Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Rules and Regulations 17379 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2014–0370; Airspace 

Docket No. 14–ASO–2] 

RIN 2120–AA66 

Redesignation and Expansion of 

Restricted Area R–4403; Gainesville, 

MS 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action removes restricted 

area R–4403 Gainesville, MS, and 

replaces it with an expanded area 

redesignated as R–4403A, B, C, E and F, 

Stennis Space Center (SSC), MS (the 

designation R–4403D is not used). The 

expanded restricted airspace is 

necessary to support essential National 

Aeronautics and Space Administration 

(NASA) testing and Naval Special 

Warfare Command (NSWC) training 

requirements. 

DATES: Effective date 0901 UTC, May 26, 

2016. 

FOR FURTHER INFORMATION CONTACT: Paul 

Gallant, Airspace Policy Group, Office 

of Airspace Services, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

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 restructures 

the restricted airspace at the Stennis 

Space Center, MS, to enhance aviation 

safety and accommodate essential 

testing and training by NASA and the 

NSWC. 

History 

On July 10, 2014, the FAA published 

in the Federal Register a notice 

proposing to re-designate and expand 

restricted area R–4403, Gainesville, MS, 

to support missions of the National 

Aeronautics and Space Administration 

(NASA) and the Naval Special Warfare 

Command (NSWC) (79 FR 39344). 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal. Eight comments were 

received. 

On August 17, 2015, the FAA 

published a Supplemental Notice of 

Proposed Rulemaking (SNPRM) (80 FR 

49181) to solicit comments on changes 

to the originally proposed boundaries, 

time of designation and proposed 

restricted area activities. Three 

comments were received in response to 

the SNPRM. 

Discussion of Comments 

In response to the NPRM and SNPRM, 

a combined total of 11 comments were 

received (including one duplicate 

submission). Comments were submitted 

by four individuals and the Aircraft 

Owners and Pilots Association (AOPA), 

Partners for Stennis, Hancock County 

Board of Supervisors, Hancock County 

Port and Harbor Commission, and the 

Mississippi Airports Association. Two 

individuals expressed support for the 

proposal. The remaining commenters 

expressed objections or concerns that 

are discussed in this section. 

Several commenters objected to size 

of the expanded area stating that all 

other options, including the use of other 

existing special use airspace (SUA) 

elsewhere, should be explored first. One 

commenter wrote that the entire area 

should not be designated as restricted 

airspace. Instead, the bulk of the area 

should be a military operations area 

(MOA). 

The R–4403 complex is being 

expanded because the current airspace 

cannot fully contain the lateral and 

vertical hazards associated with rocket 

engine testing. Plus, it cannot 

accommodate NASA’s testing of 

untethered autonomous space vehicles. 

Further, the Navy’s existing Western 

Maneuver Area (WMA) has no restricted 

airspace to permit air-to-ground live-fire 

training for Special Operations Force 

(SOF) units. The dimensions of the 

expanded restricted airspace were 

calculated to contain the hazard zones 

for all NASA tests and NSWC training 

events. The dimensions of R–4403A 

cannot be reduced due to the rocket 

engine testing hazard area. R–4403B 

provides airspace to contain untethered 

autonomous vehicle testing and is 

designed to ensure containment of 

untethered vehicle flight profiles. R– 

4403C is required to contain air-toground firing of various weapons and 

lasers at ground targets within R–4403C. 

R–4403E is required to contain air-toground laser firing at ground targets 

within R–4403E. R–4403F is sized to 

contain the AC–130 gunship orbit while 

firing lasers at the target in R–4403E. 

The expansion represents the minimum 

restricted airspace needed to segregate 

these hazards from nonparticipating 

aircraft. 

Regarding the comment that other 

existing SUA should be used instead of 

expanding R–4403, there is no other 

special use airspace available to relocate 

the testing and training missions. It 

would be economically unfeasible to 

move the large infrastructure and engine 

testing facilities in place at SSC (test 

stands, etc.). Further, the SSC 

Acoustical Buffer Zone makes SSC the 

last place in the country where NASA 

can test large engines and whole rocket 

stages. For the Navy, R–4403C through 

F overlie a combination of riverine, 

jungle and coastal features that support 

SOF training requirements. These 

subareas contain double and triple 

canopy jungles similar to environments 

in other parts of the world where SOF 

units could be deployed. Plus, the area 

contains seven miles of river to support 

coastal and riverine operations training. 

These features form a unique area that 

cannot be duplicated anywhere else in 

the United States where the Navy owns 

land. 

The FAA determined that a MOA is 

not the appropriate type of SUA to use 

in this case. MOAs are established to 

contain nonhazardous military flight 

training activities. Examples include, 

but are not limited to, aerobatics, air 

combat maneuvers, low altitude tactics, 

air intercepts, etc. No firing of weapons 

or ordnance is permitted in a MOA. 

One commenter wrote that the 

different times of designation for R– 

4403A and B versus those for R–4403C 

through F are confusing. Also, the 

provision allowing activation of R– 

4403C through F at ‘‘other times by 

NOTAM with ATC approval’’ would 

permit operations to be conducted at 

any time (with minimal notice) thus 

hindering the ability of pilots to 

effectively plan flights and leading 

transient pilots to select other airfields. 

The time periods for R–4403A and B 

are based on NASA testing requirements 

which are primarily accomplished 

during daylight hours. The times for R– 

4403C through F reflect NSWC training 

requirements which are primarily 

accomplished during nighttime hours. 

