[Federal Register Volume 76, Number 239 (Tuesday, December 13, 2011)]
[Rules and Regulations]
[Pages 77386-77388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31853]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA-2011-0104; Airspace Docket No. 11-AEA-2]
RIN 2120-AA66
Amendment to and Establishment of Restricted Areas; Warren Grove,
NJ
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action establishes two new restricted areas at the Warren
Grove Range, NJ. In addition, the using agency for all Warren Grove
restricted areas is updated to reflect the current organization tasked
with that responsibility. The FAA is taking this action to provide the
airspace needed for realistic military training so that aircrews can
acquire and maintain proficiency in high altitude weapons employment
and other modern tactics.
DATES: Effective Dates: 0901 UTC, February 9, 2012.
FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace, Regulations
and ATC Procedures Group, Office of Airspace Services, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone: (202) 267-8783.
SUPPLEMENTARY INFORMATION:
History
On Wednesday, March 2, 2011, the FAA published in the Federal
Register a notice of proposed rulemaking (NPRM) to expand the Warren
Grove Range in order to raise the maximum altitude of the range (76 FR
11399). Interested parties were invited to participate in this
rulemaking effort by submitting written comments on the proposal. Two
comments were received. The commenters wrote that Warren Grove Range
operations should be moved to another location that is less congested.
As stated in the NPRM, military use of the airspace near Warren
[[Page 77387]]
Grove, Ocean County, NJ, dates back to World War II. The range is
currently used as the primary training complex by numerous fighter
units. In addition, all four military services use the range for a
variety of military air and ground training exercises. Since no other
ranges that can accommodate essential high altitude weapons delivery
and precision munitions training are located within a reasonable flying
distance of the using units, it is impractical to relocate the Warren
Grove Range.
The Rule
The FAA is amending to 14 CFR part 73 to establish two new
restricted areas (designated R-5002F and R-5002G) at the Warren Grove
Range, NJ. This action raises the restricted area ceiling at the range
from 14,000 feet mean sea level (MSL) to flight level (FL) 230. In
addition this action expands the lateral limits of restricted airspace
at the range, but only between the altitudes of FL 200 and FL 230. The
new R-5002F overlies the existing R-5002A, and R-5002E, and part of R-
5002B, and extends from 14,000 feet MSL up to, but not including, FL
200. A second new restricted area, R-5002G, extends from FL 200 up to
FL 230. R-5002G overlies the new R-5002F. To provide the required
expanded lateral space between FL 200 and FL 230, the boundaries of R-
5002G extend approximately 15 nautical miles (NM) to the northeast and
8 NM to the east, of the current range boundaries.
In addition to the establishment of R-5002F and R-5002G, the
following minor changes to the descriptions of the existing Warren
Grove restricted areas are made. The using agency for the five existing
areas is changed from the ``108th Air Refueling Wing, McGuire AFB,
NJ,'' to the ``177th Fighter Wing, Atlantic City, NJ.'' This change
reflects current organization responsible for the range. The new
wording change is made to add the words ``to but not including'' before
the 14,000 foot altitude. The boundaries and times of use of R-5002A,
B, C, D and E are not changed by this action. The designated altitudes
for R-5002C and D remain as currently published.
Use of the newly established R-5002F and G will be coordinated on a
real time basis. The two areas will only be activated with concurrent
release by New York Air Route Traffic Control Center (ARTCC) and
Washington ARTCC. To minimize potential impact to Instrument Flight
Rules (IFR) traffic flows, the FAA will only authorize activation of
these areas when New York and Washington ARTCCs determine there would
be minimal to no impact on IFR traffic operating in the affected area.
In addition, the FAA will be able to recall the airspace, if needed, on
five minutes notice. A Letter of Agreement between New York ARTCC,
Washington ARTCC and the using agency will define the roles,
responsibilities and procedures for the activation of R-5002F and G.
Pilots seeking information about the activity status of R-5002 should
contact New York ARTCC on the frequency listed in the ``Special Use
Airspace'' panel of the Washington Sectional Aeronautical Chart. New
York ARTCC will continue to provide VFR traffic advisories, as
prescribed in current FAA directives, to those aircraft requesting
them.
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 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 rule,
will not have a significant economic impact on a substantial number of
small entities under the criteria of the Regulatory Flexibility Act.
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 modifies restricted area airspace at Warren Grove, NJ.
