83_FR_19022 83 FR 18938 - Amendment for Restricted Area R-4403A; Stennis Space Center, MS

83 FR 18938 - Amendment for Restricted Area R-4403A; Stennis Space Center, MS

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 84 (May 1, 2018)

Page Range18938-18939
FR Document2018-09101

This action amends the time of designation for restricted area R-4403A, Stennis Space Center, MS, from ``Intermittent, 1000 to 0300 local time, as activated by NOTAM at least 24 hours in advance,'' to ``Intermittent by NOTAM at least 24 hours in advance.'' The National Aeronautics and Space Administration (NASA) requested the change to meet requirements of the Space Launch System (SLS) Core Stage test program.

Federal Register, Volume 83 Issue 84 (Tuesday, May 1, 2018) 
[Federal Register Volume 83, Number 84 (Tuesday, May 1, 2018)]
[Rules and Regulations]
[Pages 18938-18939]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09101]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2017-1109; Airspace Docket No. 17-ASO-22]
RIN 2120-AA66


Amendment for Restricted Area R-4403A; Stennis Space Center, MS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the time of designation for restricted area 
R-4403A, Stennis Space Center, MS, from ``Intermittent, 1000 to 0300 
local time, as activated by NOTAM at least 24 hours in advance,'' to 
``Intermittent by NOTAM at least 24 hours in advance.'' The National 
Aeronautics and Space Administration (NASA) requested the change to 
meet requirements of the Space Launch System (SLS) Core Stage test 
program.

DATES: Effective date 0901 UTC, July 19, 2018.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy 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 supports a change to restricted area R-4403A, Stennis 
Space Center, MS, to safely accommodate NASA test programs.

History

    The FAA published a notice of proposed rulemaking (NPRM) in the 
Federal Register for Docket No. FAA-2017-1109 (83 FR 1319; January 11, 
2018). The NPRM proposed to amend the time of designation for 
restricted area R-4403A, Stennis Space Center,

[[Page 18939]]

MS, from ``Intermittent, 1000 to 0300 local time, as activated by NOTAM 
at least 24 hours in advance,'' to ``Intermittent by NOTAM at least 24 
hours in advance.'' Interested parties were invited to participate in 
this rulemaking effort by submitting written comments on the proposal. 
No comments were received.

The Rule

    The FAA is amending 14 CFR part 73 by changing the time of 
designation for restricted area R-4403A, Stennis Space Center, MS, from 
``Intermittent, 1000 to 0300 local time, as activated by NOTAM at least 
24 hours in advance,'' to ``Intermittent by NOTAM at least 24 hours in 
advance.''
    This change is required to provide the additional restricted area 
activation time needed to accommodate NASA's SLS Core Stage engine 
testing program. The current boundaries and designated altitude for R-
4403A remain unchanged. Additionally, this action does not affect 
restricted areas R-4403B, C, E, or F (Note: there is no ``D'' 
subdivision).

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an 
established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
It, therefore: (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 only affects air traffic procedures 
and air navigation, it is certified that this rule, when promulgated, 
does not have a significant economic impact on a substantial number of 
small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA determined the modification of restricted area R-4403A, 
Stennis Space Center, MS, to be within the scope of the Navy and NASA's 
Environmental Assessment (EA) and Finding of No Significant Impact 
(FONSI) for the Redesignation and Expansion of Restricted Airspace R-
4403 to Support Military Air-To-Ground Munitions Training and NASA 
Rocket Engine Testing At Stennis Space Center, Mississippi dated 
November 24, 2015; and the FAA's decision document adopting the 
airspace portion of the above cited EA titled ``Federal Aviation 
Administration, Adoption of the Environmental Assessment and FONSI/ROD 
for Redesignation and Expansion of Restricted Airspace R-4403, Stennis 
Space Center, Hancock and Pearl River County, MS, and St Tammany 
Parrish, LA, signed on March 22, 2016; and that no further 
environmental review is required.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends 14 CFR part 73 as follows:

PART 73--SPECIAL USE AIRSPACE

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

    Authority: 49 U.S.C. 106(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-4403A Stennis Space Center, MS [Amended]

    By removing ``Time of Designation. Intermittent, 1000 to 0300 
local time, as activated by NOTAM at least 24 hours in advance,'' 
and adding in their place:
    Time of designation. Intermittent by NOTAM at least 24 hours in 
advance.

