Amendment and Establishment of Restricted Areas and Other Special Use Airspace, Avon Park Air Force Range, FL, 28752-28756 [2010-12409]
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overall regulatory, economic,
environmental, and energy aspects of
the AD. We will consider all comments
received by the closing date and may
amend the AD in light of those
comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact with FAA
personnel concerning this AD. Using the
search function of our docket Web site,
you can find and read the comments to
any of our dockets, including the name
of the individual who sent the
comment. You may review the DOT’s
complete Privacy Act Statement in the
Federal Register published on April 11,
2000 (65 FR 19477–78).
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Regulatory Findings
We have determined that this AD will
not have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
the States, on the relationship between
the national Government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that the regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11032, February 26, 1979); and
3. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared an economic evaluation
of the estimated costs to comply with
this AD. See the AD docket to examine
the economic evaluation.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. 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.
We are issuing this rulemaking under
the authority described in subtitle VII,
part A, subpart III, section 44701,
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
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because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Safety.
(d) This amendment becomes effective on
June 8, 2010.
Issued in Fort Worth, Texas, on May 3,
2010.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate.
[FR Doc. 2010–11424 Filed 5–21–10; 8:45 am]
BILLING CODE 4910–13–P
Adoption of the Amendment
Accordingly, pursuant to the authority
delegated to me by the Administrator,
the Federal Aviation Administration
amends part 39 of the Federal Aviation
Regulations (14 CFR part 39) as follows:
DEPARTMENT OF TRANSPORTATION
PART 39—AIRWORTHINESS
DIRECTIVES
[Docket No. FAA–2008–1261; Airspace
Docket No. 06–ASO–18]
1. The authority citation for part 39
continues to read as follows:
RIN 2120–AA66
■
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. Section 39.13 is amended by adding
a new airworthiness directive to read as
follows:
■
2010–10–16 Bell Helicopter Textron and
Agusta S.P.A.: Amendment 39–16295.
Docket No. FAA–2010–0487; Directorate
Identifier 2010–SW–032–AD.
Applicability: Bell Helicopter Textron
Model 205A, 205A–1, 205B, 212, 412, 412EP,
and 412CF and Agusta S.p.A. Model AB412,
AB412EP helicopters, certificated in any
category, with Aeronautical Accessories, Inc.
(AAI) Low Skid Landing Gear Forward
Crosstube (Crosstube), part number (P/N)
212–320–103, with a serial number (S/N)
prefix of ‘‘AA’’ and an S/N of 574 through
628, installed.
Note 1: Crosstube, P/N 212–320–103, is
also included as part of AAI Low Skid Gear
Assembly Kits, P/N 412–320–500 and 412–
320–502.
Compliance: Required as indicated, unless
done previously.
To prevent failure of a crosstube and
subsequent collapse of the landing gear, do
the following:
(a) Within 25 hours time-in-service, replace
any affected crosstube with an airworthy
crosstube.
Note 2: AAI Alert Service Bulletin No. AA–
10012, dated March 5, 2010, references the
AAI Instructions for Continued
Airworthiness AA–01136, which contains
guidance on replacing the crosstubes.
(b) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Contact the Manager, Rotorcraft
Certification Office: ATTN: DOT/FAA
Southwest Region, Martin R. Crane, ASW–
170, Aviation Safety Engineer, Rotorcraft
Directorate, Rotorcraft Certification Office,
2601 Meacham Blvd., Fort Worth, Texas
76137, telephone (817) 222–5170, fax (817)
222–5783, for information about previously
approved alternative methods of compliance.
(c) The Joint Aircraft System/Component
(JASC) Code is 3250: Landing Gear System.
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Federal Aviation Administration
14 CFR Part 73
Amendment and Establishment of
Restricted Areas and Other Special
Use Airspace, Avon Park Air Force
Range, FL
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
SUMMARY: This action restructures the
special use airspace (SUA) at the Avon
Park Air Force Range (APAFR), Florida.
The changes provide additional
restricted airspace needed for training in
high altitude weapons releases and
other hazardous activities, and
reconfigure the military operations areas
(MOA) to contain nonhazardous flight
operations. These changes will permit
realistic training in current tactics to be
conducted at the Range and enable more
efficient use of the National Airspace
System.
DATES: Effective date 0901 UTC, July 29,
2010.
FOR FURTHER INFORMATION CONTACT: Paul
Gallant, 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:
Background
On Thursday, February 12, 2009, the
FAA published in the Federal Register
a notice of proposed rulemaking
(NPRM) to restructure the SUA at the
APAFR, Florida (74 FR 7018). Interested
parties were invited to participate in
this rulemaking proceeding by
submitting written comments on the
proposal to the FAA. Four responses
were received.
Discussion of Comments
One commenter wrote that the
APAFR should be eliminated in its
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entirety due to a lack of observed
activity at the Range. The commenter
also stated that the NPRM did not
propose any altitude restrictions or
changes for the area.
The FAA does not agree. The airspace
in this general area has been used for
military purposes dating back to the
1940s and the range remains a crucial
training resource today. The APAFR
restricted areas are used for a variety of
hazardous activities, many of which
may not be readily apparent through
observation. These activities include not
only aircraft operations such as various
attack profiles and air-to-ground
weapons delivery, etc.; but also various
non-aviation, ground-based activities
including artillery, mortars, missiles,
etc. The MOAs are used for
nonhazardous flight operations that
support range missions. A sampling of
APAFR restricted area and MOA annual
utilization data for Fiscal Year (FY)
2004 and FY 2009 shows significant use
of the airspace. For example, in FY
2004, the Avon East MOA was used on
277 days with 8,618 aircraft sorties. In
FY 2009, the same MOA was used on
280 days with 10,131 aircraft sorties.
The restricted areas also saw extensive
use, reflecting continuing, real-world
training requirements. In FY 2004,
R–2901A and C through I were used on
276 days with 8,581 aircraft sorties. The
FY 2004 figures for R–2901B were 206
days and 3,415 aircraft sorties. In FY
2009, the figures for all R–2901 areas
(A through I) grew to 280 days and
10,131 aircraft sorties. As described in
more detail below, this action makes a
number of airspace modifications at
APAFR. All changes to APAFR SUA are
contained within the current outer foot
print of the range airspace with the
existing SUA altitude floors remaining
unchanged. New SUA is being added
upward within that footprint but in
layers so that only those sections of
airspace needed for the mission will be
activated. The Lake Placid MOA is
subdivided into three sections to enable
more efficient use of the airspace.
Another commenter stated that all
military testing should be moved to an
area of lower population density.
As stated above, military use of the
APAFR area dates back to the 1940s.
Over time, many military installations,
including APAFR, have experienced
growth of communities located near the
installation which results in challenges
to both the military mission and the
surrounding community. The military is
currently participating in the Avon Park
Air Force Range Joint Land Use Study,
sponsored by the Central Florida
Regional Planning Council. This project
is a cooperative land use planning effort
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between the military installation and
surrounding communities to promote
compatible community growth while
supporting military training and
operational missions. The goal of this
study is to protect the health, safety and
welfare of the local community with
regard to military operations and to
address development that may impact
the mission of the APAFR.
Representatives of the Indian
Hammock Airport (FL75), Fort Drum,
FL, wrote with concerns about the
proposed airspace changes. FL75 is a
charted, private-use, uncontrolled
airport located along the eastern edge of
the Marian MOA. Airport users were
concerned that extending the MOA
operating hours to include weekends
and nighttime would impact the
airport’s busiest periods and increase
the risk of an accident. They noted that
aircraft frequently pass under FL75’s
800-foot traffic pattern and/or in close
proximity to the airport. Airport
representatives recommended that a
plan be developed to avoid FL75,
especially on weekends and at night.
