Federal Register / Vol. 73, No. 188 / Friday, September 26, 2008 / Rules and Regulations 55723 

The FAA uses the direct final rule 

procedure for non-controversial rules 

where the FAA believes that there will 

be no adverse public comment. This 

direct final rule advised the public that 

no adverse comments were anticipated, 

and that unless a written adverse 

comment, or a written notice of intent 

to submit an adverse comment, was 

received within the comment period, 

the regulation would become effective 

on September 25, 2008. No adverse 

comments were received; thus, this 

notice confirms that the direct final rule 

will become effective on this date. Also, 

the charting office recommended 

changing the airport description to 

include Mesa Vista Ranch Airport. 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

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

1963 Comp., p. 389. 

Correction 

■ In the Federal Register dated July 7, 

2008, Federal Register Docket No. 

FAA–2008–0610, page 38315, column 3, 

line 50, change to read: 

ASW TX Class E5 Pampa, Mesa Vista 

Ranch Airport, TX [New]. 

* * * * * 

Issued in Fort Worth, TX on September 17, 

2008. 

Roger Trevino, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. E8–22719 Filed 9–25–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2006–26192; Airspace 

Docket No. 06–ASO–11] 

RIN 2120–AA66 

Modification and Establishment of 

Restricted Areas and Other Special 

Use Airspace, Adirondack Airspace 

Complex; Fort Drum, NY 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action restructures the 

restricted areas and other special use 

airspace (SUA) located in the vicinity of 

Fort Drum, NY. The Air National Guard 

(ANG) requested redesign of existing 

restricted airspace R–5201, known as 

the Adirondack Airspace Complex, by 

establishing two new restricted areas: 

R–5202A and R–5202B, and by 

restructuring the military operations 

areas (MOA) contained in the 

Adirondack Airspace Complex. Unlike 

restricted areas, which are designated 

under 14 CFR part 73, MOAs are not 

rulemaking airspace actions. However, 

since these MOAs form an integral part 

of the Adirondack Airspace Complex, 

the FAA is including a description of 

the associated MOA changes in this 

rule. The MOA changes described here 

will also be published in the National 

Flight Data Digest (NFDD). The ANG 

requested these airspace changes to 

provide the additional SUA needed to 

conduct more realistic aircrew training 

in the Adirondack Airspace Complex. 

DATES: Effective Date: 0901 UTC, 

November 20, 2008. 

FOR FURTHER INFORMATION CONTACT: Paul 

Gallant, Airspace and Rules Group, 

Office of System Operations Airspace 

and AIM, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 6, 2007, the FAA published 

in the Federal Register a notice of 

proposed rulemaking (NPRM) to 

redesign the SUA in the vicinity of Fort 

Drum, NY (72 FR 31211). Interested 

parties were invited to participate in 

this rulemaking proceeding by 

submitting written comments on the 

proposal to the FAA. Seven responses 

were received. 

Discussion of Comments 

The Aircraft Owners and Pilots 

Association (AOPA) opposed the 

proposed Adirondack Airspace 

Complex modifications for several 

reasons. AOPA questioned the need for 

two nearly identical SUA expansions 

being developed within 150 nautical 

miles (NM) of one another (i.e., 

Adirondack Airspace Complex, NY and 

Condor MOA, ME). AOPA contended 

that expanding both Adirondack and 

Condor would result in redundant SUA 

and would not be efficient use of the 

National Airspace System (NAS). 

FAA Response: Many factors are 

considered in the development of SUA 

proposals including, but not limited to, 

distance of the proposed SUA from the 

user’s base, number of users to be 

accommodated and training capacity of 

the area. Ideally, MOAs should be 

located within 100 NM of the users’ 

home base. However, this is often not 

possible due to other requirements of 

the NAS. The greater the distance from 

the launch base to the SUA, the more 

transit time is required, which results in 

less training time available per sortie 

and increased training costs per sortie. 

