[Federal Register Volume 63, Number 170 (Wednesday, September 2, 1998)]
[Rules and Regulations]
[Pages 46648-46650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23629]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Airspace Docket No. 94-ASO-9]
RIN 2120-AA66
Expansion of Restricted Area R-6002, Poinsett-Sumter, SC
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action raises the upper limit of Restricted Area R-6002
from the current 13,000 feet mean sea level (MSL), up to and including
Flight Level (FL) 230. The expanded restricted airspace is redesignated
as three subdivisions: R-6002A, R-6002B, and R-6002C to facilitate
real-time use of the airspace. The purpose of this amendment is to
provide airspace for high-angle bomb delivery training at the Poinsett
Range. In addition, the name of the using agency is changed to reflect
the current organizational title.
EFFECTIVE DATE: 0901 UTC, October 8, 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 November 23, 1994, the FAA proposed an amendment to part 73 of
14 CFR part 73 (59 FR 60339) to raise the upper limit of Restricted
Area R-6002, Poinsett-Sumter, SC, from 13,000 feet MSL up to FL 230,
and to reconfigure the airspace in three subareas as follows: R-6002A
from the surface to but not including 13,000 feet MSL, R-6002B from
13,000 feet MSL to but not including FL 180, and R-6002C from FL
[[Page 46649]]
180 to FL 230. Additionally, the FAA proposed to change the name of the
using agency, for the restricted areas, from ``Commander, Shaw AFB,
SC,'' to ``U.S. Air Force, 20 Fighter Wing (FW), Shaw AFB, SC.''
Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments to the FAA. In response to
this NPRM, the FAA received two comments, one from the Air Transport
Association of America and one from USAir (now US Airways). An analysis
of the comments received, along with the FAA's response, are detailed
below:
Analysis of Comments
Those commenters responding to the notice expressed concern that
the expansion of R-6002 would adversely impact air carrier operations
between Charlotte Douglas International Airport, NC, and destinations
in Florida. To address these concerns, the U.S. Air Force and the
Jacksonville Air Route Traffic Control Center (ARTCC) reached an
agreement on the use of the Poinsett Range which requires the
application of real-time scheduling and activation/deactivation
procedures and limits activation periods to avoid air carrier peak
hours. In addition, the controlling agency may deny usage of the
airspace, if required, due to peak traffic flow, severe weather, or
other factors. The FAA believes that this agreement satisfactorily
addresses the commenters' concerns.
The Rule
This amendment to 14 CFR part 73 (part 73) raises the upper
altitude limit of the Poinsett Range from the current 13,000 feet MSL
to FL 230, and changes the name of the using agency to reflect the
current organizational title. The present lateral boundaries of the
restricted area are not changed by this action. This action
redesignates the current restricted area, R-6002, as R-6002A, extending
from the surface to but not including 13,000 feet MSL. In addition, two
new subareas are designated directly above R-6002A, as follows: R-6002B
from 13,000 feet MSL to but not including FL 180; and R-6002C from FL
180 to FL 230. This configuration allows for the real-time utilization
of airspace with the ``B'' and ``C'' subareas being activated when
needed for high-angle weapons delivery training. The U.S. Air Force
requested the higher vertical limits for R-6002 in order to conduct
high altitude/high-angle bomb delivery training. Lessons learned during
the Desert Storm Operation dictated that these tactics be added to
mission training profiles. The current 13,000 feet MSL ceiling does not
provide sufficient vertical airspace to permit accomplishment of this
essential training. This amendment also changes the name of the using
agency for the restricted areas from ``Commander, Shaw AFB, SC,'' to
``U.S. Air Force, 20th FW, Shaw AFB, SC,'' to reflect the current title
of the using agency. The coordinates for this airspace docket are based
on North American Datum 83.
Section 73.60 of part 73 was republished in FAA Order 7400.8E,
dated November 7, 1997.
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.
