77386 Federal Register / Vol. 76, No. 239 / Tuesday, December 13, 2011 / Rules and Regulations 

[FR Doc. 2011–31847 Filed 12–12–11; 8:45 am] 

BILLING CODE 4910–13–C 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2011–0104; Airspace 

Docket No. 11–AEA–2] 

RIN 2120–AA66 

Amendment to and Establishment of 

Restricted Areas; Warren Grove, NJ 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes two 

new restricted areas at the Warren Grove 

Range, NJ. In addition, the using agency 

for all Warren Grove restricted areas is 

updated to reflect the current 

organization tasked with that 

responsibility. The FAA is taking this 

action to provide the airspace needed 

for realistic military training so that 

aircrews can acquire and maintain 

proficiency in high altitude weapons 

employment and other modern tactics. 

DATES: Effective Dates: 0901 UTC, 

February 9, 2012. 

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: 

History 

On Wednesday, March 2, 2011, the 

FAA published in the Federal Register 

a notice of proposed rulemaking 

(NPRM) to expand the Warren Grove 

Range in order to raise the maximum 

altitude of the range (76 FR 11399). 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal. Two comments were received. 

The commenters wrote that Warren 

Grove Range operations should be 

moved to another location that is less 

congested. As stated in the NPRM, 

military use of the airspace near Warren 


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Federal Register / Vol. 76, No. 239 / Tuesday, December 13, 2011 / Rules and Regulations 77387 

Grove, Ocean County, NJ, dates back to 

World War II. The range is currently 

used as the primary training complex by 

numerous fighter units. In addition, all 

four military services use the range for 

a variety of military air and ground 

training exercises. Since no other ranges 

that can accommodate essential high 

altitude weapons delivery and precision 

munitions training are located within a 

reasonable flying distance of the using 

units, it is impractical to relocate the 

Warren Grove Range. 

The Rule 

The FAA is amending to 14 CFR part 

73 to establish two new restricted areas 

(designated R–5002F and R–5002G) at 

the Warren Grove Range, NJ. This action 

raises the restricted area ceiling at the 

range from 14,000 feet mean sea level 

(MSL) to flight level (FL) 230. In 

addition this action expands the lateral 

limits of restricted airspace at the range, 

but only between the altitudes of FL 200 

and FL 230. The new R–5002F overlies 

the existing R–5002A, and R–5002E, 

and part of R–5002B, and extends from 

14,000 feet MSL up to, but not 

including, FL 200. A second new 

restricted area, R–5002G, extends from 

FL 200 up to FL 230. R–5002G overlies 

the new R–5002F. To provide the 

required expanded lateral space 

between FL 200 and FL 230, the 

boundaries of R–5002G extend 

approximately 15 nautical miles (NM) to 

the northeast and 8 NM to the east, of 

the current range boundaries. 

In addition to the establishment of 

R–5002F and R–5002G, the following 

minor changes to the descriptions of the 

existing Warren Grove restricted areas 

are made. The using agency for the five 

existing areas is changed from the 

‘‘108th Air Refueling Wing, McGuire 

AFB, NJ,’’ to the ‘‘177th Fighter Wing, 

Atlantic City, NJ.’’ This change reflects 

current organization responsible for the 

range. The new wording change is made 

to add the words ‘‘to but not including’’ 

before the 14,000 foot altitude. The 

boundaries and times of use of 

R–5002A, B, C, D and E are not changed 

by this action. The designated altitudes 

for R–5002C and D remain as currently 

published. 

Use of the newly established R–5002F 

and G will be coordinated on a real time 

basis. The two areas will only be 

activated with concurrent release by 

New York Air Route Traffic Control 

Center (ARTCC) and Washington 

ARTCC. To minimize potential impact 

to Instrument Flight Rules (IFR) traffic 

flows, the FAA will only authorize 

activation of these areas when New 

York and Washington ARTCCs 

determine there would be minimal to no 

impact on IFR traffic operating in the 

affected area. In addition, the FAA will 

be able to recall the airspace, if needed, 

on five minutes notice. A Letter of 

Agreement between New York ARTCC, 

Washington ARTCC and the using 

agency will define the roles, 

responsibilities and procedures for the 

activation of R–5002F and G. Pilots 

seeking information about the activity 

status of R–5002 should contact New 

York ARTCC on the frequency listed in 

the ‘‘Special Use Airspace’’ panel of the 

Washington Sectional Aeronautical 

Chart. New York ARTCC will continue 

to provide VFR traffic advisories, as 

prescribed in current FAA directives, to 

those aircraft requesting them. 

