This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

32061 

Vol. 83, No. 133 

Wednesday, July 11, 2018 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2017–0144; Airspace 

Docket No. 17–ASW–2] 

RIN 2120–AA66 

Establishment of Restricted Areas R– 

5602A and R–5602B; Fort Sill, OK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes two 

restricted areas, R–5602A and R–5602B, 

over a portion of the Fort Sill, OK, R– 

5601 restricted area complex in support 

of emerging kinetic and directed energy 

weapons training requirements for the 

United States (U.S.) Army Fires Center 

of Excellence at Fort Sill. This 

additional airspace allows for the 

segregation of hazardous activities from 

non-participating air traffic. 

DATES: Effective date: 0901 UTC, 

September 13, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Colby Abbott, 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 would 

establish the restricted area airspace at 

Fort Sill, OK, to enhance aviation safety 

and accommodate essential U.S. Army 

hazardous high trajectory surface-tosurface kinetic weapons employment 

and above-the-horizon directed energy 

laser operations conducting counter 

unmanned aircraft systems (UAS) 

activities. 

History 

The FAA published a notice of 

proposed rulemaking for Docket No. 

FAA–2017–0144 in the Federal Register 

(82 FR 30805; July 3, 2017), to establish 

two restricted areas overlying a portion 

of the Fort Sill, OK, R–5601 restricted 

area complex, and extending slightly 

eastward, to support an emerging high 

trajectory kinetic and directed energy 

laser weapons training mission. 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal. One comment was received. 

Discussion of Comment 

While supportive of the overall 

concept, the commenter suggested 

combining the two proposed restricted 

areas with the R–5601 restricted areas 

they overlie into a single restricted area. 

The commenter felt this would allow all 

pilots, participants and nonparticipants, to better identify the 

restricted areas easier. The FAA agrees 

that having only one area would make 

it easier for both participating and nonparticipating pilots to identify the 

restricted area airspace overhead Fort 

Sill, OK, on charts; however, that would 

restrict navigable airspace from nonparticipants unnecessarily. It is the 

FAA’s policy to sub-divide Special Use 

Airspace areas, when feasible, if 

activation of the entire area is not 

required by the user to prevent 

unnecessarily restricting navigable 

airspace. In this case, subdividing the 

restricted area airspace into two 

subareas as proposed, R–5602A and R– 

5602B, is appropriate due to the types 

of hazardous activities to be conducted 

and the airspace requirements for those 

activities. 

The planned surface-to-air directed 

energy laser fires will require both the 

R–5602A and R–5602B areas to be 

activated to fully contain directed 

energy beams as they transit between 

40,000 feet mean sea level (MSL) and 

60,000 feet MSL. The altitudes are 

defined relative to MSL to highlight that 

the proposed areas would be used for 

other than aircraft operations. However, 

the planned surface-to-surface artillery 

fires will only require the R–5602A area, 

which overlies where the artillery firing 

points and impact areas are located 

within the existing Fort Sill R–5601 

restricted area complex, to be activated. 

The proposed subdivided configuration 

allows R–5602B to remain available for 

non-participating air traffic access when 

directed energy laser activities are not 

being conducted. 

As noted in the NPRM, restricted 

areas R–5602A and R–5602B will enable 

the U.S. Army to leverage the advanced 

technology weapons capabilities for 

training soldiers in emerging field 

artillery and air defense artillery 

missions. 

The Rule 

The FAA is amending 14 CFR part 73 

by establishing restricted areas R–5602A 

and R–5602B overlying a portion of the 

R–5601 restricted area complex located 

at Fort Sill, OK, and extending 

approximately 8 nautical miles (NM) 

east of the restricted area complex. The 

new restricted areas support the U.S. 

Army fielding advanced technology 

high trajectory kinetic and directed 

energy laser weapons and training for 

emerging field artillery and air defense 

artillery missions. The restricted areas 

are described below. 

R–5602A is established to contain 

high trajectory surface-to-surface kinetic 

weapons employment using existing 

firing points and impact areas, with 

occasional directed energy laser fires 

passing through a portion of R–5602A 

before entering the R–5602B restricted 

area. The lateral boundaries for R– 

5602A overlie the R–5601A, R–5601B, 

and a portion of R–5601F restricted 

areas, extending upward from 40,000 

feet MSL to 60,000 feet MSL. The 

altitudes are defined relative to MSL to 

highlight that the restricted area is to be 

used for other than aircraft operations. 

R–5602B is established solely to 

contain directed energy laser fires 

intended to destroy adversary UAS. The 

target UAS will operate in the lower R– 

5601 restricted areas since R–5602B is 

not approved for aviation activity. The 

boundaries for R–5602B extend a shelf 

of restricted area airspace approximately 

8 NM eastward beyond the R–5601A 


daltland on DSKBBV9HB2PROD with RULES
32062 Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Rules and Regulations 

and R–5601F eastern boundaries, 

extending upward from 40,000 feet MSL 

to 60,000 feet MSL. Again, the altitudes 

are defined relative to MSL to highlight 

that the restricted area is to be used for 

other than aircraft operations. 

The time of designation for R–5602A 

and R–5602B is ‘‘By NOTAM 0830– 

1630, Monday–Friday; other times by 

NOTAM.’’ The expected usage for R– 

5602A is approximately 8 hours per day 

most weekdays, consistent with ingarrison training requirements. The 

expected usage for R–5602B is 

approximately 25 days per year. 

