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[Federal Register: March 30, 2010 (Volume 75, Number 60)]
[Proposed Rules]               
[Page 15632-15635]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30mr10-22]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2009-1050; Airspace Docket No. 09-ASW-3]
RIN 2120-AA66

 
Proposed Amendment to and Establishment of Restricted Areas and 
Other Special Use Airspace; Razorback Range Airspace Complex, AR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to restructure the restricted areas and 
other special use airspace (SUA) located in the vicinity of Fort 
Chaffee, AR. The Air National Guard (ANG) requested these modifications 
to the Razorback Range Airspace Complex, by establishing two new 
restricted areas, renaming an existing restricted area, and amending 
the boundaries section of the legal description of the Hog High North 
military operation area (MOA) that is contained in the airspace 
complex. Unlike restricted areas which are designated under Title 14 
Code of Federal Regulations (14 CFR) part 73, MOAs are not rulemaking 
airspace actions. However, since the proposed R-2402B infringes on the 
Hog High North MOA, the FAA is including a discussion of the Hog High 
North MOA change in this NPRM. The ANG requested these airspace changes 
to permit more realistic aircrew training in modern tactics to be 
conducted in the Razorback Range Airspace Complex and to enable more 
efficient use of the National Airspace System (NAS).

DATES: Comments must be received on or before May 14, 2010.

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-2009-
1050 and Airspace Docket No. 09-ASW-3 at the beginning of your 
comments. You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, 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:

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

[[Page 15633]]

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-2009-1050 and Airspace Docket No. 09-ASW-3) and be submitted in 
triplicate to the Federal 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-2009-1050 and Airspace Docket No. 09-ASW-3.'' The 
postcard will be date/time stamped and returned to the commenter.
    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 person in the Federal 
Docket Management System Office (see ADDRESSES section for address and 
phone number) between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. An informal docket may also be examined during normal 
business hours at the office of the Central Service Center, Operations 
Support Group, Federal Aviation Administration, 2601 Meacham Blvd., 
Fort Worth, TX 76137.
    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

    The special use airspace of the Razorback Range Airspace Complex 
includes restricted areas and MOAs. Restricted areas are regulatory 
airspace areas that are designated under 14 CFR part 73 rulemaking 
procedures to contain activities that may present a hazard to 
nonparticipating aircraft including ground-based and air-delivered 
weapons employment. No person may operate an aircraft within a 
restricted area without the advance permission of the using or 
controlling agency.
    The Razorback Range Airspace Complex MOAs are used primarily as 
maneuvering areas for aircraft conducting air-to-ground and air-to-air 
training scenarios and may be used in conjunction with the existing 
restricted areas. MOAs are nonregulatory airspace areas that are 
established administratively and published in the NFDD. MOAs are 
established to segregate non-hazardous military flight activities from 
aircraft operating in accordance with instrument flight rules (IFR), 
and to advise pilots flying under visual flight rules (VFR) where these 
activities are conducted. IFR aircraft may be routed through an active 
MOA only when air traffic control can provide approved separation from 
the MOA activity. VFR pilots are not restricted from flying in an 
active MOA, but are advised to exercise caution while doing so. 
Normally, MOA proposals are not published in an NPRM but, instead, are 
advertised for public comment through a nonrule circular distributed by 
the FAA Service Center office to aviation interests in the affected 
area. When a nonrulemaking action is an integral part of a rulemaking 
action, FAA procedures allow for the nonrulemaking proposal to be 
included in the NPRM. Since the proposed restricted area R-2402B 
infringes on the Hog High North MOA, the FAA is including a description 
of the Hog High North MOA amendment in this NPRM. Comments on the 
proposed MOA change may also be submitted as indicated above in the 
``Comments Invited'' section of this NPRM.
    The ANG requested modifications to the Razorback Range Airspace 
Complex to better support essential air-to-ground weapons delivery 
profiles and advanced tactical training requirements. Driving the 
request are the technological advances that have been made in aircraft 
targeting systems that allow accurate weapons delivery from higher 
altitudes and greater distances from the target. The dimensions of the 
Razorback Range restricted area (R-2402) have not changed in decades 
and cannot accommodate the requirements of the modern combat tactics 
and increased capabilities of today's fighter aircraft. This airspace 
shortfall resulted in the request for additional restricted airspace at 
the Razorback Range. The proposed restricted areas, if approved, would 
accommodate the ANG's training requirements to perform combat missions 
such as Close Air Support, Destruction of Enemy Air Defenses, Combat 
Search and Recovery, Time Sensitive Targeting, and Forward Air 
Controller--Airborne during day and night time conditions.
    While the Razorback Range supports training in low to medium 
altitudes, the lateral boundary of the range's existing restricted area 
is inadequate for training at medium to high altitudes. The restricted 
areas R-2402B and R-2402C, as proposed, would expand the lateral 
boundaries of the Razorback Range restricted area airspace 
approximately five nautical miles north and east of R-2402, and 
approximately three nautical miles south of R-2402 into the Hog High 
North MOA. If approved, the proposed airspace will provide the 
maneuvering airspace needed to permit air-to-ground training in various 
tactics that are being used in combat today.
    The vertical and lateral boundaries of the Hog High North MOA will 
not change as a result of this airspace action. However, since the 
proposed R-2402B restricted area penetrates the MOA, the legal 
description will be amended to exclude R-2402B when the restricted area 
is active.
    The Razorback Range Airspace Complex is, and will remain, 
designated as ``joint-use'' airspace. This means that, during periods 
when the airspace complex, or parts of the complex, are not needed by 
the using agency for its designated purposes, the airspace will be 
returned to the controlling agency for access by other NAS users. The 
Memphis Air Route Traffic Control Center (ARTCC) is the controlling 
agency for the Razorback Range Airspace Complex.