Additionally, they recommended that
visual flight rules (VFR) corridors be
developed and published for pilot
transit through the northern and
southern portions of R–2901.
The FAA has determined that VFR
corridors through the APAFR complex
are not feasible at this time. In response
to the comments regarding impacts on
airport operations, a representative from
the APAFR met recently with FL75
representatives to discuss the U.S Air
Force’s Midair Collision Avoidance
(MACA) Program, current Range
operations and FL75’s concerns, and to
establish contacts for continuing
discussions between FL75 and APAFR.
Representatives of the Destiny Project
wrote to request that the Marian MOA
be modified due to a development
project planned in the area. Specifically,
they asked that the minimum MOA
flight altitude, within that section of the
Marian MOA located in Osceola County,
be raised from the current 500 feet
above ground level (AGL), to 5,000 feet
above mean sea level (MSL).
The Marian MOA was established in
1977. It is used primarily as a
maneuvering and holding area for
flights going into R–2901 and for
periodic exercises. Since the Marian
MOA currently extends from 500 feet
AGL up to 5,000 feet MSL, raising the
MOA floor to 5,000 feet MSL, as
requested, would eliminate that part of
the MOA that overlies Osceola County.
The resulting reduction in available
MOA airspace would leave insufficient
room for holding and maneuvering,
causing military aircraft to exit SUA
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28753
when entering or departing the
restricted areas and/or when
maneuvering or holding prior to
entering the restricted areas. This would
defeat the purpose of a MOA, which is
to contain non-hazardous military flying
activities and to identify, for
nonparticipating pilots, where that
activity is being conducted. The NPRM
proposed an administrative change to
the Marian MOA description to update
the name of the using agency and to add
a ‘‘by NOTAM’’ provision to the MOA
times of use to make them consistent
with other APAFR SUA areas. No
changes to the boundaries or altitude
structure of the Marian MOA were
proposed in the NPRM, therefore the
requested MOA modification is outside
the scope of this action. For the above
reasons, the Marian MOA boundaries or
altitudes will not be modified as part of
this action.
Military Operations Areas (MOA)
MOAs are established to separate or
segregate non-hazardous military flight
activities from aircraft operating in
accordance with instrument flight rules
(IFR), and to advise pilots flying under
VFR where these activities are
conducted. IFR aircraft may be routed
through an active MOA only by
agreement with the using agency and
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. As noted in the NPRM, MOAs are
nonregulatory airspace areas that are
established administratively and
published in the National Flight Data
Digest (NFDD) rather than through
rulemaking procedures. When a
nonrulemaking action is an integral part
of a rulemaking action, FAA procedures
allow for the nonrulemaking changes to
be included in the rulemaking action.
Since the MOAs are an integral part of
the Avon Park Range airspace structure,
the MOA changes are included in this
rule as well as being published in the
NFDD.
APAFR MOA Changes
This action subdivides the Lake
Placid MOA, cancels the Avon North
and Avon South MOAs, establishes the
Avon East High MOA, amends some
MOA times of use and updates the name
of the using agency for all APAFR
MOAs. Specifically, the Lake Placid
MOA is subdivided into three parts:
Lake Placid North, Lake Placid West
and Lake Placid East. These charted
subdivisions will simplify coordination
with MOA users and will allow more
efficient traffic flows for
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nonparticipating aircraft when parts of
the MOA are not in use by the military.
The eastern boundary of the new Lake
Placid North and Lake Placid West
MOAs is adjusted to eliminate a slight
overlap of the MOAs into restricted
airspace. The times of use for the Lake
Placid MOAs are amended to include a
provision to allow for activation of the
airspace at ‘‘other times by NOTAM’’ to
be consistent with other APAFR SUA.
The altitudes for the Lake Placid MOAs
are not being changed and will remain
as currently published: from 7,000 feet
MSL to but not including FL 180.
The existing Avon North and Avon
South MOAs, both of which extend
upward from 5,000 feet MSL to but not
including FL 180, are cancelled and the
airspace converted into Restricted Areas
R–2901M and R–2901N, respectively, as
described in the rule section, below. A
new MOA, designated Avon East High,
is established directly above the existing
Avon East MOA. The Avon East MOA
currently extends from 500 feet AGL up
to but not including 14,000 feet MSL.
The new Avon East High MOA extends
from 14,000 feet MSL to but not
including FL 180.
The times of use for the Basinger and
Marian MOAs are changed to add a
provision to allow for activation of the
airspace at ‘‘other times by NOTAM.’’
This change aligns the Basinger and
Marian MOA times of use with the other
APAFR SUA areas.
The name of the using agency for all
APAFR MOAs is changed to read ‘‘U.S.
Air Force, Commander, 23rd Wing, Det.
1, MacDill AFB, FL,’’ to reflect the
current organizational title. Minor
corrections were made to the boundary
descriptions of the Avon East, Avon
East High and Basinger MOAs. These
corrections consist of more accurate
latitude/longitude points that do not
change the size or the charted depiction
of the areas.
The APAFR MOA description
changes are as follows:
Avon East MOA, FL [Amended]
By removing the current boundaries and
using agency and substituting the following:
Boundaries. Beginning at lat. 27°44′46″ N.,
long. 81°11′39″ W.; to lat. 27°44′46″ N., long.
81°08′29″ W.; to lat. 27°34′01″ N., long.
81°04′29″ W.; to lat. 27°32′31″ N., long.
81°07′23″ W.; to lat. 27°35′01″ N., long.
81°08′59″ W.; to the point of beginning.
Using agency. U.S. Air Force, Commander,
23rd Wing, Det 1, MacDill AFB, FL.
Avon East High MOA, FL [New]
Boundaries. Beginning at lat. 27°44′46″ N.,
long. 81°11′39″ W.; to lat. 27°44′46″ N., long.
81°08′29″ W.; to lat. 27°34′01″ N., long.
81°04′29″ W.; to lat. 27°32′31″ N., long.
81°07′23″ W.; to lat. 27°35′01″ N., long.
81°08′59″ W.; to the point of beginning.
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Altitudes. 14,000 feet MSL to but not
including FL 180.
Times of use. Intermittent, normally
daylight hours, Monday–Friday; other times
by NOTAM.
Controlling agency. FAA, Miami ARTCC.
Using agency. U.S. Air Force, Commander,
23rd Wing, Det 1, MacDill AFB, FL.
Basinger MOA, FL [Amended]
By removing the current boundaries, times
of use and using agency and substituting the
following:
Boundaries. Beginning at lat. 27°32′31″ N.,
long. 81°07′23″ W.; to lat. 27°34′01″ N., long.
81°04′29″ W.; to lat. 27°23′16″ N., long.
80°56’59″ W.; to lat. 27°21′01″ N., long.
80°59′59″ W.; to lat. 27°29’31″ N., long.
81°05′29″ W.; to the point of beginning.
Times of use. Intermittent, normally
daylight hours, Monday–Friday; occasionally
Saturday and Sunday; other times by
NOTAM.
Using agency. U.S. Air Force, Commander,
23rd Wing, Det 1, MacDill AFB, FL.
Lake Placid North MOA, FL [New]
Boundaries. Beginning at lat. 27°53′31″ N.,
long. 81°51′59″ W.; to lat. 28°00′01″ N., long.
