Modification of Restricted Areas and Other Special Use Airspace; Fallon, NV, 53649-53650 [E9-25077]
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Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Rules and Regulations
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 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 establishes a VOR Federal Airway in
Utah.
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1E, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 311a. This airspace action is
not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
■
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
cprice-sewell on DSKGBLS3C1PROD with RULES
■
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p.389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.9T,
Airspace Designations and Reporting
Points, signed August 27, 2009, and
effective September 15, 2009, is
amended as follows:
■
VerDate Nov<24>2008
14:44 Oct 19, 2009
Jkt 220001
Paragraph 6010(a)
Airways.
*
*
*
Domestic VOR Federal
*
*
*
*
*
Issued in Washington, DC, on October 14,
2009.
Kelly J. Neubecker,
Acting Manager, Airspace and Rules Group.
[FR Doc. E9–25084 Filed 10–19–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA–2009–0700; Airspace
Docket No. 09–AWP–4]
RIN 2120–AA66
Modification of Restricted Areas and
Other Special Use Airspace; Fallon, NV
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
SUMMARY: This action amends the time
of designation and using agency of nine
restricted areas located in the vicinity of
the Fallon Naval Air Station (NAS),
Fallon, NV, as part of a Department of
the Navy initiative to standardize the
operating hours throughout the Fallon
Airspace Complex. The times of use are
being expanded to meet the critical need
of the Navy for additional nighttime
training, and the using agency changes
are administrative in accordance with a
Navy realignment of functions.
Additionally, this action modifies the
times of use of the four military
operation areas (MOAs) in the Fallon
Airspace Complex. Unlike restricted
areas, which are designated under 14
CFR part 73, MOAs are not rulemaking
airspace actions. The MOA changes
described here were published in the
National Flight Data Digest (NFDD). The
Navy requested these airspace changes
to provide additional night training time
to meet combat readiness requirements
currently being carried out in
accordance with 14 CFR 99.7.
DATES: Effective Date: 0901 UTC,
December 17, 2009.
FOR FURTHER INFORMATION CONTACT: Ken
McElroy, Airspace and Rules Group,
Office of System Operations Airspace
and AIM, Federal Aviation
Administration, 800 Independence
Avenue, SW., Washington, DC 20591;
telephone: (202) 267–8783.
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
SUPPLEMENTARY INFORMATION:
History
*
V–626 [New]
From Myton, UT, to int Myton 264 and
Fairfield VORTAC 126
*
53649
On September July 15, 2009, the FAA
published in the Federal Register a
notice of proposed rulemaking to
modify Restricted Areas and other
Special Use Airspace; Fallon, NV (74 FR
47150). Interested parties were invited
to participate in this rulemaking effort
by submitting written comments on the
proposal. No comments were received.
Section 73.48 of 14 CFR part 73 was
republished in FAA Order 7400.8R,
dated February 5, 2009.
The Fallon Airspace Complex consists
of nine restricted areas and four MOAs
in the vicinity of the Fallon NAS, NV.
Restricted areas are regulatory airspace
designations, under Title 14 Code of
Federal Regulations (14 CFR) part 73,
which are established to confine or
segregate activities considered
hazardous to non-participating aircraft.
A MOA is a non-rulemaking type of
special use airspace (SUA) established
to separate or segregate certain nonhazardous military flight activities from
aircraft operating in accordance with
instrument flight rules (IFR), and to
identify for visual flight rules (VFR)
pilots where those activities are
conducted. IFR aircraft may be routed
through an active MOA only when air
traffic control can provide approved
separation from the MOA activity. VFR
pilots are not restricted from flying in an
active MOA, but are advised to exercise
caution while doing so.
Unlike restricted areas, which are
designated through rulemaking
procedures, MOAs are non-rulemaking
airspace areas that are established
administratively and published in the
NFDD. Normally, MOA proposals are
not published in a NPRM, but instead,
are advertised for public comment
through a nonrule circular that is
distributed by an FAA Service Center
office to aviation interests in the
affected area. However, when a nonrulemaking action is connected to a
rulemaking action, FAA procedures
allow for the non-rulemaking proposal
to be included in the NPRM. In such
cases, the NPRM replaces the nonrule
circularization requirement. Because the
MOAs are an integral part of the Fallon
Airspace Complex, they are being
included in this Rule.
