[Federal Register Volume 67, Number 30 (Wednesday, February 13, 2002)]
[Rules and Regulations]
[Pages 6644-6645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3530]


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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


Amendment of Restricted Area 5201, Fort Drum, NY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends 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 
from 23,000 feet MSL for the period April 1 through September 30 to 
20,000 feet MSL for the period October 1 through March 31. Increased 
training requirements at Fort Drum have resulted in a regular need for 
restricted airspace up to 23,000 feet MSL throughout the year. This 
modification does not alter the current boundaries, time of 
designation, or activities conducted in R-5201.

EFFECTIVE DATE: 0901 UTC, April 18, 2002.

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:

[[Page 6645]]

Background

    On October 19, 2001, the FAA proposed to amend 14 CFR part 73 to 
modify the designated altitudes for Restricted Area R-5201, Fort Drum, 
NY (66 FR 53132). Interested parties were invited to participate in 
this rulemaking by submitting comments. No comments were received.

The Rule

    This action amends 14 CFR part 73 by changing the designated 
altitudes of R-5201, Fort Drum, NY. Specifically, this action changes 
the designated altitudes 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 amendment deletes 
the seasonal changes to the upper altitude limit of R-5201 and 
establishes 23,000 feet MSL as the permanent upper altitude limit on a 
year-round basis. The 20,000 feet MSL limit for 6 months of the year 
adversely affects military training at Fort Drum and requires units to 
alter their training profiles when the 23,000 feet MSL ceiling is not 
available. This limitation is disruptive to training continuity and 
precludes the most cost-effective accomplishment of training 
activities. The U.S. Army requested this modification to better 
accommodate existing and forecast training requirements at Fort Drum. 
This action does not change the current boundaries, time of 
designation, or activities conducted within R-5201.
    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. 
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

    The FAA determined that this change applies to on-going military 
activities occurring between 20,000 feet MSL and 23,000 feet MSL, and 
not over noise-sensitive areas; that there will be no significant noise 
increase associated with this change; and no significant air quality 
impacts. The FAA further determined that this action does not trigger 
any extraordinary circumstances that would warrant further 
environmental review. The FAA concluded that this action is 
categorically excluded from further environmental analysis in 
accordance with FAA Order 1050.1D, Policies and Procedures for 
Considering Environmental Impacts; and the FAA/DOD Memorandum of 
Understanding concerning Special Use Airspace Environmental Actions, 
dated January 26, 1998.

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--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. Section 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 inserting ``Designated altitudes. Surface to 
23,000 feet MSL.''
* * * * *

    Issued in Washington, DC on February 6, 2002.
Reginald C. Matthews,
Manager, Airspace and Rules Division.
[FR Doc. 02-3530 Filed 2-12-02; 8:45 am]
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