In response to the comment, the 

proposed provision to activate R–4403C 

through F at ‘‘other times by NOTAM 

with ATC approval’’ is removed. 

Therefore, any activations of the R–4403 

complex (R–4403A through F) will 

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17380 Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Rules and Regulations 

require that a NOTAM be issued at least 

24 hours in advance. There is no 

allowance for activating the areas 

outside the specific times listed in the 

restricted area descriptions (see the 

‘‘Adoption of the Amendment’’ section, 

below). The 24-hour NOTAM 

requirement will provide pilots with 

advance information needed for flight 

planning purposes. In addition, the 

restricted area using agencies have 

agreed to publish a VHF frequency on 

the New Orleans Sectional Aeronautical 

Chart so that pilots can call to determine 

the real-time status of the airspace. 

One commenter responding to the 

NPRM wrote that the VPRAM VFR 

waypoint, located at the intersection of 

Interstate I–10 and U.S. Highway 90, is 

too close to the restricted areas for pilots 

to safely use I–10 as a visual reference. 

The commenter believes that it could 

actually increase the chance of pilots 

mistakenly intruding into restricted 

airspace or force them to fly farther 

south and potentially out of visual range 

of the interstate. In response to this 

comment, the FAA proposed in the 

SNPRM to move the southern boundary 

slightly northward in an effort to remain 

clear of I–10. However, a commenter 

responding to the SNPRM said that the 

revised line was still too close for pilots 

to safely navigate using VPRAM and I– 

10 as a reference. The commenter 

recommended that the southern 

boundary be moved still further north to 

be at least one nautical mile (NM) from 

I–10 in all places. 

NASA and NSWC considered moving 

the boundary further north but 

determined it could not be done without 

infringing on the required safety buffers 

in R–4403A, B and C. The FAA agrees 

that VPRAM is too close to the new 

restricted areas and therefore is 

cancelling that waypoint. In its place, 

the FAA is establishing two new Visual 

Flight Rules (VFR) waypoints south of 

I–10 to assist pilots transitioning east 

and west in that area. The new VFR 

waypoints are VPASD located at 

30°15′45′′ N., 89°41′18′′ W.; and VPHSA 

located at 30°18′54′′ N., 89°28′51′′ W. It 

should be noted that when inflight 

visibility permits, pilots remaining 

south of I–10 while flying east or 

westbound can be assured that they will 

be clear of the southern boundaries of 

R–4403A, B and C. 

One commenter objected to R–4403A 

because it increases the land-based 

testing area. The commenter also 

objected to untethered space vehicle 

testing to the extent that it would 

exceed 6,000 feet MSL. 

R–4403A is a 2.5 NM radius circle 

from the surface up to 12,000 feet MSL. 

It will be used approximately 40 times 

per year to test rocket engines on fixedin-place test stands. Due to its small 

footprint, only a minor lateral flight 

deviation would be required to 

circumnavigate the area. Untethered 

space vehicle testing will only occur in 

R–4403B, which has a ceiling of 6,000 

feet MSL. 

A commenter said that the proposed 

live-fire operations in R–4403E and F 

pose a risk for planes travelling to 

Stennis International Airport. Further, 

the area of proposed firing encompasses 

an area through which Mississippi 

Highway 43 extends and is only a short 

distance from a Hancock County 

elementary school. 

Highway 43 and the school are 

located in the vicinity of R–4403E and 

F. The original proposal included a plan 

to expend ordnance and fire lasers into 

R–4403E. During the range design 

process, the Navy determined that the 

required weapons danger zones could 

not be fully contained within Federallyowned property. Therefore, the target 

area was reduced to an air-to-ground 

laser-only target, and there will be no 

air-to-ground ordnance delivery into R– 

4403E. Instead, only laser firing by AC– 

130s at the ground target on Navyowned land will be conducted. Highway 

43 and the school are clear of any risk. 

Restricted areas are established to 

segregate hazardous activities from 

nonparticipating aircraft. By avoiding 

the restricted areas, aircraft operating to 

or from Stennis International Airport 

would not be exposed to hazards. 

Concern was expressed about the 

proposal for ground forces to use eyesafe lasers for signaling military aircraft 

operating overhead. 

The Navy re-evaluated this 

requirement and determined it is not 

necessary. There will be no ground-toair laser use at SSC. 

Several commenters raised concerns 

about the safety of residents and 

visitors, the firing of weapons over land 

that remains in legal title with 

individual landowners and restrictions 

on public access to, and the use of, the 

property. 

Both NASA and the Navy have 

stringent policies and procedures to 

ensure that hazardous activities are 

contained within restricted airspace. A 

number of measures are in place to 

ensure public safety. All Stennis 

facilities are contained within a 13,800- 

acre area owned by the Federal 

government known as the ‘‘Stennis Fee 

Area.’’ This area is gated and patrolled 

24-hours by a security force to deny 

unauthorized access. The Fee Area is 

surrounded by a 125,000-acre acoustical 

buffer zone that was established in 1962 

to reduce the harmful effects of very 

loud sound waves and sonic vibration 

produced by rocket engine tests. The 

buffer zone grants to the United States 

government a perpetual restrictive 

easement for restricting certain uses in, 

on, across and over the land in the 

buffer zone. The easement encumbers 

every buffer zone property owner by 

prohibiting human habitation or human 

occupancy of dwellings or other 

buildings. The easement gives the 

government the right to prohibit the 

construction of dwellings and other 

buildings for human habitation or 

occupancy, together with the right to 

post signs indicating the nature and 

extent of the Government’s control and 

the right of ingress and egress over and 

across the affected lands. 

