[Federal Register Volume 88, Number 184 (Monday, September 25, 2023)]
[Rules and Regulations]
[Pages 65595-65597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20617]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA-2023-1802; Airspace Docket No. 23-ASW-13]
RIN 2120-AA66
Renaming of Restricted Areas R-6302A, R-6302B, R-6302C, R-6302D,
and R-6302E, and Updating the Using Agency, U.S. Army, Commanding
General, III Armored Corps and Fort Cavazos, Fort Cavazos, TX
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action is an administrative change to rename the location
of restricted areas R-6302A, R-6302B, R-6302C, R-6302D, and R-6302E and
to update the name of the listed using agency for those restricted
areas. 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). Additionally, this
action makes minor editorial corrections to the designated altitudes
contained in three of the restricted areas and to the geographic
coordinates of one boundary point in one of the restricted areas. These
amendments do not affect the overall restricted area complex
boundaries, operational altitudes, times of designation, or activities
conducted within the airspace.
DATES: Effective 0901 UTC, November 30, 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: Colby Abbott, 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-6302A, R-6302B, R-6302C, R-6302D, and R-6302E and
the name of their using agency.
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 Hood, TX'' is changed to
``Fort Cavazos, TX''. Consequently, this rulemaking action implements
the requisite changes to part 73 by updating the airspace description
titles and using agencies of restricted areas R-6302A, R-6302B, R-
6302C, R-6302D, and R-6302E to reflect the new name.
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\1\ Public Law 116-283, 134 Stat. 3388, Jan. 1, 2021.
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Additionally, in reviewing the Fort Hood restricted areas complex,
the FAA identified restricted area R-6302A and the overlapping R-6302E
contained the same 30,000 feet mean sea level (MSL) altitude in both
designated altitudes descriptions. To correct this altitude overlap
while both restricted areas are active, the designated altitude
information for R-6302A is being changed from extending upward from the
surface to 30,000 feet MSL to extending upward from the surface to, but
not including 30,000 feet MSL. That will overcome the designated
altitudes overlap issue without impacting the operations conducted
within the restricted areas when they are active
[[Page 65596]]
individually or collectively. Further, to keep the designated altitudes
ceilings for two adjacent restricted areas (R-6302C and R-6302D) to R-
6302A consistent with the changed R-6302A ceiling, the designated
altitudes for R-6302C and R-6302D are also being changed to reflect
extending upward from the surface to, but not including 30,000 feet
MSL.
Lastly, in the FAA's review of the R-6302 restricted areas complex,
a typographical error was identified for the seventh boundary point
listed in the R-6302E description. When R-6302E was established (59 FR
43460; Aug. 24, 1994), that boundary point was listed as latitude
31[deg]09'01'' N, longitude 97[deg]43'31'' W. In 1999, the FAA
published a rule amending R-6302E (64 FR 3623; Jan. 25, 1999) to modify
the western boundary of the restricted area to no longer extend over R-
6302C and R-6302D. Inadvertently, a typographical error was made to the
seventh boundary point geographic coordinates on the eastern boundary
of the R-6302E description that changed the latitude 31[deg]09'01'' N,
longitude 97[deg]43'31'' W coordinates to latitude 31[deg]09'01'' N,
longitude 97[deg]43'01'' W. This action corrects that typographic error
to reflect the seventh boundary point listed in the R-6302E description
as ``lat. 31[deg]09'01'' N, long. 97[deg]43'31'' W''.
The Rule
This action amends 14 CFR part 73 by updating the airspace titles
and using agency information for restricted areas R-6302A, R-6302B, R-
6302C, R-6302D, and R-6302E by removing the name ``Fort Hood, TX'' and
replacing it with ``Fort Cavazos, TX''. Additionally, this action
changes the designated altitudes for R-6302A, R-6302C, and R-6302D from
``Surface to 30,000 feet MSL'' to ``Surface to, but not including
30,000 feet MSL''. Lastly, this action corrects the seventh boundary
point listed for R-6302E from ``lat. 31[deg]09'01'' N, long.
97[deg]43'01'' W'' to ``lat. 31[deg]09'01'' N, long. 97[deg]43'31''
W''.
This action consists of administrative name changes and minor
editorial corrections only and does not affect the restricted area
complex boundaries, operational altitudes, times of designation, or
activities conducted within 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-6302A,
R-6302B, R-6302C, R-6302D, and R-6302E, 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, which categorically excludes from
further environmental impact review 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:
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. 73.63 Texas (TX) [Amended]
0
2. Section 73.63 is amended as follows:
R-6302A Fort Hood, TX [Removed]
R-6302B Fort Hood, TX [Removed]
R-6302C Fort Hood, TX [Removed]
R-6302D Fort Hood, TX [Removed]
R-6302E Fort Hood, TX [Removed]
R-6302A Fort Cavazos, TX [New]
Boundaries. Beginning at lat. 31[deg]09'01'' N, long.
97[deg]45'01'' W; to lat. 31[deg]10'01'' N, long. 97[deg]48'01'' W; to
lat. 31[deg]14'15'' N, long. 97[deg]50'33'' W; to lat. 31[deg]18'25''
N, long. 97[deg]48'48'' W; to lat. 31[deg]18'23'' N, long.
97[deg]45'43'' W; to lat. 31[deg]20'00'' N, long. 97[deg]45'23'' W; to
lat. 31[deg]22'09'' N, long. 97[deg]43'27'' W; to lat. 31[deg]22'08''
N, long. 97[deg]41'56'' W; to lat. 31[deg]21'01'' N, long.
