[Federal Register Volume 66, Number 127 (Monday, July 2, 2001)]
[Rules and Regulations]
[Pages 34808-34810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16603]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Airspace Docket No. 99-ANM-15]
RIN 2120-AA66


Establishment and Revision of Restricted Areas, ID

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies R-3202A Saylor Creek, ID, by establishing 
High and Low areas within the existing area A, and revoking R-3202B and 
C. Additionally this action establishes three new Restricted Areas (R-
3204A, B, and C) at Juniper Butte, ID, as part of the Enhanced Training 
in Idaho (ETI) initiative. The FAA is taking this action in response to 
a US Air Force (USAF) request for airspace modifications to support its 
rapid-response air expeditionary wing training requirements.

EFFECTIVE DATE: 0901 UTC, September 6, 2001.

FOR FURTHER INFORMATION CONTACT: Ken McElroy, 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:

Background

    On April 25, 2000, the FAA proposed to revise and establish 
restricted airspace in Idaho to support the USAF rapid-response air 
expeditionary wing training requirements (65 FR 24142). Interested 
parties were invited to participate in this rulemaking proceeding by 
submitting written comments on the proposal to the FAA.
    One comment was received objecting to the proposal from the 
Wilderness Society representing the Committee for Idaho's High Desert, 
Idaho Rivers United, Middle Snake River Chapter of the Sierra Club, and 
the Idaho Conservation League. The Wilderness Society objected to the 
FAA issuing a proposed rule without being initially

[[Page 34809]]

notified and kept informed of the issue. They further objected to the 
Federal Register notice since it did not contain detailed maps of the 
proposed action.
    The FAA does not agree with this commenter. The purpose of the 
notice of proposed rulemaking (NPRM) was to inform, and solicit, public 
comments on the overall regulatory, aeronautical, economic, 
environmental, and energy related impacts of the proposal. While the 
chart was not published in the Federal Register with the NPRM, the FAA 
believes that the proposed action contained sufficient information to 
convey the proposed action. Notwithstanding, the Wilderness Society's 
comments concerning the environment were reviewed as part of the FAA 
in-depth review, and adoption, of the ``Enhanced Training in Idaho 
Environmental Impact Statement (ETI EIS).''
    Except for editorial changes, this amendment is the same as that 
proposed in the Notice.
    The coordinates for this airspace docket are based on North 
American Datum 83. Section 73.32 of part 73 of the Federal Aviation 
Regulations was republished in FAA Order 7400.8H dated September 1, 
2000.

The Rule

    The FAA amends 14 CFR part 73 (part 73) of the Federal Aviation 
Regulations and re-designates R-3202A Saylor Creek ID, by reducing its 
size and sub-dividing the remaining airspace into High and Low areas, 
raising the ceiling of the high area from FL 180 to FL 290, and 
revoking R-3202B and C. In addition this action establishes three 
additional smaller Restricted Areas, R-3204A, R-3204B and R-3204C at 
Juniper, Butte, ID as part of the USAF ETI initiative.
    The new restricted areas permit the safe delivery of training 
ordnance into an impact area. This action eliminates restricted 
airspace south of the existing Saylor Creek Range and results in an 
overall reduction of restricted airspace. The new restricted airspace 
for the Juniper Butte training range is being established over a 
12,000-acre area with one 300-acre ordnance impact area. The USAF has 
requested these modifications to support its unique rapid-response air 
expeditionary wing training requirements.
    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 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 action was requested by the USAF as part of the ETI 
initiative, which also includes non-rulemaking airspace actions. 
Pursuant to Section 102(2) of the National Environmental Policy Act of 
1969 (NEPA), regulations of the Council on Environmental Quality 
implementing NEPA, and other applicable law, the USAF prepared and 
published a Final Environmental Impact Statement (FEIS) that analyzed 
the potential environmental impacts associated with the ETI. The USAF 
issued a Record of Decision (ROD) for the ETI on March 10,1998, and 
selected the Juniper Butte alternative, which was identified as the 
environmentally preferred alternative. The ROD, and a Supplement to the 
ROD issued by the USAF in September 1998, included a number of measures 
to mitigate environmental impacts. Following litigation regarding the 
ETI and previous USAF actions in Idaho (Greater Owyhee Legal Defense v. 
United States Department of Defense et al., No. CIV 92-0189-S-BLW (D. 
Idaho); The Wilderness Society et al. v. United States Department of 
Defense et al., No. CIV 96-0326-BLW (D. Idaho); Greater Owyhee Legal 
Defense v. Col. Gerald F. Pease, Jr. et al., No. CIV 98-0162-S-BLW (D. 
Idaho); The Wilderness Society and Committee for Idaho's High Desert v. 
Bureau of Land Management, IBLA No. 99-216 (Interior Board of Land 
Appeals 1999)), the USAF entered into a Settlement Agreement that 
included additional mitigation measures and established a Settlement 
Implementation Group.
    The FAA has conducted a written reevaluation of the FEIS in 
accordance with FAA Order 1050.1D, paragraph 91, and is adopting the 
FEIS for this action pursuant to 40 CFR 1506.3(a) and (c). A copy of 
the written reevaluation has been placed in the public docket for this 
rulemaking. All practicable means to avoid or minimize environmental 
harm from the alternative selected have been adopted.
    The FAA has also approved the non-rulemaking airspace actions 
included in the ETI initiative. The record of the non-rulemaking 
decision is contained in a Non-Rulemaking Decision Document (NRDD) 
dated June 22, 2001. A copy of the NRDD has been placed in the public 
docket for this rulemaking.