The restricted area expansion was 

specifically designed and sized to 

contain hazards from NASA and NSWC 

activities within the ground features of 

Stennis Space Center and the associated 

acoustical buffer zone. While individual 

land owners make up much of the 

Stennis Buffer Zone, all impact areas 

and weapons danger zones will be on 

property that is owned by the Navy. The 

restricted areas that go to the surface are 

totally contained within the SSC Buffer 

Zone. 

The easement does permit other uses 

when those activities do not interfere 

with, or reduce the rights of, the 

government. Access to private property 

in the buffer zone is allowed with prior 

coordination with SSC. In cases where 

property owners require aerial access to 

parcels encumbered by this restricted 

airspace, aerial access may be arranged 

through coordination with the NASA/ 

SSC Range Safety Manager via the 

Stennis Flight Request System at 

(https://airrange.ssc.nasa.gov/ 

FlightRequest.asp). 

Regarding concerns about the safety of 

persons with respect to the firing of 

weapons in the restricted areas, realtime operational control over the 

underlying land is most critical where 

live-fire operations are conducted. The 

impact areas in the Navy-owned WMA 

are fenced for denial of public access 

with signs posted along the fence line 

warning of the hazardous range 

activities. The Navy cannot fire onto 

lands they do not own. 

Conversely, public access to Pearl 

River, Mike’s River and McCarty Bayou 

is not restricted but, prior to any livefire operations, range guards in boats 

will clear all waterways encumbered by 

surface danger zones. Picket boats are 

then posted at the north and south ends 

of the Pearl River to guard against 

unauthorized public access to live-fire 

areas. These safety measures are in use 

today during ground-based training 

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Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Rules and Regulations 17381 

operations in the WMA, and they will 

also be used for future activities within 

the restricted airspace. For an added 

layer of safety when AC–130 gunships 

are operating, their crews, as a matter of 

procedure, inspect target and impact 

areas both visually and with on-board 

sensors to ensure no unauthorized 

personnel are in the area. 

A commenter asked why the ‘‘airport 

operating area’’ around Picayune 

Municipal Airport was reduced from 5 

NM to 3 NM. 

There is no designated ‘‘airport 

operating area’’ airspace at Picayune 

Municipal. The airspace in the 

immediate vicinity (6.5 NM radius) of 

Picayune is uncontrolled airspace (Class 

G) below 700 feet AGL. FAA policy 

requires that restricted areas must 

exclude the airspace at and below 1,500 

feet above ground level (AGL) within a 

3 NM radius of airports that are 

available for public use. That is the 

reason for the 3–NM exclusion applied 

at Picayune Municipal. Because 

Picayune does not have an airport traffic 

control tower (ATCT), there is no Class 

D airspace (that would extend upward 

from the surface) designated at that 

airport. Thus, the 3–NM exclusion was 

applied. By comparison, at Stennis 

International Airport, which has an 

operating ATCT, Class D airspace has 

been designated within a 4.2-NM radius 

of the airport from the surface up to 

2,500 feet MSL. The boundaries of R– 

4403B, C, and E are aligned along the 

boundary of the Stennis Class D 

airspace area so as to avoid infringing 

upon the airport’s Class D airspace. 

A commenter requested that any 

airspace changes should take place only 

in concert with the publication of VFR 

and IFR aeronautical charts so that all 

pilots are aware of the changes. Further, 

the instrument approach procedure 

plates for Picayune Municipal Airport 

should be revised to show the restricted 

areas to warn pilots of their location. 

The restricted area expansion 

becomes effective on May 26, 2016, 

which coincides with both the next 

edition of the New Orleans Sectional 

Aeronautical Chart and the IFR chart 

cycle. The applicable instrument 

approach procedure plates will also be 

revised to depict the new restricted 

areas. 

Most commenters are concerned 

about the potential impact of the 

restricted areas on IFR and VFR aircraft 

transiting the area and on the published 

instrument approach procedures serving 

Picayune Municipal (KMJD) and Stennis 

International (KHSA) airports. There is 

also concern that pilots would simply 

avoid using those airports. 

The FAA acknowledges that, 

depending on actual utilization of the 

restricted areas, there may be times 

when instrument procedures and/or 

transiting flights would be impacted 

requiring additional vectoring by air 

traffic control (ATC) or causing pilots to 

deviate in order to avoid the restricted 

airspace. A number of mitigations such 

as the planned intermittent use of the 

complex, the ability of ATC to recall 

airspace, adjustment to instrument 

procedures, etc., are intended to lessen 

the overall impact of the restricted 

areas. 

Regarding the instrument procedures 

for Picayune Municipal Airport (KMJD), 

the RNAV (GPS) RWY 36 approach 

would be impacted since its protected 

airspace penetrates areas A, B, C and E. 

