This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

58859

Vol. 69, No. 190

Friday, October 1, 2004

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2004–19052; Airspace 

Docket No. 04–ANM–12] 

RIN 2120–AA66 

Proposed Revision of Jet Route 94

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

realign a segment of Jet Route 94 (J–94) 

between the Oakland, CA, Very High 

Frequency Omnidirectional Range/

Tactical Air Navigation (VORTAC) and 

the Mustang, NV, VORTAC. 

Specifically, the FAA is proposing this 

realignment because the current route 

segment between the Oakland VORTAC 

and the Mustang VORTAC is unusable 

for navigation.

DATES: Comments must be received on 

or before November 15, 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 the FAA 

Docket No. FAA–2004–19052 and 

Airspace Docket No. 04–ANM–12 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–

2004–19052 and Airspace Docket No. 

04–ANM–12) 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 

Docket No. FAA–2004–19052 and 

Airspace Docket No. 04–ANM–12.’’ 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, 

98055–4056. 

Persons interested in being placed on 

a mailing list for future NPRM’s should 

call 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 current segment of J–94 between 

the Manteca VORTAC and the Mustang 

VORTAC has been found to be unusable 

for navigation. The FAA has issued a 

Flight Data Center Notices to Airmen 

(NOTAM) advising users of this 

problem. To provide a means of 

navigating between the Oakland, CA, 

VORTAC and the Mustang, NV, 

VORTAC the FAA is issuing the 

following proposal. 

Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) part 71 (part 71) to realign a 

segment of J–94. The proposed 

amendment would change the 

alignment of J–94 between the Oakland 

VORTAC and the Mustang VORTAC. 

This amendment would restore the use 

of J–94 for flights serving destinations 

between California and the East. 

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.

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air).

58860 Federal Register / Vol. 69, No. 190 / Friday, October 1, 2004 / Proposed Rules 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows:

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

1. The authority citation for part 71 

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.

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of the Federal Aviation 

Administration Order 7400.9M, 

Airspace Designations and Reporting 

Points, dated August 30, 2004, and 

effective September 16, 2004, is 

amended as follows:

Paragraph 2004 Jet Routes

* * * * *

J–94 [Revised] 

From Oakland, CA, via Manteca, CA; INT 

Manteca 030≥M/047≥T and Mustang, NV 

192≥M/208≥T radials; to Mustang, NV; 

Lovelock, NV; Battle Mountain, NV; Lucin, 

UT; Rock Springs, WY; Scottsbluff, NE; 

O’Neill, NE; Fort Dodge, IA; Dubuque, IA; 

Northbrook; Pullman, MI; Flint, MI; Peck, MI; 

to the INT of the Peck 100° radial with the 

United States/Canadian Border. From the 

United States/Canadian Border at its INT 

with the Buffalo, NY, 274° radial via Buffalo; 

Albany, NY, to Boston, MA.

* * * * *

Issued in Washington, DC, on September 

24, 2004. 

Reginald C. Matthews, 

Manager, Airspace and Rules.

[FR Doc. 04–22021 Filed 9–30–04; 8:45 am] 

BILLING CODE 4910–13–P

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). 

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