Proposed Modification and Establishment of Restricted Areas; Aberdeen Proving Ground, MD, 60238-60240 [2013-23951]

Download as PDF 60238 Federal Register / Vol. 78, No. 190 / Tuesday, October 1, 2013 / Proposed Rules statement is made: ‘‘Comments to Docket No. FAA–2013–0594/Airspace Docket No. 13–ASW–14.’’ The postcard will be date/time stamped and returned to the commenter. wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Availability of NPRMs An electronic copy of this document may be downloaded through the Internet at http://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA’s Web page at http:// www.faa.gov/airports_airtraffic/air_ traffic/publications/airspace_ amendments/. 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 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during normal business hours at the office of the Central Service Center, 2601 Meacham Blvd., Fort Worth, TX 76137. Persons interested in being placed on a mailing list for future NPRMs should contact the FAA’s Office of Rulemaking (202) 267–9677, to request a copy of Advisory Circular No. 11–2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure. The Proposal This action proposes to amend Title 14, Code of Federal Regulations (14 CFR), Part 71 by modifying Class E airspace extending upward from 700 feet above the surface for standard instrument approach procedures at Burnet Municipal Airport—Kate Craddock Field, Burnet, TX. Airspace reconfiguration to within a 6.7-mile radius of the airport, with segments extending from the 6.7-mile radius to 10.2 miles north and 10.3 miles south of the airport, is necessary due to the decommissioning of the Burnet NDB and the cancellation of the NDB approach. Controlled airspace is necessary for the safety and management of IFR operations at the airport. Class E airspace areas are published in Paragraph 6005 of FAA Order 7400.9X, dated August 7, 2013 and effective September 15, 2013, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document would be published subsequently in the Order. The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and VerDate Mar<15>2010 14:44 Sep 30, 2013 Jkt 232001 routine amendments are necessary to keep them operationally current. It, therefore, (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. The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the U.S. Code. Subtitle 1, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This proposed regulation is within the scope of that authority as it would amend controlled airspace at Burnet Municipal Airport—Kate Craddock Field, Burnet, TX. § 71.1 Environmental Review 14 CFR Part 73 This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1E, ‘‘Environmental Impacts: Policies and Procedures’’ prior to any FAA final regulatory action. [Docket No. FAA–2013–0729; Airspace Docket No. 13–AEA–14] List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). 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. Frm 00004 Fmt 4702 Sfmt 4702 Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. * * * * * ASW TX E5 Burnet, TX [Amended] Burnet Municipal Airport—Kate Craddock Field, TX (Lat. 30°44′20″ N., long. 98°14′19″ W.) That airspace extending upward from 700 feet above the surface within a 6.7-mile radius of Burnet Municipal Airport—Kate Craddock Field, and within 2 miles each side of the 016° bearing from the airport extending from the 6.7-mile radius to 10.2 miles north of the airport, and within 2 miles each side of the 196° bearing from the airport extending from the 6.7-mile radius to 10.3 miles south of the airport. Issued in Fort Worth, TX, on September 23, 2013. David P. Medina, Manager, Operations Support Group, ATO Central Service Center. [FR Doc. 2013–23943 Filed 9–30–13; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Proposed Modification and Establishment of Restricted Areas; Aberdeen Proving Ground, MD Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: This action proposes to establish a new restricted area, designated R–4001C, within the existing restricted areas R–4001A and R–4001B, at the U.S. Army’s Aberdeen Proving Ground in Maryland. The purpose of the proposed R–4001C is to contain two moored balloons, called Aerostats that would be airborne continuously at approximately 10,000 feet MSL. This action would segregate nonparticipating aircraft from a hazard to navigation in the Aberdeen Proving Ground airspace. DATES: Comments must be received on or before November 15, 2013. ADDRESSES: Send comments on this proposal to the U.S. Department of SUMMARY: The Proposed Amendment PO 00000 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9X, Airspace Designations and Reporting Points, dated August 7, 2013, and effective September 15, 2013, is amended as follows: ■ E:\FR\FM\01OCP1.SGM 01OCP1 Federal Register / Vol. 78, No. 190 / Tuesday, October 1, 2013 / Proposed Rules Transportation, Docket Operations, M– 30, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001; telephone: (202) 366–9826. You must identify FAA Docket No. FAA–2013–0729 and Airspace Docket No. 13–AEA–14, at the beginning of your comments. You may also submit comments through the Internet at http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy and ATC Procedures Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267–8783. SUPPLEMENTARY INFORMATION: wreier-aviles on DSK5TPTVN1PROD with PROPOSALS 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– 2013–0729 and Airspace Docket No. 13– AEA–14) 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:// www.regulations.