The main distinction between the 

Adirondack and Condor SUA is the 

existence of restricted airspace at Fort 

Drum, NY. No restricted airspace is 

available at Condor; therefore, no 

hazardous activities may be conducted 

in that airspace. Use of the Condor 

airspace is limited to air-to-air tactics 

training, basic flight maneuvers, etc. 

The Adirondack Airspace Complex is 

used by as many as eight fighter wings 

for training in air-to-air tactics, and airto-ground weapons delivery, lasers, etc. 

In addition, Fort Drum is the home of 

the U.S. Army’s 10th Mountain Division 

and the restricted areas are extensively 

used for surface-based weapons training 

(e.g., artillery and mortar firing, 

missiles, etc.) by U.S. Army and 

National Guard units. The 174th FW at 

Syracuse, NY, is both the proponent and 

one of the primary users of the 

Adirondack Airspace Complex. The 

distance from Syracuse to Adirondack is 

about 72 NM and about 274 NM from 

Syracuse to the Condor airspace. While 

the 174th FW could conceivably use 

Condor for its air-to-air training, that 

would add some 400 NM travel 

distance—about one hour flying time— 

to the sortie and severely limit available 

training time. In addition, some training 

profiles combine both air-to-air and airto-ground events in the same sortie 

making it more efficient to conduct the 

entire sortie in the Adirondack airspace. 

At this time, the Condor MOA proposal 

is still under study and it must be 

analyzed and evaluated on its own 

merit. 

Additionally, AOPA stated its 

opposition to use of the ‘‘Dynamic 

Airspace concept’’ for airspace 

management as it has yet to be 

developed and defined. 

FAA Response: The ‘‘Dynamic 

Airspace concept’’ was not addressed in 

the NPRM and is not an FAArecognized term. The NPRM did 

indicate that one feature of the proposed 

airspace changes was to enable more 

efficient real-time use of the airspace. It 

is FAA policy that all SUA areas be 

activated on a real-time use basis to the 

extent possible. This means that only 

those SUA areas, or portions of areas, 

that are actually needed for the mission 

are activated, and users are expected to 

return the airspace to the controlling 

agency when not needed for the 

mission. Real-time use provisions are 

normally specified in a letter of 

agreement to allow the controlling 

agency to place temporary restrictions 

or altitude limitations on the use of the 

SUA, if required, so that 

nonparticipating aircraft can transit the 

SUA area. These provisions would be 


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55724 Federal Register / Vol. 73, No. 188 / Friday, September 26, 2008 / Rules and Regulations 

applied based on traffic conditions at 

the time. 

AOPA recommended that the FAA 

require a charted radio frequency and 

telephone number for all new SUA 

proposals to enable pilots to obtain realtime status information about the 

airspace. AOPA said that other military 

units, including the ANG’s Volk Field in 

Wisconsin, have successfully 

implemented charted frequencies and 

phone numbers. 

FAA Response: The FAA agrees with 

the use of charted frequencies and 

phone numbers where the capabilities 

exist. The Volk Field Combat Readiness 

Training Center is an advanced 

operation with multiple radar feeds into 

their facility and a dedicated VHF radio 

frequency for disseminating SUA 

information. Unfortunately, the 

Adirondack Airspace Complex 

proponent does not have the same 

capabilities as Volk Field. There is no 

military radar coverage and no 

dedicated radio frequency located at the 

ANG facility on Fort Drum to provide 

those services. However, Boston Air 

Route Traffic Control Center (ARTCC), 

which is the controlling agency for all 

Adirondack SUA except the Drum MOA 

and Wheeler-Sack Approach Control 

(Drum MOA controlling agency), will be 

able to provide real-time status for the 

airspace. Additionally, the Eastern Air 

Defense Sector (EADS), as the 

scheduling agency for all of the 

airspace, has agreed to provide a phone 

number for SUA scheduling information 

(1–800–223–5612, Prompt #3). 

