[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Rules and Regulations]
[Pages 48364-48365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15863]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA-2023-1534; Airspace Docket No. 23-AEA-11]
RIN 2120-AA66
Renaming of Restricted Areas R-6602A, R-6602B, and R-6602C; Fort
Pickett, VA
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action is an administrative change to rename the location
of restricted areas R-6602A, R-6602B, and R-6602C, Fort Pickett, VA,
and to update the using agency description to reflect the change. This
action partially implements recommendations of the Commission on the
Naming of Items (Naming Commission) of the Department of Defense (DoD)
as established by section 370 of the Fiscal Year (FY) 2021 National
Defense Authorization Act (NDAA).
DATES: Effective date 9:01 a.m. UTC, October 5, 2023.
ADDRESSES: A copy of this final rule, and all background material may
be viewed online at www.regulations.gov using the FAA Docket number.
Electronic retrieval help and guidelines are available on the website.
It is available 24 hours each day, 365 days each year.
FOR FURTHER INFORMATION CONTACT: Paul Gallant, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
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 updates the information in the airspace descriptions of
restricted areas R-6602A, R-6602B, and R-6602C.
Background
The FY 2021 NDAA directed the DoD to establish a commission
relating to assigning, modifying, or removing of names, symbols,
displays, monuments, and paraphernalia to assets of the DoD that
commemorate the Confederate States of America or any person who served
voluntarily with the Confederate States of America.\1\ In January 2023,
the Secretary of Defense directed all DoD organizations to begin full
implementation of the Naming Commission's recommendations. As approved
by the Secretary of Defense, the name ``Fort Pickett, VA'' is changed
to ``Fort Barfoot, VA''. Consequently, this rulemaking action
implements the requisite changes to part 73 by updating the airspace
descriptions of restricted areas R-6602A, R-6602B, and R-6602C to
reflect the new name.
---------------------------------------------------------------------------
\1\ Public Law 116-283, 134 Stat. 3388, Jan. 1, 2021.
---------------------------------------------------------------------------
The Rule
This action amends 14 CFR part 73 by updating the airspace titles
and using agency descriptions for restricted areas R-6602A, R-6602B,
and R-6602C by removing the name ``Fort Pickett, VA'' and replacing it
with ``Fort Barfoot, VA''. This action consists of administrative name
changes only and does not affect the boundaries, altitudes, time of
designation, or activities conducted in the airspace. Therefore, notice
and public procedure under 5 U.S.C. 553(b) is unnecessary.
Regulatory Notices and Analyses
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.
It, therefore: (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 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.
Environmental Review
The FAA has determined that this action of making administrative
name changes to the geographic locations of restricted areas R-6602A,
R-6602B, and R-6602C, which do not alter the boundaries, altitudes, or
time of designation, qualifies for categorical exclusion under the
National Environmental Policy Act (42 U.S.C. 4321 et seq.) and its
implementing regulations at 40 CFR part 1500, and in accordance with
FAA Order 1050.1F, Environmental Impacts: Policies and Procedures,
paragraph 5-6.5a, which categorically excludes from further
environmental impact review rulemaking actions that designate or modify
classes of airspace areas, airways, routes, and reporting points (see
14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and Reporting Points); and paragraph 5-
6.5d--Modification of the technical description of special use airspace
(SUA) that does not alter the dimensions, altitudes, or times of
designation of the airspace (such as changes in designation of the
controlling or using agency, or correction of typographical errors). In
accordance with FAA Order 1050.1F, paragraph 5-2 regarding
Extraordinary Circumstances, the FAA has reviewed this action for
factors and circumstances in which a normally categorically excluded
action may have a significant environmental impact requiring further
analysis. The FAA has determined that no extraordinary circumstances
exist that warrant preparation of an environmental assessment or
environmental impact study.
List of Subjects in 14 CFR Part 73
Airspace, Prohibited areas, Restricted areas.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 73 as follows:
PART 73--SPECIAL USE AIRSPACE
0
1. The authority citation for 14 CFR part 73 continues to read as
follows:
[[Page 48365]]
Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.
Sec. 73.66 Virginia [Amended]
0
2. Section 73.66 is amended as follows:
* * * * *
R-6602A Fort Pickett, VA [Removed]
R-6602B Fort Pickett, VA [Removed]
R-6602C Fort Pickett, VA [Removed]
R-6602A Fort Barfoot, VA [New]
Boundaries. Beginning at lat. 37[deg]05'38'' N, long.
