[Federal Register Volume 88, Number 225 (Friday, November 24, 2023)]
[Rules and Regulations]
[Pages 82257-82259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25850]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA-2023-0242; Airspace Docket No. 23-ASO-25]
RIN 2120-AA66
Renaming of Restricted Areas R-2103A and R-2103B; Fort Rucker, AL
AGENCY: Federal Aviation Administration (FAA), DOT.
[[Page 82258]]
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action is an administrative change to rename restricted
areas R-2103A and R-2103B, Fort Rucker, AL, 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 0901 UTC, January 25, 2024.
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: Brian Vidis, 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-2103A and R-2103B.
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 Rucker, AL'' is changed to
``Fort Novosel, AL''. Consequently, this rulemaking action implements
the requisite changes to part 73 by updating the airspace descriptions
of restricted areas R-2103A and R-2103B 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-2103A and R-2103B
by removing the name ``Fort Rucker, AL'' and replacing it with ``Fort
Novosel, AL''. Additionally, the FAA added the word ``statute'' to the
part 73 description to clarify the unit of measurement for the radius
of each volume of airspace. 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 restricted areas R-2103A and R-2103B, 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. Accordingly, 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. 73.21 Alabama [Amended]
0
2. Section 73.21 is amended as follows:
* * * * *
R-2103A Fort Rucker, AL [Removed]
R-2103B Fort Rucker, AL [Removed]
R-2103A Fort Novosel, AL [New]
Boundaries. A circular area with a radius of 4 statute miles
centered at lat. 31[deg]26'56'' N, long. 85[deg]47'45'' W.
Designated altitudes. Surface to but not including 10,000 feet.
MSL.
Time of designation. Continuous.
Controlling agency. U.S. Army, Cairns Approach Control.
Using agency. Commanding General, U.S. Army Aviation Center, Fort
Novosel, AL.
[[Page 82259]]
R-2103B Fort Novosel, AL [New]
Boundaries. A circular area with a radius of 4 statute miles
centered at lat. 31[deg]26'56'' N, long. 85[deg]47'45'' W.
Designated altitudes. 10,000 feet MSL to 15,000 feet MSL.
Time of designation. By NOTAM 6 hours in advance.
Controlling agency. FAA, Jacksonville ARTCC.
Using agency. Commanding General, U.S. Army Aviation Center, Fort
Novosel, AL.
* * * * *
Issued in Washington, DC, on November 17, 2023.
Karen L. Chiodini,
Acting Manager, Airspace Rules and Regulations Group.
[FR Doc. 2023-25850 Filed 11-22-23; 8:45 am]
BILLING CODE 4910-13-P