When only R–4403A is in use, and radar 

is available, ATC may be able to vector 

aircraft so as to clear the R–4403A 

boundary. Because R–4403A does not 

contain any aviation activity, ATC can 

vector aircraft to miss the boundary 

rather than apply 3–NM lateral 

separation that would be required if the 

area contained flight activity. In a nonradar environment, however, the 

approach would be unavailable. The use 

of R–4403A is expected to be infrequent 

(approximately 40 days per year) 

minimizing potential impacts. When R– 

4403B, C or E are in use, Picayune’s 

runway 36 approach would be 

unavailable unless ATC can recall the 

airspace or temporarily assign military 

aircraft to maintain an altitude that 

would provide separation from the IFR 

arrivals or departures. The current 

runway 36 missed approach procedure 

is being revised so that aircraft will 

climb straight ahead to the CIQYI 

waypoint and hold, instead of 

proceeding eastward to the CAESA fix, 

which would further penetrate 

restricted airspace. 

The missed approach procedure for 

the RNAV (GPS) RWY 18 approach at 

Picayune penetrates R–4403B, C and E. 

The missed approach procedure is being 

redesigned so that instead of taking 

aircraft east of the airport and into 

restricted airspace, aircraft will execute 

a climbing right turn, away from the 

restricted areas, direct to the CIQYI 

initial approach fix and hold. 

Minor modifications are being made 

to the VOR–A approach. The inbound 

course is being changed by three degrees 

from 132° to 129°, and the missed 

approach point changed to 5.23 NM 

from the final approach fix instead of 

5.7 NM from the fix. 

Regarding Stennis International 

Airport’s (KHSA) instrument 

procedures, a commenter asked FAA to 

ensure that R–4403F does not interfere 

with the instrument approaches to 

runway 18 at Stennis International 

Airport. 

The floor of R–4403F was set at 4,000 

feet MSL to provide room for runway 18 

approaches underneath R–4403F. 

A concern was raised about medevac 

helicopter flights to the Ochsner 

Medical Center Heliport (LS51) in 

Slidell, LA. 

The proximity of the heliport to the 

boundary of R–4403B and C could affect 

IFR flight to and from the facility when 

those areas are active. Provisions for 

ATC to recall a portion of the airspace 

to accommodate emergency medevac 

flights are included in the Letter of 

Procedure (LOP). When R–4403A is 

active, as discussed above, it is only 

necessary for flights to miss the 

boundary. The small size (2.5-NM 

radius) would require a minor lateral 

flight deviation to circumnavigate the 

area. 

There would be some impact on the 

use of a feeder route from the Picayune 

(PCU) VOR/DME to the DUFOS initial 

approach fix (IAF) for the RNAV (GPS) 

RWY 36 approach at Slidell Airport 

(KASD), LA. The flight path will come 

very close to the boundary of R–4403B 

and C and the protected airspace for that 

route penetrates the restricted areas. 

A note will be added to the approach 

plate to indicate the feeder route is ‘‘Not 

Authorized’’ when R–4403B or C is 

active. 

Need for Restricted Airspace 

As noted above, R–4403 is too small 

to fully contain hazards from rocket 

engine tests and other NASA test 

requirements. Expanded restricted 

airspace is needed to test current and 

future space transportation systems so 

that NASA can meet its obligations 

under the National Space Policy. 

Additionally, the current restricted area 

cannot accommodate essential NSWC 

training scenarios. Today, the Navy uses 

the existing WMA to train land and 

riverine SOF elements. However, this 

training is limited by the lack of 

restricted airspace needed to train under 

air-to-ground live-fire conditions. This 

severely restricts the Navy’s ability to 

conduct realistic, full- mission profile 

training to prepare SOF units for 

deployments world-wide. The lack of an 

air-to-ground, live-fire capability means 

that air and ground units are forced to 

simulate the coordination and 

integration of air-to-ground live-fire 

operations limiting this phase of 

training to basically a communicationsonly exercise. Because operations with 

live air-to-ground weapons employment 

cannot be practiced in advance, the SOF 

units are unable to identify and correct 

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any potential conflicts or coordination 

problems that could otherwise arise for 

the first time during actual missions 

while deployed. This training limitation 

places the mission, personnel and 

equipment at risk. The designation of R– 

4403C, E and F alleviates that training 

shortfall. 

Projected Use of Restricted Areas 

Use of R–4403A through F will be 

governed by the terms in a LOP between 

NASA/SSC, NSWC, Houston Air Route 

Traffic Control Center (ARTCC) and the 

ATC facilities at New Orleans, LA, and 

Gulfport, MS. The LOP will include 

procedures for activating and 

deactivating the restricted areas, and it 

includes several provisions aimed at 

lessening potential aeronautical impacts 

of the restricted areas. 

The LOP provides that R–4403B 

through F cannot be scheduled during 

certain special events that would attract 

a high volume of air traffic to or through 

the local area. Examples include, but are 

not limited to, the Sugar Bowl, Mardi 

Gras, Super Bowl, Final Four, large 

conventions, etc. 

The LOP further provides that ATC 

can recall the airspace (except R–4403A) 

for severe weather, severe traffic 

congestion, inflight emergencies or 

equipment outages (radar and 

communications). Additionally, when 

bad weather is forecast and ATC sees a 

requirement for all of R–4403, then ATC 

has the ability to disapprove the next 

day’s schedule for a complete weather 

recall of the airspace, if needed. One 

exception is that R–4403A cannot be 

recalled once the rocket engine fueling 

process has begun. 

The LOP also enables ATC, under 

certain conditions, to accommodate 

access to affected airports (such as 

Picayune Municipal) by temporarily 

restricting the military aircraft operating 

in the restricted area at a higher altitude 

so that IFR traffic can arrive or depart 

the airport underneath. Once the traffic 

is clear, the restricted airspace is 

returned to the users. 