77[deg]51'53'' W; to lat. 37[deg]04'26'' N, long. 77[deg]51'44'' W;
thence along State Highway No. 40; to lat. 37[deg]03'56'' N, long.
77[deg]51'04'' W; to lat. 37[deg]02'44'' N, long. 77[deg]50'37'' W; to
lat. 37[deg]01'06'' N, long. 77[deg]50'42'' W; to lat. 36[deg]59'51''
N, long. 77[deg]50'33'' W; to lat. 36[deg]57'59'' N, long.
77[deg]52'13'' W; to lat. 36[deg]57'55'' N, long. 77[deg]53'18'' W; to
lat. 36[deg]58'13'' N, long. 77[deg]57'41'' W; to lat. 37[deg]01'51''
N, long. 77[deg]58'39'' W; to lat. 37[deg]01'51'' N, long.
77[deg]55'57'' W; to lat. 37[deg]04'22'' N, long. 77[deg]55'57'' W; to
lat. 37[deg]05'38'' N, long. 77[deg]54'41'' W; to the point of
beginning.
Designated altitudes. Surface to but not including 4,000 feet MSL.
Time of designation. Continuous May 1 to Sept. 15. Other times by
NOTAM 24 hours in advance.
Controlling agency. FAA, Washington ARTCC.
Using agency. Virginia National Guard, Commander, Fort Barfoot, VA.
R-6602B Fort Barfoot, VA [New]
Boundaries. Beginning at lat. 37[deg]05'38'' N, long.
77[deg]51'53'' W; to lat. 37[deg]04'26'' N, long 77[deg]51'44'' W;
thence along State Highway No. 40; to lat. 37[deg]03'56'' N, long.
77[deg]51'04'' W; to lat. 37[deg]02'44'' N, long. 77[deg]50'37'' W; to
lat. 37[deg]01'06'' N, long. 77[deg]50'42'' W; to lat. 36[deg]57'55''
N, long. 77[deg]53'18'' W; to lat. 36[deg]58'13'' N, long.
77[deg]57'41'' W; to lat. 37[deg]01'51'' N, long. 77[deg]58'39'' W; to
lat. 37[deg]01'51'' N, long. 77[deg]55'57'' W; to lat. 37[deg]04'22''
N, long. 77[deg]55'57'' W; to lat. 37[deg]05'38'' N, long.
77[deg]54'41'' W; to the point of beginning.
Designated altitudes. 4,000 feet MSL to but not including 11,000
feet MSL.
Time of designation. By NOTAM 24 hours in advance.
Controlling agency. FAA, Washington ARTCC.
Using agency. Virginia National Guard, Commander, Fort Barfoot, VA.
R-6602C Fort Barfoot, VA [New]
Boundaries. Beginning at lat. 37[deg]05'38'' N, long.
77[deg]51'53'' W; to lat. 37[deg]04'26'' N, long. 77[deg]51'44'' W;
thence along State Highway No. 40; to lat. 37[deg]03'56'' N, long.
77[deg]51'04'' W; to lat. 37[deg]02'44'' N, long. 77[deg]50'37'' W; to
lat. 37[deg]01'06'' N, long. 77[deg]50'42'' W; to lat. 36[deg]57'55''
N, long. 77[deg]53'18'' W; to lat. 36[deg]58'13'' N, long.
77[deg]57'41'' W; to lat. 37[deg]01'51'' N, long. 77[deg]58'39'' W; to
lat. 37[deg]01'51'' N, long. 77[deg]55'57'' W; to lat. 37[deg]04'22''
N, long. 77[deg]55'57'' W; to lat. 37[deg]05'38'' N, long.
77[deg]54'41'' W; to the point of beginning.
Designated altitudes. 11,000 feet MSL to but not including 18,000
feet MSL.
Time of designation. By NOTAM 24 hours in advance.
Controlling agency. FAA Washington ARTCC.
Using agency. Virginia National Guard, Commander, Fort Barfoot, VA.
* * * * *
Issued in Washington, DC, on July 21, 2023.
Karen L. Chiodini,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-15863 Filed 7-26-23; 8:45 am]
BILLING CODE 4910-13-P