[Federal Register Volume 69, Number 123 (Monday, June 28, 2004)]
[Proposed Rules]
[Pages 36031-36032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14631]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2004-17178; Airspace Docket No. 03-AWA-7]
RIN 2120-AA66


Proposed Establishment of Prohibited Area 51, Bangor, WA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking, (NPRM).

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SUMMARY: This action proposes to establish a prohibited area (P-51) 
over the U.S. Naval Submarine Base, at Bangor, WA. The proposed 
prohibited area would replace a Temporary Flight Restriction (TFR) that 
is currently in effect. The FAA is proposing this action to enhance the 
security of the Naval Submarine Base, at Bangor, WA.

DATES: Comments must be received on or before August 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-2004-17178 and Airspace Docket No. 03-AWA-7 at the beginning of 
your comments. You may also submit comments through the Internet to 
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-2004-17178 and Airspace Docket No. 03-AWA-7) 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-2004-17178 and Airspace Docket No. 03-AWA-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 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, Federal Aviation 
Administration, 1601 Lind Avenue, SW, Renton Washington 98055.
    Persons interested in being placed on a mailing list for future 
NPRM's should contact the FAA's Office of Rulemaking, (202) 267-9677, 
to request a copy of Advisory Circular No. 11-2A, Notice of Proposed 
Rulemaking Distribution System, which describes the application 
procedure.

History

    On September 11, 2001, the United States (U.S.) suffered 
catastrophic terrorist attacks involving four hijacked U.S. commercial 
aircraft. In response to these attacks, the FAA took action to 
temporarily shut down the National Airspace System with the exception 
of certain military, law enforcement, and emergency aircraft flight 
operations. Additionally, to hinder the potential for further airborne 
attacks and to specifically respond to security concerns, the FAA 
issued numerous TFRs to limit or prohibit aircraft flight operations in 
the vicinity of critical military, government, and national 
infrastructure locations across the country. Beginning on September 12, 
2001, the FAA issued a series of TFRs to prohibit aircraft flight 
operations over a wide area in the vicinity of the U.S. Naval Submarine 
Base at Bangor, WA. The current NOTAM 4/0221 for this area was issued 
on January 9, 2004.

U.S. Navy Request

    Due to the current world situation and continued security concerns 
at this facility, the U.S. Navy has requested that the FAA designate a 
prohibited area at Bangor, WA, to enhance Navy security efforts at the 
submarine base. This proposal responds to that request.

Statutory Authority

    The FAA Administrator has broad authority to regulate the safe and

[[Page 36032]]

efficient use of the navigable airspace (49 U.S.C. 40103(a)). The 
Administrator is also authorized to issue air traffic rules and 
regulations to govern the flight of aircraft, the navigation, 
protection, and identification of aircraft for the protection of 
persons and property on the ground, and for the efficient use of the 
navigable airspace. Additionally, pursuant to 49 U.S.C. section 
40103(b)(3) the Administrator has the authority, in consultation with 
the Secretary of Defense, to ``establish security provisions that will 
encourage and allow maximum use of the navigable airspace by civil 
aircraft consistent with national security.'' Such provisions may 
include establishing airspace areas the Administrator decides are 
necessary in the interest of national defense; and by regulation or 
order, restrict or prohibit flight of civil aircraft that the 
Administrator cannot identify, locate, and control with available 
facilities in those areas.

The Proposal

    In response to the U.S. Navy request, the FAA is proposing an 
amendment to Title 14 Code of Federal Regulations (14 CFR) part 73 
(part 73) to designate a prohibited area over the U.S. Naval Submarine 
Base, at Bangor, WA. The proposed prohibited area, designated as P-51, 
would consist of that airspace from the surface up to but not including 
2,500 feet mean seal level (MSL), to include base property on the east 
side of the Hood Canal, the water across the Hood Canal, and the base 
owned land portion of the Toandos Peninsula. No person may operate an 
aircraft within a prohibited area unless authorization has been granted 
by the using agency, and a waiver is issued by the FAA in accordance 
with 14 CFR 91.903. The proposed prohibited area dimension is reduced 
from that contained in the current TFR in effect for the Bangor 
Submarine base. If implemented, P-51 would modify and replace the 
current TFR at Bangor, WA detailed in NOTAM 2/0447.
    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. 
Therefore this proposed regulation: (1) Is not a ``significant 
regulatory action'' under Executive Order 12866; (2) is not a 
``significant rule'' under Department of Transportation (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

    The FAA has reviewed this action in accordance with the National 
Environmental Policy Act and FAA Order 1050.1D, Policies and Procedures 
for Considering Environmental Impacts. The FAA has determined that this 
action is neither permissive nor enabling and no extraordinary 
circumstance exists, therefore it does not require an environmental 
assessment or statement.

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.  73.93  [New]

    2. Sec.  73.93 is added as follows:
* * * * *

P-51 Bangor, WA [Added]

Boundaries: Beginning at lat. 47[deg]46'31'' N., long. 
122[deg]46'12'' W.; to lat. 47[deg]46'29'' N., long. 122[deg]41'31'' 
W.; to lat. 47[deg]41'42'' N., long. 122[deg]41'27'' W.; to lat. 
47[deg]41'40'' N., long. 122[deg]44'11'' W.; to lat. 47[deg]43'19'' 
N., long. 122[deg]46'09'' W.; to the point of beginning.
Designated Altitudes. Surface to 2,500 MSL.
Times of designation. Continuous.
Using agency. Administrator, FAA, Washington, DC.
* * * * *

    Issued in Washington, DC on June 16, 2004.
Reginald C. Matthews,
Manager, Airspace and Rules.
[FR Doc. 04-14631 Filed 6-25-04; 8:45 am]
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