Federal Register / Vol. 76, No. 121 / Thursday, June 23, 2011 / Rules and Regulations 36871 

considered in accordance with 

§ 25.301(b): 

1. Conditions corresponding to steady 

rolling velocities must be investigated. 

In addition, conditions corresponding to 

maximum angular acceleration must be 

investigated for airplanes with engines 

or other weight concentrations outboard 

of the fuselage. For the angular 

acceleration conditions, zero rolling 

velocity may be assumed in the absence 

of a rational time history investigation 

of the maneuver. 

2. At VA, sudden movement of the 

cockpit roll control up to the limit is 

assumed. The position of the cockpit 

roll control must be maintained until a 

steady roll rate is achieved and then 

must be returned suddenly to the 

neutral position. 

3. At VC, the cockpit roll control must 

be moved suddenly and maintained so 

as to achieve a roll rate not less than 

that obtained in paragraph 2. 

4. At VD, the cockpit roll control must 

be moved suddenly and maintained so 

as to achieve a roll rate not less than one 

third of that obtained in paragraph 2. 

Issued in Renton, Washington, on June 13, 

2011. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–15708 Filed 6–22–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2008–0110; Airspace 

Docket No. 07–ASW–8] 

RIN 2120–AA66 

Modification of Restricted Areas R– 

4401A, R–4401B, and R–4401C; Camp 

Shelby, MS 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action modifies 

restricted areas R–4401A, R–4401B, and 

R–4401C, at Camp Shelby, MS, to 

ensure that aircraft remain within the 

confines of restricted airspace during 

high altitude munitions delivery and to 

enhance the efficient use of airspace in 

the vicinity of Camp Shelby, MS. 

DATES: Effective date 0901 UTC, August 

25, 2011. 

FOR FURTHER INFORMATION CONTACT: Paul 

Gallant, Airspace, Regulations and ATC 

Procedures Group, Office of Airspace 

Services, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Background 

Special Use Airspace (SUA) at Camp 

Shelby, MS, currently consists of three 

restricted areas that are layered from the 

surface up to 29,000 feet MSL. 

Restricted area R–4401A extends from 

the surface up to 4,000 feet MSL; R– 

4401B overlies R–4401A and extends 

from 4,000 feet MSL up to 18,000 feet 

MSL; R–4401C overlies A and B and 

extends from 18,000 feet MSL up to 

29,000 feet MSL. Adjacent to the 

restricted areas are two military 

operations areas (MOA). The De Soto 1 

MOA abuts the north, east and south 

sides of the restricted areas and extends 

from 500 feet AGL up to 10,000 feet 

MSL. The De Soto 2 MOA lies adjacent 

to the east and south sides of De Soto 

1 MOA and extends from 100 feet AGL 

up to 5,000 feet MSL. 

Military Operations Areas (MOA) 

MOAs are nonregulatory airspace 

areas that are established 

administratively and published in the 

National Flight Data Digest (NFDD) 

rather than through rulemaking 

procedures. MOAs are established to 

separate or 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 by 

agreement with the using agency and 

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 they 

are advised to exercise caution while 

doing so. Although MOAs are not 

regulatory airspace actions, the De Soto 

MOAs are described in this rule because 

they form an integral part of the Camp 

Shelby Range airspace area. The MOA 

changes will be published separately in 

the NFDD. 

History 

On Wednesday, February 20, 2008, 

the FAA published in the Federal 

Register a notice of proposed 

rulemaking (NPRM) to modify 

Restricted Areas R–4401A, R–4401B and 

R–4401C at Camp Shelby, MS, by 

moving the southeastern corner of the 

restricted areas approximately 2 

nautical miles (NM) to the east of the 

present alignment (73 FR 9241). The 

FAA proposed this change to ‘‘square 

off’’ the corner to ensure that aircraft 

conducting high altitude munitions 

delivery training remain within the 

confines of restricted airspace. 

Interested parties were invited to 

participate in this rulemaking 

proceeding by submitting written 

comments on the proposal to the FAA. 