List of Subjects in 14 CFR Part 73

    Airspace, Navigation (air).

The Amendment

    The FAA amends 14 CFR part 73 as follows:

PART 73--[AMENDED]

    1. The authority citation for 14 CFR 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. 73.32  [Amended]

    2. Section 73.32 is amended as follows:

* * * * *

R-3202A Saylor Creek, ID [Revoke]

R-3202B Saylor Creek, ID [Revoke]

R-3202C Saylor Creek, ID [Revoke]

R-3202 Low Saylor Creek, ID [New]

    Boundaries. Beginning at lat. 42 deg.53'00" N., long. 
115 deg.42'20" W.; at lat. 42 deg.53'00" N., long. 115 deg.24'15" 
W.; at lat. 42 deg.36'00" N., long. 115 deg.24'15" W.; at lat. 
42 deg.36'00" N., long. 115 deg.42'20" W.; to the point of 
beginning.
    Designated altitudes. Surface to but not including FL 180.
    Times of use. 0730-2200 local time, Monday through Friday, other 
times by NOTAM.
    Controlling agency. FAA Salt Lake City, ARTCC.
    Using agency. USAF, 366th Wing, Mountain Home AFB, ID.

R-3202 High Saylor Creek, ID [New]

    Boundaries. Beginning at lat. 42 deg.53'00" N., long. 
115 deg.42'20" W.; at lat. 42 deg.53'00" N., long. 115 deg.24'15" 
W.; at lat. 42 deg.36'00" N., long. 115 deg.24'15" W.; at lat. 
42 deg.36'00" N., long. 115 deg.42'20" W.; to the point of 
beginning.
    Designated altitudes. FL 180 to FL 290.
    Times of use. 0730-2200 local time, Monday through Friday, other 
times by NOTAM.
    Controlling agency. FAA Salt Lake City, ARTCC.
    Using agency. USAF, 366th Wing, Mountain Home AFB, ID.

R-3204A Juniper Buttes, ID [New]

    Boundaries. Beginning at lat. 42 deg.20'00" N., long. 
115 deg.22'30" W.; at lat. 42 deg.20'51" N., long. 115 deg.18'00" 
W.; at lat. 42 deg.19'00" N., long. 115 deg.17'00" W.; at lat. 
42 deg.16'35" N., long. 115 deg.17'00" W.; at lat. 42 deg.16'35" N., 
long. 115 deg.22'30" W.; to the point of beginning.
    Designated altitudes. Surface to 100 feet AGL.
    Times of use. 0730-2200 local time, Monday through Friday, other 
times by NOTAM.

[[Page 34810]]

    Controlling agency. FAA Salt Lake City, ARTCC.
    Using agency. USAF, 366th Wing, Mountain Home AFB, ID.

R-3204B Juniper Buttes, ID [New]

    Boundaries. The airspace within a 5-NM radius centered on 
(lat.42 deg.18'00" N., long. 115 deg.20'00" W.;)
    Designated altitudes. 100 feet AGL to but not including FL 180.
    Times of use. 0730-2200 local time, Monday through Friday, other 
times by NOTAM.
    Controlling agency. FAA Salt Lake City, ARTCC.
    Using agency. USAF, 366th Wing, Mountain Home AFB, ID.

R-3204C Juniper Buttes, ID [New]

    Boundaries. The airspace within a 5-NM radius centered on (lat. 
42 deg.18'00" N., long. 115 deg.20'00" W.;)
    Designated altitudes. FL 180 to FL 290.
    Times of use. 0730-2200 local time, Monday through Friday, other 
times by NOTAM.
    Controlling agency. FAA Salt Lake City, ARTCC.
    Using agency. USAF, 366th Wing, Mountain Home AFB, ID.

* * * * *

    Issued in Washington, DC, on June 26, 2001.
Reginald C. Matthews,
Manager, Airspace and Rules Division.
[FR Doc. 01-16603 Filed 6-29-01; 8:45 am]
BILLING CODE 4910-13-P