[Federal Register: October 23, 2007 (Volume 72, Number 204)]
[Proposed Rules]
[Page 59971-59973]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23oc07-13]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA-2007-28632; Airspace Docket No. 07-ASW-3]
RIN 2120-AA66
Proposed Modification of Restricted Area 3404; Crane, IN
AGENCY: Federal Aviation Administration (FAA), DOT.
[[Page 59972]]
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This action proposes to modify Restricted Area 3404 (R-3404)
at Crane, IN. The United States (U.S.) Navy requests that the FAA take
action to modify R-3404 for the protection of nonparticipating aircraft
from fragments generated during the disposal of a variety of types of
ordnance.
DATES: Comments must be received on or before December 7, 2007.
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-2007-
28632 and Airspace Docket No. 07-ASW-3, at the beginning of your
comments. You may also submit comments through the Internet at http://www.regulations.gov
.
FOR FURTHER INFORMATION CONTACT: Steve Rohring, Airspace and Rules
Group, Office of System Operations Airspace and AIM, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone: (202) 267-8783.
SUPPLEMENTARY INFORMATION:
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-2007-28632 and Airspace Docket No. 07-ASW-3) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://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-2007-28632 and Airspace Docket No. 07-ASW-3.''
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://www.regulations.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 at the Docket
Management Facility (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 Central Service Center, Federal
Aviation Administration, 2601 Meacham Blvd; Fort Worth, TX 76193-0500.
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.
History
On January 31, 2007, the U.S. Navy requested that the FAA take
action to modify R-3404. The requested action is needed to provide
additional airspace to protect nonparticipating aircraft from blast
fragments generated during the disposal of a variety of types of
ordnance at the Naval Support Activity Crane's (NSA Crane) Demolition
Range.
The Proposal
At the request of the U.S. Navy, the FAA is proposing an amendment
to Title 14 Code of Federal Regulations (14 CFR) part 73 to modify R-
3404. The modification would better center the restricted area over NSA
Crane's blast area, enlarge the restricted area from a 1/2-nm radius to
a 1-nm radius, increase the ceiling from 2,500 feet MSL to 4,100 feet
MSL, and change the name of the using agency from ``Commanding Officer,
Naval Ammunition Depot, Crane, IN'' to ``U.S. Navy, Crane Division,
Naval Surface Warfare Center tenant of NSA Crane.''
Section 73.34 of Title 14 CFR part 73 was republished in FAA Order
7400.8N, effective February 16, 2007.
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.
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 modify R-3404, Crane, IN., for the protection of
nonparticipating aircraft during the disposal of a variety of types of
ordnance.
Environmental Review
This proposal will be subjected 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:
[[Page 59973]]
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.
Sec. 73.34 [Amended]
2. Sec. 73.34 is amended as follows:
* * * * *
R-3404--Crane, IN [Revised]
Boundaries. That airspace within a 1 NM radius of lat.
38[deg]49'30'' N., long. 86[deg]50'08'' W.
Designated altitudes. Surface to and including 4,100 feet MSL.
Times of Designation. Sunrise to sunset, daily from May 1
through and including November 1. Other times by NOTAM 24 hours in
advance.
Controlling Agency. FAA, Terre Haute ATCT.
Using Agency. U.S. Navy, Crane Division, Naval Surface Warfare
Center tenant of NSA Crane
* * * * *
Issued in Washington, DC, October 16, 2007.
Paul Gallant,
Acting Manager, Airspace and Rules Group.
[FR Doc. E7-20795 Filed 10-22-07; 8:45 am]
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