80_FR_49339 80 FR 49181 - Proposed Redesignation and Expansion of Restricted Area R-4403; Gainesville, MS

80 FR 49181 - Proposed Redesignation and Expansion of Restricted Area R-4403; Gainesville, MS

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 158 (August 17, 2015)

Page Range49181-49184
FR Document2015-20277

This SNPRM amends the notice of proposed rulemaking (NPRM) published in the Federal Register on July 10, 2014, proposing to redesignate and expand restricted area R-4403, Gainesville, MS, by changing the parameters of some restricted area subareas. The changes would include expanding the time of designation, modifying some restricted area lateral and vertical boundaries, and eliminating the proposed air-to-ground munitions delivery in some parts of the restricted area complex.

Federal Register, Volume 80 Issue 158 (Monday, August 17, 2015)
[Federal Register Volume 80, Number 158 (Monday, August 17, 2015)]
[Proposed Rules]
[Pages 49181-49184]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20277]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2014-0370; Airspace Docket No. 14-ASO-2]
RIN 2120-AA66


Proposed Redesignation and Expansion of Restricted Area R-4403; 
Gainesville, MS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM).

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

SUMMARY: This SNPRM amends the notice of proposed rulemaking (NPRM) 
published in the Federal Register on July 10, 2014, proposing to 
redesignate and expand restricted area R-4403, Gainesville, MS, by 
changing the parameters of some restricted area subareas. The changes 
would include expanding the time of designation, modifying some 
restricted area lateral and vertical boundaries, and eliminating the 
proposed air-to-ground munitions delivery in some parts of the 
restricted area complex.

DATES: Comments must be received on or before October 1, 2015.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, 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-2014-
0370 and Airspace Docket No. 14-ASO-2, at the beginning of your 
comments. You may also submit comments through the Internet at 
www.regulations.gov. Comments on environmental and land use aspects to 
should be directed to: Mr. David Lorance, P.E., Center Environmental 
Officer, Center Operations Directorate, National Aeronautics and Space 
Administration (NASA) Stennis Space Center, Roy S. Estess Building 
1100, Mail Code RA02, Stennis Space Center, MS 39529-6000.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy and 
Regulations Group, Office of Airspace Services, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591; 
telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking

    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 would restructure the restricted airspace at the 
Stennis Space Center, MS, to enhance aviation safety and accommodate 
essential NASA and Naval Special Warfare Command (NSWC) requirements.

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-2014-0370 and Airspace Docket No. 14-ASO-2) and be submitted in 
triplicate to the Docket Management System (see ADDRESSES section for 
address and phone number). You may also submit comments through the 
Internet at 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-2014-0370 and Airspace Docket No. 14-ASO-2.'' The 
postcard will be date/time stamped and returned to the commenter.

[[Page 49182]]

    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.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the 
Internet at www.regulations.gov.
    You may review the public docket containing the proposal, any 
comments received and any final disposition in person at the Dockets 
Office (see ADDRESSES section for address and phone number) between 
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal 
holidays. An informal docket may also be examined during normal 
business hours at the office of the Operations Support Group, Eastern 
Service Center, Federal Aviation Administration, 1701 Columbia Ave., 
College Park, GA 30337.
    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

    On July 10, 2014, the FAA published in the Federal Register an NPRM 
proposing to redesignate and expand restricted area R-4403, 
Gainesville, MS, to support missions of the National Aeronautics and 
Space Administration (NASA) and the Naval Special Warfare Command 
(NSWC) (79 FR 39344). Eight comments were received; two commenters 
supported the proposal, four commenters posed limited concerns, and the 
remaining two commenters objected to the proposal.
    Subsequent to publication, both NASA and NSWC revised their 
airspace proposal by changing certain restricted area boundaries, 
eliminating some proposed activities and increasing the proposed times 
of use of the airspace. The changes are described in the next section, 
below.
    Since these changes to the proposal are significant, the FAA has 
determined it is necessary to reopen the comment period to provide 
additional opportunity for public comment. The FAA will dispose of all 
the comments to the NPRM and SNPRM when it issues its final 
determination on the proposal.

Differences From NPRM

    The southern boundary of R-4403B and R-4403C is shifted slightly to 
the north to address a comment that the restricted areas were too close 
to Interstate I-10, which is used by some pilots as a visual flight 
reference.
    The NPRM proposed to establish R-4403C, extending from the surface 
up to but not including 6,000 feet MSL; and to establish R-4403D, with 
the same lateral boundaries as R-4403C, and extending above R-4403C 
from 6,000 feet MSL up to 10,000 feet MSL. This SNPRM proposes to 
combine R-4403C and R-4403D into a single restricted area extending 
from the surface up to 10,000 feet MSL. This combined area would be 
designated R-4403C and the formerly proposed designation ``R-4403D'' 
would not be used.
    The NPRM proposed the time of designation for restricted areas R-
4403C, D, E and F as ``Intermittent, 1800 to 2400 local time, as 
activated by NOTAM at least 24 hours in advance; other times by NOTAM 
with air traffic control (ATC) approval.'' The SNPRM would revise the 
time of designation for R-4403C, E and F to ``Intermittent, 2000 to 
0500 local time, as activated by NOTAM at least 24 hours in advance; 
and 1800 to 2000 local time, November 1 to March 1, as activated by 
NOTAM at least 24 hours in advance, not to exceed 20 days per year.'' 
The new times would expand the basic time frame during which the 
restricted areas could be activated from six hours per day to nine 
hours per day. Further, it would add a provision allowing for 
additional activation during the hours 1800 to 2000 local time between 
November 1 and March 1. However, use of the 1800 to 2000 time frame 
between November 1 and March 1 would be limited to a maximum of 20 days 
per year. The provision in the NPRM allowing for activation of R-4403C, 
E and F at ``other times by NOTAM with ATC approval'' is removed from 
consideration in this proposal.
    The NPRM proposed the use of R-4403E and F for delivery of air-to-
ground munitions at a ground target by aircraft, including AC-130 
gunships and armed helicopters. The NSWC determined that the area is 
too small to contain the weapons safety footprint, so R-4403E and F 
would only be used to contain air-to-ground firing of non-eye-safe 
lasers. Ground forces would use lasers that are eye-safe in R-4403E and 
F to signal military aircraft operating overhead.
    The southeastern-most point of the R-4403E boundary (where it 
intersects the Stennis International Airport Class D airspace boundary 
(at lat. 30[deg]20'22'' N., long. 89[deg]31'43'' W.) would be shifted 
northward by approximately 2.5 NM to intersect the Class D airspace 
area at lat. 30[deg]22'35'' N., long. 89[deg]32'06'' W. The airspace 
south of the new line would become a part of R-4403C.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 73 to remove 
restricted area R-4403, Gainesville, MS, and redesignate and expand the 
airspace to consist of five subareas: R-4403A, B, C, E and F, Stennis 
Space Center, MS. The FAA is proposing this action at the request of 
NASA and the NSWC to confine activities that potentially present 
hazards to nonparticipating aircraft. The existing airspace is too 
small to fully contain NASA activities and the proposed expansion would 
also enable NSWC to conduct realistic Special Operations Force 
training.
    R-4403A and B would continue be used for NASA activities, such as 
rocket engine testing and untethered space vehicle propulsion system 
testing. The NSWC would use the proposed R-4403C, E and F for 
integrated Special Operations Forces training. The proposed restricted 
areas are described below.
    R-4403A would be used by NASA to test rocket engine technology. It 
would consist of that airspace within a 2.5 NM radius of lat. 
30[deg]21'51'' N., long. 89[deg]35'39'' W., centered on the rocket 
engine test complex. R-4403A would extend from the ground to 12,000 
feet MSL. It would replace R-4403 with an expanded area to more fully 
contain rocket engine testing hazards. This area remains as proposed in 
the NPRM.
    R-4403B would be used by NASA for untethered autonomous space 
vehicle testing. The area would extend upward from the ground to 6,000 
feet MSL. These vehicles are utilized to explore planets and asteroids. 
Testing of these vehicles involves potential hazards since failure of 
the vehicle, its propulsion system or propellant tanks can result in 
explosion of the vehicle. The propensity for this to occur is greater 
with these vehicles than with a standard aircraft because of the 
extremely volatile nature of the propellants and the poor aerodynamic 
characteristics of the vehicle during earth-based operation. Proposed 
R-4403B is designed to contain the flight profiles of these vehicles as 
well as any potential hazards to nonparticipating aircraft. Except for 
the slight adjustment of the southern boundary, as described