Environmental Review
In February 1994, the U.S. Air Force issued a final environmental
assessment (EA) for the Proposed Expansion of Poinsett Weapons Range,
Sumter County, SC. In June 1998, the U.S. Air Force submitted a Final
Supplement to the EA to the FAA. In July 1998, the FAA completed a
reevaluation of the EA. The FAA determined that the airspace action
evaluated in the EA is the same as that described in this final rule
and that the EA, with the Final Supplement to the EA, adequately
assesses and discloses the environmental impacts of the proposed
action. The FAA concluded that the EA is valid and determined a Finding
of No Significant Impact (FONSI) for the proposed action. This proposed
Federal action is consistent with existing national environmental
policies and objectives as set forth in section 101(a) of the National
Environmental Policy Act (NEPA), as amended. This action would not
significantly affect the quality of the human environment or otherwise
include any condition requiring consultation pursuant to section
102(2)(c) of the NEPA. To obtain a copy of the FAA FONSI, refer to the
section titled FOR FURTHER INFORMATION CONTACT, above.
This decision to approve the proposed special use airspace action
constitutes an order of the Administrator issued pursuant to 49 U.S.C.
40103(b) and is reviewable before the United States courts of appeals
in accordance with the provisions of 49 U.S.C. 46110 (formerly 1006 of
the Federal Aviation Act of 1958, as amended). This order constitutes
final agency action under 49 U.S.C. 46110. Any party having a
substantial interest may appeal this order to the courts of appeals of
the United States or the United States Court of Appeals for the
District of Columbia upon petition, filed within 60 (sixty) days after
issuance of this order.
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. 73.60 [Amended]
2. Sec. 73.60 is amended as follows:
* * * * *
R-6002 Poinsett-Sumter, SC [Remove]
R-6002A Poinsett-Sumter, SC [New]
Boundaries. Beginning at lat. 33 deg.54'25''N., long.
80 deg.24'11''W.; to lat. 33 deg.46'26''N., long. 80 deg.23'11''W.;
to lat. 33 deg.44'28''N., long. 80 deg.31'41''W.; to lat.
33 deg.50'14''N., long. 80 deg.31'02''W.; to lat. 33 deg.53'38''N.,
long. 80 deg.31'02''W.; to the point of beginning.
Designated altitudes. Surface to but not including 13,000 feet MSL.
Time of designation. 0600-2400 local time Monday-Friday; 0800-1600
local time Saturday; other times by NOTAM at least 8 hours in
advance.
Controlling agency. FAA, Jacksonville ARTCC.
Using agency. U.S. Air Force, 20 FW, Shaw AFB, SC.
R-6002B, Poinsett-Sumter, SC [New]
Boundaries. Beginning at lat. 33 deg.54'25''N., long.
80 deg.24'11''W.; to lat. 33 deg.46'26''N., long. 80 deg.23'11''W.;
to lat. 33 deg.44'28''N., long. 80 deg.31'41''W.; to lat.
33 deg.50'14''N., long. 80 deg.31'02''W.; to lat. 33 deg.53'38''N.,
long. 80 deg.31'02''W.; to the point of beginning.
Designated altitudes. 13,000 feet MSL to but not including FL 180.
Time of designation. 0600-2400 local time Monday-Friday; 0800-1600
local time Saturday; other times by NOTAM at least 8 hours in
advance.
[[Page 46650]]
Controlling agency. FAA, Jacksonville ARTCC.
Using agency. U.S. Air Force, 20 FW, Shaw AFB, SC.
R-6002C, Poinsett-Sumter, SC [New]
Boundaries. Beginning at lat. 33 deg.54'25''N., long.
80 deg.24'11''W.; to lat. 33 deg.46'26''N., long. 80 deg.23'11''W.;
to lat. 33 deg.44'28''N., long. 80 deg.31'41''W.; to lat.
33 deg.50'14''N., long. 80 deg.31'02''W.; to lat. 33 deg.53'38''N.,
long. 80 deg.31'02''W; to the point of beginning.
Designated altitudes. FL 180 to FL 230.
Time of designation. 0600-2400 local time Monday-Friday; 0800-1600
local time Saturday; other times by NOTAM at least 8 hours in
advance.
Controlling agency. FAA, Jacksonville ARTCC.
Using agency. U.S. Air Force, 20 FW, Shaw AFB, SC.
* * * * *
Issued in Washington, DC, on August 26, 1998.
Timothy Fleming,
Acting Program Director for Air Traffic Airspace Management.
[FR Doc. 98-23629 Filed 9-1-98; 8:45 am]
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