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 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 rule, 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 area airspace at Warren Grove, 

NJ. 

Environmental Review 

The FAA has conducted an 

independent evaluation of the proposed 

action under the National 

Environmental Policy Act. In 

accordance with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures’’, paragraph 401(p)(5), the 

FAA has determined that the airspace 

action requires no further 

environmental analysis. This airspace 

action raises the ceiling of the special 

use airspace without increasing or 

changing operations; therefore, it is not 

expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exists 

that warrant preparation of an 

environmental assessment. 

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(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 73.50 [Amended] 

■ 2. Section 73.50 is amended as 

follows: 

* * * * * 

1. R–5002A Warren Grove, NJ [Amended] 

By removing the current designated 

altitudes and using agency and substituting 

the following: 

Designated altitudes. Surface to but not 

including 14,000 feet MSL. 

Using agency. New Jersey ANG, 177th 

Fighter Wing, Atlantic City, NJ. 

* * * * * 

2. R–5002B Warren Grove, NJ [Amended] 

By removing the current designated 

altitudes and using agency and substituting 

the following: 

Designated altitudes. 1,000 feet MSL to but 

not including 14,000 feet MSL. 

Using agency. New Jersey ANG, 177th 

Fighter Wing, Atlantic City, NJ. 

* * * * * 

3. R–5002C Warren Grove, NJ [Amended] 

By removing the current using agency and 

substituting the following: 

Using agency. New Jersey ANG, 177th 

Fighter Wing, Atlantic City, NJ. 

* * * * * 

4. R–5002D Warren Grove, NJ [Amended] 

By removing the current using agency and 

substituting the following: 

Using agency. New Jersey ANG, 177th 

Fighter Wing, Atlantic City, NJ. 

* * * * * 

5. R–5002E Warren Grove, NJ [Amended] 

By removing the current designated 

altitudes and using agency and substituting 

the following: 

Designated altitudes. 3,500 feet MSL to but 

not including 14,000 feet MSL. 


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77388 Federal Register / Vol. 76, No. 239 / Tuesday, December 13, 2011 / Rules and Regulations 

Using agency. New Jersey ANG, 177th 

Fighter Wing, Atlantic City, NJ. 

* * * * * 

6. R–5002F Warren Grove, NJ [New] 

Boundaries. Beginning at lat. 39°43′25′′ N., 

long. 74°17′36′′ W.; 

to lat. 39°40′10′′ N., long. 74°20′14′′ W.; to 

lat. 39°38′50′′ N., long. 74°21′19′′ W.; to lat. 

39°38′25′′ N., long. 74°22′05′′ W.; to lat. 

39°38′25′′ N., long. 74°24′19′′ W.; to lat. 

39°38′30′′ N., long. 74°29′29′′ W.; to lat. 

39°39′20′′ N., long. 74°29′59′′ W.; to lat. 

39°44′50′′ N., long. 74°24′39′′ W.; to lat. 

39°44′50′′ N., long. 74°19′19′′ W.; to the point 

of beginning. 

Designated altitudes. 14,000 feet MSL to 

but not including FL 200. 

Time of designation. Sunrise to sunset; 

other times as activated by NOTAM issued at 

least 48 hours in advance. 

Controlling agency. FAA, New York 

ARTCC. 

Using agency. New Jersey ANG, 177th 

Fighter Wing, Atlantic City, NJ. 

* * * * * 

7. R–5002G Warren Grove, NJ [New] 

Boundaries. Beginning at lat. 39°49′02′′ N., 

long. 74°00′45′′ W.; to lat. 39°38′18′′ N., long. 

74°12′34′′ W.; to lat. 39°38′25′′ N., long. 

74°22′05′′ W.; to lat. 39°38′25′′ N., long. 

74°24′19′′ W.; to lat. 39°38′30′′ N., long. 

74°29′29′′ W.; to lat. 39°39′20′′ N., long. 

74°29′59′′ W.; to lat. 39°44′50′′ N., long. 

74°24′39′′ W.; to lat. 39°49′02′′ N., long. 

74°16′18′′ W.; to point of beginning. 

Designated altitudes. FL 200 to FL 230. 