81°20′59″ W.; to lat. 27°55′01″ N., long.
81°25′19″ W.; to lat. 27°42′49″ N., long. 81°
36′16″ W.; to lat. 27°35′44″ N., long.
81°42′14″ W.; to the point of beginning.
Altitudes. 7,000 feet MSL to but not
including FL 180.
Times of use. Intermittent, normally
daylight hours, Monday–Friday; occasionally
on Saturday and Sunday; other times by
NOTAM.
Controlling agency. FAA, Miami ARTCC.
Using agency. U.S. Air Force, Commander,
23rd Wing, Det 1, MacDill AFB, FL.
Lake Placid West MOA, FL [New]
Boundaries. Beginning at lat. 27°35′44″ N.,
long. 81°42′14″ W.; to lat. 27°42′49″ N., long.
81°36′16″ W.; to lat. 27°21′30″ N., long.
81°28′00″ W.; to lat. 27°04′01″ N., long.
81°16′59″ W.; to lat. 27°04′01″ N., long.
81°24′59″ W.; to the point of beginning.
Altitudes. 7,000 feet MSL to but not
including FL 180.
Times of use. Intermittent, normally
daylight hours, Monday–Friday; occasionally
on Saturday and Sunday; other times by
NOTAM.
Controlling agency. FAA, Miami ARTCC.
Using agency. U.S. Air Force, Commander,
23rd Wing, Det 1, MacDill AFB, FL.
Lake Placid East MOA, FL [New]
Boundaries. Beginning at lat. 27°42’49″ N.,
long. 81°36’16″ W.; to lat. 27°55′01″ N., long.
81°25′19″ W.; to lat. 27°42′01″ N., long.
81°25′19″ W.; to lat. 27°32′33″ N., long.
81°21′39″ W.; to lat. 27°30′46″ N., long.
81°17′49″ W.; to lat. 27°24′46″ N., long.
81°10′59″ W.; to lat. 27°15′03″ N., long.
81°04′54″ W.; to lat. 27°04′01″ N., long.
81°16′59″ W.; to lat. 27°21′30″ N., long.
81°28′00″ W.; to the point of beginning.
Altitudes. 7,000 feet MSL to but not
including FL 180.
Times of use. Intermittent, normally
daylight hours, Monday–Friday; occasionally
on Saturday and Sunday; other times by
NOTAM.
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Controlling agency. FAA, Miami ARTCC.
Using agency. U.S. Air Force, Commander,
23rd Wing, Det 1, MacDill AFB, FL.
Marian MOA, FL [Amended]
By removing the times of use and current
using agency and substituting the following:
Times of use. Intermittent, normally
daylight hours, Monday–Friday; occasionally
Saturday and Sunday; other times by
NOTAM.
Using agency. U.S. Air Force, Commander,
23rd Wing, Det 1, MacDill AFB, FL.
The above MOA changes will also be
published in the National Flight Data Digest.
The Rule
This action amends 14 CFR part 73 by
restructuring the restricted airspace
areas at the APAFR to enable training in
various high-altitude tactics that are
essential for combat readiness and are
currently being used in actual combat
operations. This action adds new
restricted area subdivisions to raise the
ceiling of restricted airspace at the
Range to a maximum of FL 400. The
current restricted area floors remain
unchanged. As noted above, the Avon
North and Avon South MOAs are
cancelled and that airspace is converted
to Restricted Areas R–2901M and
R–2901N, respectively. This adds
restricted airspace up to but not
including 14,000 feet MSL in those parts
of the Range. The lateral boundaries of
R–2901B are expanded so that R–2901B
overlies all other APAFR restricted areas
that are designated below 14,000 feet
MSL. Also, the ceiling of R–2901B is
changed to read ‘‘to but not including FL
180.’’ In order to provide the higher
restricted airspace needed for training,
three new restricted areas (R–2901J, R–
2901K and R–2901L) are established
above R–2901B. The new R–2901J
directly overlies R–2901B and extends
from FL 180 up to but not including FL
230. The new R–2901K overlies R–2901J
and extends from FL 230 up to but not
including FL 310. The new R–2901L
overlies R–2901K and extends from FL
310 up to and including FL 400. This
arrangement of layered restricted area
subdivisions allows the airspace to be
activated in segments, as needed, up to
FL 400. Restricted area segments not
required for the military mission can be
released to Miami ARTCC for access by
nonparticipating aircraft.
The name of the using agency for all
APAFR restricted areas is changed to
read ‘‘U.S. Air Force, Commander, 23rd
Wing, Det 1, MacDill AFB, FL,’’ to
reflect the current organizational title.
The descriptions of restricted areas
R–2901A, C, D, E, F, G, H and I include
a minor change to the designated
altitude descriptions by adding the
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words ‘‘to but not including’’ before the
ceiling altitude to prevent overlap with
the floor of overlying restricted airspace.
In addition, two points are added to the
boundary descriptions of restricted
areas R–2901B, J, K and L at the request
of the National Aeronautical Charting
Office. The additional two points fall
along the existing boundary line and do
not affect the size or charted depiction
of the areas.
With the exception of editorial
changes, and the changes described
above, this amendment is the same as
that proposed in the NPRM.
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 proposed
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, 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 will restructure the SUA at the
APAFR in Florida.
Environmental Review
The FAA has reviewed the Avon Park
Air Force Range, FL, Special Use
Airspace modifications and has
determined that the project is
categorically excluded from further
environmental documentation in
accordance with FAA Order 1050.1E,
‘‘Environmental Impacts: Policies and
Procedures,’’ Paragraph 311d. The
implementation of this action will not
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12:32 May 21, 2010
Jkt 220001
result in any extraordinary
circumstances in accordance with Order
1050.1E.
List of Subjects in 14 CFR Part 73
Airspace, Prohibited areas, Restricted
areas.
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.
§ 73.29
■
(Amended)
2. § 73.29 is amended as follows:
*
*
*
*
*
R–2901A Avon Park, FL [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. U.S. Air Force, Commander,
23rd Wing, Det 1, MacDill AFB, FL
*
*
*
*
*
R–2901B Avon Park, FL [Revised]
Boundaries. Beginning at lat. 28°00′01″ N.,
long. 81°20′59″ W.; to lat. 28°00′01″ N., long.
81°13′59″ W.; to lat. 27°44′46″ N., long.
81°13′59″ W.; to lat. 27°44′46″ N., long.
81°11′39″ W.; to lat. 27°35′01″ N., long.
81°08′59″ W.; to lat. 27°32′31″ N., long.
81°07′29″ W.; to lat. 27°29′31″ N., long.
81°05′29″ W.; to lat. 27°21′01″ N., long.
80°59′59″ W.; to lat. 27°16′46″ N., long.
81°05′59″ W.; to lat. 27°24′46″ N., long.
81°10′59″ W.; to lat. 27°30′46″ N., long.
81°17′49″ W.; to lat. 27°32′33″ N., long.
81°21′39″ W.; to lat. 27°42′01″ N., long.
81°25′19″ W.; to lat. 27°55′01″ N., long.
81°25′19″ W.; to the point of beginning.
Designated altitudes. 14,000 feet MSL to
but not including FL 180.
Time of designation. Intermittent, 0600–
2400, Monday–Friday; 0800–1800, Saturday–
Sunday; other times by NOTAM 6 hours in
advance.
Controlling agency. FAA, Miami ARTCC.
Using agency. U.S. Air Force, Commander,
23rd Wing, Det 1, MacDill AFB, FL.
