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Old April 5th 04, 09:02 PM
Larry Dighera
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Default AOPA Sells-Out California Pilots in Military Airspace Grab?


Another attempted military airspace grab?

The USMC wants to convert the San Onofre High and Low MOAs, that lie
along the busy, aircraft-congested Pacific coastline, into a
Restricted Area: R-2503D. The USMC say they need 38% higher
Restricted Airspace to conduct live-fire artillery and aerial drone
operations that would pose a mortal danger to civil air commerce
flights along the coastline between 2,000 feet and 11,000 feet.

This proposed amendment would convert the San Onofre High and Low
MOAs (and the associated CFA) into Restricted Area R–2503D, which
would extend from 2,000 feet MSL up to 11,000 feet MSL, or 38% (3,000
feet) higher than the existing San Onofre MOAs it would replace.

Despite the fact that the military were originally denied the
exclusive airspace use provided by a restricted area that INCLUDES
VICTOR AIRWAYS, they are again requesting it. But this time they want
to include remotely operated aircraft INCAPABLE OF COMPLYING WITH
SEE-AND-AVOID REGULATIONS, and significantly increase its height above
the existing 8,000 foot MOA. (What is curious is how the live
artillery fire and drones will not affect air commerce below 2,000
feet.)

If this NPRM were adopted, the Oceanside VOR-A Approach, Carlsbad
(McClellan-Palomar) ILS Rwy 24 and VOR GPS-A approaches, the holding
function of Oceanside VORTAC (OCN), V-23 and V-208 would all be
negatively impacted.

Although R–2503D would be limited to a maximum use of 20 days per year
from 0600 to 2400 hours local time, and no more than 90 days per year
between 0001 and 0600 local time, during those times (up to 110-days
annually) (the way the NPRM is currently worded) civil aircraft would
be banned from use of Victor Airways V-23 and V-208 below 11,000 feet,
the Oceanside VOR-A Approach, and the holding function of Oceanside
VORTAC, thus negatively impacting air commerce.

The USMC has requested these changes because the existing special use
airspace does not permit essential large-scale amphibious assault
activities (including artillery live-fire, fixed-wing close air
support, and remotely operated aircraft operations).


AOPA supports this military airspace grab!:

http://www.aopa.org/whatsnew/newsite...04-1-161x.html
AOPA is backing the creation of one restricted area in California
and the modification of another in Georgia because, in each case,
the result would actually improve general aviation operations
around military training areas.

Near Camp Pendleton in southern California, close cooperation
between the U.S. Marine Corps, the Southern California Airspace
Working Group (of which AOPA is part), and local pilots, a new
restricted area proposed on Friday may actually ease operations
along the coastline.

"From the outset, the Marine Corps sought out the general aviation
community and worked with us to minimize the impact of their
proposal," said AOPA Manager of Air Traffic Heidi Williams. "As a
result, we've got a proposal that will let the Marines train they
way they fight while allowing GA pilots to use adjacent Victor
airways."

The Marines want to replace the San Onofre High and Low military
operations areas with a new restricted area, R-2503D, which will
directly overly R-2503A, extending up to 11,000 feet, and would
include a number of mitigation efforts.


I am unable to find any language from AOPA nor FAA that supports the
contention, that this new Restricted Area will permit civil flights to
use the Oceanside VOR-A Approach, Carlsbad (McClellan-Palomar) ILS Rwy
24 and VOR GPS-A approaches, the holding function of Oceanside VORTAC
(OCN), V-23 and V-208 when the proposed Restricted Area R-2503D is
"hot." Did AOPA and the FAA fail to disclose an explanation of their
mitigation efforts, or did I miss something?


The comment period for the notice of proposed rule making (NPRM)
closes on May 10, 2004.

Voice your comments to the FAA he http://dmses.dot.gov/submit/

----------------------------------------------------------
Here's the NPRM:

http://dmses.dot.gov/docimages/p78/274726.pdf
http://dmses.dot.gov/docimages/pdf89/274726_web.pdf
Federal Register / Vol. 69, No. 59 /
Friday, March 26, 2004 / Proposed Rules

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA–2003–16722; Airspace
Docket No. 03–AWP–19]
RIN 2120–AA66
Establishment of Restricted Area
2503D, Camp Pendleton; CA
ACTION: Notice of proposed rulemaking
(NPRM).
SUMMARY: This action proposes to
establish a restricted area (R–2503D)
over Camp Pendleton, CA. Specifically,
this action proposes to convert the
current San Onofre High and Low
Military Operations Areas (MOA) and
the associated Controlled Firing Area
(CFA) to R–2503D. The FAA is taking
this action to assist the Camp Pendleton
U.S. Marine Corps (USMC) Base, CA,
mission of providing realistic fleet
training requirements and to enhance
safety.
DATES: Comments must be received on
or before May 10, 2004.
ADDRESSES: Send comments on this
proposal to the Docket Management
System, U.S. Department of
Transportation, Room Plaza 401, 400
Seventh Street, SW., Washington, DC
20590–0001. You must identify FAA
Docket No. FAA–2003–16722, and
Airspace Docket No. 03–AWP–19, at the
beginning of your comments. You may
also submit comments on the Internet at
http://dms.dot.gov.
http://dmses.dot.gov/submit/

