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[Federal Register Volume 77, Number 114 (Wednesday, June 13, 2012)]
[Proposed Rules]
[Pages 35308-35310]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14404]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2012-0561; Airspace Docket No. 12-AEA-7]

Proposed Amendment of Restricted Area R-6601; Fort A.P. Hill, VA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to expand the vertical limits and time of 
designation of restricted area R-6601, Fort A.P. Hill, VA. The U. S. 
Army requested this action to provide the additional airspace needed to 
conduct training in high-angle weapons systems employment.

DATES: Comments must be received on or before July 30, 2012.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue SE., 
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001; 
telephone: (202) 366-9826. You must identify FAA Docket No. FAA-2012-
0561 and Airspace Docket No. 12-AEA-7, at the beginning of your 
comments. You may also submit comments through the Internet at http://www.regulations.gov. Comments on environmental and land use aspects to 
should be directed to: Director of Environmental and Natural Resources 
Division, Attn: Ms. Terry Banks, U.S. Army Garrison, Fort A.P. Hill, VA 
22427; telephone: (804) 633-8223.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace, Regulations 
and ATC Procedures Group, Office of Airspace Services, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591; 
telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments as they 
may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No. 
FAA-2012-0561 and Airspace Docket No. 12-AEA-7) and be submitted in 
triplicate to the Docket Management System (see ADDRESSES section for 
address and phone number). You may also submit comments through the 
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments 
on this action must submit with those comments a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to FAA Docket No. FAA-2012-0561 and Airspace Docket No. 12-AEA-7.'' The 
postcard will be date/time stamped and returned to the commenter.
    Comments on environmental and land use aspects to should be 
directed to: Director of Environmental and Natural Resource Division, 
U.S. Army Garrison, Fort A.P. Hill, VA, 22427; telephone: 804-633-8223.
    All communications received on or before the specified closing date 
for comments will be considered before taking action on the proposed 
rule. The proposal contained in this action may be changed in light of 
comments received. All comments submitted will be available for 
examination in the public docket both before and after the closing date 
for comments. A report summarizing each substantive public contact with 
FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the 
Internet at http://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any 
comments received and any final disposition in

[[Page 35309]]

person at the Dockets Office (see ADDRESSES section for address and 
phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, 
except Federal holidays. An informal docket may also be examined during 
normal business hours at the office of the Operations Support Group, 
Eastern Service Center, Federal Aviation Administration, 1701 Columbia 
Ave., College Park, GA 30337.
    Persons interested in being placed on a mailing list for future 
NPRMs should contact the FAA's Office of Rulemaking, (202) 267-9677, 
for a copy of Advisory Circular No. 11-2A, Notice of Proposed 
Rulemaking Distribution System, which describes the application 
procedure.

Background

    Fort A.P. Hill has a continuing requirement to conduct training in 
the use of various high- angle weapons systems. This training cannot be 
contained within the current 5,000-foot MSL ceiling of restricted area 
R-6601. Currently, this training is conducted in a controlled firing 
area (CFA) situated above R-6601. However, the FAA determined that the 
activities no longer meet the criteria for a CFA. As a result, military 
units have had to cancel high-angle weapon system training. Recurring 
training in these events is necessary to maintain currency. This 
training is even more critical for units that are preparing to deploy 
into a theater of operations where the use of these tactics is 
required.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 73 to expand the 
vertical limits and the time of designation for restricted area R-6601, 
Fort A.P. Hill, VA. R-6601 currently extends from the ``surface to 
5,000 feet MSL,'' with a time of designation of ``0700 to 2300 local 
time daily; other times by NOTAM at least 48 hours in advance.''
    The proposed new restricted airspace would extend up to 9,000 feet 
MSL and would consist of three sub-areas designated R-6601A, R-6601B 
and R-6601C. R-6601A would extend from the surface to but not including 
4,500 feet MSL, instead of the current 5,000 feet MSL for R-6601. R-
6601B would extend from 4,500 feet MSL to but not including 7,500 feet 
MSL; and R-6601C would extend from 7,500 feet MSL to 9,000 feet MSL. 
Subdividing the airspace in this manner would allow activation of only 
that portion of restricted airspace required for training while leaving 
the remaining airspace available for other users. In addition, a Letter 
of Agreement would be concluded between the using and controlling 
agencies stipulating that the controlling agency can recall the 
airspace in the event of Severe Weather Avoidance Plan (SWAP) 
implementation, weather diverts and emergencies.
    R-6601A would have the same lateral boundaries as the original R-
6601. R-6601B and R-6601C would overlie the boundaries of R-6601A, 
except at the northeast end where the shared R-6601B and R-6601C 
boundary would be moved southwesterly approximately \3/4\ mile from R-
6601A's northeastern boundary. This would provide a buffer between R-
6601B and C and the centerline of VOR Federal airway V-386.
    The proposed time of designation for R-6601A would be changed from 
the current ``0700 to 2300 local time daily,'' to ``0700 to 0200 local 
time daily,'' an increase of three hours daily. In addition, the 
advance NOTAM requirement for activation of R-6601A at other times 
would be reduced from the current 48 hours to 24 hours. The time of 
designation for both R-6601B and R-6601C would be ``By NOTAM 24 hours 
in advance.''
    The FAA has determined that this proposed 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 proposed 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 
SubtitleVII, 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 would restructure the restricted airspace at Fort A.P. Hill, VA, 
to support essential military training activities.