[[Page 49183]]

above, this area remains as proposed in the NPRM.
    R-4403C would be used for Special Operations Forces Integration 
Training. The NPRM proposed R-4403C to extend from the ground to 6,000 
feet MSL. This SNPRM would expand R-4403C to extend from the ground to 
10,000 feet MSL, incorporating the airspace from 6,000 feet MSL to 
10,000 feet MSL, which was formerly proposed as R-4403D. The 
designation ``R-4403D'' will no longer be used. R-4403C would contain 
air-to-ground live-fire training for AC-130 gunships, armed helicopters 
and tilt-rotor (CV-22) aircraft and surface-to-surface weapons firing. 
R-4403C would contain two impact areas for air-to-ground munitions 
employment (up to 105mm), and air-to-ground non-eye-safe laser firing. 
Ground forces would use lasers that are eye-safe to signal military 
aircraft operating overhead. Anticipated use of R-4403C is 100-120 days 
per year.
    R-4403D designation is removed from the proposal as described 
above.
    R-4403E would also be used for Special Operations Forces 
Integration Training. It would extend upward from the ground to 10,000 
feet MSL. It would contain a ground target to be used only for air-to-
ground firing of non-eye safe lasers. The proposal in the NPRM to use 
this area for air-to-ground munitions delivery is eliminated. Ground 
forces would also use lasers that are eye-safe to signal military 
aircraft operating overhead.
    R-4403F would extend upward from 4,000 feet MSL to 10,000 feet MSL. 
R-4403F would wrap around the northeast corner of R-4403E and would be 
used in conjunction with R-4403E.
    R-4403E and F would always be activated together for AC-130 air-to-
ground firing of non-eye-safe lasers. The two areas could be activated 
separately from R-4403C, but typically would be used in conjunction 
with R-4403C.
    The proposed time of designation for R-4403A and R-4403B is 
``Intermittent, 1000 to 0300 local time, as activated by NOTAM at least 
24 hours in advance.'' This time frame is the same as proposed in the 
NPRM. The proposed time of designation for R-4403C, E and F is 
``Intermittent, 2000 to 0500 local time, as activated by NOTAM at least 
24 hours in advance; and 1800 to 2000 local time, November 1 to March 1 
(not to exceed 20 days per year).'' The times for R-4403C, E and F are 
changed from those in the NPRM as explained in the ``Differences from 
NPRM'' section, above.
    Note: The term ``Intermittent'' is used to indicate occasional, 
irregular, or changeable use periods.
    During periods when the restricted areas are not needed by the 
using agencies, the airspace would be returned to the controlling 
agency for access by other airspace users.
    A revised color chart depicting the proposed restricted areas will 
be posted on the www.regulations.gov Web site (search Docket No. FAA-
2014-0370).

Regulatory Notices and Analyses

    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.

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

0
1. The authority citation for part 73 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O. 
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.


Sec.  73.44  [Amended]

0
2. Section 73.44 is amended as follows:

R-4403 Gainesville, MS [Removed]

R-4403A Stennis Space Center, MS [New]

    Boundaries. Within a 2.5-NM radius centered at lat. 
30[deg]21'51'' N., long. 89[deg]35'39'' W.
    Designated altitudes. Surface to 12,000 feet MSL.
    Time of designation. Intermittent, 1000 to 0300 local time, as 
activated by NOTAM at least 24 hours in advance.
    Controlling agency. FAA, Houston ARTCC.
    Using agency. NASA, Director, Stennis Space Center, Bay St. 
Louis, MS.

R-4403B Stennis Space Center, MS [New]

    Boundaries. Beginning at lat. 30[deg]29'37'' N., long. 
89[deg]35'16'' W.;
    to lat. 30[deg]29'37'' N., long. 89[deg]32'33'' W.; thence 
clockwise along a 0.85-NM arc centered
    at lat. 30[deg]28'46'' N., long. 89[deg]32'33'' W.;
    to lat. 30[deg]28'46'' N., long. 89[deg]31'34'' W.;
    to lat. 30[deg]26'25'' N., long. 89[deg]31'34'' W.;
    to lat. 30[deg]24'02'' N., long. 89[deg]31'34'' W.;
    thence counterclockwise along a 4.2-NM arc centered
    at lat. 30[deg]22'04'' N., long. 89[deg]27'17'' W.;
    to lat. 30[deg]20'28'' N., long. 89[deg]31'46'' W.;
    to lat. 30[deg]19'19'' N., long. 89[deg]35'32'' W.;
    to lat. 30[deg]18'23'' N., long. 89[deg]40'17'' W.;
    to lat. 30[deg]21'08'' N., long. 89[deg]42'25'' W.;
    to lat. 30[deg]22'22'' N., long. 89[deg]42'58'' W.;
    to lat. 30[deg]23'44'' N., long. 89[deg]42'43'' W.;
    to lat. 30[deg]26'40'' N., long. 89[deg]40'51'' W.;
    thence counterclockwise along a 3-NM arc centered
    at lat. 30[deg]29'15'' N., long. 89[deg]39'04'' W.;
    to lat. 30[deg]27'08'' N., long. 89[deg]36'37'' W.;
    to lat. 30[deg]27'58'' N., long. 89[deg]35'27'' W.;
    to lat. 30[deg]28'47'' N., long. 89[deg]35'27'' W.;
    to the point of beginning.
    Designated altitudes. Surface to 6,000 feet MSL.
    Time of designation. Intermittent, 1000 to 0300 local time, as 
activated by NOTAM at least 24 hours in advance.
    Controlling agency. FAA, Houston ARTCC.
    Using agency. NASA, Director, Stennis Space Center, Bay St. 
Louis, MS.