In a separate action, on February 11, 

2008, the FAA distributed a 

nonrulemaking circular soliciting public 

comment on a proposal to modify the 

De Soto 1 and De Soto 2 MOAs and to 

establish two new MOAs in order to 

raise the upper altitude limit of the 

MOA airspace at the Camp Shelby 

Range up to but not including FL 180 

(Airspace Study No. 08–ASW–09NR). In 

the circular, the FAA proposed to 

modify the De Soto 1 MOA boundary to 

match the amended R–4401A/R–4401B 

boundary and to change the De Soto 1 

MOA ceiling to read ‘‘to but not 

including 10,000 feet MSL.’’ The De 

Soto 2 MOA altitude ceiling would be 

changed to read ‘‘to but not including 

5,000 feet MSL,’’ but the De Soto 2 

boundary would not be changed. 

In addition, two new MOAs were 

proposed. The De Soto 3 MOA would 

overlie De Soto 1 and would extend 

from 10,000 feet MSL to but not 

including FL 180; and the De Soto 4 

would overlie De Soto 2 with altitudes 

extending from 5,000 feet MSL to but 

not including FL 180. The Air National 

Guard (ANG) requested this change 

because the current MOAs do not 

provide sufficient altitudes to 

accommodate aircrew training in longrange set-up and stand-off tactics. 

Seven comments were received in 

response to the NPRM and the circular. 

Discussion of Comments 

All of the commenters opposed the 

proposed rulemaking. Most commenters 

argued that the proposed airspace 

expansions would adversely impact 

civil aircraft operations in the area; and, 

in particular, those aircraft transiting the 

area via VOR Federal airways V–11 and 

V–70. Since this is a small boundary 

adjustment, with the expansion 

extending into existing MOA airspace, 

the FAA concluded the restricted area 

boundary change is not expected to 

impact air traffic in the area. Airways 

V–11 and V–70 do extend through the 

proposed expanded MOA airspace. 

However, in response to the 

comments, the configuration and 

altitude structure of the MOAs have 

been revised. Instead of one large MOA 

(De Soto 4) overlying the entire Desoto 

2 MOA, the proposed De Soto 4 MOA 

airspace is split into two separate MOAs 

(i.e., De Soto 4 and De Soto 5). The 

Desoto 4 MOA will extend from 5,000 

feet MSL to but not including FL 180 


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36872 Federal Register / Vol. 76, No. 121 / Thursday, June 23, 2011 / Rules and Regulations 

and will overlie only the northern 

portion of De Soto 2 (i.e., north of 

airway V–70). The De Soto 5 MOA will 

overlie the remaining part of De Soto 2 

(which is traversed by V–70). Also, the 

floor of the new De Soto 5 MOA is set 

at 11,000 feet MSL instead of 5,000 feet 

MSL. This creates a gap in MOA 

airspace between 5,000 feet MSL and 

11,000 feet MSL along V–70 allowing 

uninhibited access to five IFR altitudes 

along the airway. Additional steps to 

further minimize potential impacts 

include: Imposing time restrictions on 

use of the De Soto 4 and De Soto 5 

MOAs; the airspace will be subject to 

recall for weather or civil air traffic; and 

communications lines between Range 

Control and the FAA controlling agency 

(Houston ARTCC) are being added to 

expedite coordination. These measures 

are designed to facilitate real time use 

of the airspace as well as improve civil 

aviation access to the airspace when not 

required for military training. 

Several commenters suggested that 

the range airspace be moved to another 

location in the United States where 

there is less air traffic. One commenter 

added that the training could be 

conducted over water in the existing 

warning areas that are located less than 

50 miles from the De Soto MOA 

complex. Prior to submitting its airspace 

proposal, the proponent did consider 

alternative locations. However, 

alternative sites were either already 

saturated with test, evaluation, and 

training activities and/or did not have 

an associated air-to-ground bombing 

range. A bombing range, containing an 

array of target complexes, is required for 

conducting realistic maneuvering for 

actual and simulated ordnance delivery 

training. Use of the off-shore warning 

areas was judged to be unsuitable, in 

part, due to the lack of the required 

bombing range and the absence of 

usable ground references over water. 