    Issued in Washington, DC, on April 24, 2018.
Rodger A. Dean, Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2018-09101 Filed 4-30-18; 8:45 am]
BILLING CODE 4910-13-P

18938 Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations • For § 25.145(b)(6), ‘‘Vmin’’ in lieu of In lieu of § 25.121(b)(2)(ii)(A): DEPARTMENT OF TRANSPORTATION ‘‘VSW.’’ (A) The V2 speed scheduled in non- • For § 25.1323(d), ‘‘From 1.23 VSR to icing conditions does not provide the Federal Aviation Administration Vmin . . .,’’ in lieu of ‘‘1.23 VSR to stall maneuvering capability specified in warning speed . . .,’’ and, ‘‘. . . speeds 14 CFR Part 73 § 25.143(h) for the takeoff configuration; below Vmin . . .’’ in lieu of ‘‘. . . speeds [Docket No. FAA–2017–1109; Airspace or below stall warning . . . .’’ Docket No. 17–ASO–22] In lieu of § 25.121(c)(2)(ii)(A): Part II: Credit for Robust Envelope RIN 2120–AA66 Protection in Icing Conditions (A) The VFTO speed scheduled in non- icing conditions does not provide the Amendment for Restricted Area The following special conditions are maneuvering capability specified in in lieu of the specified paragraphs of R–4403A; Stennis Space Center, MS § 25.143(h) for the en-route § § 25.103, 25.105, 25.107, 25.121, configuration; or AGENCY: Federal Aviation 25.123, 25.125, 25.143, and 25.207. Administration (FAA), DOT. 1. In lieu of § 25.103, define the stall In lieu of § 25.121(d)(2)(ii): ACTION: Final rule. speed as provided in Part I, paragraph (d)(2) The requirements of 3 of these special conditions. subparagraph (d)(1) of this paragraph SUMMARY: This action amends the time 2. In lieu of § 25.105(a)(2)(i), the must be met: of designation for restricted area R– following applies: 4403A, Stennis Space Center, MS, from (ii) In icing conditions with the (i) The V2 speed scheduled in non- ‘‘Intermittent, 1000 to 0300 local time, approach ice accretion defined in 14 icing conditions does not provide the as activated by NOTAM at least 24 maneuvering capability specified in CFR part 25, appendix C, in a configuration corresponding to the hours in advance,’’ to ‘‘Intermittent by § 25.143(h) for the takeoff configuration, NOTAM at least 24 hours in advance.’’ or apply 25.105(a)(2)(ii) unchanged. normal all-engines-operating procedure in which Vmin1g for this configuration The National Aeronautics and Space 3. In lieu of § 25.107(c′) and (g′), the Administration (NASA) requested the following apply, with additional does not exceed 110 percent of the change to meet requirements of the sections (c′) and (g′): Vmin1g for the related all-engines- Space Launch System (SLS) Core Stage (c) In non-icing conditions, V2, in operating landing configuration in icing, test program. terms of calibrated airspeed, must be with a climb speed established with DATES: Effective date 0901 UTC, July 19, selected by the applicant to provide at normal landing procedures, but not 2018. least the gradient of climb required by more than 1.4 VSR (VSR determined in § 25.121(b), but may not be less than— non-icing conditions). FOR FURTHER INFORMATION CONTACT: Paul (1) V2MIN; Gallant, Airspace Policy Group, Office 5. In lieu of § 25.123(b)(2)(i), the of Airspace Services, Federal Aviation (2) VR plus the speed increment following applies: attained (in accordance with Administration, 