Amendment to Time of Designation for Restricted Areas; GA

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Airspace Docket No. 96-ASO-5]

RIN 2120-AA66

Amendment to Time of Designation for Restricted Areas; GA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the time of designation for Restricted

Areas R-3008A, R-3008B, R-3008C, and R-3008D, Grand Bay Weapons Range,

GA, by expanding the time frame during which the areas may be activated

without prior issuance of a Notice to Airmen (NOTAM). The United States

Air Force (USAF) requested this amendment to reflect its actual night

flying requirements.

EFFECTIVE DATE: 0901 UTC, February 26, 1998.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace and Rules

Division, 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

On August 30, 1996, the FAA proposed to amend 14 CFR part 73 (part

73) to change the core hours of designation for Restricted Areas R-

3008A, R-3008B, R-3008C, and R-3008D, Grand Bay Weapons Range, GA, from

0700-1900 local time, Monday-Friday to 0700-2200 local time, Monday-

Friday (61 FR 45920).

Interested parties were invited to participate in this rulemaking

effort by submitting written comments on the proposal. Two comments

were received by the FAA, both objecting to the proposal on the grounds

that the change would constitute an expansion of military operations

and a reduction of access for civil airspace users. Currently, the

using agency has the option of activating the restricted areas at any

time outside the existing ``core hours'' of 0700-1900 local time,

provided a NOTAM is issued the required 6 hours in advance. The current

published times, however, do not adequately reflect the actual night

flying mission of the USAF 347th Wing. This change is intended to

better accommodate the Wing's actual night flying requirements. No

increase in the use of the range is anticipated. Therefore, the purpose

of this rule is to amend the time of designation to more accurately

indicate to the flying public the actual use of the restricted areas. A

NOTAM will still be required in order to activate the restricted areas

between the hours of 2200 and 0700 local time.

Despite this change, the restricted areas will continue to be

operated on a real-time, joint-use basis with the airspace being

returned to the controlling agency (Valdosta Approach Control) and

available for access by nonparticipating aircraft during periods when

the restricted areas are not needed by the using agency.

The Rule

This amendment to part 73 changes the core hours of designation for

Restricted Areas R-3008A, R-3008B, R-3008C, and R-3008D from 0700-1900

local time, Monday-Friday to 0700-2200 local time, Monday-Friday. The

action expands, by three hours daily, the ``core hours'' during which

the restricted areas may be activated without prior issuance of a

NOTAM. As amended, a NOTAM will no longer be required for activation of

the restricted areas between 1900 and 2200 local time. The using agency

currently has the option of activating the restricted areas between

1900 and 0700 local time provided a NOTAM is issued the required 6

hours in advance. However, the 347th Wing's night flying missions using

R-3008 routinely extend past 1900 local time, but are normally

terminated by 2200 local time. This requires the daily issuance of

NOTAM's to permit activation of the areas between 1900 and 2200. This

amendment of the time of designation will provide better notice to the

flying public of the routine times of use of the restricted areas. A

NOTAM will still be required prior to any usage between 2200 and 0700

local time.

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 73.30 of 14 CFR part 73 was republished in FAA Order

7400.8E, dated November 7, 1997.

Environmental Review

The USAF prepared an Environmental Assessment (EA) and an

Environmental Impact Statement (EIS) of the composite wing beddown at

Moody AFB, Georgia. The EA and EIS studied the impact of aircraft

operations during both day (0700-2200) and night (2200-0700) time

frames, including the use of R-3008A, R-3008B, R-3008C, and R-3008D.

The USAF's record of decision to base the composite wing at Moody AFB

took into account the use of R-3008 between 1900 and 2200, and

concluded that use of the restricted areas during this time frame did

not constitute a significant impact. The utilization figures for this

amendment are the same as those used in the EIS for the beddown. Based

on the results of the EA and EIS accomplished for the composite wing

beddown, the USAF determined that this amendment to the restricted area

time of designation qualifies for a categorical exclusion. The FAA has

reviewed the USAF's environmental documentation and concludes that this

action is categorically excluded in accordance with FAA Order 1050.1D

and the FAA/DOD Memorandum of Understanding of 1989 regarding Special

Use Airspace actions.

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. 73.30 [Amended]

2. Sec. 73.30 is amended as follows:

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[[Page 67269]]

R-3008A Grand Bay Weapons Range, GA [Amended]

By removing ``Time of designation. 0700-1900 local time, Monday-

Friday; other times by NOTAM 6 hours in advance,'' and inserting

``Time of designation. 0700-2200 local time, Monday-Friday; other

times by NOTAM 6 hours in advance.''

R-3008B Grand Bay Weapons Range, GA [Amended]

By removing ``Time of designation. 0700-1900 local time, Monday-

Friday; other times by NOTAM 6 hours in advance,'' and inserting

``Time of designation. 0700-2200 local time, Monday-Friday; other

times by NOTAM 6 hours in advance.''

R-3008C Grand Bay Weapons Range, GA [Amended]

By removing ``Time of designation. 0700-1900 local time, Monday-

Friday; other times by NOTAM 6 hours in advance,'' and inserting

``Time of designation. 0700-2200 local time, Monday-Friday; other

times by NOTAM 6 hours in advance.''

R-3008D Grand Bay Weapons Range, GA [Amended]

By removing ``Time of designation. 0700-1900 local time, Monday-

Friday; other times by NOTAM 6 hours in advance,'' and inserting

``Time of designation. 0700-2200 local time, Monday-Friday; other

times by NOTAM 6 hours in advance.''

* * * * *

Issued in Washington, DC, on December 4, 1997.

Reginald C. Matthews,

Acting Program Director for Air Traffic Airspace Management.

[FR Doc. 97-33617 Filed 12-23-97; 8:45 am]

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