[Federal Register Volume 69, Number 111 (Wednesday, June 9, 2004)]
[Proposed Rules]
[Pages 32296-32298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12969]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2004-17773; Airspace Docket No. 04-ASW-11]
RIN 2120-AA66


Proposed Modification of Restricted Areas 5103A, 5103B, and 5103C 
and Revocation of Restricted Area 5103D; McGregor, NM

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: This action proposes to revise Restricted Areas 5103A (R-
5103A), 5103B (R-5103B), and 5103C (R-5103C) and revoke Restricted Area 
5103D (R-5103D) at McGregor, NM. The United States Army (U.S. Army) 
requests that the FAA take action to modify R-5103A, R-5103B, and R-
5103C by reducing the size of R-5103A; combining a portion of the area 
currently designated as R-5103A and a portion of the area currently 
designated as R-5103D and re-designating the combined area as a new R-
5103B; and by combining the areas currently designated as R-5103B and 
R-5103C and re-designating the combined area as a new R-5103C. The new 
R-5103A, B, and C would essentially occupy the same overall boundaries 
and altitudes as the current R-5103A, B, C, and D. Except, a segment of 
the western boundary of R-5103C would move approximately 1 mile to the 
west and a portion of the area currently designated as R-5103D would be 
eliminated. The altitude structure of the new R-5103A would be surface 
to but not including FL180; R-5103B and R-5103C would be from the 
surface to unlimited. These modifications are proposed to allow the 
U.S. Army to activate the restricted areas in a manner that is more 
consistent with the actual utilization of the airspace.

DATES: Comments must be received on or before July 26, 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-2004-17773 and Airspace Docket No. 04-ASW-11,'' at the 
beginning of your comments. You may also submit comments on the 
Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Steve Rohring, 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-2004-17773 and Airspace Docket No. 04-ASW-11) 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

[[Page 32297]]

on this notice must submit with those comments a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to FAA Docket No. FAA-2004-17773 and Airspace Docket No. 04-ASW-11.'' 
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.gpo.access.gov/fr/index.html.
    You may review the public docket containing the proposal, any 
comments received, and any final disposition in person at 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, Federal Aviation 
Administration, 2601 Meacham Blvd; Fort Worth, TX 76193-0500.
    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

    On February 25, the U.S. Army requested that the FAA take action to 
revise R-5103A, R-5103B, and R-5103C and to revoke R-5103D. 
Specifically, the requested action would reduce the size of R-5103A; 
combine a portion of the area currently designated as R-5103A and a 
portion of the area currently designated as R-5103D, re-designating the 
combined area as a new R-5103B; and combine the areas currently 
designated as R-5103B and R-5103C, re-designating the combined area as 
a new R-5103C. The new R-5103A, B, and C would essentially occupy the 
same overall boundaries and altitudes as the current R-52103A, B, C, 
and D; except, a segment of the western boundary of the new R-5103C 
would move approximately 1 mile to the west and that portion of the 
area currently designated as R-5103D that is not combined into the new 
R-5103B would be eliminated from restricted area airspace. The altitude 
structure would be from the surface to but not including FL180 for the 
new R-5103A and from the surface to unlimited for the new R-5103B and 
R-5103C. These modifications are proposed to allow the U.S. Army to 
activate the restricted areas in a manner that is more consistent with 
the actual utilization of the airspace.

The Proposal

    At the request of the U.S. Army, the FAA is proposing an amendment 
to title 14 Code of Federal Regulations (14 CFR) part 73 (part 73) to 
revise R-5103A, R-5103B, and R-5103C and to revoke R-5103D. 
Specifically, R-5103A would be reduced in size, in that, a portion of 
the area currently designated as R-5103A and a portion of the area 
currently designated as R-5103D would be combined and re-designated as 
a new R-5103B; the areas currently designed as R-5103B and R-5103C 
would be combined and re-designated as a new R-5103C; and R-5103D would 
be revoked. The new R-5103A, B, and C would essentially occupy the same 
overall boundaries and altitudes as the current R-5103A, B, C, and D; 
except, a segment of the western boundary of R-5103C would move 
approximately one mile to the west and that portion of the area 
currently designated as R-5103D that is not combined into the new R-
5103B would be eliminated from restricted area airspace. The altitude 
structure would be from the surface to but not including FL180 for the 
new R-5103A and from the surface to unlimited for the new R-5103B and 
R-5103C. These modifications are proposed to allow the U.S. Army to 
activate the restricted areas in a manner that is more consistent with 
the actual utilization of the airspace. The requested action would not 
change the times of use, using agency, or controlling agency.
    Section 73.51 of part 73 was republished in FAA Order 7400.8L, 
Special Use Airspace, 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 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.  73.51  [Amended]