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–2013–0729 and Airspace Docket No. 13–AEA–14.’’ The postcard will be date/time stamped and returned to the commenter. Comments on environmental and land use aspects to should be directed to: U.S. Army Corps of Engineers, Baltimore District, 10 South Howard Street, Baltimore, MD 21201. 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 VerDate Mar<15>2010 14:44 Sep 30, 2013 Jkt 232001 contact with FAA personnel concerned with this rulemaking will be filed in the docket. Availability of NPRMs An electronic copy of this document may be downloaded through the Internet at http://www.regulations.gov. You may review the public docket containing the proposal, any comments received and any final disposition in person at the Dockets Office (see ADDRESSES section for address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during normal business hours at the office of the Operations Support Group, Eastern Service Center, Federal Aviation Administration, 1701 Columbia Ave., College Park, GA 30337. Persons interested in being placed on a mailing list for future NPRMs 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. Background The U.S. Army requested that the FAA establish a new restricted area, designated R–4001C, within restricted areas R–4001A and R–4001B at Aberdeen Proving Ground, MD, to contain two moored balloons called Aerostats. The Aerostat is a 243-foot long balloon that resembles a blimp in appearance. The balloons would be moored to the ground by cables and would operate at 9,950 feet MSL. The Aerostats would be airborne 24 hours per day, seven days per week, except for periods when maintenance is required or the winds exceed 60 knots. Lighting of the mooring cables is not practical due to technical design issues; therefore, this activity is deemed to be a hazard to navigation and must be contained within restricted airspace. Aberdeen Restricted Airspace Structure Restricted airspace at Aberdeen Proving Ground consists of two areas: R–4001A and R–4001B. R–4001A, the larger of the two, has variable altitudes based on the time of day. R–4001A extends from the surface to unlimited altitude from 0700 to 2400 local time. It extends from the surface up to 10,000 feet MSL from 0000 to 0700 local time. However, higher altitudes may be used between 0000 and 0700 local time when a Notice to Airmen (NOTAM) is issued 24 hours in advance. R–4001B abuts the southwest end of R–4001A. R–4001B extends from the surface to 10,000 feet MSL. It also may be used to higher PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 60239 altitudes by NOTAM issued 24 hours in advance. The time of designation for R– 4001B is ‘‘Intermittent as activated by NOTAM 24 hours in advance.’’ Both R– 4001A and R–4001B are ‘‘joint-use’’ restricted areas. This means that the restricted areas may be released, in whole or in part, to the FAA controlling agency when the airspace is not needed by the using agency. The Proposal The FAA is proposing an amendment to 14 CFR part 73 to establish a new restricted area, designated R–4001C, within the confines of restricted areas R–4001A and R–4001B, Aberdeen Proving Ground, MD. R–4001C would consist of a rectangular area approximately 4.5 NM by 2 NM extending from the surface to 10,000 feet MSL. The time of designation for R– 4001C would be ‘‘continuous.’’ Because the balloons would be airborne 24 hours per day (except for periods as noted above), R–4001C would not be a jointuse restricted area. R–4001A and R– 4001B would continue to be joint-use areas as described above. R–4001C would be established totally within existing restricted airspace. To accommodate this, the internal dividing line between R–4001A and R–4001B would be realigned to southwest by less than one nautical mile. This would expand R–4001A slightly into R–4001B so that the proposed R–4001C would be kept inside the modified R–4001A boundary. These changes would be fully contained within the present overall outer boundary and vertical limits of R– 4001A and R–4001B. In addition, an editorial change would be made to the using agency name for R–4001A and R– 4001B for standardization. 