[Federal Register Volume 61, Number 16 (Wednesday, January 24, 1996)]
[Rules and Regulations]
[Pages 2080-2081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-922]
[[Page 2079]]
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Part IV
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
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14 CFR Part 1
Definitions of Special Use Airspace; Final Rule
Federal Register / Vol. 61, No. 16 / Wednesday, January 24, 1996 /
Rules and Regulations
[[Page 2080]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 1
[Docket No. 25767; Amdt. 1-42]
RIN 2120-AF92
Definitions of Special Use Airspace
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This rule amends the Federal Aviation Regulations by adding
the definitions of the various forms of special use airspace. Several
categories of special use airspace currently are defined other than in
the Regulations. This rule is needed to consolidate and define those
categories in a single part, including the definitions of warning area
and non-regulatory warning area found in Special Federal Aviation
Regulation (SFAR) No. 53.
EFFECTIVE DATE: January 15, 1996.
FOR FURTHER INFORMATION CONTACT:
Mr. Joseph C. White, Air Traffic Rules Branch, ATP-230, Federal
Aviation Administration, 800 Independence Avenue SW., Washington, DC
20591; telephone (202) 267-8783.
SUPPLEMENTARY INFORMATION:
Background
The FAA has determined that for purposes of clarification and
conformity, it would be appropriate to include in part 1, Definitions
and Abbreviations, the definitions of all categories of special use
airspace. Special use airspace is defined in 14 CFR Section 73.3(a) as
airspace of defined dimensions wherein activities must be confined
because of their nature, or wherein limitations are imposed upon
aircraft operations that are not a part of those activities, or both.
With the exception of ``warning area,'' the definitions are the same
definitions provided for these categories of airspace in the
Aeronautical Information Manual and in FAA Order 7400.2, Procedures for
Handling Airspace Matters. The codification of these currently accepted
definitions into part 1 does not in any way affect the provisions that
apply to these areas that are contained in parts 73 and 91. Nor does
the inclusion of the definitions in part 1 impose any new operating
restrictions.
In addition, this rule redefines the term ``warning area,'' by
consolidating the definitions of ``warning area'' and ``non-regulatory
warning area'' found in SFAR 53 and codifies that term in part 1.
Warning areas are defined in SFAR 53 as airspace of defined dimensions,
extending from 3 to 12 nautical miles from the coast of this United
States, which contain activity that may be hazardous to
nonparticipating aircraft. The purpose of such warning areas is to warn
nonparticipating pilots of the potential danger. This rule consolidates
this definition with the definition of non-regulatory warning area
found in SFAR 53. A non-regulatory warning area is an airspace of
defined dimensions designated over international waters that contains
activity which may be hazardous to nonparticipating aircraft. The FAA
believes that combining the definition of a warning area with the
definition of a non-regulatory warning area into a single definition is
appropriate since the procedures that apply to these two areas are the
same.
Presidential Proclamation No. 5928, issued on December 27, 1988,
extended the sovereignty of the United States, for international
purposes, over the territorial seas from 3 to 12 nautical miles from
the coast of the United States (including its territories). Prior to
Presidential Proclamation No. 5928, warning areas were only designated
in international waters. SFAR 53, promulgated in response to
Proclamation No. 5928, designated warning areas in domestic airspace.
This rule defines a warning area as an area of airspace of defined
dimension, extending from 3 nautical miles outward from the coast of
the United States, that contains activity which may be hazardous to
nonparticipating aircraft.
This rule will not alter any of the existing warning areas. The FAA
does not envision any future additional warning areas or enlargement of
the existing warning areas in domestic airspace. If new airspace areas
are needed in domestic airspace, the FAA will work with the proponent
to establish the appropriate domestic special use airspace, i.e.
military operations area (MOA), Restricted area, or Prohibited area.
I find that good cause exists, pursuant to 5 U.S.C. 553(d), for
making this amendment effective in less than 30 days to avoid confusion
on the part of pilots operating in these types of airspace.
Discussion of Comments
Two comments were received from the Air Line Pilots Association
(ALPA) and the Air Traffic Control Association, Inc. (ATCA). ALPA and
ATCA support the proposed amendment to part 1 as provided in the notice
of proposed rulemaking (60 FR 58494, Nov. 27, 1995).