AOPA also recommended that the 

managing unit for the Adirondack 

Airspace Complex be required to use the 

FAA’s Military Airspace Data Entry 

(MADE) SUA scheduling system to 

ensure that SUA information is 

available to Automated Flight Service 

Stations and other agencies. 

FAA Response: EADS, the airspace 

scheduling agency, supports this 

process and plans to use MADE to the 

maximum extent possible. 

Two commenters objected to the 

proposal based on the impact on flights 

between the areas to the south and west 

of the Adirondack Airspace Complex 

MOAs and towns in northern New York, 

such as Saranac Lake and Lake Placid. 

One commenter was concerned that a 

convenient VOR Federal airway would 

be eliminated. Another stated that, on 

Instrument Flight Rules (IFR) flights 

when using GPS for point-to-point 

direct navigation, about 50% of the 

time, he is vectored off the direct 

routing and sent to V–196. Both 

individuals feared that the expanded 

MOAs would result in flights being 

forced further east and directly over the 

highest mountain peaks where the 

minimum en route altitude is 10,000 

feet mean sea level (MSL). This would 

result in increased costs in both fuel and 

time and also decrease flight safety by 

placing the aircraft over inhospitable 

terrain and in an area where the worst 

icing is encountered. Further, the 

commenter doubted that the proposal to 

open parts of the MOAs for transit by 

civil aircraft would not be realized due 

to controller staffing and workload 

issues. 

FAA Response: The FAA 

acknowledges that the proposed new 

MOAs may have some impact on Visual 

Flight Rules and IFR traffic flying 

southwest/northeast through the region. 

However, several mitigations were 

incorporated to minimize the impacts. 

To better facilitate real-time use of the 

airspace, the proposed Tupper North 

airspace has been further spilt into two 

MOAs: the Tupper West and Tupper 

Central (the proposed Tupper North 

designation will not be used). The 

Tupper West MOA lies directly over the 

Cranberry MOA (Note: Cranberry 

extends from 500 feet above ground 

level (AGL) to but not including 6,000 

feet MSL). The Tupper Central MOA 

consists of the remainder of what was 

proposed as the Tupper North MOA. 

This new configuration will provide 

greater flexibility in accommodating 

both military activity and civil traffic in 

the area. Additionally, the letter of 

agreement with the using agency will 

provide Boston ARTCC the option to 

adjust the MOA floor as required to 

allow civil aircraft to traverse the 

Tupper MOA airspace. Despite the 

MOA expansions, Federal airway V–196 

will remain a viable means for transiting 

the area. 

One commenter, who flies an 

amphibian float plane between 

Rochester, NY, and the Thousand Island 

region of New York State, wrote with 

concerns about the impact of the 

airspace changes on the use of Maxson 

Field (89N) and Crystal Lake, within the 

Drum MOA. The commenter had similar 

concerns about the MOAs being too 

close to Piseco Airport (K09) and the 

Adirondack Regional Airport, Saranac 

Lake (SLK). The commenter cited the 

Adirondack D MOA as being too low 

and too close to Maxson and Crystal 

Lake and suggested that, instead of 

beginning at 500 feet AGL, the MOA 

should be raised to at least 2,000 feet 

AGL. 

FAA Response: Currently, the closest 

MOA to Maxson Field is the Drum 1 

MOA, which extends from 500 AGL to 

5,000 feet MSL. The western boundary 

of the existing Drum 1 MOA lies about 

2 1⁄2 NM east of the airport. With the 

airspace changes, the Drum 1 MOA is 

being reduced in size and renamed the 

Drum MOA. The new Drum MOA 

boundary will be moved further 

eastward increasing the distance from 

Maxson Field to about 5 NM, thereby 

reducing impacts on the airport. 