R-4403C Stennis Space Center, MS [New]

    Boundaries. Beginning at lat. 30[deg]27'58'' N., long. 
89[deg]35'27'' W.;
    to lat. 30[deg]22'35'' N., long. 89[deg]35'27'' W.;
    to lat. 30[deg]22'35'' N., long. 89[deg]32'06'' W.;
    thence counterclockwise along a 4.2-NM arc centered
    at lat. 30[deg]22'04'' N., long. 89[deg]27'17'' W.;
    to lat. 30[deg]20'28'' N., long. 89[deg]31'46'' W.;
    to lat. 30[deg]19'19'' N., long. 89[deg]35'32'' W.;
    to lat. 30[deg]18'23'' N., long. 89[deg]40'17'' W.;
    to lat. 30[deg]21'08'' N., long. 89[deg]42'25'' W.;
    to lat. 30[deg]22'22'' N., long. 89[deg]42'58'' W.;
    to lat. 30[deg]23'44'' N., long. 89[deg]42'43'' W.;
    to lat. 30[deg]26'40'' N., long. 89[deg]40'51'' W.;
    thence counterclockwise along a 3-NM arc centered
    at lat. 30[deg]29'15'' N., long. 89[deg]39'04'' W.;
    to lat. 30[deg]27'08'' N., long. 89[deg]36'37'' W.;
    to the point of beginning.
    Designated altitudes. Surface to 10,000 feet MSL.
    Time of designation. Intermittent, 2000 to 0500 local time, as 
activated by NOTAM at least 24 hours in advance; and 1800 to 2000 
local time, November 1 to March 1, as

[[Page 49184]]

activated by NOTAM at least 24 hours in advance, not to exceed 20 
days per year.
    Controlling agency. FAA, Houston ARTCC.
    Using agency. U.S. Navy, Commander, Naval Special Warfare 
Command, Naval Special Warfare N31 Branch, Stennis Space Center, Bay 
St. Louis, MS.

R-4403E Stennis Space Center, MS [New]

    Boundaries. Beginning at lat. 30[deg]29'37'' N., long. 
89[deg]35'16'' W.;
    to lat. 30[deg]29'37'' N., long. 89[deg]32'33'' W.;
    thence clockwise along a 0.85-M arc centered
    at lat. 30[deg]28'46'' N., long. 89[deg]32'33'' W.;
    to lat. 30[deg]28'46'' N., long. 89[deg]31'34'' W.;
    to lat. 30[deg]26'25'' N., long. 89[deg]31'34'' W.;
    to lat. 30[deg]24'02'' N., long. 89[deg]31'34'' W.;
    thence counterclockwise along a 4.2-NM arc centered
    at lat. 30[deg]22'04'' N., long. 89[deg]27'17'' W.;
    to lat. 30[deg]22'35'' N., long. 89[deg]32'06'' W.;
    to lat. 30[deg]22'35'' N., long. 89[deg]35'27'' W.;
    to lat. 30[deg]27'58'' N., long. 89[deg]35'27'' W,;
    to lat. 30[deg]28'47'' N., long. 89[deg]35'27'' W.;
    to the point of beginning.
    Designated altitudes. Surface to 10,000 feet MSL.
    Time of designation. Intermittent, 2000 to 0500 local time, as 
activated by NOTAM at least 24 hours in advance; and 1800 to 2000 
local time, November 1 to March 1, as activated by NOTAM at least 24 
hours in advance, not to exceed 20 days per year.
    Controlling agency. FAA, Houston ARTCC.
    Using agency. U.S. Navy, Commander, Naval Special Warfare 
Command, Naval Special Warfare N31 Branch, Stennis Space Center, Bay 
St. Louis, MS.

R-4403F Stennis Space Center, MS [New]

    Boundaries. Beginning at lat. 30[deg]29'37'' N., long. 
89[deg]35'16'' W.;
    thence clockwise along a 2.5-NM arc centered
    at lat. 30[deg]28'46'' N., long. 89[deg]32'33'' W.;
    to lat. 30[deg]26'25'' N., long. 89[deg]31'34'' W.;
    to lat. 30[deg]28'46'' N., long. 89[deg]31'34'' W.;
    thence counterclockwise along a 0.85-NM arc centered
    at lat. 30[deg]28'46'' N., long. 89[deg]32'33'' W.;
    to lat. 30[deg]29'37'' N., long. 89[deg]32'33'' W.;
    to the point of beginning.
    Designated altitudes. 4,000 feet MSL to 10,000 feet MSL.
    Time of designation. Intermittent, 2000 to 0500 local time, as 
activated by NOTAM at least 24 hours in advance; and 1800 to 2000 
local time, November 1 to March 1, as activated by NOTAM at least 24 
hours in advance, not to exceed 20 days per year.
    Controlling agency. FAA, Houston ARTCC.
    Using agency. U.S. Navy, Commander, Naval Special Warfare 
Command, Naval Special Warfare N31 Branch, Stennis Space Center, Bay 
St. Louis, MS.
* * * * *

    Issued in Washington, DC, on August 10 2015.
Gary A. Norek,
Manager, Airspace Policy and Regulations Group.
[FR Doc. 2015-20277 Filed 8-14-15; 8:45 am]
 BILLING CODE 4910-13-P



                                                                              Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Proposed Rules                                             49181

