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[Federal Register Volume 80, Number 175 (Thursday, September 10, 2015)]
[Proposed Rules]
[Pages 54444-54446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22827]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2015-2776; Airspace Docket No. 15-AEA-5]
RIN 2120-AA66

Proposed Amendment and Establishment of Restricted Areas; 
Chincoteague Inlet, VA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to expand the restricted airspace at 
Chincoteague Inlet, VA, to support the National Aeronautics and Space 
Administration's (NASA) Wallops Island Flight Facility requirements. 
The proposed expansion would add 3 new restricted areas, designated R-
6604C, R-6604D, and R-6604E. Additionally, a minor change would be made 
to 2 points in the boundary of existing area R-6604A to match the 
updated 3 nautical mile (NM) line from the shoreline of the United 
States (U.S.) as provided by the National Oceanic and Atmospheric 
Administration (NOAA).

[[Page 54445]]

DATES: Comments must be received on or before October 26, 2015.

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-2015-
2776 and Airspace Docket No. 15-AEA-5, 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: NASA Wallops Flight Facility, Attn: Ms. Shari 
Silbert, Wallops Island, VA 23337; telephone: 757-824-2327.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, 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 Subtitile 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 establish restricted airspace at Wallops Island, 
VA, to contain activities deemed hazardous to nonparticipating 
aircraft.

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-2015-2776 and Airspace Docket No. 15-AEA-5) 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.
    Persons 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-2015-2776 and Airspace Docket No. 15-AEA-5.'' 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.
    You may review the public docket containing the proposal, any 
comments received and any final disposition in 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.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 73 to establish 
three new restricted areas, designated R-6604C, R-6604D and R-6604E, at 
the NASA Wallops Island Flight Facility in Virginia. The new areas 
would abut the existing restricted areas (R-6604A and R-6604B) and be 
used to contain a wide variety of test activities deemed to pose a 
hazard to nonparticipating aircraft. These activities include, but are 
not limited to, high-risk test profiles by heavily modified test 
aircraft, testing of emitters that could induce harmful electromagnetic 
interference effects on nonparticipating aircraft, non-eye-safe laser 
firings, and external stores separation testing. The following is a 
general description of the proposed areas.
    R-6604C would overlie the Wallops Flight Facility airfield and 
would be contained entirely within the Wallops Flight Facility property 
boundary. It would extend from the surface up to 3,500 feet mean sea 
level (MSL).
    R-6604D would extend from 100 feet above ground level (AGL) up to 
3,500 feet MSL. It would be located between the western boundary of R-
6604B and VOR Federal airway V-139 and would also extend approximately 
15 NM to the northeast of the R-6604A/R-6604B northern boundary.
    R-6604E would extend from 700 feet AGL up to 3,500 feet MSL. It 
would be located between the western boundaries of R-6604A and R-6604B 
and VOR Federal airway V-139.
    All 3 of the proposed new areas would be activated by the issuance 
of a Notice to Airmen (NOTAM). Specific times of designation were not 
proposed for R-6604C, D and E due to the variable nature of test 
programs.
    In addition to the above, 2 points in the boundary of R-6604A that 
intersect a line 3 NM from the shoreline of the U.S. shoreline would be 
adjusted to reflect NOAA's updated calculation of the U.S. shoreline.
    The configuration of the proposed restricted areas was designed to 
allow for activation of only that portion of the complex required for 
the specific test profile being conducted. As is the current practice 
with R-6604A and R-6604B, when the proposed restricted areas are not 
required by the using agency, the airspace would be returned to the 
controlling agency for access by other aviation users.
    Note that the existing areas (R-6604A and R-6604B) will continue to 
be used, as in the past, for missile and rocket launches, aircraft 
systems development, expendable launch vehicles, lasers, RPV, and other 
test programs.
    Color charts showing the location of the proposed restricted areas 
will be posted on the internet at http://www.regulations.gov. Search 
docket no. FAA-2015-2776 to view the charts.

Regulatory Notices and Analyses

    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.

[[Page 54446]]

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.

