```

[Federal Register Volume 80, Number 158 (Monday, August 17, 2015)]
[Rules and Regulations]
[Pages 49134-49136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20286]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2014-0639; Airspace Docket No. 13-ASW-20]
RIN 2120-AA66

Modification of Restricted Areas R-3804A, R-3804B, and R-3804C; 
Fort Polk, LA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action expands the lateral boundary of restricted area R-
3804B, Fort Polk, LA, and raises the restricted area ceiling to, but 
not including 10,000 feet mean sea level (MSL). The expanded restricted 
area airspace will contain new live fire ranges to support mission 
requirements of the U.S. Army in order to fully exploit the 
capabilities of modern weapons systems and complex training scenarios 
that replicate conditions encountered during military deployments 
today. This action also amends time of designation for R-3804A and R-
3804B to better reflect when the restricted areas are in use by the 
U.S. Army and when the airspace is available to nonparticipants. 
Lastly, this action makes administrative editorial

[[Page 49135]]

corrections to the R-3804A, R-3804B, and R-3804C legal descriptions.

DATES: Effective date: 0901 UTC, October 15, 2015.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace Policy and 
Regulations 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 amends the restricted area airspace at Fort Polk, LA, to enhance 
aviation safety and accommodate essential U.S. Army training 
requirements.

History

    On September 25, 2014, the FAA published in the Federal Register a 
notice of proposed rulemaking (79 FR 57486) to expand the lateral 
boundary and raise the designated altitudes of restricted area R-3804B, 
amend the time of designation for R-3804A and R-3804B, and make using 
agency corrections to R-3804A, R-3804B, and R-3804C. The R-3804 
restricted area complex amendments support the military training 
activities conducted at Fort Polk, LA.
    Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the proposal. Fifteen comments 
were received with 14 of the commenters supporting the proposed action, 
and one commenter raising several concerns.
    The commenter suggested the FAA offset a larger R-3804B by 
eliminating the R-3801A, R-3801B, and R-3801C restricted areas and/or 
the R-3803A and R-3803B restricted areas. The commenter offered that 
since the R-3801 complex and the Hackett and Jena Military Operations 
Areas (MOAs) all have the deactivated 917th Fighter Wing listed as the 
using agency, the FAA should consider them for deactivation. The R-3801 
complex and associated MOAs mentioned by the commenter are used by U.S. 
Air Force B-52 aircraft operating from Barksdale Air Force Base (AFB), 
LA, for electronic combat training. The FAA has amended the legal 
descriptions of these Special Use Airspace (SUA) areas, effective April 
30, 2015, to reflect the current using agency, the 307th Bomb Wing at 
Barksdale AFB, LA. The R-3803 complex noted by the commenter is used by 
U.S. Army units at Fort Polk for live fire training similar to that 
occurring in the R-3804 complex. The actual time the restricted area 
complexes are activated is roughly the same and consistent with the 
expected usage of the proposed R-3804B.
    The commenter also stated that real-time deactivation of the 
restricted area complex during Notice to Airmen (NOTAM) periods of use 
is a disservice to civilian pilots who have flight planned to avoid the 
airspace. In the interest of maximizing navigable airspace availability 
to the flying public, the FAA considers real-time deactivation of SUA 
airspace, and making it available to non-participants, an efficient use 
of the National Airspace System. Under the FAA ``joint use'' concept, 
SUA is expected to be released to the controlling agency and become 
available for access by nonparticipating aircraft during periods when 
the airspace is not needed by the using agency for its designated 
purpose.
    Lastly, the commenter questioned how much of the NOTAM activation 
period is actually going to be used by Fort Polk. The expected usage of 
R-3804B is approximately 2 weeks per month, continuously, during large 
unit training rotations. Modern weapons capabilities and tactics are 
optimized for around-the-clock employment, and training events to 
replicate combat scenarios can occur any time of the day or night. The 
R-3804 complex utilization reporting for 2013, the most recent year 
available, shows R-3804B to have been activated 5,412 hours out of a 
possible 8,760 hours. The FAA considers this utilization rate to be 
consistent with Fort Polk's planned use of the proposed R-3804B.
    The amendments to R-3804A, R-3804B, and R-3804C are addressed 
below.

The Rule

    This action amends Title 14, Code of Federal Regulations (14 CFR) 
part 73 by expanding the lateral and vertical dimensions of restricted 
area R-3804B, Fort Polk, LA; changing the times of designation for R-
3804A and R-3804B; and updating the using agency information for R-
3804A, R-3804B, and R-3804C, and removing unnecessary verbiage from the 
designated altitudes and times of designation information for R-3804C.
    The R-3804B boundary is expanded northward to match the northern 
boundary of R-3804A, as described in the NPRM, and the designated 
altitudes are raised from 3,000 feet MSL to, but not including, 10,000 
feet MSL. This lateral and vertical expansion of R-3804B ensures 
containment of the hazardous artillery and mortar fires planned by the 
U.S. Army.
    Additionally, the time of designation for R-3804A and R-3804B are 
changed from ``Continuous'' to ``By NOTAM.'' This amendment ensures the 
restricted areas are available to the U.S. Army when needed, 
continuously approximately two weeks each month, and provides a better 
indication to nonparticipants when the restricted areas are active and 
when they are available for use by the public.
    Lastly, this action makes editorial updates to the using agency 
name for R-3804A, R-3804B, and R-3804C to incorporate the military 
service component of the using agency in the using agency name, removes 
the word ``up'' contained in the designated altitudes for R-3804C, and 
removes the words ``As published'' contained in the time of designation 
for R-3804C. These are purely administrative changes that do not affect 
the scheduling, use, or activities conducted within the restricted 
areas.

