[Federal Register Volume 88, Number 220 (Thursday, November 16, 2023)]
[Rules and Regulations]
[Pages 78636-78637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25347]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA-2023-2220; Airspace Docket No. 23-AWP-59]
RIN 2120-AA66
Amendment of Restricted Area R-2512 Holtville, CA
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action amends the using agency listed for restricted area
R-2512 Holtville, CA from ``U.S. Navy, Fleet Area Control and
Surveillance Facility, San Diego, CA'' to ``U.S. Marine Corps,
Commanding Officer, Marine Corps Air Station Yuma, Yuma, AZ.'' This
action does not change any boundaries, altitudes, times of designation,
or activities conducted within the restricted areas.
DATES: Effective date 0901 UTC, January 25, 2024.
FOR FURTHER INFORMATION CONTACT: Steven Roff, 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 using agency listed for restricted areas R-
2512 Holtville, CA.
Background
The United States (U.S.) Navy Director, Air Warfare requested that
the FAA amend the description of restricted area R-2512 Holtville, CA
by changing the using agency listed for each from ``U.S. Navy, Fleet
Area Control and Surveillance Facility, San Diego, CA'' to ``U.S.
Marine Corps, Commanding Officer, Marine Corps Air Station Yuma, Yuma,
AZ.'' The request is the result of the Department of the Navy
determining it to be in the best interest of airspace and aircraft
operations management. The U.S. Navy and U. S. Marine Corps support the
using agency change.
The Rule
This action amends 14 CFR part 73 by changing the using agency name
listed for restricted area R-2512 Holtville, CA, from ``U.S. Navy,
Fleet Area Control and Surveillance Facility, San Diego, CA'' to ``U.S.
Marine Corps, Commanding Officer, Marine Corps Air Station Yuma, Yuma,
AZ.'' This action is necessary in
[[Page 78637]]
order to reflect the current organization tasked with using agency
responsibilities for the restricted areas.
This is an administrative change that does not affect the
boundaries, designated altitudes, times of designation, or activities
conducted within restricted areas R-2512 Holtville, CA; therefore,
notice and public procedure under 5 U.S.C. 553(b) are 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 amending the using
agency information for R-2512 Holtville, CA, 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 the 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). This airspace action is an
administrative change to the description of restricted area R-2512
Holtville, CA, to update the using agency name. It does not alter the
restricted area dimensions, designated altitudes, times of designation,
or use of the airspace. Therefore, this airspace action is not expected
to result in any significant environmental impacts. In accordance with
FAA Order 1050.1F, paragraph 5-2 regarding Extraordinary Circumstances,
this action has been reviewed 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.
Lists 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. 73.22 [Amended]
0
2. Section 73.22 is amended as follows:
* * * * *
R-2512 Holtville, CA
Using Agency. U.S. Marine Corps, Commanding Officer, Marine Corps
Air Station Yuma, Yuma, AZ.
* * * * *
Issued in Washington, DC, on November 13, 2023.
Karen Chiodini,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-25347 Filed 11-15-23; 8:45 am]
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