                                                    (generic incidents) that raise a major safety                report as ‘‘Other Events of Interest.’’ Such         Estess Building 1100, Mail Code RA02,
                                                    concern.                                                     events may include, but are not necessarily          Stennis Space Center, MS 39529–6000.
                                                                                                                 limited to, events that do not meet the AO
                                                    B. Fuel Cycle Facilities 14                                                                                       FOR FURTHER INFORMATION CONTACT: Paul
                                                                                                                 criteria but that have been perceived by
                                                      1. Absence or failure of all safety controls               Congress or the public to be of high health          Gallant, Airspace Policy and
                                                    (engineered and human) such that conditions                  and safety significance, have received               Regulations Group, Office of Airspace
                                                    were present for the occurrence of a high-                   significant media coverage, or have caused           Services, Federal Aviation
                                                    consequence event involving an NRC-                          the NRC to increase its attention to or              Administration, 800 Independence
                                                    regulated hazard (radiological or chemical).15               oversight of a program area, or a group of           Avenue SW., Washington, DC 20591;
                                                      2. An NRC-ordered safety-related or                        similar events that have resulted in licensed        telephone: (202) 267–8783.
                                                    security-related immediate remedial action.                  materials entering the public domain in an           SUPPLEMENTARY INFORMATION:
                                                    C. Events Involving the Medical Use of                       uncontrolled manner.
                                                    Radioactive Materials in Patients or Human                   [FR Doc. 2015–20260 Filed 8–14–15; 8:45 am]
                                                                                                                                                                      Authority for This Rulemaking
                                                    Research Subjects 16                                         BILLING CODE 7590–01–P                                 The FAA’s authority to issue rules
                                                       1. A medical event, as defined in 10 CFR                                                                       regarding aviation safety is found in
                                                    35.3045, which results in a dose that:                                                                            Title 49 of the United States Code.
                                                       (a) Is equal to or greater than 1 Gray (Gy)               DEPARTMENT OF TRANSPORTATION                         Subtitle I, Section 106 describes the
                                                    (100 rad) to a major portion of the bone                                                                          authority of the FAA Administrator.
                                                    marrow or to the lens of the eye; or equal or                Federal Aviation Administration                      Subtitle VII, Aviation Programs,
                                                    greater than 2.5 Gy (250 rad) to the gonads;                                                                      describes in more detail the scope of the
                                                    or                                                           14 CFR Part 73                                       agency’s authority. This rulemaking is
                                                       (b) exceeds, by 10 Gy (1,000 rad), the                                                                         promulgated under the authority
                                                    expected dose to any other organ or tissue                   [Docket No. FAA–2014–0370; Airspace
                                                                                                                                                                      described in Subtitle VII, Part A,
                                                    from the administration defined in the                       Docket No. 14–ASO–2]
                                                                                                                                                                      Subpart I, Section 40103. Under that
                                                    written directive; and                                       RIN 2120–AA66                                        section, the FAA is charged with
                                                       2. A medical event, as defined in 10 CFR
                                                    35.3045, which involves:                                                                                          prescribing regulations to assign the use
                                                                                                                 Proposed Redesignation and                           of the airspace necessary to ensure the
                                                       (a) A dose or dosage that is at least 50
                                                                                                                 Expansion of Restricted Area R–4403;                 safety of aircraft and the efficient use of
                                                    percent greater than that prescribed, or
                                                       (b) a prescribed dose or dosage that                      Gainesville, MS                                      airspace. This regulation is within the
                                                       (i) uses the wrong radiopharmaceutical or                 AGENCY:  Federal Aviation                            scope of that authority as it would
                                                    unsealed byproduct material; or                              Administration (FAA), DOT.                           restructure the restricted airspace at the
                                                       (ii) is delivered by the wrong route of                                                                        Stennis Space Center, MS, to enhance
                                                    administration; or                                           ACTION: Supplemental notice of
                                                                                                                                                                      aviation safety and accommodate
                                                       (iii) is delivered to the wrong treatment                 proposed rulemaking (SNPRM).
                                                                                                                                                                      essential NASA and Naval Special
                                                    site; or
                                                                                                                 SUMMARY:   This SNPRM amends the                     Warfare Command (NSWC)
                                                       (iv) is delivered by the wrong treatment
                                                    mode; or                                                     notice of proposed rulemaking (NPRM)                 requirements.
                                                       (v) is from a leaking source or sources; or               published in the Federal Register on                 Comments Invited
                                                       (vi) is delivered to the wrong individual or              July 10, 2014, proposing to redesignate
                                                    human research subject.                                      and expand restricted area R–4403,                     Interested parties are invited to
                                                                                                                 Gainesville, MS, by changing the                     participate in this proposed rulemaking
                                                    Appendix B: Other Events of Interest                                                                              by submitting such written data, views,
                                                                                                                 parameters of some restricted area
                                                      This appendix discusses other events of                    subareas. The changes would include                  or arguments as they may desire.
                                                    interest that do not meet the AO criteria in                 expanding the time of designation,                   Comments that provide the factual basis
                                                    Appendix A. The Commission may                               modifying some restricted area lateral               supporting the views and suggestions
                                                    determine that events, other than AOs, may
                                                                                                                 and vertical boundaries, and eliminating             presented are particularly helpful in
                                                    be of interest to Congress and the public and                                                                     developing reasoned regulatory
                                                    should be included in an appendix to the AO                  the proposed air-to-ground munitions
                                                                                                                 delivery in some parts of the restricted             decisions on the proposal. Comments
                                                                                                                                                                      are specifically invited on the overall
                                                       14 Criterion III.A also applies to Fuel Cycle             area complex.
                                                                                                                                                                      regulatory, aeronautical, economic,
                                                    Facilities.                                                  DATES: Comments must be received on
                                                       15 High-consequence events for facilities licensed
                                                                                                                                                                      environmental, and energy-related
                                                                                                                 or before October 1, 2015.                           aspects of the proposal.
                                                    under 10 CFR part 70 are those that could seriously
                                                    harm the worker or a member of the public in                 ADDRESSES: Send comments on this                       Communications should identify both
                                                    accordance with 10 CFR 70.61. The integrated                 proposal to the U.S. Department of                   docket numbers (FAA Docket No. FAA–
                                                    safety analysis (ISA) conducted and maintained by            Transportation, Docket Operations, M–                2014–0370 and Airspace Docket No. 14–
                                                    the licensee or applicant of 10 CFR part 70 fuel             30, 1200 New Jersey Avenue SE., West
                                                    cycle facilities identifies such hazards and the
                                                                                                                                                                      ASO–2) and be submitted in triplicate to
                                                    safety controls (10 CFR 70.62(c)) applied to meet            Building Ground Floor, Room W12–140,                 the Docket Management System (see
                                                    the performance requirements in accordance with              Washington, DC 20590–0001; telephone:                ADDRESSES section for address and
                                                    10 CFR 70.61(b) through (d). Fuel cycle facilities           (202) 366–9826. You must identify FAA                phone number). You may also submit
                                                    licensed under 10 CFR part 40 or certified under 10          Docket No. FAA–2014–0370 and
                                                    CFR part 76 have licensing basis documents that
                                                                                                                                                                      comments through the Internet at
                                                    describe facility specific hazards, consequences,            Airspace Docket No. 14–ASO–2, at the                 www.regulations.gov.
                                                    and those controls utilized to prevent or mitigate           beginning of your comments. You may                    Commenters wishing the FAA to
                                                    the consequences of such accidents. For these                also submit comments through the                     acknowledge receipt of their comments
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                                                    facilities, a high-consequence event would be a              Internet at www.regulations.gov.                     on this action must submit with those
                                                    release that has the potential to cause acute
                                                    radiological or chemical exposures to a worker or            Comments on environmental and land                   comments a self-addressed, stamped
                                                    a member of the public similar to that defined in            use aspects to should be directed to: Mr.            postcard on which the following
                                                    NUREG–1520, Revision 2, Appendix A to Chapter                David Lorance, P.E., Center                          statement is made: ‘‘Comments to FAA
                                                    3, Section A.2, under ‘‘Consequence Category 3               Environmental Officer, Center                        Docket No. FAA–2014–0370 and
                                                    (High Consequences)’’ (see http://www.nrc.gov/
                                                    reading-rm/doc-collections/nuregs/staff/sr1520/).            Operations Directorate, National                     Airspace Docket No. 14–ASO–2.’’ The
                                                       16 Criteria III.A.2, III.A.3, and III.A.4 also apply to   Aeronautics and Space Administration                 postcard will be date/time stamped and
                                                    medical licensees.                                           (NASA) Stennis Space Center, Roy S.                  returned to the commenter.


