
[Federal Register: September 17, 2009 (Volume 74, Number 179)]
[Rules and Regulations]
[Page 47718-47719]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17se09-2]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2009-0770; Airspace Docket No. 09-ASW-20]
RIN 2120-AA66


Amendment to Restricted Areas R-5103A, R-5103B, and R-5103C;
McGregor, NM

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; technical amendment.

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

SUMMARY: This action amends the airspace description of Restricted
Areas R-5103A, R-5103B, and R-5103C; McGregor, NM. In a final rule
published in the Federal Register on November 3, 1994, (59 FR 55030),
an error was made in the airspace description to the time of
designation for Restricted Areas R-5103A, R-5103B, R-5103C and R-5103D
(R-5130D was subsequently revoked on January 20, 2005 (69 FR 72113)).
Specifically, the time of designation stated ``0700-2000 local time,
Monday-Friday, other times by NOTAM'' instead of ``0700-2000 local time
Monday-Friday; other times by NOTAM''. This action corrects that error.

[[Page 47719]]


DATES: Effective Dates: 0901 UTC, October 22, 2009.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace and Rules
Group, Office of System Operations Airspace and AIM, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION:

History

    On November 3, 1994, a final rule for Airspace Docket No. 94-ASW-
12, was published in the Federal Register (59 FR 55030), changing the
time of designation for Restricted Areas R-5103A, R-5103B, R-5103C, and
R-5103D at McGregor, NM. In that rule, the preamble discussion stated
the time of designation was being changed from the existing time of
designation, ``0700-2000 local time; other times by NOTAM'' to ``0700-
2000 local time, Monday-Friday; other times by NOTAM'' to lessen the
burden on the public and accurately reflect their actual time of use.
However, in the regulatory language, the time of designation was
published as ``0700-2000 local time, Monday-Friday, other times by
NOTAM''. Having changed the semi-colon between the days of the week and
NOTAM provision to a comma unintentionally linked the NOTAM provision
to the days of the week listed in the legal description only. The
unintended consequence of this error is that the NOTAM provision does
not apply to Saturdays or Sundays, as it did previous to that final
rule. Had a semi-colon been published in the regulatory text between
the days of the week and the NOTAM provision, the ``other times by
NOTAM'' provision would apply daily.
    Subsequent to the rule published November 3, 1994, (59 FR 55030), a
second rule affecting R-5103A, R-5103B, R-5103C, and R-5103D was
published December 13, 2004, (69 FR 72113), Airspace Docket No. 04-ASW-
11, FAA Docket No. FAA-2004-17773. This second rule modified the
boundaries and designated altitudes for Restricted Areas R-5103A, R-
5103B, and R-5103C, and revoked R-5103D to allow the U.S. Army to
activate the restricted areas in a manner that was more consistent with
the actual utilization of the airspace. As a result of this action, the
correction to Restricted Area R-5103D is not necessary as it no longer
exists.
    Based on the original intent of the final rule published November
3, 1994, and subsequently modified by a second final rule published
December 13, 2004, the NOTAM provisions for R-5103A, R-5103B, and R-
5103C should be applicable daily, outside the 0700-2000 local time,
Monday through Friday, published hours currently listed in that final
rule. This action corrects that error by amending the time of
designation for R-5103A, R-5103B, and R-5103C to read, ``0700-2000
local time, Monday-Friday; other times by NOTAM''.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

Correction to Final Rule

0
Accordingly, pursuant to the authority delegated to me, the legal
description as published in the Federal Register on November 3, 1994
(59 FR 55030), Airspace Docket 94-ASW-12, and incorporated by reference
in 14 CFR 73, is corrected as follows:


Sec.  73.51  [Amended]

0
On page 55031, correct the airspace description for the time of
designation for Restricted Areas R-5103A, R-5103B, and R-5103C, to read
as follows:

* * * * *

R-5103A McGregor, NM [Amended]

    By removing the current ``Time of designation. 0700-2000 local
time, Monday-Friday, other times by NOTAM.'' and substituting the
following: ``Time of designation. 0700-2000 local time Monday-
Friday; other times by NOTAM.''

R-5103B McGregor, NM [Amended]

    By removing the current ``Time of designation. 0700-2000 local
time, Monday-Friday, other times by NOTAM.'' and substituting the
following: ``Time of designation. 0700-2000 local time Monday-
Friday; other times by NOTAM.''

R-5103C McGregor, NM [Amended]

    By removing the current ``Time of designation. 0700-2000 local
time, Monday-Friday, other times by NOTAM.'' and substituting the
following: ``Time of designation. 0700-2000 local time Monday-
Friday; other times by NOTAM.''
* * * * *

    Issued in Washington, DC, on August 27, 2009.
Ellen Crum,
Acting Manager, Airspace and Rules Group.
[FR Doc. E9-21263 Filed 9-16-09; 8:45 am]

BILLING CODE 4910-13-P