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 only affects air traffic procedures and air navigation, it is certified that this proposed rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. E:\FR\FM\01OCP1.SGM 01OCP1 60240 Federal Register / Vol. 78, No. 190 / Tuesday, October 1, 2013 / Proposed Rules The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it would modify restricted airspace to support Department of Defense requirements, at Aberdeen Proving Grounds, MD. Environmental Review This proposal will be subjected to an environmental analysis in accordance with FAA Order 1050.1E, ‘‘Environmental Impacts: Policies and Procedures,’’ prior to any FAA final regulatory action. List of Subjects in 14 CFR Part 73 Airspace, Prohibited areas, Restricted areas. 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. § 73.40 [Amended] 2. § 73.40 is amended as follows: * * * * * ■ wreier-aviles on DSK5TPTVN1PROD with PROPOSALS 1. R–4001A Aberdeen, MD [Amended] By removing the current boundaries and using agency and inserting the following: Boundaries. Beginning at lat. 39°30′30″ N., long. 076°09′59″ W.; to lat. 39°29′00″ N., long. 076°07′59″ W.; to lat. 39°29′30″ N., long. 076°04′59″ W.; to lat. 39°27′00″ N., long. 076°00′29″ W.; to lat. 39°19′47″ N., long. 076°11′33″ W.; to lat. 39°17′30″ N., long. 076°12′58″ W.; to lat. 39°16′24″ N., long. 076°16′17″ W.; to lat. 39°17′13″ N., long. 076°18′48″ W.; to lat. 39°18′42″ N., long. 076°18′48″ W.; to lat. 39°20′03″ N., long. 076°20′30″ W.; to lat. 39°19′56″ N., long. 076°21′02″ W.; to lat. 39°20′39″ N., long. 076°21′59″ W.; to lat. VerDate Mar<15>2010 14:44 Sep 30, 2013 Jkt 232001 39°22′00″ N., long. 076°21′59″ W.; to lat. 39°23′28″ N., long. 076°20′39″ W.; to lat. 39°26′10″ N., long. 076°14′49″ W.; to lat. 39°27′00″ N., long. 076°12′29″ W.; to the point of beginning, excluding R–4001C. Using agency. U.S. Army, Commander, Aberdeen Proving Ground, MD. 2. R–4001B Aberdeen, MD [Amended] By removing the current boundaries and using agency and inserting the following: Boundaries. Beginning at lat. 39°17′30″ N., long. 076°12′58″ W.; to lat. 39°12′10″ N., long. 076°16′29″ W.; to lat. 39°12′45″ N., long. 076°22′29″ W.; to lat. 39°17′30″ N., long. 076°19′44″ W.; to lat. 39°18′30″ N., long. 076°21′59″ W.; to lat. 39°20′39″ N., long. 076°21′59″ W.; to lat. 39°19′56″ N., long. 076°21′02″ W.; to lat. 39°20′03″ N., long. 076°20′30″ W.; to lat. 39°18′42″ N., long. 076°18′48″ W.; to lat. 39°17′13″ N., long. 076°18′48″ W.; to lat. 39°16′24″ N., long. 076°16′17″ W.; to the point of beginning. Using agency. U.S. Army, Commander, Aberdeen Proving Ground, MD. 3. R–4001C Aberdeen, MD [New] Boundaries. Beginning at lat. 39°21′50″ N., long. 076°21′59″ W.; to lat. 39°23′01″ N., long. 076°16′35″ W.; to lat. 39°21′04″ N., long. 076°15′52″ W.; to lat. 39°19′56″ N., long. 076°21′02″ W.; to lat. 39°20′39″ N., long. 076°21′59″ W.; to the point of beginning. Designated altitudes. Surface 10,000 feet MSL. Time of designation. Continuous. Controlling agency. FAA, Potomac TRACON. Using agency. U.S. Army, Commander, Aberdeen Proving Ground, MD. Issued in Washington, DC, on September 24, 2013. Gary A. Norek, Manager, Airspace Policy and ATC Procedures Group. [FR Doc. 2013–23951 Filed 9–30–13; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 DEPARTMENT OF COMMERCE International Trade Administration 19 CFR Part 351 [Docket No. 130917809–3809–01] RIN 0625–AA96 Non-Application of Previously Withdrawn Regulatory Provisions Governing Targeted Dumping in Antidumping Duty Investigations Import Administration, International Trade Administration, Department of Commerce. ACTION: Proposed rule and request for comments. AGENCY: Import Administration proposes not to apply, upon the effective date of this rule if implemented, the previously withdrawn regulatory provisions governing targeted dumping in antidumping duty investigations. Following the Court of International Trade’s decision in Gold East (Jiangsu) Paper Co. v. United States, Import Administration is seeking comments from parties to clarify the status of the previously withdrawn regulatory provisions with regard to antidumping duty investigations. Import Administration also invites comment on the effect of this proposed rulemaking on recent modifications to its regulations concerning the calculation of the weighted-average dumping margin and assessment rate in certain antidumping proceedings. DATES: To be assured of consideration, written comments must be received no later than October 31, 2013. ADDRESSES: All comments must be submitted through the Federal eRulemaking Portal at http:// www.regulations.gov, Docket No. ITA– 2013–0002, unless the commenter does not have access to the Internet. Commenters that do not have access to the Internet may submit the original and one electronic copy of each set of comments by mail or hand delivery/ courier. All comments should be addressed to Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration, Room 1870, Department of Commerce, 14th Street and Constitution Ave. NW., Washington, DC 20230. Comments submitted to the Department will be uploaded to the eRulemaking Portal at www.Regulations.gov. The Department will consider all comments received before the close of the comment period. The Department will not accept comments accompanied by a request that part or all of the SUMMARY: E:\FR\FM\01OCP1.SGM 01OCP1