The SUA changes are described in the
following sections.
MOA Changes:
Churchill Low MOA, NV
Times of use. 0715 to 2245 Monday
through Friday and 0800 to 1800 Saturday;
other times by NOTAM.
E:\FR\FM\20OCR1.SGM
20OCR1
53650
Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Rules and Regulations
Churchill High MOA, NV
Times of use. 0715 to 2245 Monday
through Friday and 0800 to 1800 Saturday;
other times by NOTAM.
Ranch High MOA, NV
Times of use. 0715 to 2245 Monday
through Friday and 0800 to 1800 Saturday;
other times by NOTAM.
cprice-sewell on DSKGBLS3C1PROD with RULES
Ranch MOA, NV
Times of use. 0715 to 2245 Monday
through Friday and 0800 to 1800 Saturday;
other times by NOTAM.
The Rule
The FAA is amending to 14 CFR part
73 to modify the designated times of use
to restricted areas R–4803, Fallon; R–
4804A & B, Twin Peaks; R–4810, Desert
Mountain; R–4812, Sand Springs; R–
4813A & B, Carson Sink; and R–4816
North & South, Dixie Valley, NV.
Specifically, the FAA is changing the
current wording to include the phrase
‘‘other times by NOTAM’’. This will
allow the Navy to train between 2330
hours and 0715 hours local to meet their
training requirements. The Navy is
currently meeting these night training
requirements in accordance with 14
CFR 99.7, Special Security Instructions.
This action also reflects the using
agency name change to USN, Naval
Strike and Air Warfare Center, Fallon,
NV.
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
VerDate Nov<24>2008
14:44 Oct 19, 2009
Jkt 220001
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
Fallon NAS, Fallon, NV.
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with, FAA
Order 1050.1E, Environmental Impacts:
Policies and Procedures, paragraph
307e. This airspace action is not
expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
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
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.
§ 73.48
■
*
[Amended]
2. § 73.48 is amended as follows:
*
*
*
*
R–4803
*
*
Fallon, NV [Amended]
*
*
Using agency. USN, Naval Strike and Air
Warfare Center, Fallon, NV.
*
*
*
*
*
*
Desert Mountains, NV [Amended]
*
*
*
By removing the current times of
designation and using agency and
substituting the following:
Time of designation. 0715 to 2330 local
time daily; other times by NOTAM
Using agency. USN, Naval Strike and Air
Warfare Center, Fallon, NV.
*
*
R–4812
*
*
*
Sand Springs, NV [Amended]
By removing the current times of
designation and using agency and
substituting the following:
Time of designation. 0715 to 2330 local
time daily; other times by NOTAM
Using agency. USN, Naval Strike and Air
Warfare Center, Fallon, NV.
R–4813A
*
*
Carson Sink, NV [Amended]
*
*
*
By removing the current times of
designation and using agency and
substituting the following:
Time of designation. 0715 to 2330 local
time daily; other times by NOTAM
Using agency. USN, Naval Strike and Air
Warfare Center, Fallon, NV.
R–4813B
*
*
Carson Sink, NV [Amended]
*
*
*
By removing the current times of
designation and using agency and
substituting the following:
Time of designation. Intermittent 0715 to
2330 local time daily; other times by
NOTAM.
Using agency. USN, Naval Strike and Air
Warfare Center, Fallon, NV.
R–4816N
*
*
*
R–4810
*
Dixie Valley, NV [Amended]
*
*
*
By removing the current times of
designation and using agency and
substituting the following:
Time of designation. 0715 to 2330 local
time daily; other times by NOTAM.
Using agency. USN, Naval Strike and Air
Warfare Center, Fallon, NV.
By removing the current times of
designation and using agency and
substituting the following:
Time of designation. 0715 to 2330 local
time daily; other times by NOTAM
Using agency. USN, Naval Strike and Air
Warfare Center, Fallon, NV.
R–4804A
R–4816S
*
*
Twin Peaks, NV [Amended]
*
*
*
*
*
Dixie Valley, NV [Amended]
*
*
*
By removing the current times of
designation and using agency and
substituting the following:
Time of designation. 0715 to 2330 local
time daily; other times by NOTAM.
Using agency. USN, Naval Strike and Air
Warfare Center, Fallon, NV.