Environmental Review
The FAA has conducted an independent evaluation of the proposed
action under the National Environmental Policy Act. In accordance with
FAA Order 1050.1E, ``Environmental Impacts: Policies and Procedures'',
paragraph 401(p)(5), the FAA has determined that the airspace action
requires no further environmental analysis. This airspace action raises
the ceiling of the special use airspace without increasing or changing
operations; therefore, it is not expected to cause any potentially
significant environmental impacts, and no extraordinary circumstances
exists that warrant preparation of an environmental assessment.
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(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.
Sec. 73.50 [Amended]
0
2. Section 73.50 is amended as follows:
* * * * *
1. R-5002A Warren Grove, NJ [Amended]
By removing the current designated altitudes and using agency
and substituting the following:
Designated altitudes. Surface to but not including 14,000 feet
MSL.
Using agency. New Jersey ANG, 177th Fighter Wing, Atlantic City,
NJ.
* * * * *
2. R-5002B Warren Grove, NJ [Amended]
By removing the current designated altitudes and using agency
and substituting the following:
Designated altitudes. 1,000 feet MSL to but not including 14,000
feet MSL.
Using agency. New Jersey ANG, 177th Fighter Wing, Atlantic City,
NJ.
* * * * *
3. R-5002C Warren Grove, NJ [Amended]
By removing the current using agency and substituting the
following:
Using agency. New Jersey ANG, 177th Fighter Wing, Atlantic City,
NJ.
* * * * *
4. R-5002D Warren Grove, NJ [Amended]
By removing the current using agency and substituting the
following:
Using agency. New Jersey ANG, 177th Fighter Wing, Atlantic City,
NJ.
* * * * *
5. R-5002E Warren Grove, NJ [Amended]
By removing the current designated altitudes and using agency
and substituting the following:
Designated altitudes. 3,500 feet MSL to but not including 14,000
feet MSL.
[[Page 77388]]
Using agency. New Jersey ANG, 177th Fighter Wing, Atlantic City,
NJ.
* * * * *
6. R-5002F Warren Grove, NJ [New]
Boundaries. Beginning at lat. 39[deg]43'25'' N., long.
74[deg]17'36'' W.;
to lat. 39[deg]40'10'' N., long. 74[deg]20'14'' W.; to lat.
39[deg]38'50'' N., long. 74[deg]21'19'' W.; to lat. 39[deg]38'25''
N., long. 74[deg]22'05'' W.; to lat. 39[deg]38'25'' N., long.
74[deg]24'19'' W.; to lat. 39[deg]38'30'' N., long. 74[deg]29'29''
W.; to lat. 39[deg]39'20'' N., long. 74[deg]29'59'' W.; to lat.
39[deg]44'50'' N., long. 74[deg]24'39'' W.; to lat. 39[deg]44'50''
N., long. 74[deg]19'19'' W.; to the point of beginning.
Designated altitudes. 14,000 feet MSL to but not including FL
200.
Time of designation. Sunrise to sunset; other times as activated
by NOTAM issued at least 48 hours in advance.
Controlling agency. FAA, New York ARTCC.
Using agency. New Jersey ANG, 177th Fighter Wing, Atlantic City,
NJ.
* * * * *
7. R-5002G Warren Grove, NJ [New]
Boundaries. Beginning at lat. 39[deg]49'02'' N., long.
74[deg]00'45'' W.; to lat. 39[deg]38'18'' N., long. 74[deg]12'34''
W.; to lat. 39[deg]38'25'' N., long. 74[deg]22'05'' W.; to lat.
39[deg]38'25'' N., long. 74[deg]24'19'' W.; to lat. 39[deg]38'30''
N., long. 74[deg]29'29'' W.; to lat. 39[deg]39'20'' N., long.
74[deg]29'59'' W.; to lat. 39[deg]44'50'' N., long. 74[deg]24'39''
W.; to lat. 39[deg]49'02'' N., long. 74[deg]16'18'' W.; to point of
beginning.
Designated altitudes. FL 200 to FL 230.
Time of designation. Sunrise to sunset; other times as activated
by NOTAM issued at least 48 hours in advance.
Controlling agency. FAA, New York ARTCC.
Using agency. New Jersey ANG, 177th Fighter Wing, Atlantic City,
NJ.
Issued in Washington, DC, on December 5, 2011.
Gary A. Norek,
Acting Manager, Airspace, Regulations and ATC Procedures Group.
[FR Doc. 2011-31853 Filed 12-12-11; 8:45 am]
BILLING CODE 4910-13-P