*
*
*
*
*
R–2901C Avon Park, FL [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. U.S. Air Force, Commander,
23rd Wing, Det 1, MacDill AFB, FL.
*
PO 00000
*
*
Frm 00005
*
Fmt 4700
*
Sfmt 4700
28755
R–2901D Avon Park, FL [Amended]
By removing the current designated
altitudes and using agency and substituting
the following:
Designated altitudes. 500 feet MSL to but
not including 4,000 feet MSL east of long.
81°21′00″ W.; 1,000 feet AGL to but not
including 4,000 feet MSL west of long.
81°21′00″ W.
Using agency. U.S. Air Force, Commander,
23rd Wing, Det 1, MacDill AFB, FL.
*
*
*
*
*
R–2901E Avon Park, FL [Amended]
By removing the current designated
altitudes and using agency and substituting
the following:
Designated altitudes. 1,000 feet MSL to but
not including 4,000 feet MSL.
Using agency. U.S. Air Force, Commander,
23rd Wing, Det 1, MacDill AFB, FL.
*
*
*
*
*
R–2901F Avon Park, FL [Amended]
By removing the current designated
altitudes and substituting the following:
Designated altitudes. 4,000 feet MSL to but
not including 5,000 feet MSL.
Using agency. U.S. Air Force, Commander,
23rd Wing, Det 1, MacDill AFB, FL.
*
*
*
*
*
R–2901G Avon Park, FL [Amended]
By removing the current designated
altitudes and using agency and substituting
the following:
Designated altitudes. Surface to but not
including 5,000 feet MSL.
Using agency. U.S. Air Force, Commander,
23rd Wing, Det 1, MacDill AFB, FL.
*
*
*
*
*
R–2901H AvonPark, FL [Amended]
By removing the current designated
altitudes and using agency and substituting
the following:
Designated altitudes. 1,000 feet MSL to but
not including 4,000 feet MSL.
Using agency. U.S. Air Force, Commander,
23rd Wing, Det 1, MacDill AFB, FL.
*
*
*
*
*
R–2901I AvonPark, FL [Amended]
By removing the current designated
altitudes and using agency and substituting
the following:
Designated altitudes. 1,500 feet MSL to but
not including 4,000 feet MSL
Using agency. U.S. Air Force, Commander,
23rd Wing, Det 1, MacDill AFB, FL.
*
*
*
*
*
R–2901J, Avon Park, FL [New]
Boundaries. Beginning at lat. 28°00′01″ N.,
long. 81°20′59″ W.; to lat. 28°00′01″ N., long.
81°13′59″ W.; to lat. 27°44′46″ N., long.
81°13′59″ W.; to lat. 27°44′46″ N., long.
81°11′39″ W.; to lat. 27°35′01″ N., long.
81°08′59″ W.; to lat. 27°32′31″ N., long.
81°07′29″ W.; to lat. 27°29′31″ N., long.
81°05′29″ W.; to lat. 27°21′01″ N., long.
80°59′59″ W.; to lat. 27°16′46″ N., long.
81°05′59″ W.; to lat. 27°24′46″ N., long.
81°10′59″ W.; to lat. 27°30′46″ N., long.
81°17′49″ W.; to lat. 27°32′33″ N., long.
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28756
Federal Register / Vol. 75, No. 99 / Monday, May 24, 2010 / Rules and Regulations
81°21′39″ W.; to lat. 27°42′01″ N., long.
81°25′19″ W.; to lat. 27°55′01″ N., long.
81°25′19″ W.; to the point of beginning.
Designated altitudes. FL 180 to but not
including FL 230.
Time of designation. Intermittent, 0600–
2400, Monday–Friday; 0800–1800, Saturday–
Sunday; other times by NOTAM 6 hours in
advance.
Controlling agency. FAA, Miami ARTCC.
Using agency. U.S. Air Force, Commander,
23rd Wing, Det 1, MacDill AFB, FL.
*
*
*
*
*
R–2901K Avon Park, FL [New]
Boundaries. Beginning at lat. 28°00′01″ N.,
long. 81°20′59″ W.; to lat. 28°00′01″ N., long.
81°13′59″ W.; to lat. 27°44′46″ N., long.
81°13′59″ W.; to lat. 27°44′46″ N., long.
81°11′39″ W.; to lat. 27°35′01″ N., long.
81°08′59″ W.; to lat. 27°32′31″ N., long.
81°07′29″ W.; to lat. 27°29′31″ N., long.
81°05′29″ W., to lat. 27°21′01″ N., long.
80°59′59″ W.; to lat. 27°16′46″ N., long.
81°05′59″ W.; to lat. 27°24′46″ N., long.
81°10′59″ W.; to lat. 27°30′46″ N., long.
81°17′49″ W.; to lat. 27°32′33″ N., long.
81°21′39″ W.; to lat. 27°42′01″ N., long.
81°25′19″ W.; to lat. 27°55′01″ N., long.
81°25′19″ W.; to the point of beginning.
Designated altitudes. FL 230 to but not
including FL 310.
Time of designation. Intermittent, 0600–
2400, Monday–Friday; 0800–1800, Saturday–
Sunday; other times by NOTAM 6 hours in
advance.
Controlling agency. FAA, Miami ARTCC.
Using agency. U.S. Air Force, Commander,
23rd Wing, Det 1, MacDill AFB, FL.
*
*
*
*
*
WReier-Aviles on DSKGBLS3C1PROD with RULES
*
*
*
*
R–2901M Avon Park, FL [New]
Boundaries. Beginning at lat. 28°00′01″ N.,
long. 81°20′59″ W.; to lat. 28°00′01″ N., long.
81°13′59″ W.; to lat. 27°48′31″ N., long.
81°13′59″ W.; thence west along Florida State
Routes 60 and 630 to lat. 27°46′01″ N., long.
81°25′19″ W.; to lat. 27°55′01″ N., long.
81°25′19″ W.; to the point of beginning.
VerDate Mar<15>2010
14:36 May 21, 2010
*
*
*
*
*
R–2901N Avon Park, FL [New]
Boundaries. Beginning at lat. 27°32′33″ N.,
long. 81°21′39″ W.; to lat. 27°32′37″ N., long.
81°16′46″ W.; to lat. 27°29′01″ N., long.
81°13′29″ W.; to lat. 27°32′31″ N., long.
81°07′29″ W.; to lat. 27°29′31″ N., long.
81°05′29″ W.; to lat. 27°21′01″ N., long.
80°59′59″ W.; to lat. 27°16′46″ N., long.
81°05′59″ W.; to lat. 27°24′46″ N., long.
81°10′59″ W.; to lat. 27°30′46″ N., long.
81°17′49″ W.; to the point of beginning.
Designated altitudes. 5,000 feet MSL to but
not including 14,000 feet MSL north of a line
from lat. 27°24′46″ N., long. 81°10′59″ W.; to
lat. 27°29′31″ N., long. 81°05′29″ W.; 4,000
feet MSL to but not including 14,000 feet
MSL south of that line.
Time of designation. Intermittent, 0600–
2400, Monday–Friday; 0800–1800, Saturday–
Sunday; other times by NOTAM 6 hours in
advance.
Controlling agency. FAA, Miami ARTCC.
Using agency. U.S. Air Force, Commander,
23rd Wing, Det 1, MacDill AFB, FL.
Issued in Washington, DC, on May 18,
2010.
Edith V. Parish,
Manager, Airspace & Rules Group.
