[Federal Register Volume 68, Number 221 (Monday, November 17, 2003)]
[Proposed Rules]
[Pages 64833-64834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28617]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2003-15411; Airspace Docket No. 02-ANM-15]
RIN 2120-AA66


Establishment of Restricted Area 4601 A, B, C, and D, Bearpaw; MT

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish new restricted areas (R-4601 
A, B, C, and D) in the vicinity of Bearpaw, MT, as part of a Montana 
Air National Guard (MANG) training initiative. The MANG has requested 
the airspace be established to improve current air-to-ground training 
efficiency for the 120th Fighter Wing (120th FW).

DATES: Comments must be received on or before January 16, 2004.

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 (FAA Docket No. FAA-
2003-15411, and Airspace Docket No. 02-ANM-15) and be submitted in 
triplicate to the Docket Management System, U.S. Department of 
Transportation, Room Plaza 401, 400 Seventh Street, SW., Washington, DC 
20590-0001. You may also submit comments through the Internet at http://dms.dot.gov.
    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 FAA Docket No. FAA-2003-15411, and Airspace Docket No. 02-ANM-15.'' 
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.gpoaccess.gov/fr/index.html.
    You may review the public docket containing the proposal, any 
comments received, and any final disposition in person in the Dockets 
Office (see address in ``Comments Invited'' section) 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, 
1601 Lind Avenue, 14, SW., Renton, WA 98055.
    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

    Air National Guard units must be capable of responding to a variety 
of needs, wartime situations, and peacekeeping missions that were 
formerly assigned to the active duty Air Force. To respond to these 
situations rapidly and effectively, Air National Guard units must train 
to the same standards established for the active duty Air Force, 
including weapons delivery training at air-to-ground training ranges. 
The establishment of a training range in Montana would result in time 
and cost savings to the 120th FW. The 120th FW currently conducts most 
of its air-to-ground training at the Utah Test and Training Range. A 
``local'' training range (within a distance of 150 nautical miles from 
Great Falls) would save at least 41 minutes of flying time for each 
mission while increasing the amount of time spent training on that 
mission by 38 minutes. By reducing distance traveled to conduct air-to-
ground training the efficiency and effectiveness of training would be 
enhanced.

The Proposal

    The FAA is proposing an amendment to 14 Code of Federal Regulations 
(CFR) part 73 (part 73) to establish R-4601 A, B, C, and D, in the 
vicinity Bearpaw, MT, as part of a MANG training initiative. The 
proposed training range would be located beneath Hays Military 
Operations Area (MOA) where the MANG, 120th FW currently conducts

[[Page 64834]]

training with F-16 aircraft. The proposed airspace would consist of 
area ``A,'' a three by five statute mile impact area from the surface 
to 300 feet above ground level (AGL) for inert (nonexplosive) training 
munitions; area ``B,'' a 300 feet AGL to FL 180 area; area ``C, `` FL 
180 to FL 270; and area ``D,'' FL 270 to FL 310. This airspace would 
total approximately 22 by 18 statute miles.
    Section 73.46 of part 73 of the Federal Aviation Regulations was 
republished in FAA Order 7400.8L dated October 7, 2003.
    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.  73.46  [Amended]

    2. Sec.  73.46 is amended as follows:
* * * * *

R-4601A, Bearpaw, MT (New)

    Boundaries. Beginning at (lat. 48[deg]03'33'' N, long. 
108[deg]57'07'' W); (lat. 48[deg]03'33'' N, long. 109[deg]03'36'' 
W); (lat. 48[deg]06'09'' N, long. 109[deg]03'36'' W); (lat. 
48[deg]06'09'' N, long. 108[deg]57'07'' W); to point of beginning.
    Designated altitudes. Surface up to, but not including, 300 feet 
AGL.
    Time of designation. Intermittent by NOTAM.
    Controlling agency. FAA, Salt Lake City ARTCC.
    Using agency. 120th FW, Montana Air National Guard, Great Falls 
International Airport, MT.

R-4601B, Bearpaw, MT (New)

    Boundaries. Beginning at (lat. 47[deg]56'00'' N, long. 
108[deg]54'00'' W); (lat. 47[deg]56'00'' N, long. 109[deg]17'00'' 
W); (lat. 48[deg]15'00'' N, long. 109[deg]17'00'' W); (lat. 
48[deg]15'00'' N, long. 108[deg]54'00'' W); to point of beginning.
    Designated altitudes. 300 feet AGL up to, but not including, FL 
180.
    Time of designation. Intermittent by NOTAM.
    Controlling agency. FAA, Salt Lake City ARTCC.
    Using agency. 120th FW, Montana Air National Guard, Great Falls 
International Airport, MT.

R-4601C, Bearpaw, MT (New)

    Boundaries. Beginning at (lat. 47[deg]56'00'' N, long. 
108[deg]54'00'' W); (lat. 47[deg]56'00'' N, long. 109[deg]17'00'' 
W); (lat. 48[deg]15'00'' N, long. 109[deg]17'00'' W); (lat. 
48[deg]15'00'' N, long. 108[deg]54'00'' W); to point of beginning.
    Designated altitudes. FL 180 to FL 270.
    Time of designation. Intermittent by NOTAM.
    Controlling agency. FAA, Salt Lake City ARTCC.
    Using agency. 120th FW, Montana Air National Guard, Great Falls 
International Airport, MT.

R-4601D, Bearpaw, MT (New)

    Boundaries. Beginning at (lat. 47[deg]56'00'' N, long. 
108[deg]54'00'' W); (lat. 47[deg]56'00'' N, long. 109[deg]17'00'' 
W); (lat. 48[deg]15'00'' N, long. 109[deg]17'00'' W); (lat. 
48[deg]15'00'' N, long. 108[deg]54'00'' W); to point of beginning.
    Designated altitudes. FL 270 to FL 310.
    Time of designation. Intermittent by NOTAM.
    Controlling agency. FAA, Salt Lake City ARTCC.
    Using agency. 120th FW, Montana Air National Guard, Great Falls 
International Airport, MT.

* * * * *

    Issued in Washington, DC, on November 7, 2003.
Reginald C. Matthews,
Manager, Airspace and Rules Division.
[FR Doc. 03-28617 Filed 11-14-03; 8:45 am]
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