By removing the current times of
designation and using agency and
substituting the following:
Time of designation. 0715 to 2330 local
time daily; other times by NOTAM
Using agency. USN, Naval Strike and Air
Warfare Center, Fallon, NV.
R–4804B
*
*
*
Twin Peaks, NV [Amended]
*
*
*
By removing the current times of
designation and using agency and
substituting the following:
Time of designation. Intermittent 0715 to
2330 local time daily; other times by
NOTAM.
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
*
*
*
*
Issued in Washington, DC, on October 14,
2009.
Kelly J. Neubecker,
Acting Manager, Airspace and Rules Group.
[FR Doc. E9–25077 Filed 10–19–09; 8:45 am]
BILLING CODE P
E:\FR\FM\20OCR1.SGM
20OCR1
]]>Agencies
[Federal Register Volume 74, Number 201 (Tuesday, October 20, 2009)]
[Rules and Regulations]
[Pages 53649-53650]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25077]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA-2009-0700; Airspace Docket No. 09-AWP-4]
RIN 2120-AA66
Modification of Restricted Areas and Other Special Use Airspace;
Fallon, NV
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action amends the time of designation and using agency of
nine restricted areas located in the vicinity of the Fallon Naval Air
Station (NAS), Fallon, NV, as part of a Department of the Navy
initiative to standardize the operating hours throughout the Fallon
Airspace Complex. The times of use are being expanded to meet the
critical need of the Navy for additional nighttime training, and the
using agency changes are administrative in accordance with a Navy
realignment of functions. Additionally, this action modifies the times
of use of the four military operation areas (MOAs) in the Fallon
Airspace Complex. Unlike restricted areas, which are designated under
14 CFR part 73, MOAs are not rulemaking airspace actions. The MOA
changes described here were published in the National Flight Data
Digest (NFDD). The Navy requested these airspace changes to provide
additional night training time to meet combat readiness requirements
currently being carried out in accordance with 14 CFR 99.7.
DATES: Effective Date: 0901 UTC, December 17, 2009.
FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules Group,
Office of System Operations Airspace and AIM, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone: (202) 267-8783.
SUPPLEMENTARY INFORMATION:
History
On September July 15, 2009, the FAA published in the Federal
Register a notice of proposed rulemaking to modify Restricted Areas and
other Special Use Airspace; Fallon, NV (74 FR 47150). Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal. No comments were received.
Section 73.48 of 14 CFR part 73 was republished in FAA Order
7400.8R, dated February 5, 2009.
The Fallon Airspace Complex consists of nine restricted areas and
four MOAs in the vicinity of the Fallon NAS, NV. Restricted areas are
regulatory airspace designations, under Title 14 Code of Federal
Regulations (14 CFR) part 73, which are established to confine or
segregate activities considered hazardous to non-participating
aircraft. A MOA is a non-rulemaking type of special use airspace (SUA)
established to separate or segregate certain non-hazardous military
flight activities from aircraft operating in accordance with instrument
flight rules (IFR), and to identify for visual flight rules (VFR)
pilots where those activities are conducted. IFR aircraft may be routed
through an active MOA only when air traffic control can provide
approved separation from the MOA activity. VFR pilots are not
restricted from flying in an active MOA, but are advised to exercise
caution while doing so.
Unlike restricted areas, which are designated through rulemaking
procedures, MOAs are non-rulemaking airspace areas that are established
administratively and published in the NFDD. Normally, MOA proposals are
not published in a NPRM, but instead, are advertised for public comment
through a nonrule circular that is distributed by an FAA Service Center
office to aviation interests in the affected area. However, when a non-
rulemaking action is connected to a rulemaking action, FAA procedures
allow for the non-rulemaking proposal to be included in the NPRM. In
such cases, the NPRM replaces the nonrule circularization requirement.
Because the MOAs are an integral part of the Fallon Airspace Complex,
they are being included in this Rule.
The SUA changes are described in the following sections.