The expected overall use of the R– 

4403 restricted area complex will be 

approximately 160 days per year, on an 

intermittent basis, depending on NASA 

test requirements and Navy mission 

taskings. Planned use of each subarea is 

described below. 

R–4403A is for the exclusive use by 

NASA for testing rocket engine 

technology on fixed-in-place engine test 

stands. Anticipated need for this testing 

is approximately 20 to 40 times per 

year. NASA will activate R–4403A an 

average of 7 hours for each engine test 

event. If technical difficulties or other 

conditions require, R–4403A may need 

to be activated for up to 12 hours. Once 

loading of the propellant and oxidizer 

tanks begins, a potential hazard exists 

due to the volatility of those products; 

hence, the operation cannot be halted. 

For this reason, R–4403A cannot be 

recalled by ATC once the fueling begins. 

Note: No other subarea can be activated 

while R–4403A is in use. 

R–4403B is for the exclusive use by 

NASA for Untethered Autonomous 

Flight Vehicle testing (such as the 

Morpheus Lander). Testing of these 

vehicles involves hazards because 

failure of the vehicle, its propulsion 

system, or propellant tanks can result in 

explosion of the vehicle. The propensity 

for this to occur is greater with these 

vehicles than with a standard aircraft 

because of the extremely volatile nature 

of the propellants and the poor 

aerodynamic characteristics of the 

vehicle during earth-based operation. 

The anticipated need for this type of 

testing is approximately 3 times per 

year. Actual flight during these test 

events would be less than 8 minutes; 

however, due to the complexity of the 

event, each test will require activation 

of R–4403B for 7 to 12 hours. NASA 

will only activate R–4403B to the 

altitude necessary for the specific 

activity being conducted. Note: No other 

subarea can be activated while R–4403B 

is in use. 

R–4403C is used for Navy SOF 

Integration Training. It has the same 

lateral boundaries as R–4403B. The 

purpose of R–4403C is to support predeployment training of SOF units with 

air-to-ground, live-fire of munitions and 

lasers. Total usage of R–4403C is 

anticipated to be 100 to 120 days per 

year in approximately 3-hour blocks. R– 

4403C extends from the surface up to 

10,000 feet MSL. However, when AC– 

130s are not participating in a training 

event, R–4403C will only be scheduled 

up to 6,000 feet MSL. This will lessen 

potential impacts of the restricted area 

on nonparticipating aircraft. Depending 

on the mission, R–4403C can and will 

be used by itself, but approximately 20 

days per year, it will be used in 

conjunction with R–4403E and F. 

R–4403E and F are also used for SOF 

training. Their purpose is to contain 

AC–130 gunships firing non-eye-safe 

lasers aimed at a ground target in R– 

4403E. They will always be activated 

together for that purpose. The AC–130 

will fly in a circular orbit at a 2 to 2.5– 

NM radius from the target, at an altitude 

ranging from 8,000 feet to 10,000 feet 

MSL. R–4403E and F can be activated 

independently of R–4403C, but typically 

they would be used in conjunction with 

R–4403C. Total usage of R–4403E and F 

is anticipated to be 20 days per year in 

approximately 3-hour blocks concurrent 

with R–4403C. 

R–4403C, E and F will also be used 

during the annual Emerald Warrior SOF 

training exercise. This exercise lasts no 

more than 10 days. 

Note: The term ‘‘intermittent’’ as used 

in the times of designation for the R– 

4403 complex indicates occasional, 

irregular, or changeable use periods 

within the stated times. 

Summary of Mitigations 

This section presents a summary of 

mitigations intended to lessen the 

potential impact of the restricted area 

expansion. 

—The restricted areas will be used 

intermittently. Overall use of the 

complex is limited to approximately 

160 days per year per the Letter of 

Procedure. 

—The original proposal allowing 

activation of R–4403C, E and F at 

‘‘other times by NOTAM with ATC 

approval’’ was eliminated. 

—No other subarea can be activated 

while R–4403A is in use. 

—No other subarea can be activated 

when R–4403B is in use. 

—NASA will activate R–4403B only to 

the altitude required for the specific 

mission. 

—R–4403C will only be activated to 

6,000 feet MSL when AC–130 

gunships are not participating in a 

mission. 

—Two new VFR waypoints are being 

established south of I–10 to aid VFR 

navigation. 

—A VHF frequency will be added to the 

New Orleans Sectional Aeronautical 

chart for pilots to obtain real-time 

status of the restricted areas. 

—R–4403B through F cannot be 

activated during certain special events 

that would attract a high volume of air 

traffic to or through the area. 

—ATC can recall the airspace in cases 

of inflight emergencies, severe 

weather, severe air traffic congestion 

or equipment outages (radar and 

communications). 

—ATC can recall the airspace, if 

necessary, for medevac helicopters. 

—ATC can recall or restrict users to 

higher altitudes to allow IFR 

operations at Picayune Municipal 

Airport. 

—Revisions to instrument approach 

procedures serving Picayune 

Municipal Airport and Stennis 

International Airport. 

The Rule 

The FAA is amending 14 CFR part 73 

by removing restricted area R–4403, 

Gainesville, MS, and replacing it with 

expanded restricted airspace consisting 

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Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Rules and Regulations 17383 

of five subareas, designated R–4403A, 

R–4403B, R–4403C, R–4403E and R– 

4403F. (Note: the designation R–4403D 

is not used). 

