[Federal Register Volume 68, Number 18 (Tuesday, January 28, 2003)]
[Proposed Rules]
[Pages 4118-4120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1874]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2002-13414; Airspace Docket No. 02-AGL-7]
RIN 2120-AA66


Proposed Modification of Restricted Areas R-6904A and R-6904B, 
Volk Field, WI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This action proposes to raise the upper limit of Restricted 
Areas 6904A (R-6904A) and 6904B (R-6904B), Volk Field, WI, from 17,000 
feet above

[[Page 4119]]

mean sea level (MSL) to Flight Level 230 (FL 230). Expanding the 
vertical limit would facilitate the transition of participating 
aircraft between these restricted areas and the overlying Volk West Air 
Traffic Control Assigned Airspace (ATCAA). The additional airspace is 
needed to fulfill new U.S. Air Force (USAF) training requirements. No 
other changes to R-6904A or R-6904B are proposed.

DATES: Comments must be received on or before March 14, 2003.

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-2002-13414/Airspace Docket No. 02-AGL-7 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, 2300 East Devon Avenue, Des Plaines, IL 60018.

FOR FURTHER INFORMATION CONTACT: Steve Rohring, 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-2002-
13414/Airspace Docket No. 02-AGL-7.'' 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

    An electronic copy of this document may be downloaded through the 
internet at http://dms.dot.gov.
    Additionally, any person may obtain a copy of this notice by 
submitting a request to the Federal Aviation Administration, 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's Office 
of Rulemaking, (202) 267-9677, for a copy of Advisory Circular No. 11-
2A, Notice of Proposed Rulemaking Distribution System, which describes 
the application procedure.

Background

    By letter, the USAF requested that the FAA take action to increase 
the vertical limits of R-6904A and R-6904B from 17,000 feet above MSL 
to FL 230. Currently, participating aircraft must change their flight 
profile when crossing the 1,000 feet of airspace located above the 
restricted areas and below the Volk West ATCAA. This requested action 
would facilitate the transition of participating aircraft between these 
restricted areas and the overlying Volk West ATCAA by eliminating the 
1,000-foot gap between the restricted areas and the ATCAA. This 
proposed action would also provide additional airspace needed to 
fulfill new USAF training requirements. Specifically, new training 
requirements call for practicing the release of bombs from higher 
altitudes than are currently available within the existing airspace 
structure. The current upper limit of 17,000 feet above MSL is not 
suitable for meeting this new training requirement. Raising the ceiling 
to FL 230 would allow for the required practice. No other changes to R-
6904A or R-6904B are requested.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 73 to raise the 
vertical limits of R-6904A and R-6904B from 17,000 feet above MSL to FL 
230. This additional altitude is required to eliminate the 1,000-foot 
gap between the restricted areas and the overlying Volk West ATCAA, and 
to meet the Air Force's requirement to practice the release of bombs 
from higher altitudes than are currently available within the existing 
restricted area airspace. No other changes to R-6904A or R-6904B are 
proposed.
    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, 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 an environmental analysis in 
accordance with FAA Order 1050.1D, Procedures for Handling 
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.  73.63  [Amended]

    2. Sec.  73.63 is amended as follows:
* * * * *

[[Page 4120]]

R-6904A Volk Field, WI [Amended]

    By removing the current designated altitudes and substituting the 
following:
    Designated altitudes. 150 feet AGL to FL 230.
* * * * *

R-6904B Volk Field, WI [Amended]

    By removing the current designated altitudes and substituting the 
following:
    Designated altitudes. Surface to FL 230.
* * * * *

    Issued in Washington, DC on January 21, 2003.
Reginald C. Matthews,
Manager, Airspace and Rules Division.
[FR Doc. 03-1874 Filed 1-27-03; 8:45 am]
BILLING CODE 4910-13-P