The Rule
This amendment to 14 CFR part 1, Definitions and Abbreviations, to
include the definitions of all types of special use airspace. Except
for ``warning areas,'' the definitions are the same definitions of the
categories of special use airspace found in the Aeronautical
Information Manual and FAA Order 7400.2, Procedures for Handling
Airspace Matters and are familiar to and accepted by the flying
community. The inclusion of these definitions in part 1 does not affect
any provision currently contained in parts 73 and 91. Further, the
inclusion of these definitions does not add any requirement or
operating restriction to these categories of special use airspace. This
rule also codifies the definition of warning area. As noted above, the
definition of warning area will consolidate the definitions in SFAR 53
into a single definition of a warning area that applies to domestic
airspace located from 3 to 12 nautical miles from the U.S. coast, as
well as international airspace beyond the 12 nautical mile boundary
from the coast.
International Civil Aviation Organization and Joint Aviation
Regulations
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with
International Civil Aviation organization Standards and Recommended
Practices (SARP) to the maximum extent practicable.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96-
5111), there are no requirements for information collection associated
with this regulation.
Regulatory Evaluation
This rule does not alter the provision of air traffic control (ATC)
services, nor does it have an impact on ATC system users. This
regulation merely adds a section of currently accepted definitions in
14 CFR part 1 without making any substantive revision to parts 73 and
91. Accordingly, because the costs of the rule are minimal or non-
existent, a formal regulatory evaluation has not been prepared.
Regulatory Flexibility Act Determination
The Regulatory Flexibility Act of 1980 (RFA) ensures that
government regulations do not needlessly and
[[Page 2081]]
disproportionately burden small businesses. The RFA requires the FAA to
review each rule that may have a significant economic impact on a
substantial number of small entities.
The regulation will not alter the provision of air traffic control
(ATC) services, nor will it have an impact on ATC system users. Hence,
regulation will not impose a significant cost on a substantial number
of small entities.
Federalism Implications
The rule will not have substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government. Therefore, in accordance with Executive Order 12612, it
is determined that this rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
International Trade Impact Assessment
This rule will not constitute a barrier to international trade,
including the export of U.S. goods and services to foreign countries
and the import of foreign goods and services to the United States. This
regulation will not impose costs on either U.S. or foreign operators.
Therefore, a competitive trade disadvantage will not be incurred by
either U.S. operators abroad or foreign operators in the United States.
Conclusion
For the reasons discussed in the preamble, and based on the
findings in the Regulatory Flexibility Determination and the
International Trade Impact Assessment, the FAA has determined that this
regulation is not a ``significant regulatory action'' under Executive
Order 12866. In addition, the FAA certifies that this regulation will
not have a significant economic impact, positive or negative, on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act. This regulation is not considered
significant under DOT Order 2100.5, Policies and Procedures for
Simplification, Analysis, and Review of Regulations. A Regulatory
Flexibility Determination and International Impact Assessment are set
out above. Because the economic impact of this rule is minimal or non-
existent, no formal regulatory evaluation has been prepared.
List of Subjects in 14 CFR Part 1
Air transportation, Federal Aviation Administration.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 1 as follows:
PART 1--[AMENDED]
1. The authority citation for part 1 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
2. Section 1.1 is amended by revising the definitions of Prohibited
area and Restricted area and by adding the remaining definitions to
read as follows:
* * * * *
1.1 General definitions.
* * * * *
Alert Area. An alert area is established to inform pilots of a
specific area wherein a high volume of pilot training or an unusual
type of aeronautical activity is conducted.
* * * * *
Controlled Firing Area. A controlled firing area is established to
contain activities, which if not conducted in a controlled environment,
would be hazardous to nonparticipating aircraft.
* * * * *
Military operations area. A military operations area (MOA) is
airspace established outside Class A airspace to separate or segregate
certain nonhazardous military activities from IFR Traffic and to
identify for VFR traffic where theses activities are conducted.
* * * * *
Prohibited area. A prohibited area is airspace designated under
part 73 within which no person may operate an aircraft without the
permission of the using agency.
* * * * *
Restricted area. A restricted area is airspace designated under
Part 73 within which the flight of aircraft, while not wholly
prohibited, is subject to restriction.
* * * * *
Warning area. A warning area is airspace of defined dimensions,
extending from 3 nautical miles outward from the coast of the United
States, that contains activity that may be hazardous to
nonparticipating aircraft. The purpose of such warning areas is to warn
nonparticipating pilots of the potential danger. A warning area may be
located over domestic or international waters or both.
* * * * *
Issued in Washington, DC on January 18, 1996.
David R. Hinson,
Administrator.
[FR Doc. 96-922 Filed 1-19-96; 10:49 am]
BILLING CODE 4910-13-M