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                                                    49182                  Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Proposed Rules

                                                      All communications received on or                     to the NPRM and SNPRM when it issues                    The southeastern-most point of the R–
                                                    before the specified closing date for                   its final determination on the proposal.              4403E boundary (where it intersects the
                                                    comments will be considered before                                                                            Stennis International Airport Class D
                                                                                                            Differences From NPRM
                                                    taking action on the proposed rule. The                                                                       airspace boundary (at lat. 30°20′22″ N.,
                                                    proposal contained in this action may                      The southern boundary of R–4403B                   long. 89°31′43″ W.) would be shifted
                                                    be changed in light of comments                         and R–4403C is shifted slightly to the                northward by approximately 2.5 NM to
                                                    received. All comments submitted will                   north to address a comment that the                   intersect the Class D airspace area at lat.
                                                    be available for examination in the                     restricted areas were too close to                    30°22′35″ N., long. 89°32′06″ W. The
                                                    public docket both before and after the                 Interstate I–10, which is used by some                airspace south of the new line would
                                                    closing date for comments. A report                     pilots as a visual flight reference.                  become a part of R–4403C.
                                                    summarizing each substantive public                        The NPRM proposed to establish R–                  The Proposal
                                                    contact with FAA personnel concerned                    4403C, extending from the surface up to
                                                    with this rulemaking will be filed in the               but not including 6,000 feet MSL; and                    The FAA is proposing an amendment
                                                    docket.                                                 to establish R–4403D, with the same                   to 14 CFR part 73 to remove restricted
                                                                                                            lateral boundaries as R–4403C, and                    area R–4403, Gainesville, MS, and
                                                    Availability of NPRMs                                                                                         redesignate and expand the airspace to
                                                                                                            extending above R–4403C from 6,000
                                                      An electronic copy of this document                   feet MSL up to 10,000 feet MSL. This                  consist of five subareas: R–4403A, B, C,
                                                    may be downloaded through the                           SNPRM proposes to combine R–4403C                     E and F, Stennis Space Center, MS. The
                                                    Internet at www.regulations.gov.                        and R–4403D into a single restricted                  FAA is proposing this action at the
                                                      You may review the public docket                      area extending from the surface up to                 request of NASA and the NSWC to
                                                    containing the proposal, any comments                   10,000 feet MSL. This combined area                   confine activities that potentially
                                                    received and any final disposition in                   would be designated R–4403C and the                   present hazards to nonparticipating
                                                    person at the Dockets Office (see                                                                             aircraft. The existing airspace is too
                                                                                                            formerly proposed designation ‘‘R–
                                                    ADDRESSES section for address and                                                                             small to fully contain NASA activities
                                                                                                            4403D’’ would not be used.
                                                    phone number) between 9:00 a.m. and                                                                           and the proposed expansion would also
                                                                                                               The NPRM proposed the time of                      enable NSWC to conduct realistic
                                                    5:00 p.m., Monday through Friday,
                                                                                                            designation for restricted areas R–                   Special Operations Force training.
                                                    except Federal holidays. An informal
                                                                                                            4403C, D, E and F as ‘‘Intermittent, 1800                R–4403A and B would continue be
                                                    docket may also be examined during
                                                                                                            to 2400 local time, as activated by                   used for NASA activities, such as rocket
                                                    normal business hours at the office of
                                                                                                            NOTAM at least 24 hours in advance;                   engine testing and untethered space
                                                    the Operations Support Group, Eastern
                                                                                                            other times by NOTAM with air traffic                 vehicle propulsion system testing. The
                                                    Service Center, Federal Aviation
                                                                                                            control (ATC) approval.’’ The SNPRM                   NSWC would use the proposed R–
                                                    Administration, 1701 Columbia Ave.,
                                                                                                            would revise the time of designation for              4403C, E and F for integrated Special
                                                    College Park, GA 30337.
                                                      Persons interested in being placed on                 R–4403C, E and F to ‘‘Intermittent, 2000              Operations Forces training. The
                                                    a mailing list for future NPRMs should                  to 0500 local time, as activated by                   proposed restricted areas are described
                                                    contact the FAA’s Office of Rulemaking,                 NOTAM at least 24 hours in advance;                   below.
                                                    (202) 267–9677, for a copy of Advisory                  and 1800 to 2000 local time, November                    R–4403A would be used by NASA to
                                                    Circular No. 11–2A, Notice of Proposed                  1 to March 1, as activated by NOTAM                   test rocket engine technology. It would
                                                    Rulemaking Distribution System, which                   at least 24 hours in advance, not to                  consist of that airspace within a 2.5 NM
                                                    describes the application procedure.                    exceed 20 days per year.’’ The new                    radius of lat. 30°21′51″ N., long.
                                                                                                            times would expand the basic time                     89°35′39″ W., centered on the rocket
                                                    Background                                              frame during which the restricted areas               engine test complex. R–4403A would
                                                       On July 10, 2014, the FAA published                  could be activated from six hours per                 extend from the ground to 12,000 feet
                                                    in the Federal Register an NPRM                         day to nine hours per day. Further, it                MSL. It would replace R–4403 with an
                                                    proposing to redesignate and expand                     would add a provision allowing for                    expanded area to more fully contain
                                                    restricted area R–4403, Gainesville, MS,                additional activation during the hours                rocket engine testing hazards. This area
                                                    to support missions of the National                     1800 to 2000 local time between                       remains as proposed in the NPRM.
                                                    Aeronautics and Space Administration                    November 1 and March 1. However, use                     R–4403B would be used by NASA for
                                                    (NASA) and the Naval Special Warfare                    of the 1800 to 2000 time frame between                untethered autonomous space vehicle
                                                    Command (NSWC) (79 FR 39344). Eight                     November 1 and March 1 would be                       testing. The area would extend upward
                                                    comments were received; two                             limited to a maximum of 20 days per                   from the ground to 6,000 feet MSL.
                                                    commenters supported the proposal,                      year. The provision in the NPRM                       These vehicles are utilized to explore
                                                    four commenters posed limited                           allowing for activation of R–4403C, E                 planets and asteroids. Testing of these
                                                    concerns, and the remaining two                         and F at ‘‘other times by NOTAM with                  vehicles involves potential hazards
                                                    commenters objected to the proposal.                    ATC approval’’ is removed from                        since failure of the vehicle, its
                                                       Subsequent to publication, both                      consideration in this proposal.                       propulsion system or propellant tanks
                                                    NASA and NSWC revised their airspace                       The NPRM proposed the use of R–                    can result in explosion of the vehicle.
                                                    proposal by changing certain restricted                 4403E and F for delivery of air-to-                   The propensity for this to occur is
                                                    area boundaries, eliminating some                       ground munitions at a ground target by                greater with these vehicles than with a
                                                    proposed activities and increasing the                  aircraft, including AC–130 gunships and               standard aircraft because of the
                                                    proposed times of use of the airspace.                  armed helicopters. The NSWC                           extremely volatile nature of the
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                                                    The changes are described in the next                   determined that the area is too small to              propellants and the poor aerodynamic
                                                    section, below.                                         contain the weapons safety footprint, so              characteristics of the vehicle during
                                                       Since these changes to the proposal                  R–4403E and F would only be used to                   earth-based operation. Proposed R–
                                                    are significant, the FAA has determined                 contain air-to-ground firing of non-eye-              4403B is designed to contain the flight
                                                    it is necessary to reopen the comment                   safe lasers. Ground forces would use                  profiles of these vehicles as well as any
                                                    period to provide additional                            lasers that are eye-safe in R–4403E and               potential hazards to nonparticipating
                                                    opportunity for public comment. The                     F to signal military aircraft operating               aircraft. Except for the slight adjustment
                                                    FAA will dispose of all the comments                    overhead.                                             of the southern boundary, as described


