Establishment of Restricted Areas; Camp Lejeune, NC

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Airspace Docket No. 94-ASO-18]

RIN 2120-AA66

Establishment of Restricted Areas; Camp Lejeune, NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action establishes restricted areas at Camp Lejeune, NC,

to augment an expansion of the existing Camp Lejeune training range

facilities. The U.S. Marine Corps (USMC) requested this action in order

to accommodate the increased training activities required by

operational units.

EFFECTIVE DATE: 0901 UTC, November 6, 1997.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace and Rules

Division,

[[Page 52227]]

ATA-400, Office of Air Traffic Airspace Management, Federal Aviation

Administration, 800 Independence Avenue, SW., Washington, DC 20591;

telephone (202) 267-8783.

SUPPLEMENTARY INFORMATION:

Background

The USMC requested that the FAA establish restricted areas at Camp

Lejeune, NC, because the existing facilities do not contain sufficient

firing ranges, maneuver areas, or impact areas to accommodate the

expanded, more complex Marine Corps training requirements which have

evolved in recent years. Two USMC studies documented shortfalls in the

existing range capabilities. These limitations have precluded Camp

Lejeune from fulfilling a number of basic Fleet Marine Force training

requirements. As a result, the USMC has been required to conduct

periodic, multi-million dollar deployments of personnel and equipment

to other locations in the United States in order to complete essential

training events.

On June 15, 1995, the FAA published a notice of proposed rulemaking

(NPRM) which proposed to amend 14 CFR part 73 to establish Restricted

Areas R-5303A, B, and C, and R-5304A, B, and C, at Camp Lejeune, NC (60

FR 31426).

Interested parties were invited to participate in this rulemaking

effort by submitting written comments on the proposal to the FAA. Two

comments were received by the FAA in response to the proposal. The

Aircraft Owners and Pilots Association objected to the proposal,

stating that the restricted areas would interfere with general aviation

aircraft transiting the area and would prevent pilots from using

Federal Airway V-139 between Wilmington, NC, and New Bern, NC.

The restricted areas will be managed on a real-time basis to

minimize impact on nonparticipating aircraft. Cherry Point Approach

Control will be the designated controlling agency for the restricted

areas. The approach control has dedicated direct landlines to the Camp

Lejeune Range Control and has the authority to call an immediate cease

fire in the event of an aircraft emergency, unauthorized aircraft

intrusion, or operational necessity. The lowest subareas, R-5303A and

R-5304A, will be the most frequently used areas. Normally, V-139, above

7,000 feet mean sea level (MSL), will remain available for transit by

nonparticipating aircraft. When nonparticipating aircraft on V-139 are

unable to transit above the restricted area altitudes in use, the range

activity will either be capped, or a cease fire imposed, to accommodate

the aircraft on the airway. On occasion, air traffic control (ATC) may

vector nonparticipating aircraft off the airway to the east of the

range through Restricted Areas R-5306D and R-5306E, which will be

deactivated for that purpose.

The FAA believes that the real-time procedures for the activation

and deactivation of the airspace should minimize the impact on

nonparticipating aircraft.

The North Carolina Department of Transportation (NCDOT) commented

that the mitigation procedures satisfy its concerns about the impact on

general aviation and, provided that the range and airspace operations

are conducted as proposed, the proposal may be the best compromise for

all airspace users. However, NCDOT expressed concerns about the

proposal considering the amount of existing special use airspace (SUA)

in the State, and the impact on V-139. NCDOT suggested that this action

should be reviewed after the airspace has been operational for some

time and that, if the real-time procedures do not prove satisfactory, a

new airway segment should be considered between Wilmington and New Bern

with an intersection over the Albert J. Ellis Airport, Jacksonville,

NC. NCDOT further commented that the 6-hour Notices to Airmen (NOTAM)

time proposed in the time of designation of the restricted areas is too

short.

In response to NCDOT's comment, the time requirement for NOTAM

activation of the restricted areas will be increased from the proposed

6 hours in advance, to 24 hours in advance. Regarding the impact on V-

139, the FAA believes that the real-time use procedures should minimize

the impact to aircraft transiting the area or utilizing V-139. As part

of its annual review of SUA, the FAA will monitor the implementation of

this rule and the effectiveness of the real-time procedures described

above. Airspace and/or procedural modifications may be considered in

the future, if warranted.

The Rule

This rule amends 14 CFR part 73 by establishing Restricted Areas R-

5303A, B, and C, and R-5304A, B, and C, at Camp Lejeune, NC. The

restricted areas will overlie a Government-purchased tract of land

contiguous to Camp Lejeune, known as the Greater Sandy Run Area, and

will extend from the surface up to but not including Flight Level (FL)

180. The airspace will be subdivided vertically. The subdivisions will

be configured as follows: R-5303A and R-5304A extending from the

surface to but not including 7,000 feet Mean Sea Level (MSL); R-5303B

and R-5304B extending from 7,000 feet MSL to but not including 10,000

feet MSL; and R-5303C and R-5304C extending from 10,000 feet MSL to but

not including FL 180.

The activities to be conducted in the restricted areas include the

firing of various surface weapons and air-delivered ordnance

(helicopters only). No fixed-wing participating aircraft operations

will be conducted in the restricted areas. Most training activities

will be conducted in the lowest portion of the restricted areas (i.e.,

R-5303A and R-5304A, below 7,000 feet MSL).

