[Federal Register Volume 75, Number 142 (Monday, July 26, 2010)]
[Rules and Regulations]
[Pages 43399-43400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17937]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA-2007-28633; Airspace Docket No. 07-ASW-7]
RIN 2120-AA66
Establishment of Restricted Area R-3405; Sullivan, IN
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action establishes Restricted Area R-3405 at Sullivan,
IN, to support deep-water electronic, ordnance and pyrotechnics testing
by the U.S. Navy. The FAA is taking this action to protect
nonparticipating aircraft from a tethered aerostat balloon used to
deploy radar, electro-optic, camera, and other sensor packages at Naval
Support Activity (NSA) Crane's Glendora Lake Test Facility.
DATES: Effective date 0901 UTC, September 23, 2010. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.
FOR FURTHER INFORMATION CONTACT: Colby Abbott, 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:
History
On Friday, August 31, 2007, the FAA published in the Federal
Register a notice of proposed rulemaking (NPRM) to establish restricted
Area R-3405 near Sullivan, IN (72 FR 50300). Interested parties were
invited to participate in this rulemaking effort by submitting written
comments on the proposal. No comments were received. The U.S. Navy
lowered the proposed ceiling from 2,000 feet MSL to 1,600 feet MSL
after a FAA study found that the proposed establishment of restricted
area R-3405, when active, would impact aircraft operations at Sullivan
Country Airport, located near the test facility. With the exception of
editorial changes, and the change described above, this rule is the
same as that proposed in the NPRM.
The Rule
This action amends Title 14 Code of Federal Regulations (14 CFR)
part 73 by establishing restricted area R-3405 over an area near
Sullivan, IN. This restricted area covers less than 1 square nautical
mile and extends from the surface up to and including 1,600 feet MSL,
and will ensure flight safety by separating non-participating aircraft
from tethered aerostat balloon operations conducted by the NSA Crane
Lake Glendora Test Facility.
Section 73.34 of Title 14 CFR part 73 was republished in FAA Order
7400.8S, effective February 16, 2010.
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.
Therefore, this 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 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.
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 establishes restricted airspace at Sullivan, IN.
Environmental Review
Pursuant to Section 102(2) of the National Environmental Policy Act
of 1969 (NEPA), the Council on Environmental Quality (CEQ) regulations
implementing NEPA (40 CFR Parts 1500-1508), and other applicable law,
the U.S. Navy prepared and published a Final Environmental Assessment
(FEA) in June 2008 that analyzed the potential for environmental
impacts associated with the proposed NSA Crane and Naval Surface
Warfare Center (NSWC) Glendora Lake Test Facility requirements. In July
2009, the U.S. Navy issued a Finding of No Significant Impact (FONSI)
based on the results of the FEA. In accordance with applicable CEQ
regulations (40 CFR 1501.6) and the Memorandum of Understanding (MOU)
between FAA and Department of Defense (DOD) dated October 2005, the FAA
was a cooperating agency on the FEA.
The FAA has conducted an independent review of the FEA and is
adopting the FEA for this action pursuant to 40 CFR 1506.3(a) and (c)
and has issued an Adoption of FEA and FONSI/Record of Decision (ROD)
dated May 2010. This final rule, which establishes restricted area R-
3405, will not result in significant environmental impacts. A copy of
the FAA Adoption of FEA and FONSI/ROD has been placed in the public
docket for this rulemaking.
List of Subjects in 14 CFR Part 73
Airspace, Prohibited areas, Restricted areas.
Adoption of the Amendment
0
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(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.
Sec. 73.34 [Amended]
0
2. Sec. 73.34 is amended as follows:
* * * * *
[[Page 43400]]
R-3405 Sullivan, IN [New]
Boundaries. Beginning at lat. 39[deg]07'41'' N., long.
87[deg]22'02'' W.; to lat. 39[deg]07'41'' N., long. 87[deg]21'29''
W.; to lat. 39[deg]07'39'' N., long. 87[deg]21'29'' W.; to lat.
39[deg]07'39'' N., long. 87[deg]21'26'' to lat. 39[deg]07'41'' N.,
long. 87[deg]21'25'' W.; to lat. 39[deg]07'41'' N., long.
87[deg]21'12'' W.; to lat. 39[deg]07'00'' N., long. 87[deg]21'08''
W.; to lat. 39[deg]07'00'' N., long. 87[deg]21'46'' W.; to lat.
39[deg]06'36'' N., long. 87[deg]21'47'' W.; to lat. 39[deg]06'36''
N., long. 87[deg]22'03'' W.; to the point of beginning.
Designated altitudes. Surface up to and including 1,600 feet
MSL.
Times of Designation. By NOTAM 24 hours in advance.
Controlling Agency. FAA, Terre Haute ATCT.
Using Agency. U.S. Navy, Naval Support Activity Crane, IN.
Issued in Washington, DC, on July 15, 2010.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. 2010-17937 Filed 7-23-10; 8:45 am]
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