95-28844. Definitions of Special Use Airspace

[Federal Register Volume 60, Number 227 (Monday, November 27, 1995)]
[Proposed Rules]
[Pages 58494-58496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28844]



      

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Part IX





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 1



Definitions of Special Use Airspace; Proposed Rule

Federal Register / Vol. 60, No. 227 / Monday, November 27, 1995 / 
Proposed Rules

[[Page 58494]]


DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 1

[Docket No. 25767; Notice No. 95-16]
RIN 2120-AF92


Definitions of Special Use Airspace

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend 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 proposed action 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.

DATES: Comments must be received on or before December 27, 1995.

ADDRESSES: Comments on this NPRM should be mailed, in triplicate, to: 
Federal Aviation Administration, Office of the Chief Counsel, 
Attention: Rules Docket (AGC-200), Docket No. 25767, 800 Independence 
Avenue, SW., Washington, DC 20591. Comments may also be sent 
electronically to the following Internet address: 
[e-mail]. Comments delivered must be marked Docket No. 
25767. Comments may be examined in Room 915G weekdays between 8:30 a.m. 
and 5 p.m., except on Federal holidays.

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 [phone].

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the rule making 
process by submitting such written data, views, or arguments as they 
may desire. Comments relating to the environmental, energy, federalism, 
or economic impact that might result from adopting the proposals in 
this notice are also invited. Substantive comments should be 
accompanied by cost estimates. Comments should identify the regulatory 
docket or notice number and should be submitted in triplicate to the 
Rules Docket address specified above. All comments received on or 
before the closing date for comments specified will be considered by 
the Administrator before acting on this proposed rulemaking. The 
proposals contained in this notice may be changed considering comments 
received. All comments received will be available, both before and 
after the closing date for comments, in the Rules Docket for 
examination by interested persons. A report summarizing each 
substantive public contact with FAA personnel concerned with this rule 
making will be filed in the docket. Commenters wishing the FAA to 
acknowledge receipt of their comments submitted in response to this 
notice must include a pre-addressed, stamped postcard on which the 
following statement is made: ``Comments to Docket No. 25767. The 
postcard will be date stamped and mailed to the commenter.

Availability of NPRM's

    Any person may obtain a copy of this NPRM by submitting a request 
to the Federal Aviation Administration, Office of Public Affairs, 
Attention: Public Inquiry Center, APA-220, 800 Independence Avenue, 
SW., Washington, DC 20591, or by calling [phone]. Communications 
must identify the notice number of this NPRM. Persons interested in 
being placed in a mailing list for future NPRM's should request from 
the above office a copy of Advisory Circular No. 11-2A, Notice of 
Proposed Rulemaking Distribution System, which describes the 
application procedure.

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, ow 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 proposed 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 notice proposes to redefine the term ``warning 
area,'' by consolidating the definitions of ``warning area'' and ``non-
regulatory warning area'' found in SFAR 53 and codify 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. The FAA proposes to 
consolidate 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 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 proposal would define 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 proposal would 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 are (MOA), Restricted area, or 
Prohibited area.

The Proposal

    The FAA is proposing to amend 14 CFR part 1, Definitions and 
Abbreviations, to include the definitions of all types of special use 
airspace. 

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Except for ``warning areas,'' the proposed 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 
proposal also codifies the definition of warning area. As noted above, 
the proposed definition of warning area would 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. A difference will 
be filed with the International Civil Aviation Organization.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96-
511), there are no requirements for information collection associated 
with this proposed regulation.

Regulatory Evaluation

    This proposed regulation does not alter the provision of air 
traffic control (ATC) services, nor does it have an impact on ATC 
system users. This proposed 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. Nevertheless, the FAA seeks comments from the 
public on any possible economic impact of this notice.

Regulatory Flexibility Act Determination

    The Regulatory Flexibility Act of 1980 (RFA) ensures that 
government regulations do not needlessly and 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 proposed regulation will not alter the provision of air traffic 
control (ATC) services, nor will it have an impact on ATC system users. 
Hence, the proposed regulation will not impose a significant cost on a 
substantial number of small entities.

Federalism Implications

    The proposed regulation set forth herein 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 
proposed regulation does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

International Trade Impact Assessment

    The proposal would 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 
proposal would not impose costs on either U.S. or foreign operators. 
Therefore, a competitive trade disadvantage would 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 
proposed regulation is not a ``significant regulatory action'' under 
Executive Order 12866. In addition, the FAA certifies that this 
proposed 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 proposed 
regulation is not considered significant under DOT Order 2100.5, 
Policies and Procedures for Simplification, Analysis, and Review of 
Regulations. An Initial Regulatory Flexibility Determination and 
International Impact Assessment are set out above. Because the economic 
impact of this proposal are 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 Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 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 adding the following definitions to 
read as follows:
* * * * *


Sec. 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 these 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.
* * * * *

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    Issued in Washington, DC on November 20, 1995.
Harold W. Becker,
Acting Program Director for Air Traffic Rules and Procedures.
[FR Doc. 95-28844 Filed 11-24-95; 8:45 am]
BILLING CODE 4910-13-M