Although the commenter identified the 

new Adirondack D MOA as impacting 

Maxson Field and Crystal Lake, we 

believe the commenter meant Drum 

MOA. The Adirondack D MOA lies east 

of, and adjacent to, the new Drum MOA 

and extends upward from 5,000 feet 

MSL up to but not including Flight 

Level (FL) 180. Regarding the concerns 

about the proximity of the MOAs to the 

Piseco and Saranac Lake airports, the 

Piseco airport is located about 2 NM 

south of the Tupper South MOA 

boundary. The floor of the Tupper 

South MOA will vary seasonally ranging 

from 6,000 feet MSL during November 

through April, to 8,000 feet MSL during 

May through October. Although the new 

MOA does extend into close proximity 

to Piseco Field, with its field elevation 

of 1,703 feet MSL, ample airspace 

should be available for traffic patterns 

and airport arrivals and departures. The 

Adirondack Regional Airport is located 

directly under the eastern boundary of 

the new Tupper East MOA. The Tupper 

East MOA, with a floor of 10,000 feet 

MSL, was specifically designed as a 

separate area in order to minimize 

impacts to the Adirondack Regional 

Airport. While the published floor of the 

Tupper East MOA will remain at 10,000 

feet MSL to accommodate the mission 

when needed, the proponent has agreed 

that Boston ARTCC will routinely limit 

MOA users to a 12,000 foot floor. This 

will further minimize impacts on civil 

traffic in the Saranac Lake area. If the 

military mission requires a lower 

altitude, pilots will request the 10,000 

foot floor on a real-time basis. Boston 

ARTCC will have the option to approve 

the request if traffic permits. 

Comments were also received from 

the Adirondack Mountain Club, The 

Adirondack Council, and the 

Adirondack Park Agency. These 

organizations expressed support for the 

various mitigations included in the 

proposal for environmental and cultural 

impacts, but also noted general concerns 

about the impacts of low level flights 

and noise. However, no significant noise 

impacts are expected as a result of these 

airspace changes. Generally, noise levels 

are expected to remain consistent with 

existing levels, or be less across the 

complex. 

Adirondack Airspace Complex MOAs 

MOAs are non-rulemaking airspace 

actions that are established 


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Federal Register / Vol. 73, No. 188 / Friday, September 26, 2008 / Rules and Regulations 55725 

administratively and published in the 

NFDD. Since they are an integral part of 

the Adirondack Airspace Complex, the 

MOA changes were described in the 

NPRM and are included in this rule for 

information purposes. 

The ANG requested the MOA 

modifications to improve flight safety; 

enable more efficient real-time, joint-use 

management of the airspace; lessen or 

balance environmental impacts of the 

current MOA configuration; and permit 

more realistic aircrew training in the 

Adirondack Airspace Complex. Most of 

the redesigned MOAs are contained 

within airspace that is already 

designated as MOA. However, these 

modifications do encompass some 

additional airspace, both laterally and 

vertically, outside the current MOA 

boundaries to the east and south of the 

currently charted MOAs. 

There are several changes to the 

descriptions of the MOAs from those 

contained in the proposal. As discussed 

above, the proposed Tupper North MOA 

is further subdivided into the Tupper 

West and Tupper Central. The Tupper 

North title will not be used. This change 

enhances the real-time use of airspace 

and provides air traffic control with 

additional airspace management 

options. The northern boundary of the 

Cranberry MOA is moved south by 1⁄2

NM to avoid conflict with protected 

airspace for instrument procedures at 

Massena International Airport— 

Richards Field, NY. One common point 

that is shared in the descriptions of the 

Adirondack B, Adirondack D and Drum 

MOAs was listed differently in the 

proposed descriptions and is corrected 

to lat. 44°19′00′′ N., long. 75°37′05′′ W. 

The controlling agency for all of the 

Adirondack airspace, except the Drum 

MOA, is Boston ARTCC. The controlling 

agency for the Drum MOA is WheelerSack Approach Control. The using 

agency for all of the MOAs is the New 

York ANG, 174th Fighter Wing, 

Detachment 1, Fort Drum, NY. 