The FAA is taking this action because 

the existing airspace is too small to fully 

contain NASA test activities and NSWC 

pre-deployment training for Special 

Operations Forces. 

R–4403A and B will be used solely by 

NASA for rocket engine testing and 

untethered space vehicle propulsion 

system testing. The NSWC will use R– 

4403C, E and F for pre-deployment 

integration training for Special 

Operations Forces. The restricted area 

subareas are described below. 

R–4403A contains testing of rocket 

engine technologies on Stennis Space 

Center’s engine test stands. It consists of 

the airspace within a 2.5–NM radius of 

lat. 30°21′51′′ N., long. 89°35′39′′ W., 

(centered on the rocket engine test 

complex) and extends from the ground 

up to 12,000 feet MSL. This testing does 

not entail any flight activity as the 

operation takes place on fixed-in-place 

stands. No other subareas may be 

activated while R–4403A is in use. 

R–4403B is used by NASA for testing 

of untethered autonomous space 

vehicles that are used to explore planets 

and asteroids. R–4403B extends from 

the ground up to 6,000 feet MSL. No 

other subareas may be activated while 

R–4403B is in use. 

R–4403C contains the Navy’s existing 

Western Maneuver Area (WMA) which 

is used for pre-deployment training for 

Special Operations Forces. R–4403C 

extends from the ground up to 10,000 

feet MSL. Hazardous activities in R– 

4403C will consist of air-to-ground livefire training for AC–130 gunships, 

armed helicopters and tilt-rotor (CV–22) 

aircraft and surface-to-surface weapons 

firing by ground forces. R–4403C 

contains two impact areas (targets) for 

air-to-ground munitions employment 

(up to 105mm), and air-to-ground noneye-safe laser firing. R–4403C will be 

activated to 10,000 feet MSL when AC– 

130 gunships are operating. If AC–130s 

are not operating, R–4403C will only be 

activated up to 6,000 feet MSL (the 

remaining airspace is available to other 

users). Originally, the Navy intended to 

also employ eye-safe lasers for signaling 

military aircraft operating overhead, but 

this activity has been eliminated. 

R–4403D. This designation is not 

used. 

R–4403E contains a ground target for 

the firing of non-eye safe lasers by AC– 

130 gunships. R–4403E extends from 

the ground up to 10,000 feet MSL. The 

original proposals to also use this area 

for air-to-ground munitions delivery and 

for the use of eye-safe ground-to-air 

lasers to signal military aircraft 

operating overhead are eliminated. 

R–4403F wraps around the northeast 

corner of R–4403E and extends upward 

from 4,000 feet MSL to 10,000 feet MSL. 

Its purpose is to ensure containment of 

the AC–130 orbit, which is a 2.5 NM 

radius around the laser ground target in 

R–4403E. R–4403E could be activated 

by itself, but R–4403E and F will always 

be activated together for AC–130 laser 

firing. The two areas can be activated 

separately from R–4403C, but typically 

they will be used in conjunction with 

R–4403C. 

The time of designation for NASA’s 

R–4403A and R–4403B is ‘‘Intermittent, 

1000 to 0300 local time, as activated by 

NOTAM at least 24 hours in advance.’’ 

The time of designation for NSWC’s R– 

4403C, R–4403E and R–4403F is 

‘‘Intermittent, 2000 to 0500 local time, 

as activated by NOTAM at least 24 

hours in advance; and 1800 to 2000 

local time, November 1 to March 1, as 

activated by NOTAM at least 24 hours 

in advance (not to exceed 20 days per 

year).’’ To clarify, the 1800 to 2000 time 

frame can only be used between 

November 1 and March 1 and only for 

a maximum 20 days per year during that 

period. In the original proposal, R– 

4403C, E and F included an additional 

provision allowing the airspace also to 

be activated at any other times by 

NOTAM with ATC approval. That 

provision has been eliminated. 

During times when the above 

restricted areas are not needed by the 

using agencies, the airspace will be 

returned to the FAA controlling agency, 

Houston Air Route Traffic Control 

Center (ARTCC), and will be available 

for access by other airspace users. 

Regulatory Notices and Analyses 

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. It, therefore: (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 only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has conducted an 

environmental review for this 

rulemaking in accordance with FAA 

Order 1050.1F, Environmental Impacts: 

Policies and Procedures, and the 

regulations of the Council on 

Environmental Quality implementing 

the National Environmental Policy Act, 

40 CFR parts 1500–1508. This review 

has included independent evaluation 

and adoption of the NSWC’s and 

NASA’s Final Environmental 

Assessment for the Redesignation and 

Expansion of Restricted Airspace R– 

4403 to Support Military Air-to-Ground 

Munitions Training and National 

Aeronautics and Space Administration 

Rocket Engine Testing at Stennis Space 

Center dated October 2015 (hereinafter 

‘‘the FEA’’), on which the FAA was a 

cooperating agency, as well as 

environmental analysis of the changes 

to approach procedures at Picayune 

Municipal Airport and Stennis 

International Airport described in the 

Summary of Mitigations above. Based 

on its environmental review, the FAA 

has determined that this rule will not 

significantly affect the human 

environment. The FAA’s ROD and 

environmental review are included in 

the docket for this rulemaking. The FEA 

is available at http://www.ssc.nasa.gov/ 

environmental/docforms/eas/eas.html. 