[FR Doc. 2010–12409 Filed 5–21–10; 8:45 am]
R–2901L Avon Park, FL [New]
Boundaries. Beginning at lat. 28°00′01″ N.,
long. 81°20′59″ W.; to lat. 28°00′01″ N., long.
81°13′59″ W.; to lat. 27°44′46″ N., long.
81°13′59″ W.; to lat. 27°44′46″ N., long.
81°11′39″ W.; to lat. 27°35′01″ N., long.
81°08′59″ W.; to lat. 27°32′31″ N., long.
81°07′29″ W.; to lat. 27°29′31″ N., long.
81°05′29″ W.; to lat. 27°21′01″ N., long.
80°59′59″ W.; to lat. 27°16′46″ N., long.
81°05′59″ W.; to lat. 27°24′46″ N., long.
81°10′59″ W.; to lat. 27°30′46″ N., long.
81°17′49″ W.; to lat. 27°32′33″ N., long.
81°21′39″ W.; to lat. 27°42′01″ N., long.
81°25′19″ W.; to lat. 27°55′01″ N., long.
81°25′19″ W.; to the point of beginning.
Designated altitudes. FL 310 to FL 400.
Time of designation. Intermittent, 0600–
2400, Monday–Friday; 0800–1800, Saturday–
Sunday; other times by NOTAM 6 hours in
advance.
Controlling agency. FAA, Miami ARTCC.
Using agency. U.S. Air Force, Commander,
23rd Wing, Det 1, MacDill AFB, FL.
*
Designated altitudes. 4,000 feet MSL to but
not including 14,000 feet MSL.
Time of designation. Intermittent, 0600–
2400, Monday–Friday; 0800–1800, Saturday–
Sunday; other times by NOTAM 6 hours in
advance.
Controlling agency. FAA, Miami ARTCC.
Using agency. U.S. Air Force, Commander,
23rd Wing, Det 1, MacDill AFB, FL.
Jkt 220001
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA–2010–0471; Airspace
Docket No. 10–AWP–7]
RIN 2120–AA66
Amendment of Restricted Area R–
2502A; Fort Irwin, CA
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
SUMMARY: This action changes the
controlling agency of Restricted Area R–
2502A, Fort Irwin, CA, from ‘‘FAA, HiDesert TRACON, Edwards, CA’’ to
‘‘FAA, Los Angeles ARTCC.’’ The FAA
is taking this action in response to an
administrative change of responsibility
for the restricted area. This action does
not change any boundaries, times of
designation, or activities conducted in
the restricted airspace area.
DATES: Effective date 0901 UTC, July 29,
2010.
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
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:
The Rule
This action amends Title 14 Code of
Federal Regulations (14 CFR) part 73 by
changing the controlling agency for
R–2502A from ‘‘FAA, Hi-Desert
TRACON, Edwards, CA’’ to ‘‘FAA, Los
Angeles ARTCC.’’ This is an
administrative change and does not
affect the boundaries, designated
altitudes, or activities conducted within
the restricted area, therefore, notice and
public procedures under 5 U.S.C. 553(b)
is unnecessary.
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, 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 amends a restricted area in California.
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with 311d,
FAA Order 1050.1E, ‘‘Environmental
E:\FR\FM\24MYR1.SGM
24MYR1
]]>Agencies
[Federal Register Volume 75, Number 99 (Monday, May 24, 2010)]
[Rules and Regulations]
[Pages 28752-28756]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-12409]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA-2008-1261; Airspace Docket No. 06-ASO-18]
RIN 2120-AA66
Amendment and Establishment of Restricted Areas and Other Special
Use Airspace, Avon Park Air Force Range, FL
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action restructures the special use airspace (SUA) at the
Avon Park Air Force Range (APAFR), Florida. The changes provide
additional restricted airspace needed for training in high altitude
weapons releases and other hazardous activities, and reconfigure the
military operations areas (MOA) to contain nonhazardous flight
operations. These changes will permit realistic training in current
tactics to be conducted at the Range and enable more efficient use of
the National Airspace System.
DATES: Effective date 0901 UTC, July 29, 2010.
FOR FURTHER INFORMATION CONTACT: Paul Gallant, 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:
Background
On Thursday, February 12, 2009, the FAA published in the Federal
Register a notice of proposed rulemaking (NPRM) to restructure the SUA
at the APAFR, Florida (74 FR 7018). Interested parties were invited to
participate in this rulemaking proceeding by submitting written
comments on the proposal to the FAA. Four responses were received.
Discussion of Comments
One commenter wrote that the APAFR should be eliminated in its
[[Page 28753]]
entirety due to a lack of observed activity at the Range. The commenter
also stated that the NPRM did not propose any altitude restrictions or
changes for the area.
The FAA does not agree. The airspace in this general area has been
used for military purposes dating back to the 1940s and the range
remains a crucial training resource today. The APAFR restricted areas
are used for a variety of hazardous activities, many of which may not
be readily apparent through observation. These activities include not
only aircraft operations such as various attack profiles and air-to-
ground weapons delivery, etc.; but also various non-aviation, ground-
based activities including artillery, mortars, missiles, etc. The MOAs
are used for nonhazardous flight operations that support range
missions. A sampling of APAFR restricted area and MOA annual
utilization data for Fiscal Year (FY) 2004 and FY 2009 shows
significant use of the airspace. For example, in FY 2004, the Avon East
MOA was used on 277 days with 8,618 aircraft sorties. In FY 2009, the
same MOA was used on 280 days with 10,131 aircraft sorties. The
restricted areas also saw extensive use, reflecting continuing, real-
world training requirements. In FY 2004, R-2901A and C through I were
used on 276 days with 8,581 aircraft sorties. The FY 2004 figures for
R-2901B were 206 days and 3,415 aircraft sorties. In FY 2009, the
figures for all R-2901 areas (A through I) grew to 280 days and 10,131
aircraft sorties. As described in more detail below, this action makes
a number of airspace modifications at APAFR. All changes to APAFR SUA
are contained within the current outer foot print of the range airspace
with the existing SUA altitude floors remaining unchanged. New SUA is
being added upward within that footprint but in layers so that only
those sections of airspace needed for the mission will be activated.
The Lake Placid MOA is subdivided into three sections to enable more
efficient use of the airspace.
Another commenter stated that all military testing should be moved
to an area of lower population density.
As stated above, military use of the APAFR area dates back to the
1940s. Over time, many military installations, including APAFR, have
experienced growth of communities located near the installation which
results in challenges to both the military mission and the surrounding
community. The military is currently participating in the Avon Park Air
Force Range Joint Land Use Study, sponsored by the Central Florida
Regional Planning Council. This project is a cooperative land use
planning effort between the military installation and surrounding
communities to promote compatible community growth while supporting
military training and operational missions. The goal of this study is
to protect the health, safety and welfare of the local community with
regard to military operations and to address development that may
impact the mission of the APAFR.
Representatives of the Indian Hammock Airport (FL75), Fort Drum,
FL, wrote with concerns about the proposed airspace changes. FL75 is a
charted, private-use, uncontrolled airport located along the eastern
edge of the Marian MOA. Airport users were concerned that extending the
MOA operating hours to include weekends and nighttime would impact the
airport's busiest periods and increase the risk of an accident. They
noted that aircraft frequently pass under FL75's 800-foot traffic
pattern and/or in close proximity to the airport. Airport
representatives recommended that a plan be developed to avoid FL75,
especially on weekends and at night. Additionally, they recommended
that visual flight rules (VFR) corridors be developed and published for
pilot transit through the northern and southern portions of R-2901.
