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###### Department of Transportation

###### Federal Aviation Administration 

          - 14 CFR Part 73 
          - [Airspace Docket No. 99-ANM-16] 

# AGENCY:

Federal Aviation Administration (FAA), DOT. 

# ACTION:

Notice of proposed rulemaking (NPRM). 

# SUMMARY:

This action proposes to establish Restricted Area 3203D (R-3203D) at Orchard, ID. The Idaho Army National Guard has requested that this restricted area be established to support its annual training requirements. This restricted area would be established adjacent to the existing R-3203A and be used a maximum of three weeks annually. 

# DATES:

Comments must be received on or before June 9, 2000. 

# ADDRESSES:

Send comments on the proposal in triplicate to: Manager, Air Traffic Division, ANM-500, Docket No. 99-ANM-16, Federal Aviation Administration, 1601 Lind Avenue, SW., Renton, WA 98055-4056. 

The official docket may be examined in the Rules Docket, Office of the Chief Counsel, Room 916, 800 Independence Avenue, SW., Washington, DC, weekdays, except Federal holidays, between 8:30 a.m. and 5:00 p.m. 

An informal docket may also be examined during normal business hours at the office of the Regional Air Traffic Division, Federal Aviation Administration. 

# FOR FURTHER INFORMATION CONTACT:

Ken McElroy, Airspace and Rules Division, ATA-400, Office of Air Traffic Airspace Management, 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 the airspace docket number and be submitted in triplicate to the address listed above. 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 Airspace Docket No. 99-ANM-16.” The postcard will be date/time stamped and returned to the commenter. Send comments on environmental and land-use aspects to: The State of Idaho, Military Division, Headquarters Idaho Army National Guard, Boise Air Terminal, 4040 W. Guard Street, Bosie, ID 83705-8048. 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 Rules 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, using a modem and suitable Communications software, from the FAA regulations section of the Fedworld electronic bulletin board service (telephone: 703-321-3339) or the                     **Federal Register**                    's electronic bulletin board service (telephone: 202-512-1661).                 

Internet users may reach the FAA's web page at http://www.faa.gov or the Superintendent of Document's web page at http://www.access.gpo. gov/nara for access to recently published rulemaking documents. 

                    Any person may obtain a copy of this NPRM by submitting a request to the Federal Aviation Administration, Office of Air Traffic Airspace Management, ATA-400, 800 Independence Avenue, SW., Washington, DC 20591, or by calling (202) 267-8783. Communications must identify the docket number of the NPRM. Persons interested in being placed on a mailing list for future NPRM's should call the                           ( print page 24142)                        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.                 

## The Proposal 

The FAA is proposing an amendment to 14 CFR part 73 (part 73) to establish R-3203D, Orchard, ID, adjacent to the existing R-3203A, to assist the Idaho Army National Guard's annual training. The proposed restricted area would be effective for a period of time not exceeding three weeks annually. Expansion in the number of gun batteries assigned to field artillery units, along with requirements that each assigned battery accomplish several moves per day to different firing points, has created the need to expand the available restricted airspace, for a period of time each year, to provide for more effective annual training tests. All artillery firing would be directed into existing impact areas located approximately in the center of R-3203A. The restricted area is needed to provide protected airspace to contain projectiles during flight between the surface firing point and entry into the existing restricted area. 

The proposed restricted area would be utilized for a period of time not exceeding three weeks per year by the Idaho Army National Guard Field Artillery and would be released to the FAA for public use during the periods when it is not required for military training. 

The FAA has determined that this 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 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. 

The coordinates for this airspace docket are based on North American Datum 83. Section 73.32 of part 73 of the Federal Aviation Regulations was republished in FAA Order 7400.8G dated September 1, 1999. 

## Environmental Review 

This proposal will be subject to environmental review prior to any FAA final regulatory action. 

# List of Subjects in 14 CFR Part 73

      - Airspace
      - Incorporation by reference
      - 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. 

§ 73.32 

2. Section 73.32 is amended as follows: 

* * * * *

#### R-3203D Orchard Training Area, ID [New] 

Boundaries. Beginning at lat. 43°14′00″ N., long. 116°16′30″ W.; at lat. 43°17′51″ N., long. 116°16′25″ W.; at lat. 43°19′02″ N., long. 116°14′45″ W.; at lat. 43°19′02″ N., long. 116°06′36″ W.; at lat. 43°15′58″ N., long. 116°01′12″ W.; at lat. 43°15′00″ N., long. 116°01′00″ W.; at lat. 43°17′00″ N., long. 116°05′00″ W.; at lat. 43°17′00″ N., long. 116°12′00″ W.; to point of beginning. 

Designated altitudes. Surface to and including 22,000 feet MSL. 

Times of use. As scheduled by NOTAM 24 hours in advance not to exceed three weeks annually. 

Controlling agency. FAA Boise ATCT. 

Using agency. Commanding General Idaho Army National Guard. 

* * * * *

Issued in Washington, DC, on April 14, 2000. 

Reginald C. Matthews, 

Manager, Airspace and Rules Division. 

[FR Doc. 00-10215 Filed 4-24-00; 8:45 am] 

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