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                                                                           Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Proposed Rules                                              49183

                                                    above, this area remains as proposed in                   During periods when the restricted                  R–4403 Gainesville, MS [Removed]
                                                    the NPRM.                                               areas are not needed by the using                     R–4403A Stennis Space Center, MS [New]
                                                       R–4403C would be used for Special                    agencies, the airspace would be                         Boundaries. Within a 2.5-NM radius
                                                    Operations Forces Integration Training.                 returned to the controlling agency for                centered at lat. 30°21′51″ N., long. 89°35′39″
                                                    The NPRM proposed R–4403C to extend                     access by other airspace users.                       W.
                                                    from the ground to 6,000 feet MSL. This                                                                         Designated altitudes. Surface to 12,000 feet
                                                                                                              A revised color chart depicting the
                                                    SNPRM would expand R–4403C to                                                                                 MSL.
                                                    extend from the ground to 10,000 feet                   proposed restricted areas will be posted                Time of designation. Intermittent, 1000 to
                                                    MSL, incorporating the airspace from                    on the www.regulations.gov Web site                   0300 local time, as activated by NOTAM at
                                                    6,000 feet MSL to 10,000 feet MSL,                      (search Docket No. FAA–2014–0370).                    least 24 hours in advance.
                                                    which was formerly proposed as R–                                                                               Controlling agency. FAA, Houston ARTCC.
                                                                                                            Regulatory Notices and Analyses                         Using agency. NASA, Director, Stennis
                                                    4403D. The designation ‘‘R–4403D’’ will
                                                                                                                                                                  Space Center, Bay St. Louis, MS.
                                                    no longer be used. R–4403C would                           The FAA has determined that this
                                                    contain air-to-ground live-fire training                proposed regulation only involves an                  R–4403B Stennis Space Center, MS [New]
                                                    for AC–130 gunships, armed helicopters                  established body of technical                           Boundaries. Beginning at lat. 30°29′37″ N.,
                                                    and tilt-rotor (CV–22) aircraft and                     regulations for which frequent and                    long. 89°35′16″ W.;
                                                    surface-to-surface weapons firing. R–                   routine amendments are necessary to                     to lat. 30°29′37″ N., long. 89°32′33″ W.;
                                                    4403C would contain two impact areas                    keep them operationally current.                      thence clockwise along a 0.85-NM arc
                                                    for air-to-ground munitions employment                                                                        centered
                                                                                                            Therefore, this proposed regulation: (1)                at lat. 30°28′46″ N., long. 89°32′33″ W.;
                                                    (up to 105mm), and air-to-ground non-                   Is not a ‘‘significant regulatory action’’              to lat. 30°28′46″ N., long. 89°31′34″ W.;
                                                    eye-safe laser firing. Ground forces                    under Executive Order 12866; (2) is not                 to lat. 30°26′25″ N., long. 89°31′34″ W.;
                                                    would use lasers that are eye-safe to                   a ‘‘significant rule’’ under Department of              to lat. 30°24′02″ N., long. 89°31′34″ W.;
                                                    signal military aircraft operating                      Transportation (DOT) Regulatory                         thence counterclockwise along a 4.2-NM
                                                    overhead. Anticipated use of R–4403C is                 Policies and Procedures (44 FR 11034;                 arc centered
                                                    100–120 days per year.                                  February 26, 1979); and (3) does not                    at lat. 30°22′04″ N., long. 89°27′17″ W.;
                                                       R–4403D designation is removed from                  warrant preparation of a regulatory
                                                                                                                                                                    to lat. 30°20′28″ N., long. 89°31′46″ W.;
                                                    the proposal as described above.                                                                                to lat. 30°19′19″ N., long. 89°35′32″ W.;
                                                                                                            evaluation as the anticipated impact is                 to lat. 30°18′23″ N., long. 89°40′17″ W.;
                                                       R–4403E would also be used for
                                                                                                            so minimal.                                             to lat. 30°21′08″ N., long. 89°42′25″ W.;
                                                    Special Operations Forces Integration
                                                    Training. It would extend upward from                      Since this is a routine matter that will             to lat. 30°22′22″ N., long. 89°42′58″ W.;
                                                                                                            only affect air traffic procedures and air              to lat. 30°23′44″ N., long. 89°42′43″ W.;
                                                    the ground to 10,000 feet MSL. It would                                                                         to lat. 30°26′40″ N., long. 89°40′51″ W.;
                                                    contain a ground target to be used only                 navigation, it is certified that this                   thence counterclockwise along a 3-NM arc
                                                    for air-to-ground firing of non-eye safe                proposed rule, when promulgated, will                 centered
                                                    lasers. The proposal in the NPRM to use                 not have a significant economic impact                  at lat. 30°29′15″ N., long. 89°39′04″ W.;
                                                    this area for air-to-ground munitions                   on a substantial number of small entities               to lat. 30°27′08″ N., long. 89°36′37″ W.;
                                                    delivery is eliminated. Ground forces                   under the criteria of the Regulatory                    to lat. 30°27′58″ N., long. 89°35′27″ W.;
                                                    would also use lasers that are eye-safe                 Flexibility Act.                                        to lat. 30°28′47″ N., long. 89°35′27″ W.;
                                                    to signal military aircraft operating                                                                           to the point of beginning.
                                                                                                            Environmental Review                                    Designated altitudes. Surface to 6,000 feet
                                                    overhead.                                                                                                     MSL.
                                                       R–4403F would extend upward from                        This proposal will be subject to an                  Time of designation. Intermittent, 1000 to
                                                    4,000 feet MSL to 10,000 feet MSL. R–                   environmental analysis in accordance                  0300 local time, as activated by NOTAM at
                                                    4403F would wrap around the northeast                   with FAA Order 1050.1E,                               least 24 hours in advance.
                                                    corner of R–4403E and would be used                     ‘‘Environmental Impacts: Policies and                   Controlling agency. FAA, Houston ARTCC.
                                                    in conjunction with R–4403E.                                                                                    Using agency. NASA, Director, Stennis
                                                                                                            Procedures,’’ prior to any FAA final                  Space Center, Bay St. Louis, MS.
                                                       R–4403E and F would always be
                                                    activated together for AC–130 air-to-                   regulatory action.
                                                                                                                                                                  R–4403C Stennis Space Center, MS [New]
                                                    ground firing of non-eye-safe lasers. The               List of Subjects in 14 CFR Part 73                      Boundaries. Beginning at lat. 30°27′58″ N.,
                                                    two areas could be activated separately                                                                       long. 89°35′27″ W.;
                                                    from R–4403C, but typically would be                      Airspace, Prohibited areas, Restricted                to lat. 30°22′35″ N., long. 89°35′27″ W.;
                                                    used in conjunction with R–4403C.                       areas.                                                  to lat. 30°22′35″ N., long. 89°32′06″ W.;
                                                       The proposed time of designation for                                                                         thence counterclockwise along a 4.2-NM
                                                                                                            The Proposed Amendment
                                                    R–4403A and R–4403B is ‘‘Intermittent,                                                                        arc centered
                                                    1000 to 0300 local time, as activated by                  In consideration of the foregoing, the                at lat. 30°22′04″ N., long. 89°27′17″ W.;
                                                    NOTAM at least 24 hours in advance.’’                                                                           to lat. 30°20′28″ N., long. 89°31′46″ W.;
                                                                                                            Federal Aviation Administration                         to lat. 30°19′19″ N., long. 89°35′32″ W.;
                                                    This time frame is the same as proposed                 proposes to amend 14 CFR part 73 as                     to lat. 30°18′23″ N., long. 89°40′17″ W.;
                                                    in the NPRM. The proposed time of                       follows:                                                to lat. 30°21′08″ N., long. 89°42′25″ W.;
                                                    designation for R–4403C, E and F is                                                                             to lat. 30°22′22″ N., long. 89°42′58″ W.;
                                                    ‘‘Intermittent, 2000 to 0500 local time,                PART 73—SPECIAL USE AIRSPACE                            to lat. 30°23′44″ N., long. 89°42′43″ W.;
                                                    as activated by NOTAM at least 24                                                                               to lat. 30°26′40″ N., long. 89°40′51″ W.;
                                                    hours in advance; and 1800 to 2000                      ■ 1. The authority citation for part 73                 thence counterclockwise along a 3-NM arc
                                                    local time, November 1 to March 1 (not                                                                        centered
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                                                                                                            continues to read as follows:                           at lat. 30°29′15″ N., long. 89°39′04″ W.;
                                                    to exceed 20 days per year).’’ The times
                                                    for R–4403C, E and F are changed from                     Authority: 49 U.S.C. 106(f), 106(g), 40103,           to lat. 30°27′08″ N., long. 89°36′37″ W.;
                                                                                                            40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,            to the point of beginning.
                                                    those in the NPRM as explained in the
                                                                                                            1959–1963 Comp., p. 389.                                Designated altitudes. Surface to 10,000 feet
                                                    ‘‘Differences from NPRM’’ section,                                                                            MSL.
                                                    above.                                                  § 73.44   [Amended]                                     Time of designation. Intermittent, 2000 to
                                                       Note: The term ‘‘Intermittent’’ is used                                                                    0500 local time, as activated by NOTAM at
                                                    to indicate occasional, irregular, or                   ■ 2. Section 73.44 is amended as                      least 24 hours in advance; and 1800 to 2000
                                                    changeable use periods.                                 follows:                                              local time, November 1 to March 1, as