The FAA has determined that VFR corridors through the APAFR complex
are not feasible at this time. In response to the comments regarding
impacts on airport operations, a representative from the APAFR met
recently with FL75 representatives to discuss the U.S Air Force's
Midair Collision Avoidance (MACA) Program, current Range operations and
FL75's concerns, and to establish contacts for continuing discussions
between FL75 and APAFR.
Representatives of the Destiny Project wrote to request that the
Marian MOA be modified due to a development project planned in the
area. Specifically, they asked that the minimum MOA flight altitude,
within that section of the Marian MOA located in Osceola County, be
raised from the current 500 feet above ground level (AGL), to 5,000
feet above mean sea level (MSL).
The Marian MOA was established in 1977. It is used primarily as a
maneuvering and holding area for flights going into R-2901 and for
periodic exercises. Since the Marian MOA currently extends from 500
feet AGL up to 5,000 feet MSL, raising the MOA floor to 5,000 feet MSL,
as requested, would eliminate that part of the MOA that overlies
Osceola County. The resulting reduction in available MOA airspace would
leave insufficient room for holding and maneuvering, causing military
aircraft to exit SUA when entering or departing the restricted areas
and/or when maneuvering or holding prior to entering the restricted
areas. This would defeat the purpose of a MOA, which is to contain non-
hazardous military flying activities and to identify, for
nonparticipating pilots, where that activity is being conducted. The
NPRM proposed an administrative change to the Marian MOA description to
update the name of the using agency and to add a ``by NOTAM'' provision
to the MOA times of use to make them consistent with other APAFR SUA
areas. No changes to the boundaries or altitude structure of the Marian
MOA were proposed in the NPRM, therefore the requested MOA modification
is outside the scope of this action. For the above reasons, the Marian
MOA boundaries or altitudes will not be modified as part of this
action.
Military Operations Areas (MOA)
MOAs are established to separate or segregate non-hazardous
military flight activities from aircraft operating in accordance with
instrument flight rules (IFR), and to advise pilots flying under VFR
where these activities are conducted. IFR aircraft may be routed
through an active MOA only by agreement with the using agency and 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. As noted in the
NPRM, MOAs are nonregulatory airspace areas that are established
administratively and published in the National Flight Data Digest
(NFDD) rather than through rulemaking procedures. When a nonrulemaking
action is an integral part of a rulemaking action, FAA procedures allow
for the nonrulemaking changes to be included in the rulemaking action.
Since the MOAs are an integral part of the Avon Park Range airspace
structure, the MOA changes are included in this rule as well as being
published in the NFDD.
APAFR MOA Changes
This action subdivides the Lake Placid MOA, cancels the Avon North
and Avon South MOAs, establishes the Avon East High MOA, amends some
MOA times of use and updates the name of the using agency for all APAFR
MOAs. Specifically, the Lake Placid MOA is subdivided into three parts:
Lake Placid North, Lake Placid West and Lake Placid East. These charted
subdivisions will simplify coordination with MOA users and will allow
more efficient traffic flows for
[[Page 28754]]
nonparticipating aircraft when parts of the MOA are not in use by the
military. The eastern boundary of the new Lake Placid North and Lake
Placid West MOAs is adjusted to eliminate a slight overlap of the MOAs
into restricted airspace. The times of use for the Lake Placid MOAs are
amended to include a provision to allow for activation of the airspace
at ``other times by NOTAM'' to be consistent with other APAFR SUA. The
altitudes for the Lake Placid MOAs are not being changed and will
remain as currently published: from 7,000 feet MSL to but not including
FL 180.
The existing Avon North and Avon South MOAs, both of which extend
upward from 5,000 feet MSL to but not including FL 180, are cancelled
and the airspace converted into Restricted Areas R-2901M and R-2901N,
respectively, as described in the rule section, below. A new MOA,
designated Avon East High, is established directly above the existing
Avon East MOA. The Avon East MOA currently extends from 500 feet AGL up
to but not including 14,000 feet MSL. The new Avon East High MOA
extends from 14,000 feet MSL to but not including FL 180.
The times of use for the Basinger and Marian MOAs are changed to
add a provision to allow for activation of the airspace at ``other
times by NOTAM.'' This change aligns the Basinger and Marian MOA times
of use with the other APAFR SUA areas.
The name of the using agency for all APAFR MOAs is changed to read
``U.S. Air Force, Commander, 23rd Wing, Det. 1, MacDill AFB, FL,'' to
reflect the current organizational title. Minor corrections were made
to the boundary descriptions of the Avon East, Avon East High and
Basinger MOAs. These corrections consist of more accurate latitude/
longitude points that do not change the size or the charted depiction
of the areas.
The APAFR MOA description changes are as follows:
Avon East MOA, FL [Amended]
By removing the current boundaries and using agency and
substituting the following:
Boundaries. Beginning at lat. 27[deg]44'46'' N., long.
81[deg]11'39'' W.; to lat. 27[deg]44'46'' N., long. 81[deg]08'29''
W.; to lat. 27[deg]34'01'' N., long. 81[deg]04'29'' W.; to lat.
27[deg]32'31'' N., long. 81[deg]07'23'' W.; to lat. 27[deg]35'01''
N., long. 81[deg]08'59'' W.; to the point of beginning.
Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.
Avon East High MOA, FL [New]
Boundaries. Beginning at lat. 27[deg]44'46'' N., long.
81[deg]11'39'' W.; to lat. 27[deg]44'46'' N., long. 81[deg]08'29''
W.; to lat. 27[deg]34'01'' N., long. 81[deg]04'29'' W.; to lat.
27[deg]32'31'' N., long. 81[deg]07'23'' W.; to lat. 27[deg]35'01''
N., long. 81[deg]08'59'' W.; to the point of beginning.
Altitudes. 14,000 feet MSL to but not including FL 180.
Times of use. Intermittent, normally daylight hours, Monday-
Friday; other times by NOTAM.
Controlling agency. FAA, Miami ARTCC.
Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.
Basinger MOA, FL [Amended]
By removing the current boundaries, times of use and using
agency and substituting the following:
Boundaries. Beginning at lat. 27[deg]32'31'' N., long.
81[deg]07'23'' W.; to lat. 27[deg]34'01'' N., long. 81[deg]04'29''
W.; to lat. 27[deg]23'16'' N., long. 80[deg]56'59'' W.; to lat.
27[deg]21'01'' N., long. 80[deg]59'59'' W.; to lat. 27[deg]29'31''
N., long. 81[deg]05'29'' W.; to the point of beginning.
Times of use. Intermittent, normally daylight hours, Monday-
Friday; occasionally Saturday and Sunday; other times by NOTAM.
Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.
Lake Placid North MOA, FL [New]
Boundaries. Beginning at lat. 27[deg]53'31'' N., long.
81[deg]51'59'' W.; to lat. 28[deg]00'01'' N., long. 81[deg]20'59''
W.; to lat. 27[deg]55'01'' N., long. 81[deg]25'19'' W.; to lat.
27[deg]42'49'' N., long. 81[deg] 36'16'' W.; to lat. 27[deg]35'44''
N., long. 81[deg]42'14'' W.; to the point of beginning.
Altitudes. 7,000 feet MSL to but not including FL 180.
Times of use. Intermittent, normally daylight hours, Monday-
Friday; occasionally on Saturday and Sunday; other times by NOTAM.
Controlling agency. FAA, Miami ARTCC.
Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.
Lake Placid West MOA, FL [New]
Boundaries. Beginning at lat. 27[deg]35'44'' N., long.
