
[Federal Register: August 31, 2007 (Volume 72, Number 169)]
[Proposed Rules]               
[Page 50300-50301]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31au07-26]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2007-28633; Airspace Docket No. 07-ASW-7]
RIN 2120-AA66

 
Proposed Establishment of Restricted Area 3405; Sullivan, IN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Restricted Area 3405 (R-
3405) at Sullivan, IN. The United States (U.S.) Navy requests that the 
FAA take action to establish R-3405 for the protection of 
nonparticipating aircraft from a tethered aerostat balloon used to 
deploy radar, electro-optic, camera, and other sensor packages at Naval 
Support Activity (NSA) Crane's Glendora Lake Test Facility.

DATES: Comments must be received on or before October 15, 2007.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590; 
telephone: (202) 366-9826. You must identify FAA Docket No. FAA-2007-
28633 and Airspace Docket No. 07-ASW-7, at the beginning of your 
comments. You may also submit comments through the Internet at http://
dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Steve Rohring, Airspace and Rules

[[Page 50301]]

Group, Office of System Operations Airspace and AIM, 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-2007-28633 and Airspace Docket No. 07-ASW-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-2007-28633 and Airspace Docket No. 07-ASW-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 NPRMs

    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 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 Central Service Center, Federal Aviation 
Administration, 2601 Meacham Blvd., Fort Worth, TX 76193-0500.
    Persons interested in being placed on a mailing list for future 
NPRMs 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

    On January 31, 2007, the U.S. Navy requested that the FAA take 
action to establish R-3405 at Sullivan, IN. The requested action would 
provide airspace needed to separate nonparticipating aircraft from a 
tethered aerostat balloon. The balloon is used at various locations 
within NSA Crane's Lake Glendora Test Facility to deploy radar, 
electro-optic, camera, and other sensor packages.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal 
Regulations (14 CFR) part 73 to establish R-3405 over an area near 
Sullivan, IN. The restricted area would enhance safety by separating 
nonparticipating aircraft from tethered balloon operations conducted by 
the Lake Glendora Test Facility. The restricted area would be 
relatively small, covering less than 1 square nm and extending from the 
surface up to 2,000 feet MSL.
    Section 73.34 of Title 14 CFR part 73 was republished in FAA Order 
7400.8N, dated February 16, 2007.
    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 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 proposed 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.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the 
FAA is charged with prescribing regulations to assign the use of the 
airspace necessary to ensure the safety of aircraft and the efficient 
use of airspace. This regulation is within the scope of that authority 
as it establishes restricted airspace at Sullivan, IN.

Environmental Review

    This proposal will be subjected to an environmental analysis in 
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies 
and Procedures,'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

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.  73.34  [Amended]

    2. Section 73.34 is amended as follows:
* * * * *

R-3405 Sullivan, IN [New]

    Boundaries. Beginning at lat. 39[deg]07'41'' N., long. 
87[deg]22'02'' W.; to lat. 39[deg]07'41'' N., long. 87[deg]21'29'' 
W.; to lat. 39[deg]07'39'' N., long. 87[deg]21'29'' W.; to lat. 
39[deg]07'39'' N., long. 87[deg]21'26'' W.; to lat. 39[deg]07'41'' 
N., long. 87[deg]21'25'' W.; to lat. 39[deg]07'41'' N., long. 
87[deg]21'12'' W.; to lat. 39[deg]07'00'' N., long. 87[deg]21'08'' 
W.; to lat. 39[deg]07'00'' N., long. 87[deg]21'46'' W.; to lat. 
39[deg]06'36'' N., long. 87[deg]21'47'' W.; to lat. 39[deg]06'36'' 
N., long. 87[deg]22'03'' W.; to the point of beginning.
    Designated altitudes. Surface up to and including 2,000 feet 
MSL.
    Times of Designation. By NOTAM 24 hours in advance.
    Controlling Agency. FAA, Terre Haute ATCT.
    Using Agency. U.S. Navy, Naval Support Activity Crane
* * * * *

    Issued in Washington, DC, August 24, 2007.
Edith V. Parish,
Manager, Airspace and Rules Group.
 [FR Doc. E7-17361 Filed 8-30-07; 8:45 am]

BILLING CODE 4910-13-P
