[Federal Register Volume 69, Number 104 (Friday, May 28, 2004)]
[Proposed Rules]
[Pages 30606-30607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12064]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2004-17180; Airspace Docket No. 03-AWP-03]
RIN 2120-AA66


Proposed Amendment of Restricted Area 2306C, Yuma West; AZ

AGENCY: Federal Aviation Administration, DoT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the designated altitudes and 
times of use for Restricted Area 2306C (R-2306C), Yuma, AZ. This 
proposal would raise the upper altitude of R-2306C from 17,000 feet 
mean sea level (MSL) to 40,000 feet MSL. It would also reduce the times 
of use from continuous, to 0600 to 2200 hours daily local time, other 
times by NOTAM. The U.S. Army requested the modification to better 
accommodate existing and future testing requirements at the Yuma 
Proving Ground, AZ. This proposed modification would not change the 
current lateral boundaries or activities conducted in R-2306C.

DATES: Comments must be received on or before July 12, 2004.

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-2004-17180, and Airspace Docket No. 03-AWP-03, at the beginning 
of your comments. You may also submit comments on the Internet at 
http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules Office 
of System Operations and Safety, ATO-R, 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-2004-17180, and Airspace Docket No. 03-AWP-03) and be submitted in 
triplicate to the Docket Management System (see ADDRESSES section for 
address and phone number). 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-2004-17180, and Airspace Docket No. 03-AWP-03.'' 
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 ADDRESSES section for address and phone number) 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, AWP-520, 15000 
Aviation Boulevard, Lawndale, CA 90261.
    Persons interested in being placed on a mailing list for future 
NPRM's should contact 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

    The current designated altitudes and times of use for R-2306C are 
based on

[[Page 30607]]

past use of the facilities at the Yuma Proving Ground, AZ. The U.S. 
Army has requested that action be taken to amend the altitude and times 
of use for R-2306C to better accommodate existing and future testing 
requirements of high-altitude guided parachute systems at the facility.

The Proposal

    In response to a request from the U.S. Army, the FAA is proposing 
an amendment to Title 14 Code of Federal Regulations (14 CFR) part 73 
(part 73) to amend the designated altitudes and times of use for R-
2306C, Yuma, AZ. Specifically, this action proposes to change the 
designated altitudes for R-2306C from ``surface to 17,000 feet MSL, to 
``surface to 40,000 feet MSL.'' This action also proposes to change the 
time of designation from ``continuous,'' to ``0600 to 2200 hours daily 
local time, other times by NOTAM.'' The U.S. Army has requested this 
modification to better accommodate existing and forecast testing 
requirements of high-altitude guided parachute systems at the Yuma 
Proving Ground, AZ. This action would not change the current lateral 
boundaries, or activities conducted within R-2306C. The restricted area 
would be available for joint-use, scheduled only when needed for 
training and available for transit by non-participating aircraft when 
not in use.
    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-2306C Yuma West, AZ (Amended)

    By removing the ``Designated altitudes. Surface to 17,000 feet 
MSL,'' and ``Times of Use. Continuous,'' and substituting ``Designated 
altitudes. Surface to 40,000 feet MSL,'' and ``Times of Use. 0600 to 
2200 daily local time, other times by NOTAM.''
* * * * *

    Issued in Washington, DC, May 21, 2004.
Paul Gallant,
Acting Manager, Airspace and Rules.
[FR Doc. 04-12064 Filed 5-27-04; 8:45 am]
BILLING CODE 4910-13-P