Daily Rules, Proposed Rules, and Notices of the Federal Government


Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2007-28633; Airspace Docket No. 07-ASW-7]

RIN 2120-AA66

Proposed Establishment of Restricted Area 3405; Sullivan, IN

AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
SUMMARY: This action proposes to establish Restricted Area 3405 (R-3405) at Sullivan, IN. The United States (U.S.) Navy requests that the FAA take action to establish R-3405 for the protection of nonparticipating aircraft from a tethered aerostat balloon used to deploy radar, electro-optic, camera, and other sensor packages at Naval Support Activity (NSA) Crane's Glendora Lake Test Facility.
DATES: Comments must be received on or before October 15, 2007.
ADDRESSES: Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590; telephone: (202) 366-9826. You must identify FAADocket No. FAA-2007-28633 and Airspace Docket No. 07-ASW-7, at the beginning of your comments. You may also submit comments through the Internet at
FOR FURTHER INFORMATION CONTACT: Steve Rohring, Airspace and RulesGroup, Office of System Operations Airspace and AIM, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone: (202) 267-8783.

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-2007-28633 and Airspace Docket No. 07-ASW-7) and be submitted in triplicate to the Docket Management System (seeADDRESSESsection for address and phone number). You may also submit comments through the Internet at

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-2007-28633 and Airspace Docket No. 07-ASW-7.” 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 NPRMs

An electronic copy of this document may be downloaded through the Internet at published rulemaking documents can also be accessed through the FAA's Web page athttp://www.faa.govor theFederal Register'sWeb page at

You may review the public docket containing the proposal, any comments received, and any final disposition in person at the Dockets Office (seeADDRESSESsection 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 Central Service Center, Federal Aviation Administration, 2601 Meacham Blvd., Fort Worth, TX 76193-0500.

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.


On January 31, 2007, the U.S. Navy requested that the FAA take action to establish R-3405 at Sullivan, IN. The requested action would provide airspace needed to separate nonparticipating aircraft from a tethered aerostat balloon. The balloon is used at various locations within NSA Crane's Lake Glendora Test Facility to deploy radar, electro-optic, camera, and other sensor packages.

The Proposal

The FAA is proposing an amendment to Title 14 Code of Federal Regulations (14 CFR) part 73 to establish R-3405 over an area near Sullivan, IN. The restricted area would enhance safety by separating nonparticipating aircraft from tethered balloon operations conducted by the Lake Glendora Test Facility. The restricted area would be relatively small, covering less than 1 square nm and extending from the surface up to 2,000 feet MSL.

Section 73.34 of Title 14 CFR part 73 was republished in FAA Order 7400.8N, dated February 16, 2007.

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.

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 establishes restricted airspace at Sullivan, IN.

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:


1. The authority citation for part 73 continues to read as follows:


49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

§ 73.34 [Amended]

2. Section 73.34 is amended as follows:

R-3405Sullivan, IN [New]

Boundaries.Beginning at lat. 39°07′41″ N., long. 87°22′02″ W.; to lat. 39°07′41″ N., long. 87°21′29″ W.; to lat. 39°07′39″ N., long. 87°21′29″ W.; to lat. 39°07′39″ N., long. 87°21′26″ W.; to lat. 39°07′41″ N., long. 87°21′25″ W.; to lat. 39°07′41″ N., long. 87°21′12″ W.; to lat. 39°07′00″ N., long. 87°21′08″ W.; to lat. 39°07′00″ N., long. 87°21′46″ W.; to lat. 39°06′36″ N., long. 87°21′47″ W.; to lat. 39°06′36″ N., long. 87°22′03″ W.; to the point of beginning.

Designated altitudes.Surface up to and including 2,000 feet MSL.

Times of Designation.By NOTAM 24 hours in advance.

Controlling Agency.FAA, Terre Haute ATCT.

Using Agency.U.S. Navy, Naval Support Activity Crane

Issued in Washington, DC, August 24, 2007. Edith V. Parish, Manager, Airspace and Rules Group.