Proposed Establishment of Restricted Areas, Camp Lejeune, NC

DEPARTMENT OF TRANSPORTATION

14 CFR Part 73

[Airspace Docket No. 94-ASO-18]

Proposed Establishment of Restricted Areas, Camp Lejeune, NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice proposes the establishment of restricted areas at

Camp Lejeune, NC. The United States Marine Corps (USMC) has determined

that the existing ranges at Camp Lejeune are inadequate to meet both

current and projected Marine Corps training requirements. The proposed

restricted areas would accommodate an expansion of the Camp Lejeune

facilities to improve range training capabilities.

DATES: Comments must be received on or before July 31, 1995.

ADDRESSES: Send comments on the proposal in triplicate to: Manager, Air

Traffic Division, ASO-500, Docket No. 94-ASO-18, Federal Aviation

Administration, P.O. Box 20636, Atlanta, GA 30320.

The official docket may be examined in the Rules Docket, Office of

the Chief Counsel, Room 916, 800 Independence Avenue SW., Washington,

DC, weekdays, except Federal holidays, between 8:30 a.m. and 5 p.m.

An informal docket may also be examined during normal business

hours at the office of the Regional Air Traffic Division.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Military Operations

Program Office (ATM-420), Office of Air Traffic System Management,

Federal Aviation [[Page 31427]] Administration, 800 Independence Avenue

SW., Washington, DC 20591; telephone: (202) 267-9361.

SUPPLEMENTARY INFORMATION:

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 the airspace docket number and be

submitted in triplicate to the address listed above. Commenters wishing

the FAA to acknowledge receipt of their comments on this notice must

submit with those comments a self-addressed, stamped postcard on which

the following statement is made: ``Comments to Airspace Docket No. 94-

ASO-18.'' The postcard will be date/time stamped and returned to the

commenter. Send comments on environmental and land-use aspects to:

Commanding General, Operations, MCAS, PSC Box 8011, Cherry Point, NC

28533, ATTN: Lt. Col. Clark. 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

notice may be changed in light of comments received. All comments

submitted will be available for examination in the Rules 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 NPRM's

Any person may obtain a copy of this Notice of Proposed Rulemaking

(NPRM) by submitting a request to the Federal Aviation Administration,

Office of Public Affairs, Attention: Public Inquiry Center, APA-220,

800 Independence Avenue SW., Washington, DC 20591, or by calling (202)

267-3485. Communications must identify the notice number of this NPRM.

Persons interested in being placed on a mailing list for future NPRM's

should also request a copy of Advisory Circular No. 11-2A, which

describes the application procedure.

The Proposal

The FAA is considering an amendment to part 73 of the Federal

Aviation Regulations (14 CFR part 73) to establish restricted areas at

Camp Lejeune, NC. The USMC requested that the FAA establish these

restricted areas because the existing facilities at Camp Lejeune do not

have adequate firing ranges, maneuver areas, and impact areas to

accommodate the expanded, complex training requirements that have

evolved over the years. These documented range shortfalls preclude Camp

Lejeune from satisfying a number of basic Fleet Marine Force training

requirements, forcing the USMC to conduct periodic, multi-million

dollar deployments of personnel and equipment to other locations to

complete essential training events. The proposed restricted areas are

necessary to accommodate the training facilities at Camp Lejeune. The

proposed restricted areas would be designated over a Government-

purchased tract of land contiguous to Camp Lejeune, known as the

Greater Sandy Run Area. The restricted areas, designated R-5303 and R-

5304, would extend from the surface up to but not including Flight

Level (FL) 180. R-5303 and R-5304 would each be subdivided vertically

into three sections (A, B, and C) to facilitate the real-time

activation of the restricted areas, and to enable release of the

airspace to accommodate nonparticipating air traffic. These

subdivisions would be configured as follows: R-5303A and R-5304A would

extend from the surface to but not including 7,000 feet MSL; R-5303B

and R-5304B would extend from 7,000 feet MSL to but not including

10,000 feet MSL; and R-5303C and R-5304C would extend from 10,000 feet

MSL to but not including FL 180. The activities to be conducted in the

restricted areas would include the firing of various surface weapons

and air-delivered ordnance. Aerial ordnance delivery would be limited

to helicopters only. Most training activities would be conducted in the

lowest portion of the restricted areas (i.e., R-5303A and R-5304A,

below 7,000 feet MSL). The proposed time of designation for R-5303A and

R-5304A would be 0600 to 1800 local time, Monday through Friday; with a

provision for activation at other times by a Notice To Airmen (NOTAM)

