[Federal Register Volume 61, Number 215 (Tuesday, November 5, 1996)]
[Proposed Rules]
[Pages 56927-56928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28414]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 73

[Airspace Docket No. 96-AGL-16]


Proposed Amendment to Time of Designation for Restricted Area R-
4305, Lake Superior, MN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This proposed 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 2 hours in advance of activation of the airspace. 
The U.S. Air Force proposed this amendment to permit greater 
flexibility in scheduling R-4305.

DATES: Comments must be received on or before December 17, 1996.

ADDRESSES: Send comments on the proposal in triplicate to: Manager, Air 
Traffic Division, AGL-500, Docket No. 96-AGL-16, Federal Aviation 
Administration, O'Hare Lake Office Center, 2300 East Devon Avenue, Des 
Plaines, IL 60018.
    The official docket may be examined in the Rules Docket, Office of 
the Chief Counsel, Room 916, 800 Independence Avenue, SW., Washington, 
DC, weekdays, except Federal holidays, between 8:30 a.m. and 5:00 p.m.
    An informal docket may also be examined during normal business 
hours at the office of the Regional Air Traffic Division.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, 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:

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, 
and energy-related aspects of the proposal. Communications should 
identify the airspace docket number and be submitted in triplicate to 
the address listed above. Commenters wishing the FAA to acknowledge 
receipt of their comments on this notice must submit with those 
comments a self-addressed, stamped postcard on which the following 
statement is made: ``Comments to Airspace Docket No. 96-AGL-16.'' 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 notice may be changed in light of 
comments received. All comments submitted will be available for 
examination in the Rules 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

    Any person may obtain a copy of this Notice of Proposed Rulemaking 
(NPRM) by submitting a request to the Federal Aviation Administration, 
Office of Air Traffic Airspace Management, Attention: Airspace and 
Rules Division, ATA-400, 800 Independence Avenue, SW., Washington, DC 
20591, or by calling (202) 267-8783. Communications must identify the 
notice number of this NPRM. Persons interested in being placed on a 
mailing list for future NPRM's should call the FAA's Office of 
Rulemaking, (202) 267-9677 for a copy of Advisory Circular No. 11-2A, 
which describes the application procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 of the Code of 
Federal Aviation 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

[[Page 56928]]

advance,'' to ``Intermittent by NOTAM, 2 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 proposal would not alter the existing boundaries, 
altitudes, or designated purpose of R-4305.
    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. 
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, 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 would not affect the existing boundaries, altitudes, 
or activities conducted in R-4305. There would be no change from 
current operations and no new air traffic procedures would be necessary 
as a result of this proposed 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.''

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--[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.

    2. Section 73.43 is amended as follows:


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, 2 hours in advance.''

    Issued in Washington, DC, on October 29, 1996.
Jeff Griffith,
Program Director for Air Traffic Airspace Management.
[FR Doc. 96-28414 Filed 11-4-96; 8:45 am]
BILLING CODE 4910-13-P