81[deg]42'14'' W.; to lat. 27[deg]42'49'' N., long. 81[deg]36'16''
W.; to lat. 27[deg]21'30'' N., long. 81[deg]28'00'' W.; to lat.
27[deg]04'01'' N., long. 81[deg]16'59'' W.; to lat. 27[deg]04'01''
N., long. 81[deg]24'59'' W.; to the point of beginning.
Altitudes. 7,000 feet MSL to but not including FL 180.
Times of use. Intermittent, normally daylight hours, Monday-
Friday; occasionally on Saturday and Sunday; other times by NOTAM.
Controlling agency. FAA, Miami ARTCC.
Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.
Lake Placid East MOA, FL [New]
Boundaries. Beginning at lat. 27[deg]42'49'' N., long.
81[deg]36'16'' W.; to lat. 27[deg]55'01'' N., long. 81[deg]25'19''
W.; to lat. 27[deg]42'01'' N., long. 81[deg]25'19'' W.; to lat.
27[deg]32'33'' N., long. 81[deg]21'39'' W.; to lat. 27[deg]30'46''
N., long. 81[deg]17'49'' W.; to lat. 27[deg]24'46'' N., long.
81[deg]10'59'' W.; to lat. 27[deg]15'03'' N., long. 81[deg]04'54''
W.; to lat. 27[deg]04'01'' N., long. 81[deg]16'59'' W.; to lat.
27[deg]21'30'' N., long. 81[deg]28'00'' W.; to the point of
beginning.
Altitudes. 7,000 feet MSL to but not including FL 180.
Times of use. Intermittent, normally daylight hours, Monday-
Friday; occasionally on Saturday and Sunday; other times by NOTAM.
Controlling agency. FAA, Miami ARTCC.
Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.
Marian MOA, FL [Amended]
By removing the times of use and current using agency and
substituting the following:
Times of use. Intermittent, normally daylight hours, Monday-
Friday; occasionally Saturday and Sunday; other times by NOTAM.
Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.
The above MOA changes will also be published in the National
Flight Data Digest.
The Rule
This action amends 14 CFR part 73 by restructuring the restricted
airspace areas at the APAFR to enable training in various high-altitude
tactics that are essential for combat readiness and are currently being
used in actual combat operations. This action adds new restricted area
subdivisions to raise the ceiling of restricted airspace at the Range
to a maximum of FL 400. The current restricted area floors remain
unchanged. As noted above, the Avon North and Avon South MOAs are
cancelled and that airspace is converted to Restricted Areas R-2901M
and R-2901N, respectively. This adds restricted airspace up to but not
including 14,000 feet MSL in those parts of the Range. The lateral
boundaries of R-2901B are expanded so that R-2901B overlies all other
APAFR restricted areas that are designated below 14,000 feet MSL. Also,
the ceiling of R-2901B is changed to read ``to but not including FL
180.'' In order to provide the higher restricted airspace needed for
training, three new restricted areas (R-2901J, R-2901K and R-2901L) are
established above R-2901B. The new R-2901J directly overlies R-2901B
and extends from FL 180 up to but not including FL 230. The new R-2901K
overlies R-2901J and extends from FL 230 up to but not including FL
310. The new R-2901L overlies R-2901K and extends from FL 310 up to and
including FL 400. This arrangement of layered restricted area
subdivisions allows the airspace to be activated in segments, as
needed, up to FL 400. Restricted area segments not required for the
military mission can be released to Miami ARTCC for access by
nonparticipating aircraft.
The name of the using agency for all APAFR restricted areas is
changed to read ``U.S. Air Force, Commander, 23rd Wing, Det 1, MacDill
AFB, FL,'' to reflect the current organizational title.
The descriptions of restricted areas R-2901A, C, D, E, F, G, H and
I include a minor change to the designated altitude descriptions by
adding the
[[Page 28755]]
words ``to but not including'' before the ceiling altitude to prevent
overlap with the floor of overlying restricted airspace. In addition,
two points are added to the boundary descriptions of restricted areas
R-2901B, J, K and L at the request of the National Aeronautical
Charting Office. The additional two points fall along the existing
boundary line and do not affect the size or charted depiction of the
areas.
With the exception of editorial changes, and the changes described
above, this amendment is the same as that proposed in the NPRM.
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 proposed 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, 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 will restructure the SUA at the APAFR in Florida.
Environmental Review
The FAA has reviewed the Avon Park Air Force Range, FL, Special Use
Airspace modifications and has determined that the project is
categorically excluded from further environmental documentation in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures,'' Paragraph 311d. The implementation of this action
will not result in any extraordinary circumstances in accordance with
Order 1050.1E.
List of Subjects in 14 CFR Part 73
Airspace, Prohibited areas, Restricted areas.
Adoption of 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. 73.29 (Amended)
0
2. Sec. 73.29 is amended as follows:
* * * * *
R-2901A Avon Park, FL [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. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL
* * * * *
R-2901B Avon Park, FL [Revised]
Boundaries. Beginning at lat. 28[deg]00'01'' N., long.
81[deg]20'59'' W.; to lat. 28[deg]00'01'' N., long. 81[deg]13'59''
W.; to lat. 27[deg]44'46'' N., long. 81[deg]13'59'' W.; to lat.
27[deg]44'46'' N., long. 81[deg]11'39'' W.; to lat. 27[deg]35'01''
N., long. 81[deg]08'59'' W.; to lat. 27[deg]32'31'' N., long.
81[deg]07'29'' W.; to lat. 27[deg]29'31'' N., long. 81[deg]05'29''
W.; to lat. 27[deg]21'01'' N., long. 80[deg]59'59'' W.; to lat.
27[deg]16'46'' N., long. 81[deg]05'59'' W.; to lat. 27[deg]24'46''
N., long. 81[deg]10'59'' W.; to lat. 27[deg]30'46'' N., long.
81[deg]17'49'' W.; to lat. 27[deg]32'33'' N., long. 81[deg]21'39''
W.; to lat. 27[deg]42'01'' N., long. 81[deg]25'19'' W.; to lat.
27[deg]55'01'' N., long. 81[deg]25'19'' W.; to the point of
beginning.
Designated altitudes. 14,000 feet MSL to but not including FL
180.
Time of designation. Intermittent, 0600-2400, Monday-Friday;
0800-1800, Saturday-Sunday; other times by NOTAM 6 hours in advance.
Controlling agency. FAA, Miami ARTCC.
Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.
* * * * *
R-2901C Avon Park, FL [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. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.
* * * * *
R-2901D Avon Park, FL [Amended]
By removing the current designated altitudes and using agency
and substituting the following:
Designated altitudes. 500 feet MSL to but not including 4,000
feet MSL east of long. 81[deg]21'00'' W.; 1,000 feet AGL to but not
including 4,000 feet MSL west of long. 81[deg]21'00'' W.
Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.
* * * * *
R-2901E Avon Park, FL [Amended]
By removing the current designated altitudes and using agency
and substituting the following:
Designated altitudes. 1,000 feet MSL to but not including 4,000
feet MSL.
Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.
* * * * *
R-2901F Avon Park, FL [Amended]
By removing the current designated altitudes and substituting
the following:
Designated altitudes. 4,000 feet MSL to but not including 5,000
feet MSL.
Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.
* * * * *
R-2901G Avon Park, FL [Amended]
By removing the current designated altitudes and using agency
and substituting the following:
Designated altitudes. Surface to but not including 5,000 feet
MSL.
Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.