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(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 73.44 [Amended] 

■ 2. Section 73.44 is amended as 

follows: 

R–4403 Gainesville, MS [Removed] 

R–4403A Stennis Space Center, MS [New] 

Boundaries. That airspace within a 2.5–NM 

radius centered at lat. 30°21′51′′ N., long. 

89°35′39′′ W. 

Designated altitudes. Surface to 12,000 feet 

MSL. 

Time of designation. Intermittent, 1000 to 

0300 local time, as activated by NOTAM at 

least 24 hours in advance. 

Controlling agency. FAA, Houston ARTCC. 

Using agency. NASA, Director, Stennis 

Space Center, Bay St. Louis, MS. 

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17384 Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Rules and Regulations 

R–4403B Stennis Space Center, MS [New] 

Boundaries. Beginning at lat. 30°29′37′′ N., 

long. 89°35′16′′ W.; to lat. 30°29′37′′ N., long. 

89°32′33′′ W.; thence clockwise along a 0.85– 

NM arc centered at lat. 30°28′46′′ N., long. 

89°32′33′′ W.; to lat. 30°28′46′′ N., long. 

89°31′34′′ W.; to lat. 30°26′25′′ N., long. 

89°31′34′′ W.; to lat. 30°24′02′′ N., long. 

89°31′34′′ W.; thence counterclockwise along 

a 4.2–NM arc centered at lat. 30°22′04′′ N., 

long. 89°27′17′′ W.; to lat. 30°20′28′′ N., long. 

89°31′46′′ W.; to lat. 30°19′19′′ N., long. 

89°35′32′′ W.; to lat. 30°18′23′′ N., long. 

89°40′17′′ W.; to lat. 30°21′08′′ N., long. 

89°42′25′′ W.; to lat. 30°22′22′′ N., long. 

89°42′58′′ W.; to lat. 30°23′44′′ N., long. 

89°42′43′′ W.; to lat. 30°26′40′′ N., long. 

89°40′51′′ W.; thence counterclockwise along 

a 3–NM arc centered at lat. 30°29′15′′ N., 

long. 89°39′04′′ W.; to lat. 30°27′08′′ N., long. 

89°36′37′′ W.; to lat. 30°27′58′′ N., long. 

89°35′27′′ W.; to lat. 30°28′47′′ N., long. 

89°35′27′′ W.; to the point of beginning. 

Designated altitudes. Surface to 6,000 feet 

MSL. 

Time of designation. Intermittent, 1000 to 

0300 local time, as activated by NOTAM at 

least 24 hours in advance. 

Controlling agency. FAA, Houston ARTCC. 

Using agency. NASA, Director, Stennis 

Space Center, Bay St. Louis, MS. 

R–4403C Stennis Space Center, MS [New] 

Boundaries. Beginning at lat. 30°27′58′′ N., 

long. 89°35′27′′ W.; to lat. 30°22′35′′ N., long. 

89°35′27′′ W.; to lat. 30°22′35′′ N., long. 

89°32′06′′ W.; thence counterclockwise along 

a 4.2–NM arc centered at lat. 30°22′04′′ N., 

long. 89°27′17′′ W.; to lat. 30°20′28′′ N., long. 

89°31′46′′ W.; to lat. 30°19′19′′ N., long. 

89°35′32′′ W.; to lat. 30°18′23′′ N., long. 

89°40′17′′ W.; to lat. 30°21′08′′ N., long. 

89°42′25′′ W.; to lat. 30°22′22′′ N., long. 

89°42′58′′ W.; to lat. 30°23′44′′ N., long. 

89°42′43′′ W.; to lat. 30°26′40′′ N., long. 

89°40′51′′ W.; thence counterclockwise along 

a 3–NM arc centered at lat. 30°29′15′′ N., 

long. 89°39′04′′ W.; to lat. 30°27′08′′ N., long. 

89°36′37′′ W.; to the point of beginning. 

Designated altitudes. Surface to 10,000 feet 

MSL. 

Time of designation. Intermittent, 2000 to 

0500 local time, as activated by NOTAM at 

least 24 hours in advance; and 1800 to 2000 

local time, November 1 to March 1, as 

activated by NOTAM at least 24 hours in 

advance, not to exceed 20 days per year. 

Controlling agency. FAA, Houston ARTCC. 

Using agency. U.S. Navy, Commander, 

Naval Special Warfare Command, Naval 

Special Warfare N31 Branch, Stennis Space 

Center, Bay St. Louis, MS. 

R–4403E Stennis Space Center, MS [New] 

Boundaries. Beginning at lat. 30°29′37′′ N., 

long. 89°35′16′′ W.; to lat. 30°29′37′′ N., long. 

89°32′33′′ W.; thence clockwise along a 

0.85M arc centered at lat. 30°28′46′′ N., long. 

89°32′33′′ W.; to lat. 30°28′46′′ N., long. 

89°31′34′′ W.; to lat. 30°26′25′′ N., long. 

89°31′34′′ W.; to lat. 30°24′02′′ N., long. 

89°31′34′′ W.; thence counterclockwise along 

a 4.2–NM arc centered at lat. 30°22′04′′ N., 

long. 89°27′17′′ W.; to lat. 30°22′35′′ N., long. 

89°32′06′′ W.; to lat. 30°22′35′′ N., long. 