The time of designation for R-5303A and R-5304A will be 0600 to

1800 local time, Monday through Friday, with a provision for activation

at other times by NOTAM at least 24 hours in advance. Restricted Areas

R-5303B/C and R-5304B/C will be activated by NOTAM at least 24 hours in

advance when required for training.

It is estimated that the highest altitude strata of the restricted

areas will be required approximately 10% of the time. An estimated 75%

of the total training activities will take place during daylight hours.

On a yearly basis, it is projected that the restricted areas will be

used on 30 to 40 weeknights. Training will 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 new restricted areas will be configured to maximize training

flexibility and to facilitate the activation of only those portions of

the restricted areas actually needed for training operations. When

activated, the restricted areas may impact the segment of V-139 between

Wilmington, NC, and New Bern, NC. In order to minimize the impact on

air traffic utilizing V-139, the restricted areas will be subject to

real-time activation procedures. The lowest subareas, R-5303A and R-

5304A, will be the most frequently used areas. Normally, V-139, above

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

aircraft. When nonparticipating aircraft on V-139 are unable to transit

above the restricted area altitudes in use, the range activity will

either be capped, or a cease fire imposed, to accommodate the aircraft

on the airway. On occasion, ATC may vector nonparticipating aircraft

off the airway to the east of the range through Restricted Areas R-

5306D and R-5306E,

[[Page 52228]]

which will be deactivated for that purpose. These procedures will be

specified in a joint-use letter of procedure between the using agency

and the controlling agency. The letter of procedure will include

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

during periods of severe weather, or emergency situations.

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.

Therefore, this regulation: (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 will not have a significant economic impact on

a substantial number of small entities under the criteria of the

Regulatory Flexibility Act.

Section 73.53 of 14 CFR part 73 was republished in FAA Order

7400.8D dated July 11, 1996.

Environmental Review

The USMC issued a final environmental impact statement (EIS) in May

1991 for the Proposed Expansion and Realignment of the Marine Corps

Base Camp Lejeune Onslow County, NC. Based upon proximity to the ground

site for military training and other geographic factors, the USMC

considered 13 alternatives as potential solutions to accommodate

training needs at Camp Lejeune. These alternatives included a variety

of options ranging from maintaining the status quo (no action) to

relocating of Marine Corps Base Camp Lejeune, as well as increasing

off-base training. Two airspace alternatives were brought forward for

further consideration; Alternative One, which is the designation of new

restricted areas at Camp Lejueune, as described in this rule and the No

Action Alternative. Alternative One was identified as the

environmentally preferable alternative in the EIS.

The No Action Alternative would consist of the continued

utilization of existing training facilities, with no additional special

use airspace to contain the increased training activities needed by

operational units. The No Action Alternative failed to address the

training deficiencies as identified at Camp Lejeune. Without the

additional special use airspace, implementation of Marine Battle Skills

Training would increase training pressures on existing firing ranges

outside the area of Camp Lejeune. Modern long-range weapons would not

be accommodated at Camp Lejeune and would continue to be deployed

elsewhere. The USMC issued a Record of Decision in October 1991 that

adopted all practicable means to avoid or minimize harm.

In June 1997, the USMC submitted to the FAA an Addendum to the EIS.

In August 1997, the FAA completed a written reevaluation of the EIS and

adopted and recirculated the Addendum and the EIS as final, pursuant to

40 CFR 1506-3(a) and (b) 62 FR 43730 and 62 FR 44685. After careful and

thorough consideration of the facts contained herein and following

consideration of the views of those Federal agencies having

jurisidiction by law and special expertise with respect to the

environmental impacts described, the undersigned finds that the

proposed Federal action is consistent with existing national policies

and objectives as set forth in section 101 (a) of the National

Environmental Policy Act of 1969, as amended.

This final rule constitutes final agency action under 49 USC 46110.

Any person disclosing a substantial interest in this order may appeal

the order to the courts of appeal of the United States or the United

States or the United States Court of Appeals of the District of

Columbia upon petition, filed within 60 days after the order is issued.

List of Subjects in 14 CFR Part 73

Airspace, Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the Federal Aviation

Administration amends 14 CFR part 73, as follows:

PART 73--SPECIAL USE AIRSPACE

1. The authority citation for part 73 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24

FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

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 the 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 24 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 the point of beginning.

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

feet MSL.

Time of designation. By NOTAM at least 24 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 the point of beginning.

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

180.

Time of designation. By NOTAM at least 24 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.35'15''W.; to lat. 34 deg.32'42''N., long.

77 deg.34'54''W.; to the 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 24 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.

[[Page 52229]]

77 deg.35'15''W.; to lat. 34 deg.32'42''N., long. 77 deg.34'54''W.;

to the point of beginning.

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

feet MSL.

Time of designation. By NOTAM at least 24 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.35'15''W.; to lat. 34 deg.32'42''N., long.

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

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

180.

Time of designation. By NOTAM at least 24 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 October 1, 1997.

John S. Walker,

Program Director for Air Traffic Airspace Management.

[FR Doc. 97-26671 Filed 10-6-97; 8:45 am]

BILLING CODE 4910-13-P