97[deg]41'01'' W; to lat. 31[deg]20'01'' N, long. 97[deg]41'01'' W; to
lat. 31[deg]14'01'' N, long. 97[deg]33'01'' W; to lat. 31[deg]08'01''
N, long. 97[deg]37'01'' W; to lat. 31[deg]08'01'' N, long.
97[deg]39'01'' W; to lat. 31[deg]10'01'' N, long. 97[deg]41'01'' W; to
lat. 31[deg]09'01'' N, long. 97[deg]43'31'' W; to the point of
beginning.
Designated altitudes. Surface to, but not including 30,000 feet
MSL.
Time of designation. Continuous.
Controlling agency. FAA, Houston ARTCC.
Using agency. U.S. Army, Commanding General, III Armored Corps and
Fort Cavazos, Fort Cavazos, TX.
R-6302B Fort Cavazos, TX [New]
Boundaries. Beginning at lat. 31[deg]14'01'' N, long.
97[deg]33'01'' W; to lat. 31[deg]06'01'' N, long. 97[deg]33'01'' W; to
lat. 31[deg]08'01'' N, long. 97[deg]39'01'' W; to lat. 31[deg]08'01''
N, long. 97[deg]37'01'' W; to the point of beginning.
Designated altitudes. Surface to 11,000 feet MSL.
Time of designation. 1800-0600 local time, Monday-Saturday; other
times by NOTAM.
Controlling agency. FAA, Houston ARTCC.
Using agency. U.S. Army, Commanding General, III Armored
[[Page 65597]]
Corps and Fort Cavazos, Fort Cavazos, TX.
R-6302C Fort Cavazos, TX [New]
Boundaries. Beginning at lat. 31[deg]09'01'' N, long.
97[deg]45'01'' W; to lat. 31[deg]09'01'' N, long. 97[deg]55'01'' W; to
lat. 31[deg]16'01'' N, long. 97[deg]54'01'' W; to lat. 31[deg]19'01''
N, long. 97[deg]51'01'' W; to lat. 31[deg]18'25'' N, long.
97[deg]48'48'' W; to lat. 31[deg]14'15'' N, long. 97[deg]50'33'' W; to
lat. 31[deg]10'01'' N, long. 97[deg]48'01'' W; to the point of the
beginning.
Designated altitudes. Surface to, but not including 30,000 feet
MSL.
Time of designation. 0700-1900 local time, Monday-Friday; other
times by NOTAM.
Controlling agency. FAA, Houston ARTCC.
Using agency. U.S. Army, Commanding General, III Armored Corps and
Fort Cavazos, Fort Cavazos, TX.
R-6302D Fort Cavazos, TX [New]
Boundaries. Beginning at lat. 31[deg]18'25'' N, long.
97[deg]48'48'' W; to lat. 31[deg]19'01'' N, long. 97[deg]51'01'' W; to
lat. 31[deg]24'01'' N, long. 97[deg]48'01'' W; to lat. 31[deg]23'01''
N, long. 97[deg]43'01'' W; to lat. 31[deg]22'08'' N, long.
97[deg]41'56'' W; to lat. 31[deg]22'09'' N, long. 97[deg]43'27'' W; to
lat. 31[deg]20'00'' N, long. 97[deg]45'23'' W; to lat. 31[deg]18'23''
N, long. 97[deg]45'43'' W; to the point of the beginning.
Designated altitudes. Surface to, but not including 30,000 feet
MSL.
Time of designation. 0700-1900 local time, Monday-Friday; other
times by NOTAM.
Controlling agency. FAA, Houston ARTCC.
Using agency. U.S. Army, Commanding General, III Armored Corps and
Fort Cavazos, Fort Cavazos, TX.
R-6302E Fort Cavazos, TX [New]
Boundaries. Beginning at lat. 31[deg]22'08'' N, long.
97[deg]41'56'' W; to lat. 31[deg]21'01'' N, long. 97[deg]41'01'' W; to
lat. 31[deg]20'01'' N, long. 97[deg]41'01'' W; to lat. 31[deg]14'01''
N, long. 97[deg]33'01'' W; to lat. 31[deg]08'01'' N, long.
97[deg]39'01'' W; to lat. 31[deg]10'01'' N, long. 97[deg]41'01'' W; to
lat. 31[deg]09'01'' N, long. 97[deg]43'31'' W; to lat. 31[deg]09'01''
N, long. 97[deg]45'01'' W; to lat. 31[deg]10'01'' N, long.
97[deg]48'01'' W; to lat. 31[deg]14'15'' N, long. 97[deg]50'33'' W; to
lat. 31[deg]18'25'' N, long. 97[deg]48'48'' W; to lat. 31[deg]18'23''
N, long. 97[deg]45'43'' W; to lat. 31[deg]20'00'' N, long.
97[deg]45'23'' W; to lat. 31[deg]22'09'' N, long. 97[deg]43'27'' W; to
the point of beginning.
Designated altitudes. 30,000 feet MSL to 45,000 feet MSL.
Times of designation. By NOTAM 48 hours in advance.
Controlling agency. FAA, Houston ARTCC.
Using agency. U.S. Army, Commanding General, III Armored Corps and
Fort Cavazos, Fort Cavazos, TX.
* * * * *
Issued in Washington, DC, on September 19, 2023.
Karen L. Chiodini,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2023-20617 Filed 9-22-23; 8:45 am]
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