    2. Sec.  73.51 is amended as follows:
* * * * *

R-5103A McGregor, NM [Amended]

    By removing the current boundaries and designated altitudes and 
substituting the following:
    Boundaries. Beginning at lat. 32[deg]03'55'' N., long. 
106[deg]10'00'' W.; to lat. 32[deg]03'30'' N., long. 103[deg]53'50'' 
W.; to lat. 32[deg]00'15'' N., long. 105[deg]56'42'' W.; to lat. 
32[deg]00'30'' N., long. 106[deg]10'27'' W.; to the point of beginning.
    Designated altitudes. Surface to but not including FL 180.
* * * * *

R-5103B McGregor, NM [Amended]

    By removing the current boundaries and designated altitudes and 
substituting the following:
    Boundaries. Beginning at lat. 32[deg]15'00'' N., long. 
106[deg]10'02'' W.; to lat. 32[deg]15'00'' N., long. 105[deg]42'02'' 
W.; to lat. 32[deg]03'30'' N., long. 105[deg]53'50'' W.; to lat. 
32[deg]03'55'' N., long. 106[deg]10'00'' W.; to lat.

[[Page 32298]]

32[deg]05'02'' N., long. 106[deg]09'22'' W.; to lat. 32[deg]06'00'' N., 
long. 106[deg]15'32'' W.; to the point of beginning.
    Designated altitudes. Surface to unlimited.
* * * * *

R-5103C McGregor, NM [Amended]

    By removing the current boundaries and designated altitudes and 
substituting the following:
    Boundaries. Beginning at lat. 32[deg]45'00'' N., long. 
105[deg]53'02'' W.; to lat. 32[deg]45'00'' N., long. 105[deg]52'22'' 
W.; to lat. 32[deg]33'20'' N., long. 105[deg]30'02'' W.; to lat. 
32[deg]26'20'' N., long. 105[deg]30'02'' W.; to lat. 32[deg]15'00'' N., 
long. 105[deg]42'02'' W.; to lat. 32[deg]15'00'' N., long. 
106[deg]10'02'' W.; to lat. 32[deg]28'00'' N., long. 106[deg]02'00'' 
W.; to lat. 32[deg]27'00'' N., long. 106[deg]00'02'' W.; to lat. 
32[deg]36'00'' N., long. 106[deg]00'00'' W.; to lat. 32[deg]45'00'' N., 
long. 105[deg]59'02'' W.; to the point of beginning, excluding that 
airspace within a 2 NM radius of lat. 32[deg]39'00'' N., long. 
105[deg]41'00'' W.; from the surface to 1,500' AGL and also excluding 
that airspace beginning at lat. 32[deg]42'49'' N., long. 
105[deg]48'11'' W.; to lat. 32[deg]41'00'' N., long. 105[deg]50'00'' 
W.; to lat. 32[deg]40'00'' N., long. 105[deg]48'00'' W.; to lat. 
32[deg]41'48'' N., long. 105[deg]46'00'' W.; to the point of beginning 
from the surface to 1,500' above the surface.
    Designated altitudes. Surface to unlimited.
* * * * *

R-5103D McGregor, NM [Revoked]

* * * * *

    Issued in Washington, DC, May 28, 2004.
Paul Gallant,
Acting Manager, Airspace and Rules, ATO-R.
[FR Doc. 04-12969 Filed 6-8-04; 8:45 am]
BILLING CODE 4910-13-P