[Federal Register Volume 69, Number 190 (Friday, October 1, 2004)]
[Proposed Rules]
[Pages 58860-58861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22020]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2004-19051; Airspace Docket No. 04-AWP-6]
RIN 2120-AA66


Establishment of Restricted Area 2507E; Chocolate Mountains, CA

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Restricted Area 2507E (R-
2507E), Chocolate Mountains, CA, as part of a U.S Marine Corps (USMC) 
training initiative. The USMC has requested the establishment of this 
airspace to support its Close Air Support Mission (CAS) within the 
Chocolate Mountains Range. The expanded restricted airspace is needed 
to conduct realistic aircrew training and to maintain the level of 
proficiency in modern tactics that is required for combat readiness.

DATES: Comments must be received on or before November 15, 2004.

ADDRESSES: Send comments on this proposal to the Docket Management 
System, Department of Transportation, Room Plaza 401, 400 Seventh 
Street, SW., Washington, DC 20590-0001. You must identify FAA Docket 
No. FAA-2004-19051 and Airspace Docket No. 04-AWP-6, at the beginning 
of your comments. You may also submit comments on the Internet at 
http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules, 
Office of System Operations and Safety, 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-2004-19051 and Airspace Docket No. 04-AWP-06) 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-2004-19051 and Airspace Docket No. 04-AWP-6.'' 
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, 15000 Aviation Boulevard, Lawndale, CA 90261.
    Persons interested in being placed on a mailing list for future 
NPRM's 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

    The airspace in the Chocolate Mountains Range currently consists of 
several restricted areas and a military operations area (MOA). A MOA is 
a type of nonregulatory special use airspace designated by the FAA to 
contain certain nonhazardous military flying activities. The Chocolate 
Mountains Range is used to train aircrews in the delivery of ordnance 
to support front line ground forces. The current restricted airspace in 
the Chocolate Mountains Range is too small to allow aircrew training in 
weapons delivery tactics that are used in a CAS environment. The 
expanded restricted airspace is needed to conduct realistic aircrew 
training and to maintain the level of proficiency in modern tactics 
that is required for combat readiness.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal 
Regulations

[[Page 58861]]

(14 CFR) part 73 (part 73) to establish R-2507E, Chocolate Mountains, 
CA, as part of a USMC training initiative. The USMC has requested the 
establishment of this airspace to support its CAS within the Chocolate 
Mountains Range. The proposed R-2507E will be contiguous with the 
existing R-2507S, extending from the surface to flight level (FL) 400 
and will encompass a portion of the Abel North MOA. The proposed time 
of designation will be from 0700 to 2300 hours daily. Since the 
Chocolate Mountains Range complex is joint-use airspace, the restricted 
areas would only be scheduled when needed for training, and would be 
available for transit by non-participating aircraft when not in use.
    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 subject to the appropriate environmental 
analysis in accordance with FAA Order 1050.1E, Policies and Procedures 
for Considering 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.  73.25  [Amended]

    2. Sec.  73.25 is amended as follows:
* * * * *

R-2507E Chocolate Mountains, CA [New]

    Boundaries. Beginning at lat. 33[deg]17'06'' N., long. 
115[deg]04' 35'' W., to lat. 33[deg]14'26'' N., long. 114[deg]59' 
00'' W., to lat. 33[deg]14'26'' N., long. 114[deg]56' 35'' W., to 
lat. 33[deg]10'21'' N., long. 114[deg]56' 26'' W., to lat. 
33[deg]08'45'' N., long. 114[deg]56' 43'' W.
    Designated altitudes. Surface to FL 400.
    Time of designation. 0700-2300 local daily other times by NOTAM.
    Controlling agency. FAA, Los Angeles ARTCC.
    Using agency. Commanding Officer, USMC Air Station, Yuma, AZ.

* * * * *

    Issued in Washington, DC, on September 24, 2004.
Reginald C. Matthews,
Manager, Airspace and Rules.
[FR Doc. 04-22020 Filed 9-30-04; 8:45 am]
BILLING CODE 4910-13-P