Time of designation. Sunrise to sunset; 

other times as activated by NOTAM issued at 

least 48 hours in advance. 

Controlling agency. FAA, New York 

ARTCC. 

Using agency. New Jersey ANG, 177th 

Fighter Wing, Atlantic City, NJ. 

Issued in Washington, DC, on December 5, 

2011. 

Gary A. Norek, 

Acting Manager, Airspace, Regulations and 

ATC Procedures Group. 

[FR Doc. 2011–31853 Filed 12–12–11; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1999–0013; FRL–9503–9] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the Hiteman Leather Superfund Site 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA, Region 2, is publishing 

a direct final Notice of Deletion of the 

Hiteman Leather Superfund Site (Site), 

located in West Winfield, Herkimer 

County, New York, from the National 

Priorities List (NPL). The NPL, 

promulgated pursuant to section 105 of 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

an appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP).This direct 

final Notice of Deletion is being 

published by EPA with the concurrence 

of the State of New York, through the 

New York State Department of 

Environmental Conservation (NYSDEC). 

EPA and NYSDEC have determined that 

all appropriate response actions under 

CERCLA, other than monitoring and 

maintenance (M&M) and five-year 

reviews, have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. 

DATES: This direct final deletion will be 

effective February 13, 2012 unless EPA 

receives significant adverse comments 

by January 12, 2012. If significant 

adverse comments are received, EPA 

will publish a timely withdrawal of this 

direct final deletion in the Federal 

Register, informing the public that the 

deletion will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–1999–0013, by one of the 

following methods: 

Web site: http://www.regulations.gov. 

Follow the on-line instructions for 

submitting comments. 

Email: mongelli.thomas@epa.gov. 

Fax: To the attention of Thomas 

Mongelli at (212) 637–3966. 

Mail: To the attention of Thomas 

Mongelli, Remedial Project Manager, 

Emergency and Remedial Response 

Division, U.S. Environmental Protection 

Agency, Region 2, 290 Broadway, 20th 

Floor, New York, NY 10007–1866. 

Hand Delivery: Superfund Records 

Center, 290 Broadway, 18th Floor, New 

York, NY 10007–1866 (telephone: (212) 

637–4308). Such deliveries are only 

accepted during the Record Center’s 

normal hours of operation (Monday to 

Friday from 9 a.m. to 5 p.m.). Special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID no. EPA–HQ–SFUND–1999– 

0013. EPA’s policy is that all comments 

received will be included in the Docket 

without change and may be made 

available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or via email. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your 

comments. If you send comments to 

EPA via email, your email address will 

be included as part of the comment that 

is placed in the Docket and made 

available on the Web site. If you submit 

electronic comments, EPA recommends 

that you include your name and other 

contact information in the body of your 

comments and with any disks or CD– 

ROMs that you submit. If EPA cannot 

read your comments due to technical 

difficulties and cannot contact you for 

clarification, EPA may not be able to 

consider your comments. Electronic 

files should avoid the use of special 

characters and any form of encryption 

and should be free of any defects or 

viruses. 

Docket: All documents in the Docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available Docket 

materials can be viewed electronically 

at http://www.regulations.gov or 

obtained in hard copy at: 

U.S. Environmental Protection Agency, 

Region 2, Superfund Records Center, 

290 Broadway, 18th Floor, New York, 

NY 10007–1866, Phone: (212) 637– 

4308, Hours: Monday to Friday from 

9 a.m. to 5 p.m. 

and 

West Winfield Library, Bisby Hall, 179 

South Street, West Winfield, NY 

13491, Phone: (315) 822–6394, Hours: 

Monday, Tuesday, Thursday, and 

Friday from 12:30–5:30 p.m., 

Wednesday from 10 a.m.–12 p.m. and 

6–8 p.m., and Saturdays from 10 

a.m.–12 p.m. (Sept.–May). 

FOR FURTHER INFORMATION CONTACT: 

Thomas Mongelli, Remedial Project 

Manager, by mail at Emergency and 

Remedial Response Division, U.S. 

Environmental Protection Agency, 

Region 2, 290 Broadway, 20th floor, 

New York, NY 10007–1866; telephone 

at (212) 637–4256; fax at (212) 637– 

3966; or email at 

mongelli.thomas@epa.gov. 

SUPPLEMENTARY INFORMATION: 


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