Another option explored was to limit 

the proposed MOA expansion to just the 

De Soto 3 only. While this option would 

allow some training activities to be 

completed, it would not provide enough 

airspace to contain training in tactics 

requiring standoff distances that extend 

beyond the current De Soto 1 MOA 

boundary. 

Differences From NPRM 

The NPRM proposed a minor 

expansion of the boundaries of 

restricted areas R–4401A, R–4401B, and 

R–4401C to move the southeastern 

corner of the areas approximately 2 NM 

to the east. However, in response to 

public comments, and to provide for 

better real time use of the airspace, the 

FAA and the proponent decided to 

further stratify the restricted areas into 

five sections instead of the original 

three, while maintaining the current 

restricted area altitude structure that 

extends from the surface up to Flight 

Level (FL) 290. In addition, the name of 

the restricted area using agency is 

updated to reflect the current 

organization; and, the time of 

designation for R–4401A, B and C is 

simplified as described in ‘‘The Rule’’ 

section, below. 

The NPRM did not include a 

discussion of the De Soto MOA changes, 

which are processed under 

nonrulemaking procedures. However, 

because the MOAs are an integral part 

of the Camp Shelby Range airspace, the 

FAA has included a discussion of these 

changes in this rule. 

Summary of De Soto MOA Changes 

The existing De Soto 1 MOA is being 

amended to adjust the boundaries to 

match the revised southeast corner of 

restricted areas R–4401A and R–4401B. 

In addition, the altitude of the De Soto 

1 MOA will be amended to read ‘‘500 

feet AGL to but not including 10,000 

feet MSL,’’ and the name of the using 

agency is updated to reflect the current 

organization title. The altitude of the De 

Soto 2 MOA will be amended to read 

‘‘100 feet AGL to but not including 

5,000 feet MSL,’’ and the name of the 

using agency is also updated. The 

boundaries of the De Soto 2 MOA are 

not being changed. Instead of 

establishing two new MOAs as 

originally proposed (i.e., De Soto 3 and 

De Soto 4), three new MOAs will be 

established (De Soto 3, 4 and 5). This 

allows greater flexibility to facilitate real 

time use of the airspace as well as 

improve civil access to the airspace 

when not required by the military. As 

originally proposed, the De Soto 3 

overlies the De Soto 1 MOA and extends 

from 10,000 feet MSL to but not 

including FL 180. However, the 

proposed De Soto 4 MOA airspace is 

revised so that, instead of overlying the 

entire De Soto 2 MOA, it overlies only 

the northern portion of De Soto 2 and 

extends from 5,000 feet MSL up to but 

not including FL 180. The new De Soto 

5 MOA overlies the southern portion of 

De Soto 2. In addition, the De Soto 5 

MOA has a floor of 11,000 feet MSL and 

extends up to but not including FL 180. 

This creates a gap in MOA airspace 

between the 5,000 foot MSL ceiling of 

the De Soto 2 MOA and the 11,000 foot 

MSL floor of the De Soto 5 MOA, 

bracketing a portion of airway V–70. 

This gap between De Soto 2 and De Soto 

5 provides five IFR altitudes (i.e., from 

6,000 feet MSL to 10,000 feet MSL 

inclusive) along V–70 that are always 

clear of MOA airspace. 

The new MOA configuration allows 

better real time use of the airspace so 

that parts of the MOAs that are not 

needed for the military mission can be 

released for access by other users. These 

measures lessen the potential impact on 

other airspace users, and facilitate better 

access to airways V–11 and V–70, which 

pass through, or in the vicinity of, the 

De Soto 2, 4 and 5 MOAs. 

The above MOA changes will be 

published in the NFDD. 