In consideration of the above, the nine 

existing MOAs in the Adirondack 

Airspace Complex (i.e., Drum 1 MOA, 

Drum 2 MOA, Falcon 1 MOA, Falcon 3 

MOA, Syracuse 1 MOA, Syracuse 2A 

MOA, Syracuse 2B MOA, Syracuse 3 

MOA, and Syracuse 4 MOA), are 

cancelled and are replaced by 13 new 

MOAs as follows: 

1. Adirondack A MOA, NY [New] 

Boundaries. Beginning at lat. 44°30′00′′ N., 

long. 75°20′00′′ W.; to lat. 44°36′00′′ N., long. 

75°03′00′′ W.; to lat. 44°30′00′′ N., long. 

75°03′00′′ W.; to the point of beginning. 

Altitudes. 6,000 feet MSL to but not 

including FL 180. 

Times of use. May 1–August 31: 0800–1700 

Monday–Friday; other times by NOTAM. 

September 1–April 30: 0800–2200 Monday– 

Friday; other times by NOTAM. 

2. Adirondack B MOA, NY [New] 

Boundaries. Beginning at lat. 44°19′00′′ N., 

long. 75°37′05′′ W.; to lat. 44°26′30′′ N., long. 

75°30′00′′ W.; to lat. 44°30′00′′ N., long. 

75°20′00′′ W.; to lat. 44°30′00′′ N., long. 

75°03′00′′ W.; to lat. 44°27′30′′ N., long. 

75°03′00′′ W.; to lat. 44°20′20′′ N., long. 

75°10′30′′ W.; to lat. 44°15′09′′ N., long. 

75°30′42′′ W.; to lat. 44°16′07′′ N., long. 

75°32′41′′ W.; to the point of beginning; 

excluding R–5202B when active. 

Altitudes. 2,500 feet MSL to but not 

including FL 180. 

Times of use. May 1–August 31: 0800–1700 

Monday–Friday; other times by NOTAM. 

September 1–April 30: 0800–2200 Monday– 

Friday; other times by NOTAM. 

3. Adirondack C MOA, NY [New] 

Boundaries. Beginning at lat. 44°15′09′′ N., 

long. 75°30′42′′ W.; to lat. 44°20′20′′ N., long. 

75°10′30′′ W.; to lat. 44°27′30′′ N., long. 

75°03′00′′ W.; to lat. 44°06′00′′ N., long. 

75°03′00′′ W.; to lat. 44°06′00′′ N., long. 

75°28′49′′ W.; to lat. 44°07′10′′ N., long. 

75°26′49′′ W.; to lat. 44°11′24′′ N., long. 

75°22′59′′ W.; to the point of beginning; 

excluding R–5202B when active. 

Altitudes. 100 feet AGL to but not 

including FL 180. 

Times of use. May 1–August 31: 0800–1700 

Monday–Friday; other times by NOTAM. 

September 1–April 30: 0800–2200 Monday– 

Friday; other times by NOTAM. 

4. Adirondack D MOA, NY [New] 

Boundaries. Beginning at lat. 44°11′50′′ N., 

long. 75°43′53′′ W.; to lat. 44°19′00′′ N., long. 

75°37′05′′ W.; to lat. 44°16′07′′ N., long. 

75°32′41′′ W.; to lat. 44°10′50′′ N., long. 

75°38′59′′ W.; to lat. 44°09′34′′ N., long. 

75°40′00′′ W.; to the point of beginning; 

excluding R–5202B when active. 

Altitudes. 5,000 feet MSL to but not 

including FL 180. 

Times of use. May 1–August 31: 0800–1700 

Monday–Friday; other times by NOTAM. 

September 1–April 30: 0800–2200 Monday– 

Friday; other times by NOTAM. 

5. Carthage East MOA, NY [New] 

Boundaries. Beginning at lat. 44°01′05′′ N., 

long. 75°37′14′′ W.; to lat. 44°06′00′′ N., long. 

