
[Federal Register: October 5, 2009 (Volume 74, Number 191)]
[Rules and Regulations]               
[Page 51076-51077]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05oc09-3]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2009-0490; Airspace Docket No. 09-AWP-3]
RIN 2120-AA66

 
Establishment of Restricted Area R-2502A; Fort Irwin, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action establishes a restricted area (R-2502A) at Fort 
Irwin, CA, as part of a Department of the Army initiative at the 
National Training Center (NTC). The NTC is being expanded to meet the 
critical need of the Army for additional training land and airspace 
suitable for maneuvering large numbers of military personnel and 
equipment. Additionally, the Silver military operation area (MOA) in 
the vicinity of the NTC Complex has been modified as part of this 
initiative. Unlike restricted areas, which are designated under Title 
14 Code of Federal Regulations (14 CFR) part 73, MOAs are not 
rulemaking airspace actions. However, since the R-2502A will infringe 
on the Silver MOA, the FAA is including a description of the Silver MOA 
change in this rule. The MOA change described here was published in the 
National Flight Data Digest (NFDD). The Army requested these airspace 
changes to provide the additional special use airspace (SUA) above the 
expanded ground maneuver area to facilitate realistic combat training 
at the NTC.

DATES: Effective Date: 0901 UTC, December 17, 2009.

FOR FURTHER INFORMATION CONTACT: Ken McElroy, 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:

History

    On July 13, 2009, the FAA published in the Federal Register a 
notice of proposed rulemaking to establish

[[Page 51077]]

Restricted Area R-2502A, Fort Irwin, CA (74 FR 33382). Interested 
parties were invited to participate in this rulemaking effort by 
submitting written comments on the proposal. No comments were received 
during the comment period.
    Section 73.25 of 14 CFR Part 73 was republished in FAA Order 
7400.8R, dated February 5, 2009.

Military Operation Area (MOA)

    Restricted areas are regulatory airspace designations, under Title 
14 Code of Federal Regulations (CFR) part 73, which are established to 
confine or segregate activities considered hazardous to non-
participating aircraft. A MOA is a non-rulemaking type of SUA 
established to separate or segregate certain non-hazardous military 
flight activities from aircraft operating in accordance with instrument 
flight rules (IFR), and to identify for visual flight rules (VFR) 
pilots where those activities are conducted. IFR aircraft may be routed 
through an active MOA 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 are advised to exercise 
caution while doing so.
    Unlike restricted areas, which are designated through rulemaking 
procedures, MOAs are non-rulemaking airspace areas that are established 
administratively and published in the National Flight Data Digest. 
Normally MOA actions are not published in a NPRM, but instead, are 
advertised for public comment through a non-rule circular that is 
distributed by an FAA Service Center office to aviation interests in 
the affected area. However, when a non-rulemaking action is connected 
to a rulemaking action, FAA procedures allow for the non-rulemaking 
action to be included in the Rule. In such cases, the NPRM replaces the 
non-rule circularization requirement. Because the change to the Silver 
MOA North was necessary, due to the establishment of the restricted 
area, the MOA was modified to exclude the airspace contained in R-
2502A.

MOA Change

Silver MOA North, CA

    Boundaries. Beginning at lat. 35[deg]39[min]00[sec] N., long. 
115[deg]53[min]03[sec] W.; to lat. 35[deg]24[min]30[sec] N., long. 
115[deg]53[min]03[sec] W.; to lat. 35[deg]06[min]50[sec] N., long. 
116[deg]20[min]00[sec] W.; to lat. 35[deg]04[min]30[sec] N., long. 
116[deg]29[min]00[sec] W.; to lat. 35[deg]07[min]00[sec] N., long. 
116[deg]34[min]03[sec] W.; to point of beginning. Excluding the 
airspace below 3,000 feet AGL within a 3NM radius of the town of 
Baker, CA (lat. 35[deg]16[min]00[sec] N. long. 
116[deg]04[min]33[sec] W.) and R2502A.

The Rule

    The FAA is amending Title 14 CFR part 73 to establish Restricted 
Area R-2502A at Fort Irwin, CA. The U.S. Army has requested this 
restricted area because the existing special use airspace does not 
include the airspace above the expanded land maneuver area created to 
support the NTC. This action will ensure a safe training environment, 
isolated from the public, for military air and ground maneuvers from 
the surface to the upper limits of restricted airspace.
    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.
    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 establishes restricted area airspace at Fort Irwin, CA.

Environmental Review

    The FAA has determined that the Environmental Assessment (EA) 
prepared by the Department of Army 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 EA 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 (FONSI). The FAA's Adoption of Environmental Assessment and 
FONSI are combined into a single document dated August 1, 2008. A copy 
of the Adoption of Environmental Assessment and FONSI document has been 
inserted into the official docket for this rulemaking.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

The Amendment

0
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(g), 40103, 40113, 40120; E.O. 10854, 
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  73.25  [Amended]

0
2. Sec.  73.25 is amended as follows:
* * * * *

R-2502A Fort Irwin, CA [New]

    Boundaries. Beginning at lat. 35[deg]25[min]48[sec] N., long. 
116[deg]18[min]48[sec] W.; to lat. 35[deg]25[min]30[sec] N., long. 
116[deg]09[min]46[sec] W.; to lat. 35[deg]23[min]15[sec] N., long. 
116[deg]09[min]47[sec] W.; to lat. 35[deg]06[min]54[sec] N., long. 
116[deg]30[min]17[sec] W.; to lat. 35[deg]07[min]00[sec] N., long. 
116[deg]34[min]03[sec] W.; to lat. 35[deg]18[min]45[sec] N., long. 
116[deg]18[min]48[sec] W. to point of beginning.

    Designated altitudes. Surface to 16,000 feet MSL.
    Time of designation. Continuous.
    Controlling agency. FAA, Hi-Desert TRACON, Edwards, CA.
    Using agency. Commander, Fort Irwin, CA.
* * * * *

    Issued in Washington, DC, on September 28, 2009.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. E9-23879 Filed 10-2-09; 8:45 am]

BILLING CODE 4910-13-P