Agencies

[Federal Register Volume 78, Number 190 (Tuesday, October 1, 2013)]
[Proposed Rules]
[Pages 60238-60240]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23951]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2013-0729; Airspace Docket No. 13-AEA-14]


Proposed Modification and Establishment of Restricted Areas; 
Aberdeen Proving Ground, MD

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to establish a new restricted area, 
designated R-4001C, within the existing restricted areas R-4001A and R-
4001B, at the U.S. Army's Aberdeen Proving Ground in Maryland. The 
purpose of the proposed R-4001C is to contain two moored balloons, 
called Aerostats that would be airborne continuously at approximately 
10,000 feet MSL. This action would segregate nonparticipating aircraft 
from a hazard to navigation in the Aberdeen Proving Ground airspace.

DATES: Comments must be received on or before November 15, 2013.

ADDRESSES: Send comments on this proposal to the U.S. Department of

[[Page 60239]]

Transportation, Docket Operations, M-30, 1200 New Jersey Avenue SE., 
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001; 
telephone: (202) 366-9826. You must identify FAA Docket No. FAA-2013-
0729 and Airspace Docket No. 13-AEA-14, at the beginning of your 
comments. You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy 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

    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-2013-0729 and Airspace Docket No. 13-AEA-14) 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://www.regulations.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-2013-0729 and Airspace Docket No. 13-AEA-14.'' 
The postcard will be date/time stamped and returned to the commenter.
    Comments on environmental and land use aspects to should be 
directed to: U.S. Army Corps of Engineers, Baltimore District, 10 South 
Howard Street, Baltimore, MD 21201.
    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 NPRMs

    An electronic copy of this document may be downloaded through the 
Internet at http://www.regulations.gov.
    You may review the public docket containing the proposal, any 
comments received and any final disposition in person at the Dockets 
Office (see ADDRESSES section for address and phone number) between 
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal 
holidays. An informal docket may also be examined during normal 
business hours at the office of the Operations Support Group, Eastern 
Service Center, Federal Aviation Administration, 1701 Columbia Ave., 
College Park, GA 30337.
    Persons interested in being placed on a mailing list for future 
NPRMs 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.

