
[Federal Register Volume 77, Number 7 (Wednesday, January 11, 2012)]
[Proposed Rules]
[Pages 1656-1657]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-284]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0117; Airspace Docket No. 09-AGL-31]
RIN 2120-AI92


Proposed Establishment of Restricted Areas R-5402, R-5403A, R-
5403B, R-5403C, R-5403D, R-5403E, R-5403F; Devils Lake, ND

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM); extension of comment 
period.

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SUMMARY: This action extends the comment period for an NPRM that was 
published on November 28, 2011. In that document, the FAA proposed to 
establish restricted area airspace within the Devils Lake East Military 
Operations Area (MOA), overlying Camp Grafton Range, in the vicinity of 
Devils Lake, ND. This extension is a result of a request from the North 
Dakota Aviation Council (NDAC), representing eight member groups 
including the Airport Association of North Dakota, North Dakota 
Business Aviation Association, North Dakota Pilots Association, North 
Dakota Professional Aviation Mechanics Association, and North Dakota 
Flying Farmers, to extend the comment period to the proposal.

DATES: The comment period for the NPRM published on November 28, 2011 
(76 FR 72869), scheduled to close on January 12, 2012, is extended 
until February 12, 2012.

ADDRESSES: You may send comments identified by Docket Number FAA-2011-
0017 and Airspace Docket No. 09-AGL-31 using any of the following 
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Send comments to U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE., Washington, DC 20590.
     Fax: Fax comments to Docket Operations at (202) 493-2251.
     Hand Delivery: Bring comments to U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to 
http://www.regulations.gov, including any personal information you 
provide. Using the search function of our docket Web site, anyone can 
find and read the comments received into any of our dockets, including 
the name of the individual sending the comment (or signing the comment 
for an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477-78) or you may visit http://DocketsInfo.dot.gov.
    Docket: To read background documents or comments received, go to 
http://www.regulations.gov at any time or to Docket Operations in Room 
W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue 
SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace, Regulations 
and ATC Procedures Group, Office of Airspace Services, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591, 
telephone (202) 267-8783.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. We also 
invite comments relating to the economic, environmental, energy, or 
federalism impacts that might result from adopting the proposals in 
this document. The most helpful comments reference a specific portion 
of the proposal, explain the reason for any recommended change, and 
include supporting data. To ensure the docket does not contain 
duplicate comments, please send only one copy of written comments, or 
if you are filing comments electronically, please submit your comments 
only one time.
    We will file in the docket all comments we receive, as well as a 
report summarizing each substantive public contact with FAA personnel 
concerning this proposed rulemaking. Before acting on this proposal, we 
will consider all comments we receive on or before the closing date for 
comments. We will consider comments filed after the comment period has 
closed if it is possible to do so without incurring expense or delay. 
We may change this proposal in light of the comments we receive.

[[Page 1657]]

Background

    On November 28, 2011, the Federal Aviation Administration (FAA) 
issued Docket No. FAA-2011-0117; Airspace Docket No. 09-AGL-31, 
Proposed Establishment of Restricted Areas R-5402, R-5403A, R-5403B, R-
5403C, R-5403D, R-5403E, R-5403F; Devils Lake, ND (76 FR 72869; 
November 28, 2011). Comments to that document were to be received on or 
before January 12, 2012.
    By request submitted to the docket on January 2, 2012, the NDAC, 
representing eight member groups including the Airport Association of 
North Dakota, North Dakota Business Aviation Association, North Dakota 
Pilots Association, North Dakota Professional Aviation Mechanics 
Association, and North Dakota Flying Farmers, requested that the FAA 
extend the comment period for Airspace Docket FAA-2011-0117; Airspace 
Docket No. 09-AGL-31 from January 12, 2012, to April 30, 2012. The 
organizations requesting an extension stated that the comment period 
deadline of January 12, 2011, did not allow adequate time to respond. 
They noted that the comment period between the November 28, 2011 notice 
and the January 12, 2012 deadline provided very little opportunity to 
research the issue, gain comments and adequately consider the issue. 
The NDAC offered their eight member organization are holding their 
annual meetings during the Upper Midwest Aviation Symposium, scheduled 
for March 4-6, 2012, and plan to use the opportunity to discuss the 
proposal, gain insight into concerns, and receive position guidance 
from their members related to the proposed action; hence the extension 
request to April 30, 2012. Additionally, the NDAC commented the 
Christmas and New Year holiday season fell within the comment period 
which greatly reduced the ability to communicate and get meaningful 
coordination completed.
    The FAA supports the petitioners' request for an extension of the 
comment period on Docket No. FAA-2011-0117; Airspace Docket No. 09-AGL-
31, for an additional 30 days in lieu of the 120-day extension 
requested. The FAA believes a 120-day extension of the existing 45-day 
comment period for the proposed action to be excessive and 
unreasonable. The FAA must balance the length of the comment period 
against the need to proceed expeditiously with airspace actions that 
support realistic training requirements in modern tactics for the 
military as we manage the safe and efficient use of the National 
Airspace System. The FAA believes an additional 30 days would be 
adequate for commenters to collect cost and operational data necessary 
to provide meaningful comment to Docket No. FAA-2011-0117; Airspace 
Docket No. 09-AGL-31. The FAA does not anticipate any further extension 
of the comment period for this rulemaking.

Extension of Comment Period

    In accordance with section 11.47(c) of title 14, Code of Federal 
Regulations, the FAA has reviewed the request submitted by the North 
Dakota Aviation Council for extension of the comment period to Docket 
No. FAA-2011-0117; Airspace Docket No. 09-AGL-31. This petitioner has 
shown a substantive interest in the proposed rule and good cause for 
the extension. The FAA has determined that extension of the comment 
period is consistent with the public interest, and that good cause 
exists for taking this action.
    Accordingly, pursuant to the authority delegated to me, the comment 
period for Docket No. FAA-2011-0117; Airspace Docket No. 09-AGL-31 
published in the Federal Register on November 28, 2011 (76 FR 72869), 
FR Doc. 2011-30495, is extended until February 12, 2012.

    Issued in Washington, DC, on January 5, 2012.
Gary A. Norek,
Acting Manager, Airspace, Regulations and ATC Procedures Group.
[FR Doc. 2012-284 Filed 1-10-12; 8:45 am]
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