FOR FURTHER INFORMATION CONTACT: Ken
McElroy, Airspace and Rules, Office of
System Operations and Safety, ATOP–R,
Federal Aviation Administration, 800
03–AWP–19) 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 http://dms.dot.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–2003–16722, and
Airspace Docket No. 03–AWP–19.’’ The
postcard will be date/time stamped and
returned to the commenter.
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 NPRM’s
An electronic copy of this document
may be downloaded through the
Internet at http://dms.dot.gov. Recently
published rulemaking documents can
also be accessed through the FAA’s Web
page at http://www.faa.gov, or the
Federal Register’s Web page at http://
www.gpoaccess.gov/fr/index.html.
You may review the public docket
containing the proposal, any comments
received and any final disposition in
person in the Dockets Office (see
ADDRESSES section for address and
phone number) between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. An informal docket
may also be examined during normal
business hours at the office of the
Regional Air Traffic Division, AWP–
520, 15000 Aviation Boulevard,
Lawndale, CA 90261.
Persons interested in being placed on
a mailing list for future NPRM’s 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.
The Proposal
The FAA is proposing an amendment
to Title 14 Code of Federal Regulations
(14 CFR) part 73 (part 73) to revise and
expand the dimensions of the current
San Onofre MOAs over the Camp
Pendleton, CA, area. The USMC has
requested these changes because the
existing special use airspace does not
permit essential large-scale amphibious
assault activities (including artillery
live-fire, fixed-wing close air support,
and remotely operated aircraft
operations).
The existing restricted areas over
Camp Pendleton are R–2503A,
extending from the surface up to 2000
feet mean sea level (MSL); R–2503B,
extending from the surface up to 15,000
feet MSL; and R–2503C, extending from
15,000 feet MSL to FL 270. These areas
will not be changed. The San Onofre
High and Low MOAs lie adjacent to the
restricted areas from 2,000 feet MSL up
to, but not including 8,000 feet MSL.
This proposed amendment would
convert the San Onofre High and Low
MOAs, and the associated CFA to R–
2503D, which would extend from 2,000
feet MSL up to 11,000 feet MSL. The
San Onofre MOA and CFA designations
would be revoked.
The time of designation for R–2503D
would be intermittent by NOTAM 24
hours in advance, and limited to a
maximum use of 20 days per year from
0600 to 2400 hours local time, and no
more than 90 days per year between
0001 and 0600 local time. The restricted
area would be available for joint-use and
scheduled for training operations on an
as needed basis subject to the maximum
use limits.
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 DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
Environmental Review
This proposal will be subject to the
appropriate environmental analysis in
accordance with FAA Order 1050.1D,
Policies and Procedures for Considering
Environmental Impacts, prior to any
FAA final regulatory action.
List of Subjects in 14 CFR Part 73
Airspace, Navigation (air).
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
1. The authority citation for part 73
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 73.25 [Amended]
2. § 73.25 is amended as follows:
* * * * *
R–2503D Camp Pendleton, CA [Added]
Boundaries. Beginning at lat. 33°22'42? N.;
long. 117°36'45? W.; to lat. 33°27'13? N.;
long. 117°34'17? W.; to lat. 33°18'41? N.;
long. 117°23'58? W.; to lat. 33°17'30? N.;
long. 117°16'43? W.; to lat. 33°14'09?N.;
long. 117°26'38? W.; to the point of the
beginning by following a line 1 NM from
and parallel to the shoreline.
Designated altitudes. 2,000 feet MSL to
11,000 feet MSL.
Time of designation. Intermittent by
NOTAM 24 hours in advance not to exceed
20 days per year from 0600 to 2400 local time
and not more than 90 days per year between
0001 and 0600 local.
Controlling agency. FAA, Southern
California TRACON.
Using agency. U.S. Marine Corps,
Commanding General, MCB Camp Pendleton,
CA.
* * * * *
Issued in Washington, DC, March 18, 2004.
Reginald C. Matthews,
Manager, Airspace and Rules.
[FR Doc. 04–6747 Filed 3–25–04; 8:45 am]
BILLING CODE 4910–13–P


* notice of proposed rulemaking:
http://ecfr.gpoaccess.gov/cgi/t/text....1.2.2&idno=14