89°35′27′′ W.; to lat. 30°27′58′′ N., long. 

89°35′27′′ W,; to lat. 30°28′47′′ N., long. 

89°35′27′′ W.; to the point of beginning. 

Designated altitudes. Surface to 10,000 feet 

MSL. 

Time of designation. Intermittent, 2000 to 

0500 local time, as activated by NOTAM at 

least 24 hours in advance; and 1800 to 2000 

local time, November 1 to March 1, as 

activated by NOTAM at least 24 hours in 

advance, not to exceed 20 days per year. 

Controlling agency. FAA, Houston ARTCC. 

Using agency. U.S. Navy, Commander, 

Naval Special Warfare Command, Naval 

Special Warfare N31 Branch, Stennis Space 

Center, Bay St. Louis, MS. 

R–4403F Stennis Space Center, MS [New] 

Boundaries. Beginning at lat. 30°29′37′′ N., 

long. 89°35′16′′ W.; thence clockwise along a 

2.5–NM arc centered at lat. 30°28′46′′ N., 

long. 89°32′33′′ W.; to lat. 30°26′25′′ N., long. 

89°31′34′′ W.; to lat. 30°28′46′′ N., long. 

89°31′34′′ W.; thence counterclockwise along 

a 0.85–NM arc centered at lat. 30°28′46′′ N., 

long. 89°32′33′′ W.; to lat. 30°29′37′′ N., long. 

89°32′33′′ W.; to the point of beginning. 

Designated altitudes. 4,000 feet MSL to 

10,000 feet MSL. 

Time of designation. Intermittent, 2000 to 

0500 local time, as activated by NOTAM at 

least 24 hours in advance; and 1800 to 2000 

local time, November 1 to March 1, as 

activated by NOTAM at least 24 hours in 

advance, not to exceed 20 days per year. 

Controlling agency. FAA, Houston ARTCC. 

Using agency. U.S. Navy, Commander, 

Naval Special Warfare Command, Naval 

Special Warfare N31 Branch, Stennis Space 

Center, Bay St. Louis, MS. 

Issued in Washington, DC on March 23, 

2016. 

Leslie M. Swann, 

Acting Manager, Airspace Policy Group. 

[FR Doc. 2016–07055 Filed 3–28–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Office of Foreign Assets Control 

31 CFR Part 540 

Highly Enriched Uranium (HEU) 

Agreement Assets Control Regulations 

AGENCY: Office of Foreign Assets 

Control, Treasury 

ACTION: Final rule. 

SUMMARY: The Department of the 

Treasury’s Office of Foreign Assets 

Control (OFAC) is removing from the 

Code of Federal Regulations the Highly 

Enriched Uranium (HEU) Agreement 

Assets Control Regulations as a result of 

the termination of the national 

emergency on which the regulations 

were based. 

DATES: Effective: March 29, 2016. 

FOR FURTHER INFORMATION CONTACT: The 

Department of the Treasury’s Office of 

Foreign Assets Control: Assistant 

Director for Licensing, tel.: 202–622– 

2480, Assistant Director for Regulatory 

Affairs, tel.: 202/622–4855, Assistant 

Director for Sanctions Compliance & 

Evaluation, tel.: 202/622–2490, or the 

Department of the Treasury’s Office of 

the Chief Counsel (Foreign Assets 

Control), Office of the General Counsel, 

tel.: 202/622–2410. 

SUPPLEMENTARY INFORMATION: 

Electronic and Facsimile Availability 

This document and additional 

information concerning OFAC are 

available from OFAC’s Web site 

(www.treasury.gov/ofac). Certain general 

information pertaining to OFAC’s 

sanctions programs also is available via 

facsimile through a 24-hour fax-ondemand service, tel.: 202/622–0077. 

Background 

On June 21, 2000, the President 

signed Executive Order 13159, 

‘‘Blocking Property of the Government 

of the Russian Federation Relating to the 

Disposition of Highly Enriched Uranium 

Extracted from Nuclear Weapons’’ (E.O. 

13159), finding that the risk of nuclear 

proliferation created by the 

accumulation of a large volume of 

weapons-usable fissile material in the 

territory of the Russian Federation 

constituted an unusual and 

extraordinary threat to the national 

security and foreign policy of the United 

States, and declaring a national 

emergency to deal with that threat. In 

E.O. 13159, the President ordered 

blocked the property and interests in 

property of the Russian Federation 

directly related to the implementation of 

the Agreement Between the Government 

of the United States of America and the 

Government of the Russian Federation 

Concerning the Disposition of Highly 

Enriched Uranium Extracted from 

Nuclear Weapons, dated February 18, 

1993, and related contracts and 

agreements (collectively, the ‘‘HEU 

Agreements’’). 

On July 25, 2001, OFAC issued the 

Highly Enriched Uranium (HEU) 

Agreement Assets Control Regulations, 

31 CFR part 540 (the ‘‘Regulations’’), as 

a final rule to implement Executive 

Order 13159. 

On June 21, 2012, the national 

emergency declared in E.O. 13159 

automatically terminated pursuant to 

section 202(d) of the National 

Emergencies Act, 50 U.S.C. 1622(d) 

(NEA). 

On June 25, 2012, President Obama 

signed Executive Order 13617, 

‘‘Blocking Property of the Government 

of the Russian Federation Relating to the 

Disposition of Highly Enriched Uranium 

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