Background

    The U.S. Army requested that the FAA establish a new restricted 
area, designated R-4001C, within restricted areas R-4001A and R-4001B 
at Aberdeen Proving Ground, MD, to contain two moored balloons called 
Aerostats. The Aerostat is a 243-foot long balloon that resembles a 
blimp in appearance. The balloons would be moored to the ground by 
cables and would operate at 9,950 feet MSL. The Aerostats would be 
airborne 24 hours per day, seven days per week, except for periods when 
maintenance is required or the winds exceed 60 knots. Lighting of the 
mooring cables is not practical due to technical design issues; 
therefore, this activity is deemed to be a hazard to navigation and 
must be contained within restricted airspace.

Aberdeen Restricted Airspace Structure

    Restricted airspace at Aberdeen Proving Ground consists of two 
areas: R-4001A and R-4001B. R-4001A, the larger of the two, has 
variable altitudes based on the time of day. R-4001A extends from the 
surface to unlimited altitude from 0700 to 2400 local time. It extends 
from the surface up to 10,000 feet MSL from 0000 to 0700 local time. 
However, higher altitudes may be used between 0000 and 0700 local time 
when a Notice to Airmen (NOTAM) is issued 24 hours in advance. R-4001B 
abuts the southwest end of R-4001A. R-4001B extends from the surface to 
10,000 feet MSL. It also may be used to higher altitudes by NOTAM 
issued 24 hours in advance. The time of designation for R-4001B is 
``Intermittent as activated by NOTAM 24 hours in advance.'' Both R-
4001A and R-4001B are ``joint-use'' restricted areas. This means that 
the restricted areas may be released, in whole or in part, to the FAA 
controlling agency when the airspace is not needed by the using agency.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 73 to establish a 
new restricted area, designated R-4001C, within the confines of 
restricted areas R-4001A and R-4001B, Aberdeen Proving Ground, MD. R-
4001C would consist of a rectangular area approximately 4.5 NM by 2 NM 
extending from the surface to 10,000 feet MSL. The time of designation 
for R-4001C would be ``continuous.'' Because the balloons would be 
airborne 24 hours per day (except for periods as noted above), R-4001C 
would not be a joint-use restricted area. R-4001A and R-4001B would 
continue to be joint-use areas as described above.
    R-4001C would be established totally within existing restricted 
airspace. To accommodate this, the internal dividing line between R-
4001A and R-4001B would be realigned to southwest by less than one 
nautical mile. This would expand R-4001A slightly into R-4001B so that 
the proposed R-4001C would be kept inside the modified R-4001A 
boundary. These changes would be fully contained within the present 
overall outer boundary and vertical limits of R-4001A and R-4001B. In 
addition, an editorial change would be made to the using agency name 
for R-4001A and R-4001B for standardization.
    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 
only affects air traffic procedures and air navigation, it is certified 
that this proposed rule, when promulgated, does not have a significant 
economic impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act.

[[Page 60240]]

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the 
FAA is charged with prescribing regulations to assign the use of the 
airspace necessary to ensure the safety of aircraft and the efficient 
use of airspace. This regulation is within the scope of that authority 
as it would modify restricted airspace to support Department of Defense 
requirements, at Aberdeen Proving Grounds, MD.