Environmental Review

    This proposal will be subjected to an environmental analysis in 
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies 
and Procedures,'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited Areas, Restricted Areas.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 14 CFR part 73 as follows:

PART 73--SPECIAL USE AIRSPACE

    1. The authority citation for part 73 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  73.66  (Amended)

    2. Sec.  73.66 is amended as follows:
* * * * *

1. R-6601 Fort A.P. Hill, VA [Remove]

2. R-6601A Fort A.P. Hill, VA [New]

    Boundaries. Beginning at lat. 38[deg]04'37'' N., long. 
77[deg]18'44'' W.; then along U.S. Highway 301; to lat. 38[deg]09'45'' 
N., long. 77[deg]11'59'' W.; then along U.S. Highway 17; to lat. 
38[deg]07'50'' N., long. 77[deg]08'29'' W.; to lat. 38[deg]05'30'' N., 
long. 77[deg]09'05'' W.; to lat. 38[deg]04'40'' N., long. 
77[deg]10'19'' W.; to lat. 38[deg]03'12'' N., long. 77[deg]09'34'' W.; 
to lat. 38[deg]02'22'' N., long. 77[deg]11'39'' W.; to lat. 
38[deg]02'30'' N., long. 77[deg]14'39'' W.; to lat. 38[deg]01'50'' N., 
long. 77[deg]16'07'' W.; to lat. 38[deg]02'15'' N., long. 
77[deg]18'03'' W.; to lat. 38[deg]02'40'' N., long. 77[deg]18'59'' W.; 
then to the point of beginning.
    Designated altitudes. Surface to but not including 4,500 feet MSL.
    Time of Designation. 0700 to 0200 local time daily. Other times by 
NOTAM 24 hours in advance.
    Controlling agency. FAA, Potomac TRACON.
    Using agency. U.S. Army, Commander, Fort A.P. Hill, VA.

3. R-6601B Fort A.P. Hill, VA [New]

    Boundaries. Beginning at lat. 38[deg]04'37'' N., long. 
77[deg]18'44'' W.; then along U.S. Highway 301 to lat. 38[deg]09'38'' 
N., long. 77[deg]12'07'' W.; to lat. 38[deg]07'09'' N., long. 
77[deg]08'40'' W.; to lat. 38[deg]05'30'' N., long. 77[deg]09'05'' W.; 
to lat. 38[deg]04'40''

[[Page 35310]]

N., long. 77[deg]10'19'' W.; to lat. 38[deg]03'12'' N., long. 
77[deg]09'34'' W.; to lat. 38[deg]02'22'' N., long. 77[deg]11'39'' W.; 
to lat. 38[deg]02'30'' N., long. 77[deg]14'39'' W.; to lat. 
38[deg]01'50'' N., long. 77[deg]16'07'' W.; to lat. 38[deg]02'15'' N., 
long. 77[deg]18'03'' W.; to lat. 38[deg]02'40'' N., long. 
77[deg]18'59'' W.; then to the point of beginning.
    Designated altitudes. 4,500 feet MSL to but not including 7,500 
feet MSL.
    Time of designation. By NOTAM 24 hours in advance.
    Controlling agency. FAA, Potomac TRACON.
    Using agency. U.S. Army, Commander, Fort A.P. Hill, VA.

4. R-6601C Fort A.P. Hill, VA [New]

    Boundaries. Beginning at lat. 38[deg]04'37'' N., long. 
77[deg]18'44'' W.; then along U.S. Highway 301 to lat. 38[deg]09'38'' 
N., long. 77[deg]12'07'' W.; to lat. 38[deg]07'09'' N., long. 
77[deg]08'40'' W.; to lat. 38[deg]05'30'' N., long. 77[deg]09'05'' W.; 
to lat. 38[deg]04'40'' N., long. 77[deg]10'19'' W.; to lat. 
38[deg]03'12'' N., long. 77[deg]09'34'' W.; to lat. 38[deg]02'22'' N., 
long. 77[deg]11'39'' W.; to lat. 38[deg]02'30'' N., long. 
77[deg]14'39'' W.; to lat. 38[deg]01'50'' N., long. 77[deg]16'07'' W.; 
to lat. 38[deg]02'15'' N., long. 77[deg]18'03'' W.; to lat. 
38[deg]02'40'' N., long. 77[deg]18'59'' W.; then to the point of 
beginning.
    Designated altitudes. 7,500 feet MSL to 9,000 feet MSL.
    Time of designation. By NOTAM 24 hours in advance.
    Controlling agency. FAA, Potomac TRACON.
    Using agency. U.S. Army, Commander, Fort A.P. Hill, VA.

    Issued in Washington, DC, on June 7, 2012.
Colby Abbott,
Acting Manager, Airspace, Regulations and ATC Procedures Group.
[FR Doc. 2012-14404 Filed 6-12-12; 8:45 am]
BILLING CODE 4910-13-P
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