The Rule 

This rule amends 14 CFR part 73 by 

modifying restricted areas R–4401A, R– 

4401B, and R–4401C to ‘‘square off’’ the 

southeast boundary of the areas, realign 

the altitude structure of the restricted 

airspace, update the using agency name, 

and simplify the time of designation 

statement. In addition, two new 

restricted areas are designated: R–4401D 

and R–4401E. These changes do not 

alter the overall altitude limits of the 

Camp Shelby restricted areas, which 

remain as currently designated (i.e., 

from the surface to but not including 

29,000 feet MSL). However, to 

accommodate more flexible use of the 

airspace and to lessen the potential 

impact on other airspace users by 

enabling parts of the area to be released 

when not needed for the military 

mission, the existing altitude structure 

is divided into five subareas instead of 

three. With these changes, the restricted 

airspace at Camp Shelby, MS, consists 

of: R–4401A, extending from the surface 

to but not including 4,000 feet MSL; R– 

4401B, extending from 4,000 feet MSL 

to but not including 10,000 feet MSL; R– 

4401C, extending from 10,000 feet MSL 

to but not including FL 180; R–4401D, 

extending from FL 180 to but not 

including FL 230; and R–4401E, 

extending from FL 230 to FL 290. All 

five subareas share the same boundary 

alignment. The time of designation for 

R–4401A, B and C remains by NOTAM 

at least 24 hours in advance, except that 

the words ‘‘NOTAMS to contain 

information concerning deactivation of 

the area’’ are deleted from the 

description. This statement is not 

required because SUA NOTAMs 

normally include the times when the 

airspace is in effect. 

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 proposed 

regulation: (1) Is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 


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Federal Register / Vol. 76, No. 121 / Thursday, June 23, 2011 / Rules and Regulations 36873 

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 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 modifies restricted airspace in the 

vicinity of Camp Shelby, MS, to 

enhance the safe and the efficient use of 

the National Airspace System. 

Environmental Review 

In July 2008, the Air National Guard 

(ANG) published a Final Environmental 

Assessment (FEA) ‘‘Modification of 

CRTC-Used Airspace: Combat Readiness 

Training Center’’ and associated Finding 

of No Significant Impact (FONSI) dated 

July 1, 2008. The ANG prepared the 

FEA and associated FONSI in 

compliance with their obligations under 

the National Environmental Policy Act 

(NEPA) and as specified in ANG 

environmental regulations. The FAA 

was a cooperating agency in the NEPA 

process and provided input during the 

ANG environmental process. 

Additionally, in accordance with FAA 

Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 404d, the FAA has 

independently evaluated the 

information contained in the FEA and is 

adopting the content that addresses 

FAA actions pursuant to 40 CFR 

1506.3(a) and (c) and has issued a 

FONSI/Record of Decision (ROD) dated 

May 2011. This final rule, which 

modifies the Camp Shelby. MS, 

restricted areas, will not result in 

significant environmental impacts. 

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 

■ 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. 

§ 73.44 [Amended] 

■ 2. Section 73.44 is amended as 

follows: 

* * * * * 

1. R–4401A Camp Shelby, MS [Amended] 

By removing the current boundaries, 

altitudes, time of designation and using 

agency and substituting the following: 

Boundaries. Beginning at lat. 31°12′55′′ N., 

long. 89°11′03′′ W.; to lat. 31°11′49′′ N., long. 

89°00′00′′ W.; to lat. 31°10′16′′ N., long. 

88°56′34′′ W.; to lat. 31°04′37′′ N., long. 

88°56′34′′ W.; to lat. 31°04′37′′ N., long. 

89°11′00′′ W.; to the point of beginning. 

Designated altitudes. Surface to but not 

including 4,000 feet MSL. 

Time of designation. By NOTAM at least 

24 hours in advance. 

Using agency. Commanding Officer, Camp 

Shelby, MS. 

2. R–4401B Camp Shelby, MS [Amended] 

By removing the current boundaries, 

designated altitudes, time of designation and 

using agency and substituting the following: 

Boundaries. Beginning at lat. 31°12′55′′ N., 

long. 89°11′03′′ W.; to lat. 31°11′49′′ N., long. 