75°28′49′′ W.; to lat. 44°06′00′′ N., long. 

75°03′00′′ W.; to lat. 43°53′00′′ N., long. 

75°03′00′′ W.; to lat. 43°53′00′′ N., long. 

75°35′00′′ W.; to the point of beginning. 

Altitudes. 100 feet AGL to but not 

including FL 180. 

Times of use. May 1–August 31: 0800–1700 

Monday–Friday; other times by NOTAM. 

September 1–April 30: 0800–2200 Monday– 

Friday; other times by NOTAM. 

6. Carthage West MOA, NY [New] 

Boundaries. Beginning at lat. 43°44′00′′ N., 

long. 75°52′00′′ W.; to lat. 44°11′50′′ N., long. 

75°43′53′′ W.; to lat. 44°09′34′′ N., long. 

75°40′00′′ W.; to lat. 44°06′55′′ N., long. 

75°42′09′′ W.; to lat. 44°03′20′′ N., long. 

75°40′49′′ W.; to lat. 44°01′05′′ N., long. 

75°37′14′′ W.; to lat. 43°53′00′′ N., long. 

75°35′00′′ W.; to the point of beginning. 

Altitudes. 6,000 feet MSL to but not 

including FL 180. 

Times of use. May 1–August 31: 0800–1700 

Monday–Friday; other times by NOTAM. 

September 1–April 30: 0800–2200 Monday– 

Friday; other times by NOTAM. 

7. Cranberry MOA, NY [New] 

Boundaries. Beginning at lat. 44°35′30′′ N., 

long. 75°03′00′′ W.; to lat. 44°36′00′′ N., long. 

75°00′00′′ W.; to lat. 44°36′00′′ N., long. 

74°35′00′′ W.; to lat. 44°15′00′′ N., long. 

74°35′00′′ W.; to lat. 43°53′00′′ N., long. 

75°03′00′′ W.; to the point of beginning. 

Altitudes. 500 feet AGL to but not 

including 6,000 feet MSL. 

Times of use. November 1–April 30: 0800– 

2200 Monday–Friday; other times by 

NOTAM; May 1–October 31: Area closed. 

8. Drum MOA, NY [New] 

Boundaries. Beginning at lat. 44°14′49′′ N., 

long. 75°49′00′′ W.; to lat. 44°19′00′′ N., long. 

75°44′30′′ W.; to lat. 44°19′00′′ N., long. 

75°37′05′′ W.; to lat. 44°16′07′′ N., long. 

75°32′41′′ W.; to lat. 44°10′50′′ N., long. 

75°38′59′′ W.; to lat. 44°09′34′′ N., long. 

75°40′00′′ W.; to the point of beginning. 

Altitudes. 500 feet AGL to but not 

including 5,000 feet MSL. 

Times of use. May 1–August 31: 0800–1700 

Monday–Friday; other times by NOTAM. 

September 1–April 30: 0800–2200 Monday– 

Friday; other times by NOTAM. 

9. Lowville MOA, NY [New] 

Boundaries. Beginning at lat. 43°44′00′′ N., 

long. 75°52′00′′ W.; to lat. 43°53′00′′ N., long. 

75°35′00′′ W.; to lat. 43°53′00′′ N., long. 

75°03′00′′ W.; to lat. 43°30′00′′ N., long. 

75°03′00′′ W.; to lat. 43°30′00′′ N., long. 

75°52′00′′ W.; to the point of beginning. 

Altitudes. 100 feet AGL to but not 

including FL 180. 

Times of use. May 1–August 31: 0800–1700 

Monday–Friday; other times by NOTAM. 

September 1–April 30: 0800–2200 Monday– 

Friday; other times by NOTAM. 

10. Tupper West MOA, NY [New] 

Boundaries. Beginning at lat. 44°36′00′′ N., 

long. 75°03′00′′ W.; to lat. 44°36′00′′ N., long. 

74°35′00′′ W.; to lat. 44°15′00′′ N., long. 