at least 6 hours in advance. R-5303B, R-5303C, R-5304B, and R-5304C

would be activated by NOTAM at least 6 hours in advance when required

for training. It is estimated that the highest altitude strata of the

restricted areas would be required approximately 10 percent of the

time. An estimated 75 percent of the total training activities would

take place during daylight hours. On a yearly basis, it is projected

that the restricted areas would be used on 30- to 40-week nights.

Training would also be conducted on 30- to 40-weekend days, which may

include additional night-time operations. Peak firing periods are

expected to occur between the hours of 0800-1600, Tuesday, Wednesday,

and Thursday; with March through October projected as the peak firing

months. The proposed restricted areas were configured to maximize

training flexibility, and to facilitate the activation of only those

portions of the restricted areas actually needed for training

operations. The proposed restricted areas would affect the utilization

of the segment of V-139 between Wilmington, NC (ILM) and New Bern, NC

(EWN). In order to minimize the affect on air traffic utilizing V-139,

the restricted areas would be subject to real-time activation

procedures. The lowest subareas (R-5303A and R-5304A, extending from

the surface to but not including 7,000 feet MSL) would be the most

frequently used portions of the restricted areas. Normally, V-139 above

7,000 feet MSL would remain available for transit by nonparticipating

aircraft. Procedures for real-time use of the restricted areas would be

specified in a joint-use letter of procedure (LOP) between the using

agency and the appropriate ATC facilities. The LOP also would include

provisions to give ATC priority for use of the areas when necessary

during periods of severe weather, or other emergency situations. The

coordinates for this airspace docket are based on North American Datum

83. Section 73.53 of part 73 of the Federal Aviation Regulations was

republished in FAA Order 7400.8B dated March 9, 1994.

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 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

[[Page 31428]] under the criteria of the Regulatory Flexibility Act.

Environmental Review

This proposal will be subjected to appropriate environmental impact

analysis by the proponent and the FAA prior to any FAA final regulatory

action.

List of Subjects in 14 CFR Part 73

Airspace, Navigation (air).

The Proposed Amendment

In consideration of the foregoing, the Federal Aviation

Administration proposes to amend 14 CFR part 73 as follows:

PART 73--[AMENDED]

1. The authority citation for 14 CFR part 73 continues to read as

follows:

Authority: 49 U.S.C. 40103, 40113, 40120; E.O. 10854, 24 FR

9565, 3 CFR, 1959-1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR

11.69.

Sec. 73.53 [Amended]

2. Section 73.53 is amended as follows:

R-5303A Camp Lejeune, NC [New]

Boundaries. Beginning at lat. 34 deg.41'40'' N., long.

77 deg.33'09'' W.; to lat. 34 deg.39'16'' N., long. 77 deg.28'31''

W.; to lat. 34 deg.36'51'' N., long. 77 deg.29'01'' W.; to lat.

34 deg.36'13'' N., long. 77 deg.31'51'' W.; to lat. 34 deg.37'03''

N., long. 77 deg.35'25'' W.; to lat. 34 deg.38'49'' N., long.

77 deg.37'31'' W.; to point of beginning.

Designated altitudes. Surface to but not including 7,000 feet MSL,

excluding the airspace 1,500 feet AGL and below within a 3NM radius

of Sky Manor Airport.

Time of designation. 0600-1800 Monday-Friday; other times by NOTAM

at least 6 hours in advance.

Controlling agency. USMC, Cherry Point Approach Control.

Using agency. USMC, Commanding General, U.S. Marine Corps Air

Station, Cherry Point, NC.

R-5303B Camp Lejeune, NC [New]

Boundaries. Beginning at lat. 34 deg.41'40'' N., long.

77 deg.33'09'' W.; to lat. 34 deg.39'16'' N., long. 77 deg.28'31''

W.; to lat. 34 deg.36'51'' N., long. 77 deg.29'01'' W.; to lat.

34 deg.36'13'' N., long. 77 deg.31'51'' W.; to lat. 34 deg.37'03''

N., long. 77 deg.35'25'' W.; to lat. 34 deg.38'49'' N., long.