The Proposed MOA Change

    The FAA is proposing an amendment to the Hog High North MOA 
boundaries section of the legal description to exclude the proposed 
restricted area R-2402B, which overlaps airspace with the MOA, when 
that restricted area is active. The altitude and time of use 
descriptions for Hog High North MOA will remain unchanged. This change 
would prevent airspace conflict with the overlapping proposed R-2402B.

[[Page 15634]]

Hog High North MOA, AR [Amended]

    By removing the current boundaries description and substituting the 
following: Boundaries. Beginning at lat. 35[deg]13'50'' N., long. 
94[deg]12'01'' W.; to lat. 35[deg]11'33'' N., long. 94[deg]12'01'' W.; 
thence east along Arkansas State Highway 10 to lat. 35[deg]10'20'' N., 
long. 94[deg]01'01'' W.; to lat. 35[deg]15'00'' N., long. 
94[deg]01'01'' W.; to lat. 35[deg]05'00'' N., long. 93[deg]34'01'' W.; 
at lat. 34[deg]51'00'' N., long. 93[deg]25'01'' W.; to lat. 
34[deg]38'12'' N., long. 93[deg]31'18'' W.; to lat. 34[deg]41'30'' N., 
long. 93[deg]45'53'' W.; to lat. 34[deg]40'58'' N., long. 
93[deg]50'18'' W.; to lat. 34[deg]47'19'' N., long. 94[deg]26'52'' W.; 
to lat. 34[deg]55'00'' N., long. 94[deg]23'08'' W.; to lat. 
35[deg]05'31'' N., long. 94[deg]17'57'' W.; to the point of beginning, 
excluding R-2402B when active.

The MOA change described here will also be published in the National 
Flight Data Digest (NFDD).

The Restricted Area Proposal

    The FAA is proposing an amendment to 14 CFR part 73 to expand the 
restricted area airspace at the Razorback Range Airspace Complex to 
permit training in real-world combat tactics. While the ceiling of R-
2402, at 30,000 feet MSL, is considered adequate for medium to high 
altitude weapons employment tactics training scenarios today, the 
lateral distance from the target area does not support medium to high 
altitude weapons delivery. Thus, aircrew training that is essential for 
combat readiness today is limited. This proposal would add two new 
restricted areas, R-2402B and R-2402C, to provide the vertical and 
lateral maneuvering airspace needed to practice medium to high altitude 
standoff weapon delivery profiles. Restricted area R-2402B is proposed 
to extend approximately five nautical miles to the east and three 
nautical miles to the south (into Hog High North MOA) of R-2402, from 
10,000 feet MSL to FL 220. Restricted area R-2402C is proposed to 
extend approximately five nautical miles to the east and north of R-
2402, from 13,000 feet MSL to FL 220. The proposed restricted areas 
will be activated when maneuvering airspace is required and cannot be 
activated without R-2402 being active also. When the proposed R-2402B 
and R-2402C restricted areas are not required for training 
requirements, that airspace will be released to Memphis ARTCC for 
access by nonparticipating aircraft, as appropriate.
    Finally, to keep the naming convention of the R-2402 complex 
standardized, the FAA proposes to change the ``R-2402 Fort Chaffee, 
AR'' restricted area name to ``R-2402A Fort Chaffee, AR''. To ensure 
the time of designation of all R-2402 restricted areas in the Razorback 
Range Airspace Complex are consistent and cannot be misinterpreted, the 
time of designation information for R-2402 (proposed to become R-2402A) 
would also change the ``Monday through Sunday'' currently listed in the 
legal description to ``daily.'' The remaining R-2402 legal description 
information will remain the same when re-published as R-2402A.
    Section 73.24 of Title 14 CFR part 73 was republished in FAA Order 
7400.8R, effective February 16, 2009.
    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 
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 would restructure the SUA at the Razorback Range Airspace 
Complex, Fort Chaffee, AR.