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

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.  73.66  [Amended]

0
2. Section 73.66 is amended as follows:
* * * * *

R-6604A Chincoteague Inlet, VA [Amended]

    By removing the current boundaries and inserting the following 
in its place:
    Boundaries. Beginning at lat. 37[deg]55'25'' N., long. 
75[deg]24'54'' W.; to lat. 37[deg]51'31'' N., long. 75[deg]17'16'' 
W.; then along a line 3 NM from and parallel to the shoreline to 
lat. 37[deg]39'20'' N., long. 75[deg]31'19'' W.; to lat. 
37[deg]47'00'' N., long. 75[deg]31'18'' W.; to lat. 37[deg]51'00'' 
N., long. 75[deg]29'36'' W.; to the point of beginning.

R-6604C Chincoteague Inlet, VA [New]

    Boundaries. Beginning at lat. 37[deg]56'57'' N., long. 
75[deg]28'37'' W.; to lat. 37[deg]56'54'' N., long. 75[deg]26'56'' 
W.; to lat. 37[deg]56' 23'' N., long. 75[deg]26' 46'' W.; to lat. 
37[deg]56' 45'' N., long. 75[deg]27'29'' W.; to lat. 37[deg]55'15'' 
N., long. 75[deg]28'23'' W.; to lat. 37[deg]55'15'' N., long. 
75[deg]28'39'' W.; to lat. 37[deg]56'32'' N., long. 75[deg]29'18'' 
W.; to the point of beginning.
    Designated altitudes. Surface to 3,500 feet MSL.
    Time of designation. By NOTAM.
    Controlling agency. U.S. Navy, Patuxent River Radar Approach 
Control.
    Using agency. Chief, Wallops Station, National Aeronautics and 
Space Administration, Wallops Island, VA.

R-6604D Chincoteague Inlet, VA [New]

    Boundaries. Beginning at lat. 38[deg]01'42'' N., long. 
75[deg]29'28'' W.; to lat. 38[deg]07'12'' N., long. 75[deg]14'48'' 
W.; to lat. 38[deg]04'36'' N., long. 75[deg]08'07'' W.; thence 3 NM 
from and parallel to the shoreline to lat. 37[deg]51'31'' N., long. 
75[deg]17'16'' W.; to lat. 37[deg]56'45'' N., long. 75[deg]27'29'' 
W.; to lat. 37[deg]53'55'' N., long. 75[deg]29'11'' W.; to lat. 
37[deg]55'40'' N., long. 75[deg]33'27'' W.; to the point of 
beginning; excluding R-6604C.
    Designated altitudes. 100 feet AGL to 3,500 feet MSL.
    Time of designation. By NOTAM.
    Controlling agency. U.S. Navy, Patuxent River Radar Approach 
Control.
    Using agency. Chief, Wallops Station, National Aeronautics and 
Space Administration, Wallops Island, VA.

R-6604E Chincoteague Inlet, VA [New]

    Boundaries. Beginning at lat. 37[deg]55'40'' N., long. 
75[deg]33'27'' W.; to lat. 37[deg]53'55'' N., long. 75[deg]29'11'' 
W.; to lat. 37[deg]50'24'' N., long. 75[deg]31'19'' W.; to lat. 
37[deg]39'20'' N., long. 75[deg]31'19'' W.; to lat. 37[deg]38'57'' 
N., long. 75[deg]31'31'' W.; to lat. 37[deg]46'55'' N., long. 
75[deg]39'13'' W.; to the point of beginning.
    Designated altitudes. 700 feet AGL to 3,500 feet MSL.
    Time of designation. By NOTAM.
    Controlling agency. U.S. Navy, Patuxent River Radar Approach 
Control.
    Using agency. Chief, Wallops Station, National Aeronautics and 
Space Administration, Wallops Island, VA.
* * * * *

    Issued in Washington, DC on September 1, 2015.
Gary A. Norek,
Manager, Airspace Policy and Regulations Group.
[FR Doc. 2015-22827 Filed 9-9-15; 8:45 am]
 BILLING CODE 4910-13-P
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