MOA Changes:
Churchill Low MOA, NV
Times of use. 0715 to 2245 Monday through Friday and 0800 to
1800 Saturday; other times by NOTAM.
[[Page 53650]]
Churchill High MOA, NV
Times of use. 0715 to 2245 Monday through Friday and 0800 to
1800 Saturday; other times by NOTAM.
Ranch High MOA, NV
Times of use. 0715 to 2245 Monday through Friday and 0800 to
1800 Saturday; other times by NOTAM.
Ranch MOA, NV
Times of use. 0715 to 2245 Monday through Friday and 0800 to
1800 Saturday; other times by NOTAM.
The Rule
The FAA is amending to 14 CFR part 73 to modify the designated
times of use to restricted areas R-4803, Fallon; R-4804A & B, Twin
Peaks; R-4810, Desert Mountain; R-4812, Sand Springs; R-4813A & B,
Carson Sink; and R-4816 North & South, Dixie Valley, NV. Specifically,
the FAA is changing the current wording to include the phrase ``other
times by NOTAM''. This will allow the Navy to train between 2330 hours
and 0715 hours local to meet their training requirements. The Navy is
currently meeting these night training requirements in accordance with
14 CFR 99.7, Special Security Instructions. This action also reflects
the using agency name change to USN, Naval Strike and Air Warfare
Center, Fallon, NV.
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 Fallon NAS, Fallon, NV.
Environmental Review
The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with, FAA Order 1050.1E, Environmental Impacts: Policies and
Procedures, paragraph 307e. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.
List of Subjects in 14 CFR Part 73
Airspace, Prohibited areas, Restricted areas.
The Amendment
0
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. 73.48 [Amended]
0
2. Sec. 73.48 is amended as follows:
* * * * *
R-4803 Fallon, NV [Amended]
* * * * *
By removing the current times of designation and using agency
and substituting the following:
Time of designation. 0715 to 2330 local time daily; other times
by NOTAM.
Using agency. USN, Naval Strike and Air Warfare Center, Fallon,
NV.
R-4804A Twin Peaks, NV [Amended]
* * * * *
By removing the current times of designation and using agency
and substituting the following:
Time of designation. 0715 to 2330 local time daily; other times
by NOTAM.
Using agency. USN, Naval Strike and Air Warfare Center, Fallon,
NV.
R-4804B Twin Peaks, NV [Amended]
* * * * *
By removing the current times of designation and using agency
and substituting the following:
Time of designation. Intermittent 0715 to 2330 local time daily;
other times by NOTAM.
Using agency. USN, Naval Strike and Air Warfare Center, Fallon,
NV.
* * * * *
R-4810 Desert Mountains, NV [Amended]
* * * * *
By removing the current times of designation and using agency
and substituting the following:
Time of designation. 0715 to 2330 local time daily; other times
by NOTAM
Using agency. USN, Naval Strike and Air Warfare Center, Fallon,
NV.
* * * * *
R-4812 Sand Springs, NV [Amended]
By removing the current times of designation and using agency
and substituting the following:
Time of designation. 0715 to 2330 local time daily; other times
by NOTAM
Using agency. USN, Naval Strike and Air Warfare Center, Fallon,
NV.
R-4813A Carson Sink, NV [Amended]
* * * * *
By removing the current times of designation and using agency
and substituting the following:
Time of designation. 0715 to 2330 local time daily; other times
by NOTAM
Using agency. USN, Naval Strike and Air Warfare Center, Fallon,
NV.
R-4813B Carson Sink, NV [Amended]
* * * * *
By removing the current times of designation and using agency
and substituting the following:
Time of designation. Intermittent 0715 to 2330 local time daily;
other times by NOTAM.
Using agency. USN, Naval Strike and Air Warfare Center, Fallon,
NV.
R-4816N Dixie Valley, NV [Amended]
* * * * *
By removing the current times of designation and using agency
and substituting the following:
Time of designation. 0715 to 2330 local time daily; other times
by NOTAM
Using agency. USN, Naval Strike and Air Warfare Center, Fallon,
NV.
R-4816S Dixie Valley, NV [Amended]
* * * * *
By removing the current times of designation and using agency
and substituting the following:
Time of designation. 0715 to 2330 local time daily; other times
by NOTAM
Using agency. USN, Naval Strike and Air Warfare Center, Fallon,
NV.
* * * * *
Issued in Washington, DC, on October 14, 2009.
Kelly J. Neubecker,
Acting Manager, Airspace and Rules Group.
[FR Doc. E9-25077 Filed 10-19-09; 8:45 am]
BILLING CODE P