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                                                    49184                    Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Proposed Rules

                                                    activated by NOTAM at least 24 hours in                 POSTAL REGULATORY COMMISSION                           II. Summary of Proposal
                                                    advance, not to exceed 20 days per year.
                                                      Controlling agency. FAA, Houston ARTCC.                                                                         Under Proposal Seven, the Postal
                                                                                                            39 CFR Part 3050                                       Service seeks to address the avoided
                                                      Using agency. U.S. Navy, Commander,
                                                    Naval Special Warfare Command, Naval                    [Docket No. RM2015–16; Order No. 2654]                 costs relating to FSS mail. Petition,
                                                    Special Warfare N31 Branch, Stennis Space                                                                      Proposal Seven at 1. The Postal Service
                                                    Center, Bay St. Louis, MS.                              Periodic Reporting                                     bifurcates Proposal Seven into the Mail
                                                    R–4403E Stennis Space Center, MS [New]                  AGENCY:   Postal Regulatory Commission.                Processing and the Delivery elements of
                                                                                                            ACTION:   Notice of proposed rulemaking.               the avoided costs for FSS workshare
                                                      Boundaries. Beginning at lat. 30°29′37″ N.,                                                                  discounts. Id.
                                                    long. 89°35′16″ W.;
                                                                                                            SUMMARY:    The Commission is noticing a
                                                      to lat. 30°29′37″ N., long. 89°32′33″ W.;                                                                    A. Section One: Proposed Method for
                                                      thence clockwise along a 0.85-M arc                   recent Postal Service filing requesting
                                                                                                                                                                   Calculating Mail Processing Cost
                                                    centered                                                that the Commission initiate an informal
                                                                                                                                                                   Avoidances
                                                      at lat. 30°28′46″ N., long. 89°32′33″ W.;             rulemaking proceeding to consider
                                                      to lat. 30°28′46″ N., long. 89°31′34″ W.;             changes to analytical principles relating                The Postal Service seeks to modify the
                                                      to lat. 30°26′25″ N., long. 89°31′34″ W.;             to periodic reports (Proposal Seven).                  modeling methodology used in the
                                                      to lat. 30°24′02″ N., long. 89°31′34″ W.;             This notice informs the public of the                  USPS–FY14–11 (Docket No. ACR2014)
                                                      thence counterclockwise along a 4.2-NM                filing, invites public comment, and                    Standard Mail Flats Mail Processing
                                                    arc centered                                            takes other administrative steps.                      Cost Model to estimate the mail
                                                      at lat. 30°22′04″ N., long. 89°27′17″ W.;                                                                    processing cost avoidances of FSS
                                                                                                            DATES: Comments are due: September
                                                      to lat. 30°22′35″ N., long. 89°32′06″ W.;                                                                    presorted Standard Flats. Petition,
                                                      to lat. 30°22′35″ N., long. 89°35′27″ W.;             25, 2015. Reply Comments are due:
                                                                                                            October 16, 2015.                                      Proposal Seven, Section One at 1. The
                                                      to lat. 30°27′58″ N., long. 89°35′27″ W,;
                                                                                                            ADDRESSES: Submit comments                             Postal Service expands the Standard
                                                      to lat. 30°28′47″ N., long. 89°35′27″ W.;
                                                      to the point of beginning.                            electronically via the Commission’s                    Mail Flats Mail Processing Cost Model
                                                      Designated altitudes. Surface to 10,000 feet          Filing Online system at http://                        to identify the unique characteristics
                                                    MSL.                                                    www.prc.gov. Those who cannot submit                   and flows of FSS-prepared Standard
                                                      Time of designation. Intermittent, 2000 to            comments electronically should contact                 Flats. Id. As part of Library Reference
                                                    0500 local time, as activated by NOTAM at               the person identified in the FOR FURTHER               USPS–RM2015–16/1 filed with the
                                                    least 24 hours in advance; and 1800 to 2000                                                                    Petition, the Postal Service provides
                                                                                                            INFORMATION CONTACT section by
                                                    local time, November 1 to March 1, as                                                                          three models supporting this section of
                                                    activated by NOTAM at least 24 hours in                 telephone for advice on filing
                                                                                                            alternatives.                                          Proposal Seven. Id. The Postal Service
                                                    advance, not to exceed 20 days per year.                                                                       also proposes changes to the USPS–
                                                      Controlling agency. FAA, Houston ARTCC.               FOR FURTHER INFORMATION CONTACT:
                                                      Using agency. U.S. Navy, Commander,
                                                                                                                                                                   FY14–11 (Docket No. ACR2014)
                                                                                                            David A. Trissell, General Counsel, at                 Periodicals Flats Mail Processing Cost
                                                    Naval Special Warfare Command, Naval                    202–789–6820.
                                                    Special Warfare N31 Branch, Stennis Space                                                                      Model. Id. at 4.3
                                                    Center, Bay St. Louis, MS.                              SUPPLEMENTARY INFORMATION:                               There are nine modifications
                                                                                                            Table of Contents                                      proposed by the Postal Service in