Environmental Review

    This proposal will be subject 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.  73.24  [Amended]

    2. Sec.  73.24 is amended as follows:
* * * * *

R-2402 Fort Chaffee, AR [Removed]

R-2402A Fort Chaffee, AR [New]

    Boundaries. Beginning at lat. 35[deg]18'09'' N., long. 
94[deg]03'01'' W.; to lat. 35[deg]17'00'' N., long. 94[deg]03'01'' 
W.; to lat. 35[deg]17'00'' N., long. 94[deg]01'01'' W.; to lat. 
35[deg]10'20'' N., long. 94[deg]01'01'' W.; thence west along 
Arkansas State Highway No. 10 to lat. 35[deg]11'33'' N., long. 
94[deg]12'01'' W.; to lat. 35[deg]13'50'' N., long. 94[deg]12'01'' 
W.; to lat. 35[deg]18'10'' N., long. 94[deg]12'01'' W.; to lat. 
35[deg]18'12'' N., long. 94[deg]09'52'' W.; thence east along 
Arkansas State Highway No. 22 to the point of beginning.
    Designated altitudes. Surface to and including 30,000 feet MSL.
    Time of designation. Sunrise to sunset, daily; other times by 
NOTAM.
    Controlling agency. FAA, Memphis ARTCC.
    Using agency. Commanding General, Fort Chaffee, AR.
* * * * *

R-2402B Fort Chaffee, AR [New]

    Boundaries. Beginning at lat. 35[deg]18'26'' N., long. 
93[deg]55'41'' W.; thence clockwise along a 7-NM radius circle 
centered at lat. 35[deg]15'26'' N., long. 94[deg]03'24'' W.; to lat. 
35[deg]10'55'' N., long. 94[deg]09'57'' W.; thence east along 
Arkansas State Highway 10 to lat. 35[deg]10'20'' N., long. 
94[deg]01'01'' W.; to lat. 35[deg]17'00'' N., long. 94[deg]01'01'' 
W.; to lat. 35[deg]17'00'' N., long. 94[deg]03'01'' W.; to lat. 
35[deg]18'09'' N., long. 94[deg]03'01'' W.; thence east along 
Arkansas State Highway 22 to the point of beginning.
    Designated altitudes. 10,000 feet MSL to, but not including, FL 
220.
    Time of designation. Sunrise to sunset, daily; other times by 
NOTAM.
    Controlling agency. FAA, Memphis ARTCC.
    Using agency. Arkansas Air National Guard, 188th Fighter Wing, 
Ft. Smith, AR.

R-2402C Fort Chaffee, AR [New]

    Boundaries. Beginning at lat. 35[deg]21'48'' N., long. 
94[deg]06'59'' W.; thence clockwise along a 7-NM radius circle 
centered at lat. 35[deg]15'26'' N., long. 94[deg]03'24'' W.; to lat. 
35[deg]18'26'' N., long. 93[deg]55'41'' W.; thence west along 
Arkansas State Highway 22 to lat. 35[deg]18'12''

[[Page 15635]]

N., long. 94[deg]09'52'' W.; to the point of beginning.
    Designated altitudes. 13,000 feet MSL to, but not including, FL 
220.
    Time of designation. Sunrise to sunset, daily; other times by 
NOTAM.
    Controlling agency. FAA, Memphis ARTCC.
    Using agency. Arkansas Air National Guard, 188th Fighter Wing, 
Ft. Smith, AR.

    Issued in Washington, DC, on March 19, 2010.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. 2010-7075 Filed 3-29-10; 8:45 am]
BILLING CODE 4910-13-P
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