800 Independence § 25.111(c)(2)) before reaching a height (i) The minimum en-route speed Avenue SW, Washington, DC 20591; of 35 feet above the takeoff surface; and scheduled in non-icing conditions does telephone: (202) 267–8783. (3) A speed that provides the not provide the maneuvering capability SUPPLEMENTARY INFORMATION: maneuvering capability specified in specified in § 25.143(h) for the en-route configuration; or Authority for This Rulemaking § 25.143(h). (c′) In icing conditions with the 6. In lieu of § 25.125(b)(2)(ii)(B) and The FAA’s authority to issue rules ‘‘takeoff ice’’ accretion defined in part § 25.125(b)(2)(ii)(C), the following regarding aviation safety is found in 25, appendix C, V2 may not be less applies: Title 49 of the United States Code. than— Subtitle I, Section 106 describes the (1) The V2 speed determined in non- (B) A speed that provides the authority of the FAA Administrator. icing conditions; and maneuvering capability specified in Subtitle VII, Aviation Programs, (2) A speed that provides the § 25.143(h) with the approach ice describes in more detail the scope of the maneuvering capability specified in accretion defined in 14 CFR part 25, agency’s authority. This rulemaking is § 25.143(h). appendix C. promulgated under the authority (g) In non-icing conditions, VFTO, in 7. In lieu of § 25.143(j)(2)(i), the described in Subtitle VII, Part A, terms of calibrated airspeed, must be following applies: Subpart I, Section 40103. Under that selected by the applicant to provide at section, the FAA is charged with (i) The airplane is controllable in a least the gradient of climb required by prescribing regulations to assign the use pull-up maneuver up to 1.5 g load factor of the airspace necessary to ensure the § 25.121(c), but may not be less than— (1) 1.18 VSR; and or lower if limited by angle-of-attack safety of aircraft and the efficient use of (2) A speed that provides the protection. airspace. This regulation is within the maneuvering capability specified in 8. In lieu of § 25.207, ‘‘Stall warning,’’ scope of that authority as it supports a § 25.143(h). to read as the requirements defined in change to restricted area R–4403A, (g′) In icing conditions with the ‘‘final these special conditions Part I, Stennis Space Center, MS, to safely takeoff ice’’ accretion defined in part 25, paragraph 4. accommodate NASA test programs. appendix C, VFTO may not be less than— Issued in Des Moines, Washington, on History (1) The VFTO speed determined in April 25, 2018. non-icing conditions. The FAA published a notice of amozie on DSK30RV082PROD with RULES (2) A speed that provides the Suzanne Masterson, proposed rulemaking (NPRM) in the maneuvering capability specified in Acting Manager, Transport Standards Federal Register for Docket No. FAA– § 25.143(h). Branch, Policy and Innovation Division, 2017–1109 (83 FR 1319; January 11, 4. In lieu of §§ 25.121(b)(2)(ii)(A), Aircraft Certification Service. 2018). The NPRM proposed to amend 25.121(c)(2)(ii)(A), and 25.121(d)(2)(ii), [FR Doc. 2018–09126 Filed 4–30–18; 8:45 am] the time of designation for restricted the following apply: BILLING CODE 4910–13–P area R–4403A, Stennis Space Center, VerDate Sep<11>2014 16:12 Apr 30, 2018 Jkt 244001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\01MYR1.SGM 01MYR1

Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations 18939 MS, from ‘‘Intermittent, 1000 to 0300 above cited EA titled ‘‘Federal Aviation This final rule removes these outdated local time, as activated by NOTAM at Administration, Adoption of the regulations, thereby bringing the CFR least 24 hours in advance,’’ to Environmental Assessment and FONSI/ into alignment with the terms of the ‘‘Intermittent by NOTAM at least 24 ROD for Redesignation and Expansion statutory authority and eliminating hours in advance.’’ Interested parties of Restricted Airspace R–4403, Stennis unnecessary provisions. were invited to participate in this Space Center, Hancock and Pearl River DATES: Effective Date: May 1, 2018. rulemaking effort by submitting written County, MS, and St Tammany Parrish, FOR FURTHER INFORMATION CONTACT: comments on the proposal. No LA, signed on March 22, 2016; and that Catherine Milhoan, USSS Office of comments were received. no further environmental review is Government and Public Affairs, (202) The Rule required. 406–5708. The FAA is amending 14 CFR part 73 List of Subjects in 14 CFR Part 73 SUPPLEMENTARY INFORMATION: by changing the time of designation for Airspace, Prohibited areas, Restricted Background restricted area R–4403A, Stennis Space areas. Center, MS, from ‘‘Intermittent, 1000 to As part of the Omnibus Crime Control 0300 local time, as activated by NOTAM The Amendment Act of 1970, Congress enacted 18 U.S.C. at least 24 hours in advance,’’ to In consideration of the foregoing, the 1752 (Temporary residence of the ‘‘Intermittent by NOTAM at least 24 Federal Aviation Administration President) (‘‘Section 1752’’), making it hours in advance.’’ amends 14 CFR part 73 as follows: unlawful to willfully and knowingly This change is required to provide the enter or remain in any building or additional restricted area activation time PART 73—SPECIAL USE AIRSPACE grounds designated by the Secretary of needed to accommodate NASA’s SLS the Treasury as a temporary residence of Core Stage engine testing program. The ■ 1. The authority citation for part 73 the President or the temporary offices of current boundaries and designated continues to read as follows: the President and his staff. Public Law altitude for R–4403A remain Authority: 49 U.S.C. 106(f), 106(g); 40103, 91–644, Title V, Sec. 18, 84 Stat. 1891– unchanged. Additionally, this action 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 92 (Jan. 2, 1971). Subsection (d) of does not affect restricted areas R–4403B, 1959–1963 Comp., p. 389. Section 1752 further authorized the C, E, or F (Note: there is no ‘‘D’’ Secretary of the Treasury: § 73.44 [Amended] subdivision). (1) To designate by regulation the ■ 2. Section 73.44 is amended as buildings and grounds which constitute Regulatory Notices and Analyses follows: the temporary residences of the The FAA has determined that this * * * * * President and the temporary offices of regulation only involves an established the President and his staff, and R–4403A Stennis Space Center, MS body of technical regulations for which (2) to prescribe regulations governing [Amended] frequent and routine amendments are ingress or egress to such buildings and necessary to keep them operationally By removing ‘‘Time of Designation. grounds and to posted, cordoned off, or Intermittent, 1000 to 0300 local time, as current. It, therefore: (1) Is not a otherwise restricted areas where the activated by NOTAM at least 24 hours in ‘‘significant regulatory action’’ under advance,’’ and adding in their place: President is or will be temporarily Executive Order 12866; (2) is not a Time of designation. Intermittent by visiting. ‘‘significant rule’’ under Department of NOTAM at least 24 hours in advance. Department of Treasury regulations Transportation (DOT) Regulatory designating the temporary residence of Issued in Washington, DC, on April 24, Policies and Procedures (44 FR 11034; 2018. the President and the temporary offices February 26, 1979); and (3) does not of the President and his staff and Rodger A. Dean, Jr., warrant preparation of a regulatory governing ingress and egress to those Manager, Airspace Policy Group. evaluation as the anticipated impact is buildings and grounds are set forth in [FR Doc. 2018–09101 Filed 4–30–18; 8:45 am] Chapter IV, part 408 of title 31 of the so minimal. Since this is a routine matter that only affects air traffic BILLING CODE 4910–13–P Code of Federal Regulations and consist procedures and air navigation, it is of sections 408.1–408.3 (31 CFR 408.1– certified that this rule, when 408.3). Section 1752 has been amended promulgated, does not have a significant DEPARTMENT OF HOMELAND several times since its enactment in economic impact on a substantial SECURITY 1971. For example, amendments in 1982 number of small entities under the modified subsection (d) to include the criteria of the Regulatory Flexibility Act. Secret Service authority to issue regulations concerning the residences of USSS Environmental Review 31 CFR Part 408 protectees in addition to the President. The FAA determined the modification But further modifications in 2006 have of restricted area R–4403A, Stennis Restricted Buildings and Grounds eliminated the need for implementing Space Center, MS, to be within the AGENCY: U.S. Secret Service, regulations and have removed scope of the Navy and NASA’s Department of Homeland Security. provisions regarding the issuance of Environmental Assessment (EA) and ACTION: Final rule. regulations. Finding of No Significant Impact (FONSI) for the Redesignation and SUMMARY: This final rule repeals Need for Correction Expansion of Restricted Airspace R– outdated U.S. Secret Service (‘‘USSS’’) In 2006, the Secret Service amozie on DSK30RV082PROD with RULES 4403 to Support Military Air-To-Ground regulations concerning the designation Authorization and Technical Munitions Training and NASA Rocket of and access to a temporary residence Modification Act of 2005, Public Law Engine Testing At Stennis Space Center, of the President or other USSS 109–177, Title VI, Sec. 602, 120 Stat. Mississippi dated November 24, 2015; protectee. Due to amendments to the 252 (Mar. 9, 2006), amended Section and the FAA’s decision document relevant statutory authority, the USSS 1752 to eliminate any reference to adopting the airspace portion of the regulations are no longer necessary. regulations. Subsection (d), which VerDate Sep<11>2014 16:12 Apr 30, 2018 Jkt 244001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\01MYR1.SGM 01MYR1


Document Created: 2018-05-01 00:23:37
Document Modified: 2018-05-01 00:23:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective date 0901 UTC, July 19, 2018.
ContactPaul Gallant, Airspace Policy Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267- 8783.
FR Citation83 FR 18938 
RIN Number2120-AA66
CFR AssociatedAirspace; Prohibited Areas and Restricted Areas
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