[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