77 deg.37'31'' W.; to point of beginning.

Designated altitudes. 7,000 feet MSL to but not including 10,000

feet MSL.

Time of designation. By NOTAM at least 6 hours in advance.

Controlling agency. USMC, Cherry Point Approach Control.

Using agency. USMC, Commanding General, U.S. Marine Corps Air

Station, Cherry Point, NC.

R-5303C Camp Lejeune, NC [New]

Boundaries. Beginning at lat. 34 deg.41'40'' N., long.

77 deg.33'09'' W.; to lat. 34 deg.39'16'' N., long. 77 deg.28'31''

W.; to lat. 34 deg.36'51'' N., long. 77 deg.29'01'' W.; to lat.

34 deg.36'13'' N., long. 77 deg.31'51'' W.; to lat. 34 deg.37'03''

N., long. 77 deg.35'25'' W.; to lat. 34 deg.38'49'' N., long.

77 deg.37'31'' W.; to point of beginning.

Designated altitudes. 10,000 feet MSL to but not including FL 180.

Time of designation. By NOTAM at least 6 hours in advance.

Controlling agency. FAA, Washington ARTCC.

Using agency. USMC, Commanding General, U.S. Marine Corps Air

Station, Cherry Point, NC.

R-5304A Camp Lejeune, NC [New]

Boundaries. Beginning at lat. 34 deg.37'03'' N., long.

77 deg.35'25'' W.; to lat. 34 deg.36'13'' N., long. 77 deg.31'51''

W.; to lat. 34 deg.36'51'' N., long. 77 deg.29'01'' W.; to lat.

34 deg.32'16'' N., long. 77 deg.30'13'' W.; to lat. 34 deg.29'43''

N., long. 77 deg.33'15'' W.; to lat. 34 deg.32'42'' N., long.

77 deg.34'54'' W.; to point of beginning.

Designated altitudes. Surface to but not including 7,000 feet MSL,

excluding the airspace 1,500 feet AGL and below within a 3NM radius

of Holly Ridge airport.

Time of designation. 0600-1800, Monday-Friday; other times by NOTAM

at least 6 hours in advance.

Controlling agency. USMC, Cherry Point Approach Control.

Using agency. USMC, Commanding General, U.S. Marine Corps Air

Station, Cherry Point, NC.

R-5304B Camp Lejeune, NC [New]

Boundaries. Beginning at lat. 34 deg.37'03'' N., long.

77 deg.35'25'' W.; to lat. 34 deg.36'13'' N., long. 77 deg.31'51''

W.; to lat. 34 deg.36'51'' N., long. 77 deg.29'01'' W.; to lat.

34 deg.32'16'' N., long. 77 deg.30'13'' W.; to lat. 34 deg.29'43''

N., long. 77 deg.33'15'' W.; to lat. 34 deg.32'42'' N., long.

77 deg.34'54'' W.; to point of beginning.

Designated altitudes. 7,000 feet MSL to but not including 10,000

feet MSL.

Time of designation. By NOTAM at least 6 hours in advance.

Controlling agency. USMC, Cherry Point Approach Control.

Using agency. USMC, Commanding General, U.S. Marine Corps Air

Station, Cherry Point, NC.

R-5304C Camp Lejeune, NC [New]

Boundaries. Beginning at lat. 34 deg.37'03'' N., long.

77 deg.35'25'' W.; to lat. 34 deg.36'13'' N., long. 77 deg.31'51''

W.; to lat. 34 deg.36'51'' N., long. 77 deg.29'01'' W.; to lat.

34 deg.32'16'' N., long. 77 deg.30'13'' W.; to lat. 34 deg.29'43''

N., long. 77 deg.33'15'' W.; to lat. 34 deg.32'42'' N., long.

77 deg.34'54'' W.; to point of beginning.

Designated altitudes. 10,000 feet MSL to but not including FL 180.

Time of designation. By NOTAM at least 6 hours in advance.

Controlling agency. FAA, Washington ARTCC.

Using agency. USMC, Commanding General, U.S. Marine Corps Air

Station, Cherry Point, NC.

Issued in Washington, DC, on June 7, 1995.

Harold W. Becker,

Manager, Airspace-Rules and Aeronautical Information Division.

[FR Doc. 95-14656 Filed 6-14-95; 8:45 am]

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