16'39''W;
    to lat. 33[deg]17'29''N, long. 82[deg]16'52''W;
    to lat. 33[deg]16'57''N, long. 82[deg]17'39''W;
    to lat. 33[deg]16'56''N, long. 82[deg]18'50''W;
    to lat. 33[deg]17'27''N, long. 82[deg]21'19''W;
    to lat. 33[deg]17'41''N, long. 82[deg]22'35''W;
    to lat. 33[deg]19'26''N, long. 82[deg]22'15''W;
    to lat. 33[deg]22'37''N, long. 82[deg]16'58''W;
    to lat. 33[deg]23'50''N, long. 82[deg]14'03''W;
    to the point of beginning.
    Designated Altitudes. 10,000 feet MSL to 16,000 feet MSL.
    Times of designation. By NOTAM 24 hours in advance.
    Controlling agency. FAA, Atlanta ARTCC.
    Using agency. U.S. Army, Commanding Officer, Fort Gordon, GA.
    Remarks. Aircraft activities must not be conducted on national 
holidays or from the Sunday prior to the Masters Golf Tournament 
through the Monday after (and subsequent weather days if required).
* * * * *

    Issued in Washington, DC, on April 4, 2023.
Brian Konie,
Acting Manager, Airspace Rules and Regulations Group.
[FR Doc. 2023-07398 Filed 4-7-23; 8:45 am]
BILLING CODE 4910-13-P