During times when the restricted 

areas are not needed by the using 

agency, the airspace will be returned to 

the FAA controlling agency, Fort Worth 

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 determined that this 

action establishing two restricted areas, 

R–5602A and R–5602B, which partially 

overlay portions of the R–5601 

restricted area complex at Fort Sill, OK, 

qualifies for FAA adoption in 

accordance with FAA Order 1050.1F, 

paragraphs 8–2 and 9–2, Adoption of 

Other Agencies’ National 

Environmental Policy Act Documents, 

and Written Re-evaluations, and 

7400.2L, paragraph 32–2–3. The 

purpose of creating and utilizing the 

restricted areas is to safely segregate 

private and commercial aircraft from 

above-the-horizon hazardous laser 

activities while supporting the U.S. 

Army emerging high trajectory kinetic 

and directed energy laser weapons 

training mission. The FAA, after 

conducting an independent review and 

evaluation of the United States Army’s 

April 2018 Final Supplemental 

Environmental Assessment for the 

Permanent Creation and Utilization of 

Restricted Areas R–5602A and R–5602B 

at Fort Sill, Oklahoma, has determined 

that the Army’s Final Supplemental EA 

and its supporting documentation 

adequately assesses and discloses the 

environmental impacts of the proposed 

action. Based on the evaluation for 

potential environmental impact in the 

above-mentioned Supplemental EA, the 

FAA, as the Cooperating Agency, 

concluded that adoption of the EA for 

the Permanent Creation and Utilization 

of Restricted Area R–5602A/B is 

authorized in accordance with 40 CFR 

1506.3, Adoption. Accordingly, FAA 

adopts the Army’s Supplemental EA 

and is issuing a Finding of No 

Significant Impact and Record of 

Decision (FONSI/ROD) for the project as 

a Cooperating Agency. The FONSI/ROD 

documents the FAA’s determination 

that the project, as proposed, would not 

result in significant impacts to the 

human environment and that an 

Environmental Impact Statement (EIS) 

is therefore not necessary. A copy of the 

Supplemental EA and FONSI/ROD is 

available upon request by contacting 

Gregory L. Hines, Operations Support 

Group, Central Service Center, Federal 

Aviation Administration, 10101 

Hillwood Parkway, Fort Worth, Texas 

76177, telephone: (817) 222–5866. 

List of Subjects in 14 CFR Part 73 

Airspace, Prohibited areas, Restricted 

areas. 

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. 

§ 73.56 [Amended] 

■ 2. Section 73.56 is amended as 

follows: 

* * * * * 

R–5602A Fort Sill, OK [New] 

Boundaries. Beginning at lat. 34°46′45′′ N, 

long. 98°17′01′′ W; to lat. 34°38′15′′ N, long. 

98°17′01′′ W; to lat. 34°38′15′′ N, long. 

98°37′57′′ W; to lat. 34°40′54′′ N, long. 

98°37′56′′ W; to lat. 34°42′07′′ N, long. 

98°37′20′′ W; to lat. 34°43′21′′ N, long. 

98°36′02′′ W; to lat. 34°43′30′′ N, long. 

98°35′40′′ W; to lat. 34°45′03′′ N, long. 

98°29′46′′ W; to lat. 34°46′15′′ N, long. 

98°25′01′′ W; to lat. 34°47′00′′ N, long. 

98°17′46′′ W; to the point of beginning. 

Designated altitudes. 40,000 feet MSL to 

60,000 feet MSL. 

Time of designation. By NOTAM 0830– 

1630, Monday–Friday; other times by 

NOTAM. 

Controlling agency. FAA, Fort Worth 

ARTCC. 

Using agency. U.S. Army, Commanding 

General, U.S. Army Fires Center of 

Excellence (USAFCOE) and Fort Sill, Fort 

Sill, OK. 

R–5602B Fort Sill, OK [New] 

Boundaries. Beginning at lat. 34°49′30′′ N, 

long. 98°08′43′′ W; to lat. 34°36′36′′ N, long. 

98°08′43′′ W; to lat. 34°38′15′′ N, long. 

98°17′01′′ W; to lat. 34°46′06′′ N, long. 

98°17′01′′ W; to the point of beginning. 

Designated altitudes. 40,000 feet MSL to 

60,000 feet MSL. 

Time of designation. By NOTAM 0830– 

1630, Monday–Friday; other times by 

NOTAM. 

Controlling agency. FAA, Fort Worth 

ARTCC. 

Using agency. U.S. Army, Commanding 

General, U.S. Army Fires Center of 

Excellence (USAFCOE) and Fort Sill, Fort 

Sill, OK. 

Issued in Washington, DC, on July 2, 2018. 

Rodger A. Dean Jr., 

Manager, Airspace Policy Group. 

[FR Doc. 2018–14783 Filed 7–10–18; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0511; FRL–9980– 

36—Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Revised Motor Vehicle 

Emission Budgets for the Charleston, 

Huntington, Parkersburg, Weirton, and 

Wheeling 8-Hour Ozone Maintenance 

Areas; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: This document corrects an 

error in the language of a final rule 

pertaining to Environmental Protection 

Agency (EPA)’s approval of the revised 

motor vehicle emissions budgets for the 

Charleston, Huntington, Parkersburg, 

Weirton, and Wheeling 8-hour ozone 

maintenance areas. The previous 

rulemaking amended the maintenance 

plans’ 2009 and 2018 motor vehicle 

emissions budgets (MVEBs) submitted 

by the State of West Virginia. 

DATES: This final correcting amendment 

is effective on July 11, 2018. 


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