[Federal Register Volume 62, Number 33 (Wednesday, February 19, 1997)]
[Rules and Regulations]
[Pages 7349-7350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4068]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 73
[Airspace Docket No. 96-AGL-16]
RIN 2120-AA66
Amendment to Time of Designation for Restricted Area R-4305, Lake
Superior, MN
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This rule amends the time of designation for Restricted Area
4305 (R-4305), Lake Superior, MN, by reducing the requirement for the
issuance of a Notice to Airmen (NOTAM) from 12 hours in advance to 4
hours in advance of activation of the airspace. The U.S. Air Force
requested this amendment to permit greater flexibility in scheduling R-
4305.
EFFECTIVE DATE: 0901 UTC, May 22, 1997.
FOR FURTHER INFORMATION CONTACT: Steve Brown, Airspace and Rules
Division, ATA-400, Office of Air Traffic Airspace Management, Federal
Aviation Administration, 800 Independence Avenue, SW., Washington, DC
20591; telephone: (202) 267-8783.
SUPPLEMENTARY INFORMATION:
History
On November 5, 1996, the FAA proposed to amend Title 14 of the Code
of Federal Regulations part 73 (14 CFR part 73) to amend the time of
designation for R-4305 from the current ``Intermittent by NOTAM, 12
hours in advance,'' to ``Intermittent by NOTAM, 2 hours in advance.''
(61 FR 56927). Interested parties were invited to participate in this
rulemaking proceeding by submitting written comments on the proposal to
the FAA. No comments objecting to the proposal were received. However,
the FAA determined that 2 hours advance notice did not allow enough
time for the NOTAM to be processed and still have adequate lead time
for airspace users to become aware of the activation prior to their
flights. Therefore, the time of designation will now read:
``Intermittent by NOTAM, 4 hours in advance.'' The FAA's Great Lakes
Region coordinated this change with the regional U.S. Air Force
representative and, on January 27, 1997, the U.S. Air Force formally
accepted the modification to their proposal. Except for editorial
changes and the time of designation change from ``Intermittent by
NOTAM, 2 hours in advance'' to ``Intermittent by NOTAM, 4 hours in
advance,'' this amendment is the same as that proposed in the notice.
Section 73.43 of part 73 of the Federal Aviation Regulations was
republished in FAA Order 7400.8D dated July 11, 1996.
The Rule
This amendment to part 73 of the Federal Aviation Regulations (14
CFR part 73) amends the time of designation for R-4305 from the current
``Intermittent by NOTAM, 12 hours in advance,'' to ``Intermittent by
NOTAM, 4 hours in advance.'' The current 12-hour in advance NOTAM
requirement does not permit the using agency sufficient flexibility to
efficiently accomplish its mission in the event of maintenance or
weather delays, or other operational factors. This action will not
alter the existing boundaries, altitudes, or designated purpose of R-
4305.
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 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 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 action will not affect the existing boundaries, altitudes, or
activities conducted in R-4305. There will be no change from current
operations and no new air traffic procedures will be necessary as a
result of this rule. Therefore, the FAA has determined that this action
is not subject to environmental assessments and procedures in
accordance with FAA Order 1050.1D, ``Policies and Procedures for
Considering Environmental Impacts.''
[[Page 7350]]
List of Subjects in 14 CFR Part 73
Airspace, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 73 as follows:
PART 73--[AMENDED]
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; 14 CFR 11.69.
Sec. 73.43 [Amended]
R-4305 Lake Superior, MN [Amended]
By removing ``Time of Designation. Intermittent by NOTAM, 12 hours
in advance,'' and substituting ``Time of designation. Intermittent by
NOTAM, 4 hours in advance.''
Issued in Washington, DC, on February 7, 1997.
Jeff Griffith,
Program Director for Air Traffic Airspace Management.
[FR Doc. 97-4068 Filed 2-18-97; 8:45 am]
BILLING CODE 4910-13-P