* * * * *
R-2901H AvonPark, FL [Amended]
By removing the current designated altitudes and using agency
and substituting the following:
Designated altitudes. 1,000 feet MSL to but not including 4,000
feet MSL.
Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.
* * * * *
R-2901I AvonPark, FL [Amended]
By removing the current designated altitudes and using agency
and substituting the following:
Designated altitudes. 1,500 feet MSL to but not including 4,000
feet MSL
Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.
* * * * *
R-2901J, Avon Park, FL [New]
Boundaries. Beginning at lat. 28[deg]00'01'' N., long.
81[deg]20'59'' W.; to lat. 28[deg]00'01'' N., long. 81[deg]13'59''
W.; to lat. 27[deg]44'46'' N., long. 81[deg]13'59'' W.; to lat.
27[deg]44'46'' N., long. 81[deg]11'39'' W.; to lat. 27[deg]35'01''
N., long. 81[deg]08'59'' W.; to lat. 27[deg]32'31'' N., long.
81[deg]07'29'' W.; to lat. 27[deg]29'31'' N., long. 81[deg]05'29''
W.; to lat. 27[deg]21'01'' N., long. 80[deg]59'59'' W.; to lat.
27[deg]16'46'' N., long. 81[deg]05'59'' W.; to lat. 27[deg]24'46''
N., long. 81[deg]10'59'' W.; to lat. 27[deg]30'46'' N., long.
81[deg]17'49'' W.; to lat. 27[deg]32'33'' N., long.
[[Page 28756]]
81[deg]21'39'' W.; to lat. 27[deg]42'01'' N., long. 81[deg]25'19''
W.; to lat. 27[deg]55'01'' N., long. 81[deg]25'19'' W.; to the point
of beginning.
Designated altitudes. FL 180 to but not including FL 230.
Time of designation. Intermittent, 0600-2400, Monday-Friday;
0800-1800, Saturday-Sunday; other times by NOTAM 6 hours in advance.
Controlling agency. FAA, Miami ARTCC.
Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.
* * * * *
R-2901K Avon Park, FL [New]
Boundaries. Beginning at lat. 28[deg]00'01'' N., long.
81[deg]20'59'' W.; to lat. 28[deg]00'01'' N., long. 81[deg]13'59''
W.; to lat. 27[deg]44'46'' N., long. 81[deg]13'59'' W.; to lat.
27[deg]44'46'' N., long. 81[deg]11'39'' W.; to lat. 27[deg]35'01''
N., long. 81[deg]08'59'' W.; to lat. 27[deg]32'31'' N., long.
81[deg]07'29'' W.; to lat. 27[deg]29'31'' N., long. 81[deg]05'29''
W., to lat. 27[deg]21'01'' N., long. 80[deg]59'59'' W.; to lat.
27[deg]16'46'' N., long. 81[deg]05'59'' W.; to lat. 27[deg]24'46''
N., long. 81[deg]10'59'' W.; to lat. 27[deg]30'46'' N., long.
81[deg]17'49'' W.; to lat. 27[deg]32'33'' N., long. 81[deg]21'39''
W.; to lat. 27[deg]42'01'' N., long. 81[deg]25'19'' W.; to lat.
27[deg]55'01'' N., long. 81[deg]25'19'' W.; to the point of
beginning.
Designated altitudes. FL 230 to but not including FL 310.
Time of designation. Intermittent, 0600-2400, Monday-Friday;
0800-1800, Saturday-Sunday; other times by NOTAM 6 hours in advance.
Controlling agency. FAA, Miami ARTCC.
Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.
* * * * *
R-2901L Avon Park, FL [New]
Boundaries. Beginning at lat. 28[deg]00'01'' N., long.
81[deg]20'59'' W.; to lat. 28[deg]00'01'' N., long. 81[deg]13'59''
W.; to lat. 27[deg]44'46'' N., long. 81[deg]13'59'' W.; to lat.
27[deg]44'46'' N., long. 81[deg]11'39'' W.; to lat. 27[deg]35'01''
N., long. 81[deg]08'59'' W.; to lat. 27[deg]32'31'' N., long.
81[deg]07'29'' W.; to lat. 27[deg]29'31'' N., long. 81[deg]05'29''
W.; to lat. 27[deg]21'01'' N., long. 80[deg]59'59'' W.; to lat.
27[deg]16'46'' N., long. 81[deg]05'59'' W.; to lat. 27[deg]24'46''
N., long. 81[deg]10'59'' W.; to lat. 27[deg]30'46'' N., long.
81[deg]17'49'' W.; to lat. 27[deg]32'33'' N., long. 81[deg]21'39''
W.; to lat. 27[deg]42'01'' N., long. 81[deg]25'19'' W.; to lat.
27[deg]55'01'' N., long. 81[deg]25'19'' W.; to the point of
beginning.
Designated altitudes. FL 310 to FL 400.
Time of designation. Intermittent, 0600-2400, Monday-Friday;
0800-1800, Saturday-Sunday; other times by NOTAM 6 hours in advance.
Controlling agency. FAA, Miami ARTCC.
Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.
* * * * *
R-2901M Avon Park, FL [New]
Boundaries. Beginning at lat. 28[deg]00'01'' N., long.
81[deg]20'59'' W.; to lat. 28[deg]00'01'' N., long. 81[deg]13'59''
W.; to lat. 27[deg]48'31'' N., long. 81[deg]13'59'' W.; thence west
along Florida State Routes 60 and 630 to lat. 27[deg]46'01'' N.,
long. 81[deg]25'19'' W.; to lat. 27[deg]55'01'' N., long.
81[deg]25'19'' W.; to the point of beginning.
Designated altitudes. 4,000 feet MSL to but not including 14,000
feet MSL.
Time of designation. Intermittent, 0600-2400, Monday-Friday;
0800-1800, Saturday-Sunday; other times by NOTAM 6 hours in advance.
Controlling agency. FAA, Miami ARTCC.
Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.
* * * * *
R-2901N Avon Park, FL [New]
Boundaries. Beginning at lat. 27[deg]32'33'' N., long.
81[deg]21'39'' W.; to lat. 27[deg]32'37'' N., long. 81[deg]16'46''
W.; to lat. 27[deg]29'01'' N., long. 81[deg]13'29'' W.; to lat.
27[deg]32'31'' N., long. 81[deg]07'29'' W.; to lat. 27[deg]29'31''
N., long. 81[deg]05'29'' W.; to lat. 27[deg]21'01'' N., long.
80[deg]59'59'' W.; to lat. 27[deg]16'46'' N., long. 81[deg]05'59''
W.; to lat. 27[deg]24'46'' N., long. 81[deg]10'59'' W.; to lat.
27[deg]30'46'' N., long. 81[deg]17'49'' W.; to the point of
beginning.
Designated altitudes. 5,000 feet MSL to but not including 14,000
feet MSL north of a line from lat. 27[deg]24'46'' N., long.
81[deg]10'59'' W.; to lat. 27[deg]29'31'' N., long. 81[deg]05'29''
W.; 4,000 feet MSL to but not including 14,000 feet MSL south of
that line.
Time of designation. Intermittent, 0600-2400, Monday-Friday;
0800-1800, Saturday-Sunday; other times by NOTAM 6 hours in advance.
Controlling agency. FAA, Miami ARTCC.
Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.
Issued in Washington, DC, on May 18, 2010.
Edith V. Parish,
Manager, Airspace & Rules Group.
[FR Doc. 2010-12409 Filed 5-21-10; 8:45 am]
BILLING CODE 4910-13-P
