[Federal Register Volume 68, Number 104 (Friday, May 30, 2003)]
[Proposed Rules]
[Pages 32440-32441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13037]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. 2002-FAA-14912; Airspace Docket No. 03-AWP-4]
RIN 2120-AA66


Proposed Amendment of Restricted Area R-2301E Ajo East, AZ; and 
R-2304, and 2305 Gila Bend, AZ

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This action proposes to amend the designated time of use for 
Restricted Area 2301E Ajo East, AZ, (R-2301E); and R-2304 and R-2305, 
Gila Bend, AZ. Increased training requirements at Luke Air Force Base 
(AFB) have resulted in a continued need for restricted airspace usage 
up to 2400 hours in these areas. This proposed modification of time of 
use would not change the current boundaries or activities conducted in 
the airspace areas.

DATES: Comments must be received on or before July 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 ``FAA Docket 
No. FAA-2002-14912 and Airspace Docket No. 03-AWP-4'' at the beginning 
of your comments. You may also submit comments through the Internet at 
http://dms.dot.gov.

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:

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 both docket numbers and be submitted in 
triplicate to the address listed above.
    Commenters wishing the FAA to acknowledge receipt of their comments 
on this action must submit with those comments a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. FAA-2002-14912 and Airspace Docket No. 03-AWP-4.'' 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 action may be changed in light of 
comments received.
    All comments submitted will be available for examination in the 
public 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. Recently published rulemaking documents 
can also be accessed through the FAA's Web page at http://www.faa.gov 
or the Federal Register's Web page at http://www.access.gpo.gov/nara.
    You may review the public docket containing the proposal; any 
comments received; and any final disposition in person in the Dockets 
Office (see address above) between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. An informal docket may also be 
examined during normal business hours at the office of the Regional Air 
Traffic Division, Federal Aviation Administration, 15000 Aviation 
Boulevard, Lawndale, CA 90261.
    Additionally, any person may obtain a copy of this action 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 for this action. 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.

History

    Restricted airspace areas in the vicinity of Luke AFB, AZ, date 
back to the 1960's. The current designated time of use for these 
restricted areas was based on past use. An FAA review of airspace 
requirements for Luke AFB in January of this year showed the operating 
hours of the restricted areas were being routinely extended by the 
issuance of a Notice to Airmen (NOTAM). As a result of the review, the 
United States Air Force (USAF) requested that the FAA take action to 
change the time of use for these areas to support increased training 
requirements necessitating a regular need for restricted airspace 
availability until 2400 hours.

The Proposal

    Based on the review and the USAF request, the FAA is proposing an 
amendment to Title 14 Code of Federal Regulations (14 CFR) part 73 
(part 73) to amend the designated time of use for R-2301, R-2304, and 
R-2305. Specifically, this action proposes to change the designated 
time of use for R-2301E from ``Monday-Friday, 0630-2230 local time; 
other times by NOTAM,'' to ``Daily, 0630 to 2400 local time; other 
times by NOTAM;'' R-2304 from ``0700-2200 local time; other times by 
NOTAM,'' to ``Monday-Saturday, 0630-2400 local time; other times by 
NOTAM;'' and R-2305 from ``0700-2300 local time; other times by 
NOTAM,'' to ``Monday-Saturday, 0630-2400 local time; other times by 
NOTAM.'' Increased training requirements at Luke AFB have resulted in a 
continued need for restricted airspace availability until 2400 hours. 
This proposed modification would not change the current boundaries or 
activities conducted in the airspace area.
    Section 73.48 of part 73 of the Federal Aviation Regulations was 
republished

[[Page 32441]]

in FAA Order 7400.8K dated September 26, 2002.
    The FAA has determined that this proposed regulation only involves 
an established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
Therefore, this proposed 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 proposal will be subject 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.  73.23  [Amended]

    2. Sec.  73.23 is amended as follows:
* * * * *

R-2301E, Ajo East AZ [Amended]

    By removing ``Time of designation. Monday-Friday, 0630-2230 local 
time; other times by NOTAM,'' and substituting ``Time of designation. 
Daily, 0630-2400 local time; other times by NOTAM.''

R-2304, Gila Bend AZ [Amended]

    By removing ``Time of designation. 0700-2200 local time; other 
times by NOTAM,'' and substituting ``Time of designation. Monday-
Saturday, 0630-2400 local time; other times by NOTAM.''
* * * * *

R-2305, Gila Bend AZ [Amended]

    By removing ``Time of designation. 0700-2300 local time; other 
times by NOTAM,'' and substituting ``Time of designation. Monday-
Saturday, 0630-2400 local time; other times by NOTAM.''
* * * * *

    Issued in Washington, DC, on May 15, 2003.
Reginald C. Matthews,
Manager, Airspace and Rules Division.
[FR Doc. 03-13037 Filed 5-29-03; 8:45 am]
BILLING CODE 4910-13-P