

[Federal Register: February 20, 2008 (Volume 73, Number 34)]
[Proposed Rules]               
[Page 9241-9243]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20fe08-27]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2008-0110; Airspace Docket No. 07-ASW-8]
RIN 2120-AA66

 
Proposed Modification of Restricted Areas R-4401A, R-4401B, and 
R-4401C; Camp Shelby, MS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes a minor expansion of Restricted Areas R-
4401A, B, and C, Camp Shelby, MS, by moving the southeastern corner of 
the areas approximately two nautical miles to the

[[Page 9242]]

east of the current position. This change would ensure that aircraft 
conducting high altitude munitions delivery training at Camp Shelby 
remain within the confines of restricted airspace.

DATES: Comments must be received on or before April 7, 2008.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Management Facility, Docket Operations, M-30, 
1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, 
Washington, DC 20590-0001; telephone: (202) 366-9826. You must identify 
FAA Docket No. FAA-2008-0110 and Airspace Docket No. 07-ASW-8, at the 
beginning of your comments. You may also submit comments through the 
Internet at http://www.regulations.gov.


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: 

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments as they 
may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No. 
FAA-2008-0110 and Airspace Docket No. 07-ASW-8) and be submitted in 
triplicate to the Docket Management Facility (see ADDRESSES section for 
address and phone number). You may also submit comments through the 
Internet at http://www.regulations.gov.

    Commenters wishing the FAA to acknowledge receipt of their comments 
on this action must submit with those comments a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to FAA Docket No. FAA-2008-0110 and Airspace Docket No. 07-ASW-8.'' The 
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date 
for comments will be considered before taking action on the proposed 
rule. The proposal contained in this action may be changed in light of 
comments received. All comments submitted will be available for 
examination in the public docket both before and after the closing date 
for comments. A report summarizing each substantive public contact with 
FAA personnel concerned with this rulemaking will be filed in the 
docket.
    Comments on environmental and land use aspects of this proposal may 
be sent to: Air National Guard Readiness Center, Chief, Environmental 
Planning Branch, NGB/A7CVP, 3500 Fetchet Avenue, Andrews Air Force 
Base, MD 20762-5157.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the 
Internet at http://www.regulations.gov Recently published rulemaking documents can also be accessed through the FAA's webpage at http://.

www.faa.gov or the Federal Register's webpage at http://www.gpoaccess.gov/fr/index.html
.

    You may review the public docket containing the proposal, any 
comments received and any final disposition in person at the Docket 
Management Facility (see ADDRESSES section for address and phone 
number) between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. An informal docket may also be examined during normal 
business hours at the office of the Central Service Center, Federal 
Aviation Administration, 2601 Meacham Blvd.; Fort Worth, TX 76193-0500.
    Persons interested in being placed on a mailing list for future 
NPRMs should contact the FAA's Office of Rulemaking, (202) 267-9677, 
for a copy of Advisory Circular No. 11-2A, Notice of Proposed 
Rulemaking Distribution System, which describes the application 
procedure.

Background

    Restricted Areas R-4401A, B, and C, at Camp Shelby, MS, share a 
common boundary and overlie one another to provide restricted airspace, 
in layers, from ground level up to 29,000 feet MSL. The airspace is 
used to contain a variety of hazardous activities including air-to-
ground live fire operations and ground-based live fire operations. 
Changes in fighter aircraft tactics have placed emphasis on training 
for high altitude munitions deliveries. It has been found that the 
current restricted areas do not provide enough airspace for high 
altitude delivery maneuvers. As a result, aircraft often spill-out into 
airspace controlled by Houston Air Route Traffic Control Center during 
the maneuvers. A minor expansion of the restricted areas on the east 
side would alleviate this problem.

The Proposal

    At the request of the Air National Guard (ANG), the FAA is 
proposing an amendment to Title 14 Code of Federal Regulations (14 CFR) 
part 73 to expand the size of Restricted Areas R-4401A, B, and C, at 
Camp Shelby, MS. The proposed minor modification would expand the 
restricted areas on the east side by moving the southeast corner of the 
areas approximately two nautical miles to the east of the current 
position. This change would provide additional airspace to ensure that 
aircraft maneuvering for high altitude munitions delivery training 
would remain within the confines of restricted airspace. The expanded 
restricted area boundary would extend into the existing De Soto 1 
Military Operations Area (MOA), which lies adjacent to R-4401A and B. 
The De Soto 1 MOA boundary would also be modified to coincide with the 
revised restricted area boundary.
    Section 73.34 of Title 14 CFR part 73 was republished in FAA Order 
7400.8N, effective February 16, 2007.
    The FAA has determined that this proposed 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 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 proposed 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

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efficient use of airspace. This regulation is within the scope of that 
authority as it would modify R-4401A, B, and C, Camp Shelby, MS, to 
provide sufficient restricted airspace to contain hazardous activities.

Related Airspace Proposal

    In addition to the proposed restricted area modification described 
above, the ANG is also requesting the FAA to modify the Military 
Operations Areas (MOA) associated with the Camp Shelby range. MOAs are 
not regulatory airspace and, therefore, are not published in 14 CFR 
part 73. The ANG is requesting additional MOA airspace above the 
current De Soto 1 and De Soto 2 MOAs, to extend the MOA airspace 
supporting the range, up to 17,999 feet MSL. The FAA will seek comment 
on this separate airspace proposal through nonrulemaking procedures.

Environmental Review

    This proposal will be subject to an environmental analysis in 
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies 
and Procedures,'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 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.


Sec.  73.44  [Amended]

    2. Sec.  73.44 is amended as follows:
* * * * *

R-4401A Camp Shelby, MS [Amended]

    By removing the current boundaries and substituting the 
following:
    Boundaries. Beginning at lat. 31[deg]12'55'' N., long. 
89[deg]11'03'' W.; to lat. 31[deg]11'49'' N., long. 89[deg]00'00'' 
W.; to lat. 31[deg]10'16'' N., long. 88[deg]56'34'' W.; to lat. 
31[deg]04'37'' N., long. 88[deg]56'34'' W.; to lat. 31[deg]04'37'' 
N., long. 89[deg]11'00'' W.; to the point of beginning.
* * * * *

R-4401B Camp Shelby, MS [Amended]

    By removing the current boundaries and substituting the 
following:
    Boundaries. Beginning at lat. 31[deg]12'55'' N., long. 
89[deg]11'03'' W.; to lat. 31[deg]11'49'' N., long. 89[deg]00'00'' 
W.; to lat. 31[deg]10'16'' N., long. 88[deg]56'34'' W.; to lat. 
31[deg]04'37'' N., long. 88[deg]56'34'' W.; to lat. 31[deg]04'37'' 
N., long. 89[deg]11'00'' W.; to the point of beginning.
* * * * *

R-4401C Camp Shelby, MS [Amended]

    By removing the current boundaries and substituting the 
following:
    Boundaries. Beginning at lat. 31[deg]12'55'' N., long. 
89[deg]11'03'' W.; to lat. 31[deg]11'49'' N., long. 89[deg]00'00'' 
W.; to lat. 31[deg]10'16'' N., long. 88[deg]56'34'' W.; to lat. 
31[deg]04'37'' N., long. 88[deg]56'34'' W.; to lat. 31[deg]04'37'' 
N., long. 89[deg]11'00'' W.; to the point of beginning.
* * * * *

    Issued in Washington, DC, on February 12, 2008.
Ellen Crum,
Acting Manager, Airspace and Rules Group.
 [FR Doc. E8-3138 Filed 2-19-08; 8:45 am]

BILLING CODE 4910-13-P