74°35′00′′ W.; to lat. 43°53′00′′ N., long. 

75°03′00′′ W.; to the point of beginning. 

Altitudes. May 1–October 31: 8,000 feet 

MSL to but not including FL 180; November 

1–April 30: 6,000 feet MSL to but not 

including FL 180. 

Times of use. May 1–August 31: 0800–1700 

Monday–Friday; other times by NOTAM. 

September 1–April 30: 0800–2200 Monday– 

Friday; other times by NOTAM. 

11. Tupper Central MOA, NY [New] 

Boundaries. Beginning at lat. 44°36′00′′ N., 

long. 74°35′00′′ W.; to lat. 44°36′00′′ N., long. 

74°21′00′′ W.; to lat. 44°14′00′′ N., long. 

74°21′00′′ W.; to lat. 44°06′00′′ N., long. 

74°12′00′′ W.; to lat. 43°53′00′′ N., long. 

74°12′00′′ W.; to lat. 43°53′00′′ N., long. 

75°03′00′′ W.; to lat. 44°15′00′′ N., long. 

74°35′00′′ W.; to the point of beginning. 

Altitudes. May 1–October 31: 8,000 feet 

MSL to but not including FL 180; November 


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1–April 30: 6,000 feet MSL to but not 

including FL 180. 

Times of use. May 1–August 31: 0800–1700 

Monday–Friday; other times by NOTAM. 

September 1–April 30: 0800–2200 Monday– 

Friday; other times by NOTAM. 

12. Tupper South MOA, NY [New] 

Boundaries. Beginning at lat. 43°53′00′′ N., 

long. 75°03′00′′ W.; to lat. 43°53′00′′ N., long. 

74°12′00′′ W.; to lat. 43°40′00′′ N., long. 

74°12′00′′ W.; to lat. 43°30′00′′ N., long. 

74°21′00′′ W.; to lat. 43°30′00′′ N., long. 

75°03′00′′ W.; to the point of beginning. 

Altitudes. May 1–October 31: 8,000 feet 

MSL to but not including FL 180; November 

1–April 30: 6,000 feet MSL to but not 

including FL 180. 

Times of use. May 1–August 31: 0800–1700 

Monday–Friday; other times by NOTAM. 

September 1–April 30: 0800–2200 Monday– 

Friday; other times by NOTAM. 

13. Tupper East MOA, NY [New] 

Boundaries. Beginning at lat. 44°36′00′′ N., 

long. 74°21′00′′ W.; to lat. 44°36′00′′ N., long. 

74°12′00′′ W.; to lat. 44°06′00′′ N., long. 

74°12′00′′ W.; to lat. 44°14′00′′ N., long. 

74°21′00′′ W.; to the point of beginning. 

Altitudes. 10,000 feet MSL to but not 

including FL 180. 

Times of use. May 1–August 31: 0800–1700 

Monday–Friday; other times by NOTAM. 

September 1–April 30: 0800–2200 Monday– 

Friday; other times by NOTAM. 

The Rule 

The FAA is amending Title 14 Code 

of Federal Regulations (14 CFR) part 73 

to establish two new restricted areas, 

R–5202A and R–5202B, in the vicinity 

of Fort Drum, NY. The new restricted 

areas supplement the existing restricted 

area, R–5201, to enable aircrews to train 

in high altitude, long range weapons 

delivery and other modern tactics at the 

Adirondack Range. In the NPRM, the 

FAA also proposed to change the 

designated altitudes of R–5201 from 

‘‘Surface to 23,000 feet MSL,’’ to 

‘‘Surface to but not including 23,000 

feet MSL.’’ After further discussions 

between the controlling agency and the 

proponent, it was determined that this 

change is not needed; therefore, R–5201 

will not be modified as proposed. As a 

result, the proposed FL 230 base 

altitude of the new restricted area, R– 

5202A, which overlies R–5201, is 

changed to 23,000 feet MSL to be 

consistent with the ceiling of R–5201. In 

addition, the NPRM contained an 

incorrect date in the time of designation 

for R–5202A and R–5202B. The portion 

of the time of designation stated in the 

NPRM as ‘‘May 1–August 21’’ should 

read ‘‘May 1–August 31.’’ The correct 

dates are included in this rule. Except 

as noted above, the restricted area 

descriptions are the same as proposed in 

the NPRM. 

