[Federal Register Volume 66, Number 203 (Friday, October 19, 2001)]
[Proposed Rules]
[Pages 53132-53134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26462]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2001-10286; Airspace Docket No. 01-AEA-11]
RIN 2120-AA66


Proposed Amendment of Restricted Area R-5201, Fort Drum, NY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice proposes to amend the designated altitudes for 
Restricted Area R-5201 (R-5201), Fort Drum, NY, by designating the 
ceiling of the airspace at 23,000 feet mean sea level (MSL) on a year-
round basis. Currently, the upper altitude limit for the restricted 
area changes between 23,000 feet MSL from April 1 through September 30; 
and 20,000 feet MSL, from October 1 through March 31. Increased 
training requirements at Fort Drum have resulted in a regular need for

[[Page 53133]]

restricted airspace up to 23,000 feet MSL throughout the year. This 
proposed modification would not change the current boundaries, time of 
designation, or activities conducted in R-5201.

DATES: Comments must be received on or before December 3, 2001.

ADDRESSES: Send comments on this proposal to the Docket Management 
System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh 
Street, SW., Washington, DC 20590-0001. You must identify the docket 
numbers FAA-2001-10286/Airspace Docket No. 01-AEA-11 at the beginning 
of your comments.
    You may also submit comments through the Internet to http://dms.dot.gov. You may review the public docket containing the proposal, 
any comments received, and any final disposition in person in the 
Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The Dockets Office (telephone 1-800-647-5527) is on 
the plaza level of the NASSIF Building at the Department of 
Transportation at the above address.
    An informal docket may also be examined during normal business 
hours at the office of the Regional Air Traffic Division, Federal 
Aviation Administration, 1 Aviation Plaza, Jamaica, NY 11434.

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, 
environmental, 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 Docket Nos. FAA-2001-
10286/Airspace Docket No. 01-AEA-11.'' The postcard will be date/time 
stamped and returned to the commenter. Send comments on environmental 
and land use aspects to: Moira D. Keane, Environmental Specialist, FAA, 
Eastern Regional Air Traffic Division, 1 Aviation Plaza, Jamaica, NY 
11434. 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

    An electronic copy of this document may be downloaded from the FAA 
regulations section of the Fedworld electronic bulletin board service 
(telephone: 703-321-3339) or the Federal Register's electronic bulletin 
board service (telephone: 202-512-1661) using a modem and suitable 
communications software.
    Internet users may reach the FAA's web page at http://www.faa.gov 
or the Federal Register's web page at http://www.access.gpo.gov/nara 
for access to recently published rulemaking documents.
    Any person may also obtain a copy of this NPRM by submitting a 
request to the FAA, Office of Air Traffic Airspace Management, ATA-400, 
800 Independence Avenue, SW., Washington, DC 20591, or by calling (202) 
267-8783. Communications must identify both docket numbers of this 
NPRM. Persons interested in being placed on a mailing list for future 
NPRM's should call the FAA, Office of Rulemaking, (202) 267-9677, to 
request a copy of Advisory Circular No. 11-2A, which describes the 
application procedure.

Background

    Restricted airspace at Fort Drum, NY, dates back to at least the 
1960's. The current designated altitudes for the restricted area were 
based on past use of the installation as a National Guard facility 
which had primarily seasonal training requirements. The higher altitude 
designated for the period April 1 through September 30 reflected 
increased use of the restricted area by reserve components during 
annual summer training periods. In 1985, an U.S. Army unit, the 10th 
Mountain Division, was activated at Fort Drum with a full time, year-
round training requirement. In addition, over the years, use of R-5201 
has increased by U.S. Air Force units. The reduction of R-5201's upper 
limit to 20,000 feet MSL during the period October 1 through March 31 
has increasingly become a limiting factor to the year-round training 
needs at Fort Drum.

The Proposal

    The FAA is considering an amendment to 14 CFR part 73 to amend the 
designated altitudes of R-5201 Fort Drum, NY. Specifically, this action 
proposes to change the designated altitudes for R-5201 from ``Surface 
to 23,000 feet MSL, April 1 through September 30; surface to 20,000 
feet MSL, October 1 through March 31'' to ``Surface to 23,000 feet 
MSL.'' This proposal would delete the seasonal changes to the upper 
altitude limit and establish 23,000 feet MSL as the upper altitude 
limit on a year-round basis. The 20,000 feet MSL limit adversely 
affects training at Fort Drum and requires units to alter their 
training profiles when 23,000 feet is not available. This is disruptive 
to training continuity and precludes the most cost-effective 
accomplishment of training activities. The U.S. Army has proposed this 
modification to better accommodate existing and forecast training 
requirements at Fort Drum. This action would not change the current 
boundaries, time of designation, or activities conducted within R-5201. 
Thus, as under the current rule, the restricted area's designated 
altitude remains 23,000 feet MSL at all times between April 1 and 
September 30. Under the proposed rule, the restricted area's designated 
altitude would change from 20,000 feet MSL to 23,000 feet MSL for the 
October 1 to March 31 period. Because the time of designation is not 
being amended, between October 1 and March 31, the restricted area 
would continue to be in effect only between 0600 and 1800 local time, 
unless a Notice to Airmen is issued 48 hours in advance; and it would 
continue to be in effect continuously between April 1 and September 30.
    Section 73.52 of 14 CFR part 73 was republished in FAA Order 
7400.8J, dated September 20, 2001.
    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

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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 will be subjected to the appropriate environmental 
analysis in accordance with FAA Order 1050.1D, Policies and Procedures 
for Considering Environmental Impacts, prior to any FAA final 
regulatory action.

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--SPECIAL USE AIRSPACE

    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. 73.52  [Amended]

    2. Sec. 73.52 is amended as follows:
* * * * *

R-5201 Fort Drum, NY [Amended]

    By removing ``Designated altitudes. Surface to 23,000 feet MSL, 
April 1 though September 30; surface to 20,000 feet MSL, October 1 
through March 31'' and substituting ``Designated altitudes. Surface to 
23,000 feet MSL'' in its place.
* * * * *

    Issued in Washington, DC on October 12, 2001.
Reginald C. Matthews,
Manager, Airspace and Rules Division.
[FR Doc. 01-26462 Filed 10-18-01; 8:45 am]
BILLING CODE 4910-13-P