89°00′00′′ W.; to lat. 31°10′16′′ N., long. 

88°56′34′′ W.; to lat. 31°04′37′′ N., long. 

88°56′34′′ W.; to lat. 31°04′37′′ N., long. 

89°11′00′′ W.; to the point of beginning. 

Designated altitudes. 4,000 feet MSL to but 

not including 10,000 feet MSL. 

Time of designation. By NOTAM at least 

24 hours in advance. 

Using agency. Commanding Officer, Camp 

Shelby, MS. 

3. R–4401C Camp Shelby, MS [Amended] 

By removing the current boundaries, 

designated altitudes, time of designation and 

using agency and substituting the following: 

Boundaries. Beginning at lat. 31°12′55′′ N., 

long. 89°11′03′′ W.; to lat. 31°11′49′′ N., long. 

89°00′00′′ W.; to lat. 31°10′16′′ N., long. 

88°56′34′′ W.; to lat. 31°04′37′′ N., long. 

88°56′34′′ W.; to lat. 31°04′37′′ N., long. 

89°11′00′′ W.; to the point of beginning. 

Designated altitudes. 10,000 feet MSL to 

but not including FL 180. 

Time of designation. By NOTAM at least 

24 hours in advance. 

Using agency. Commanding Officer, Camp 

Shelby, MS. 

4. R–4401D Camp Shelby, MS [New] 

Boundaries. Beginning at lat. 31°12′55′′ N., 

long. 89°11′03′′ W.; to lat. 31°11′49′′ N., long. 

89°00′00′′ W.; to lat. 31°10′16′′ N., long. 

88°56′34′′ W.; to lat. 31°04′37′′ N., long. 

88°56′34′′ W.; to lat. 31°04′37′′ N., long. 

89°11′00′′ W.; to the point of beginning. 

Designated altitudes. FL 180 to but not 

including FL 230. 

Time of designation. By NOTAM 4 hours 

in advance. 

Controlling agency. FAA, Houston ARTCC. 

Using agency. Commanding Officer, Camp 

Shelby, MS. 

5. R–4401E Camp Shelby, MS [New] 

Boundaries. Beginning at lat. 31°12′55′′ N., 

long. 89°11′03′′ W.; to lat. 31°11′49′′ N., long. 

89°00′00′′ W.; to lat. 31°10′16′′ N., long. 

88°56′34′′ W.; to lat. 31°04′37′′ N., long. 

88°56′34′′ W.; to lat. 31°04′37′′ N., long. 

89°11′00′′ W.; to the point of beginning. 

Designated altitudes. FL 230 to FL 290. 

Time of designation. By NOTAM four 

hours in advance. 

Controlling agency. FAA, Houston ARTCC. 

Using agency. Commanding Officer, Camp 

Shelby, MS. 

Issued in Washington, DC, on June 15, 

2011. 

Gary A. Norek, 

Acting Manager, Airspace, Regulations and 

ATC Procedures Group. 

[FR Doc. 2011–15702 Filed 6–22–11; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–1036–201138; FRL– 

9322–4] 

Approval and Promulgation of 

Implementation Plans and 

Designations of Areas for Air Quality 

Planning Purposes; Georgia: Atlanta; 

Determination of Attainment for the 

1997 8-Hour Ozone Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

determine that the Atlanta, Georgia 1997 

8-hour ozone nonattainment area has 

attained the 1997 8-hour ozone national 

ambient air quality standards (NAAQS) 

based on quality assured, quality 

controlled monitoring data from 2008– 

2010. The Atlanta, Georgia 1997 8-hour 

ozone nonattainment area (hereafter 

referred to as the ‘‘Atlanta Area’’ or ‘‘the 

Area’’) is comprised of Barrow, Bartow, 

Carroll, Cherokee, Clayton, Cobb, 

Coweta, Dekalb, Douglas, Fayette, 

Forsyth, Fulton, Gwinnett, Hall, Henry, 

Newton, Paulding, Rockdale, Spalding 

and Walton Counties in Georgia. This 


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