                                                    R–4403F Stennis Space Center, MS [New]
                                                                                                                                                                   Section One of Proposal Seven, all of
                                                      Boundaries. Beginning at lat. 30°29′37″ N.,           I. Introduction                                        which apply to the Standard Mail Flats
                                                    long. 89°35′16″ W.;                                     II. Summary of Proposal                                Cost Model. Petition, Proposal Seven,
                                                      thence clockwise along a 2.5-NM arc                   III. Initial Commission Action
                                                                                                            IV. Ordering Paragraphs                                Section One at 4. Two of the proposed
                                                    centered
                                                      at lat. 30°28′46″ N., long. 89°32′33″ W.;                                                                    modifications also apply to the
                                                      to lat. 30°26′25″ N., long. 89°31′34″ W.;
                                                                                                            I. Introduction                                        Periodicals Model. Id.
                                                      to lat. 30°28′46″ N., long. 89°31′34″ W.;                On August 5, 2015, the Postal Service               1. Revision of the Methodology Used To
                                                      thence counterclockwise along a 0.85-NM               filed a petition pursuant to 39 CFR                    Estimate the Proportion of Flats
                                                    arc centered                                            3050.11 requesting that the Commission
                                                      at lat. 30°28′46″ N., long. 89°32′33″ W.;                                                                    Processed in Mechanized Incoming
                                                                                                            initiate an informal rulemaking                        Secondary Operations (Modification
                                                      to lat. 30°29′37″ N., long. 89°32′33″ W.;             proceeding to consider changes to
                                                      to the point of beginning.                                                                                   One)
                                                      Designated altitudes. 4,000 feet MSL to
                                                                                                            analytical principles relating to the
                                                                                                            Postal Service’s periodic reports.1                       The Postal Service presents a process
                                                    10,000 feet MSL.                                                                                               to estimate the proportion of flat-shaped
                                                      Time of designation. Intermittent, 2000 to            Proposal Seven is attached to the
                                                    0500 local time, as activated by NOTAM at               Petition and proposes an analytical                    mail processed in mechanized incoming
                                                    least 24 hours in advance; and 1800 to 2000             method change relating to the avoided                  secondary operations. Id. at 4–8.
                                                    local time, November 1 to March 1, as                   costs for Flats Sequencing System (FSS)                Although over 98 percent of flats
                                                    activated by NOTAM at least 24 hours in                 workshare discounts. Petition at 1.                    destinate in the service territories of
                                                    advance, not to exceed 20 days per year.                   This Petition was filed in response to              plants that have mechanized equipment,
                                                      Controlling agency. FAA, Houston ARTCC.               Order No. 2472, which directed the                     certain facilities choose to perform the
                                                      Using agency. U.S. Navy, Commander,                                                                          incoming secondary sortation manually
                                                                                                            Postal Service ‘‘to file a proposed
                                                    Naval Special Warfare Command, Naval                                                                           for a variety of reasons, including low
                                                    Special Warfare N31 Branch, Stennis Space               methodology for determining the costs
                                                                                                            avoided for the Presorted FSS                          volume, service commitments, and
                                                    Center, Bay St. Louis, MS.
                                                                                                            workshare discounts, as described in the
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                    *      *     *       *      *                                                                                  Package Services Products and Related Mail
                                                                                                            body of [Order No. 2472], within 90
                                                      Issued in Washington, DC, on August 10                                                                       Classification Changes, May 7, 2015, at 62 (Order
                                                                                                            days of the date of [Order No. 2472].’’ 2              No. 2472).
                                                    2015.                                                                                                            3 The proposed changes to the Periodicals Flats
                                                    Gary A. Norek,                                            1 Petition of the United States Postal Service for
                                                                                                                                                                   Mail Processing Cost Model were filed in Docket
                                                    Manager, Airspace Policy and Regulations                the Initiation of a Proceeding to Consider Proposed    No. RM2015–18. See Docket No. RM2015–18,
                                                    Group.                                                  Changes in Analytical Principles (Proposal Seven),     Petition of the United States Postal Service for the
                                                                                                            August 5, 2015 (Petition).                             Initiation of a Proceeding to Consider Proposed
                                                    [FR Doc. 2015–20277 Filed 8–14–15; 8:45 am]               2 Docket No. R2015–4, Order on Revised Price         Changes in Analytical Principles (Proposal Nine),
                                                    BILLING CODE 4910–13–P                                  Adjustments for Standard Mail, Periodicals, and        August 5, 2015, Attachment at 2.



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Document Created: 2015-12-15 11:06:44
Document Modified: 2015-12-15 11:06:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionSupplemental notice of proposed rulemaking (SNPRM).
DatesComments must be received on or before October 1, 2015.
ContactPaul Gallant, Airspace Policy and Regulations Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-8783.
FR Citation80 FR 49181 
RIN Number2120-AA66
CFR AssociatedAirspace; Prohibited Areas and Restricted Areas

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