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, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

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 special use airspace in New 

York. 

Environmental Review 

The FAA has determined that the 

Final Environmental Assessment (FEA) 

prepared by the Air National Guard 

associated with the proposed project is 

adequate for adoption 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 

takes full responsibility for the scope 

and content that addresses FAA actions. 

Further, the FAA has issued its own 

Finding of No Significant Impact. 

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. 

§ 73.52 [Amended] 

■ 2. § 73.52 is amended as follows: 

* * * * * 

R–5202A Fort Drum, NY [New] 

Boundaries. Beginning at lat. 44°01′05′′ N., 

long. 75°37′14′′ W.; to lat. 44°03′20′′ N., long. 

75°40′49′′ W.; to lat. 44°06′55′′ N., long. 

75°42′09′′ W.; to lat. 44°10′50′′ N., long. 

75°38′59′′ W.; to lat. 44°16′07′′ N., long. 

75°32′41′′ W.; to lat. 44°11′24′′ N., long. 

75°22′59′′ W.; to lat. 44°07′10′′ N., long. 

75°26′49′′ W.; to the point of beginning. 

Designated altitudes. 23,000 feet MSL to FL 

290. 

Time of designation. May 1–August 31: 

0800–1700 local time, Monday–Friday; other 

times by NOTAM. September 1–April 30: 

0800–2200 local time, Monday–Friday; other 

times by NOTAM. 

Controlling agency. FAA, Boston ARTCC. 

Using agency. NY ANG, 174FW/Det 1, Fort 

Drum, NY. 

* * * * * 

R–5202B Fort Drum, NY [New] 

Boundaries. Beginning at lat. 44°10′18′′ N., 

long. 75°41′18′′ W.; to lat. 44°20′32′′ N., long. 

75°32′04′′ W.; to lat. 44°14′00′′ N., long. 

75°17′00′′ W.; to lat. 44°06′00′′ N., long. 

75°25′10′′ W.; to lat. 44°06′00′′ N., long. 

75°28′49′′ W.; to lat. 44°07′10′′ N., long. 

75°26′49′′ W.; to lat. 44°11′24′′ N., long. 

75°22′59′′ W.; to lat. 44°16′07′′ N., long. 

75°32′41′′ W.; to lat. 44°10′50′′ N., long. 

75°38′59′′ W.; to lat. 44°09′34′′ N., long. 

75°40′00′′ W.; to the point of beginning. 

Designated altitudes. 6,000 feet MSL to FL 

290. 

Time of designation. May 1–August 31: 

0800–1700 local time, Monday–Friday; other 

times by NOTAM. September 1–April 30: 

0800–2200 local time, Monday–Friday; other 

times by NOTAM. 

Controlling agency. FAA, Boston ARTCC. 

Using agency. NY ANG, 174FW/Det 1, Fort 

Drum, NY. 

* * * * * 

Issued in Washington, DC, on September 

12, 2008. 

Edith V. Parish, 

Manager, Airspace & Rules Group. 

[FR Doc. E8–22646 Filed 9–25–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Parts 260, 284 and 385 

[Docket No. RM07–10–001; Order No. 704– 

A] 

Transparency Provisions of Section 23 

of the Natural Gas Act 

Issued September 18, 2008. 

AGENCY: Federal Energy Regulatory 

Commission. 

ACTION: Order on Rehearing and 

Clarification. 

SUMMARY: The Federal Energy 

Regulatory Commission affirms its basic 


sroberts on PROD1PC70 with RULES