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. 
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 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

    Regarding expansion of the lateral boundary and raising the 
designated altitudes of restricted area R-3804B, in

[[Page 49136]]

accordance with FAA Order 1050.1E, paragraphs 402 and 404d, the FAA has 
conducted an independent evaluation of the United States Army, Joint 
Readiness Training Center's Final Environmental Assessment for the 
Establishment of Additional Restricted Airspace Joint Readiness 
Training Center and Fort Polk, LA dated March 2013 (hereinafter ``the 
FEA''). The FAA adopted the relevant portions of the FEA and prepared a 
Finding of No Significant Impact/Record of Decision dated August 11, 
2015. The FAA has determined that no significant impacts would occur as 
a result of the Federal action and therefore that preparation of an 
Environmental Impact Statement is not warranted, and a Finding of No 
Significant Impact in accordance with 40 CFR part 1501.4(e) is 
appropriate.
    Regarding amending the time of designation for R-3804A and R-3804B, 
the FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1E, Environmental Impacts: Policies and Procedures, 
paragraph 311c. This action, by changing time of designation from 
``continuous'' to ``by NOTAM'' serves to return all or part of special 
use airspace (SUA) to the National Airspace System (NAS). It is not 
expected to cause any potentially significant environmental impacts, 
and no extraordinary circumstances exists that warrant preparation of 
an environmental assessment.
    Regarding making using agency corrections to R-3804A, R-3804B, and 
R-3804C, the FAA has determined that this action qualifies for 
categorical exclusion under the National Environmental Policy Act in 
accordance with FAA Order 1050.1E, Environmental Impacts: Policies and 
Procedures, paragraph 311d. This action is an administrative change to 
the titles in the descriptions of the affected restricted areas to 
reflect the correct locations. It does not alter the dimensions, 
altitudes, times of designation or actual physical locations of the 
airspace; therefore, it is not expected to cause any potentially 
significant environmental impacts, and no extraordinary circumstances 
exists that warrant preparation of an environmental assessment.

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

0
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.

Sec.  73.38  [Amended]

0
2. Section 73.38 is amended as follows:
* * * * *

R-3804A Fort Polk, LA (Amended)

    Boundaries. Beginning at lat. 31[deg]00'53'' N., long. 
93[deg]08'12'' W.; to lat. 31[deg]00'53'' N., long. 92[deg]56'53'' W.; 
to lat. 31[deg]00'20'' N., long. 92[deg]56'14'' W.; to lat. 
31[deg]00'20'' N., long. 92[deg]54'23'' W.; to lat. 31[deg]03'55'' N., 
long. 92[deg]51'34'' W.; to lat. 31[deg]09'35'' N., long. 
92[deg]58'25'' W.; to lat. 31[deg]09'35'' N., long. 93[deg]00'56'' W.; 
to lat. 31[deg]08'43'' N., long. 93[deg]01'55'' W.; to lat. 
31[deg]08'43'' N., long. 93[deg]08'12'' W.; to the point of beginning.
    Designated altitudes. Surface to FL 180.
    Time of designation. By NOTAM.
    Controlling agency. FAA, Houston ARTCC.
    Using agency. U.S. Army, Commanding General, Fort Polk, LA.

R-3804B Fort Polk, LA (Amended)

    Boundaries. Beginning at lat. 31[deg]00'53'' N., long. 
93[deg]10'53'' W.; to lat. 31[deg]00'53'' N., long. 93[deg]08'12'' W.; 
to lat. 31[deg]08'43'' N., long. 93[deg]08'12'' W.; to lat. 
31[deg]08'43'' N., long. 93[deg]11'00'' W.; to lat. 31[deg]04'56'' N., 
long. 93[deg]11'00'' W.; to lat. 31[deg]04'15'' N., long. 
93[deg]12'31'' W.; to the point of beginning.
    Designated altitudes. Surface to but not including 10,000 feet MSL.
    Time of designation. By NOTAM.
    Controlling agency. FAA, Houston ARTCC.
    Using agency. U.S. Army, Commanding General, Fort Polk, LA.

R-3804C Fort Polk, LA (Amended)

    Boundaries. Beginning at lat. 31[deg]00'53'' N., long. 
93[deg]08'12'' W.; to lat. 31[deg]00'53'' N., long. 92[deg]56'53'' W.; 
to lat. 31[deg]00'20'' N., long. 92[deg]56'14'' W.; to lat. 
31[deg]00'20'' N., long. 92[deg]54'23'' W.; to lat. 31[deg]03'55'' N., 
long. 92[deg]51'34'' W.; to lat. 31[deg]09'35'' N., long. 
92[deg]58'25'' W.; to lat. 31[deg]09'35'' N., long. 93[deg]00'56'' W.; 
to lat. 31[deg]08'43'' N., long. 93[deg]01'55'' W.; to lat. 
31[deg]08'43'' N., long. 93[deg]08'12'' W.; to the point of beginning.
    Designated altitudes. FL 180 to but not including FL 350.
    Time of designation. By NOTAM 24 hours in advance.
    Controlling agency. FAA, Houston ARTCC.
    Using agency. U.S. Army, Commanding General, Fort Polk, LA.

    Issued in Washington, DC, on August 11, 2015.
M. Randy Willis,
Acting Manager, Airspace Policy and Regulations Group.
[FR Doc. 2015-20286 Filed 8-14-15; 8:45 am]
 BILLING CODE 4910-13-P
```