Environmental Review

    This proposal will be subjected to an environmental analysis in 
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies 
and Procedures,'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

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

0
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.  73.40  [Amended]

0
2. Sec.  73.40 is amended as follows:
* * * * *

1. R-4001A Aberdeen, MD [Amended]

    By removing the current boundaries and using agency and inserting 
the following:
    Boundaries. Beginning at lat. 39[deg]30'30'' N., long. 
076[deg]09'59'' W.; to lat. 39[deg]29'00'' N., long. 076[deg]07'59'' 
W.; to lat. 39[deg]29'30'' N., long. 076[deg]04'59'' W.; to lat. 
39[deg]27'00'' N., long. 076[deg]00'29'' W.; to lat. 39[deg]19'47'' N., 
long. 076[deg]11'33'' W.; to lat. 39[deg]17'30'' N., long. 
076[deg]12'58'' W.; to lat. 39[deg]16'24'' N., long. 076[deg]16'17'' 
W.; to lat. 39[deg]17'13'' N., long. 076[deg]18'48'' W.; to lat. 
39[deg]18'42'' N., long. 076[deg]18'48'' W.; to lat. 39[deg]20'03'' N., 
long. 076[deg]20'30'' W.; to lat. 39[deg]19'56'' N., long. 
076[deg]21'02'' W.; to lat. 39[deg]20'39'' N., long. 076[deg]21'59'' 
W.; to lat. 39[deg]22'00'' N., long. 076[deg]21'59'' W.; to lat. 
39[deg]23'28'' N., long. 076[deg]20'39'' W.; to lat. 39[deg]26'10'' N., 
long. 076[deg]14'49'' W.; to lat. 39[deg]27'00'' N., long. 
076[deg]12'29'' W.; to the point of beginning, excluding R-4001C.
    Using agency. U.S. Army, Commander, Aberdeen Proving Ground, MD.

2. R-4001B Aberdeen, MD [Amended]

    By removing the current boundaries and using agency and inserting 
the following:
    Boundaries. Beginning at lat. 39[deg]17'30'' N., long. 
076[deg]12'58'' W.; to lat. 39[deg]12'10'' N., long. 076[deg]16'29'' 
W.; to lat. 39[deg]12'45'' N., long. 076[deg]22'29'' W.; to lat. 
39[deg]17'30'' N., long. 076[deg]19'44'' W.; to lat. 39[deg]18'30'' N., 
long. 076[deg]21'59'' W.; to lat. 39[deg]20'39'' N., long. 
076[deg]21'59'' W.; to lat. 39[deg]19'56'' N., long. 076[deg]21'02'' 
W.; to lat. 39[deg]20'03'' N., long. 076[deg]20'30'' W.; to lat. 
39[deg]18'42'' N., long. 076[deg]18'48'' W.; to lat. 39[deg]17'13'' N., 
long. 076[deg]18'48'' W.; to lat. 39[deg]16'24'' N., long. 
076[deg]16'17'' W.; to the point of beginning.
    Using agency. U.S. Army, Commander, Aberdeen Proving Ground, MD.

3. R-4001C Aberdeen, MD [New]

    Boundaries. Beginning at lat. 39[deg]21'50'' N., long. 
076[deg]21'59'' W.; to lat. 39[deg]23'01'' N., long. 076[deg]16'35'' 
W.; to lat. 39[deg]21'04'' N., long. 076[deg]15'52'' W.; to lat. 
39[deg]19'56'' N., long. 076[deg]21'02'' W.; to lat. 39[deg]20'39'' N., 
long. 076[deg]21'59'' W.; to the point of beginning.
    Designated altitudes. Surface 10,000 feet MSL.
    Time of designation. Continuous.
    Controlling agency. FAA, Potomac TRACON.
    Using agency. U.S. Army, Commander, Aberdeen Proving Ground, MD.

    Issued in Washington, DC, on September 24, 2013.
Gary A. Norek,
Manager, Airspace Policy and ATC Procedures Group.
[FR Doc. 2013-23951 Filed 9-30-13; 8:45 am]
BILLING CODE 4910-13-P