[Federal Register Volume 83, Number 133 (Wednesday, July 11, 2018)]
[Rules and Regulations]
[Pages 32061-32062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14783]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

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. 

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Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / 
Rules and Regulations

[[Page 32061]]



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.

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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-to-surface 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 non-participants, to 
better identify the restricted areas easier. The FAA agrees that having 
only one area would make it easier for both participating and non-
participating pilots to identify the restricted area airspace overhead 
Fort Sill, OK, on charts; however, that would restrict navigable 
airspace from non-participants 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

[[Page 32062]]

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 
in-garrison 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

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.  73.56   [Amended]

0
2. Section 73.56 is amended as follows:

* * * * *

R-5602A Fort Sill, OK [New]

    Boundaries. Beginning at lat. 34[deg]46'45'' N, long. 
98[deg]17'01'' W; to lat. 34[deg]38'15'' N, long. 98[deg]17'01'' W; 
to lat. 34[deg]38'15'' N, long. 98[deg]37'57'' W; to lat. 
34[deg]40'54'' N, long. 98[deg]37'56'' W; to lat. 34[deg]42'07'' N, 
long. 98[deg]37'20'' W; to lat. 34[deg]43'21'' N, long. 
98[deg]36'02'' W; to lat. 34[deg]43'30'' N, long. 98[deg]35'40'' W; 
to lat. 34[deg]45'03'' N, long. 98[deg]29'46'' W; to lat. 
34[deg]46'15'' N, long. 98[deg]25'01'' W; to lat. 34[deg]47'00'' N, 
long. 98[deg]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[deg]49'30'' N, long. 
98[deg]08'43'' W; to lat. 34[deg]36'36'' N, long. 98[deg]08'43'' W; 
to lat. 34[deg]38'15'' N, long. 98[deg]17'01'' W; to lat. 
34[deg]46'06'' N, long. 98[deg]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