[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Rules and Regulations]
[Pages 83023-83024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26003]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA-2023-0243; Airspace Docket No. 23-ASO-31]
RIN 2120-AA66
Renaming of Restricted Areas R-5311A, R-5311B, and R-5311C; Fort
Bragg, NC
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action is an administrative change to rename restricted
areas R-5311A, R-5311B, and R-5311C, Fort Bragg, NC, and to update the
using agency description to reflect the change. Additionally,
geographic coordinate technical amendments for two boundary points
listed in the restricted areas are made to accurately align the
existing boundary with the Little River referenced in the descriptions.
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-5311A, R-5311B, and R-5311C.
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 Bragg, NC'' is changed to
``Fort Liberty, NC.'' Consequently, this rulemaking action implements
the requisite changes to part 73 by updating the airspace descriptions
of restricted areas R-5311A, R-5311B, and R-5311C to reflect the new
name.
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\1\ Public Law 116-283, 134 Stat. 3388, Jan. 1, 2021.
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Upon review of the restricted areas, the FAA identified two
boundary points used in the boundary descriptions that required
technical amendment to accurately align with the Little River used in
the description. This action includes the geographic coordinate
technical amendments to align the northern boundary with the Little
River, as originally intended.
The Rule
This action amends 14 CFR part 73 by updating the airspace titles
and using agency descriptions for restricted areas R-5311A, R-5311B,
and R-5311C by removing the name ``Fort Bragg, NC'' and replacing it
with ``Fort Liberty, NC.''
The FAA also makes a technical amendment to two geographic points
in the description of restricted areas R-5311A, R-5311B, and R-5311C.
These minor amendments to the geographic coordinates more accurately
describe the intersection of each restricted area where it meets the
Little River in North
[[Page 83024]]
Carolina. Updating these coordinates does not change the boundary of
the restricted areas, but rather increases the accuracy of the waterway
due to digital precision survey. The point ``lat. 35[deg]10'47'' N,
long. 79[deg]01'55'' W'' is changed to ``lat. 35[deg]10'40'' N, long.
79[deg]01'56'' W''; and the point ``lat. 35[deg]09'41'' N, long.
79[deg]20'09'' W'' is changed to ``lat. 35[deg]09'43'' N, long.
79[deg]20'07'' W''.
This action consists of administrative name changes and minor
technical amendments only and does not affect the boundaries,
altitudes, time of designation, or activities conducted in the
restricted areas. 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 location and using agency information of
restricted areas R-5311A, R-5311B, and R-5311C, and minor geographic
coordinate technical amendments, 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 5-6.5d, which categorically excludes from further
environmental impact review rulemaking actions where 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. 73.53 North Carolina [Amended]
0
2. Section 73.53 is amended as follows:
* * * * *
R-5311A Fort Bragg, NC [Removed]
R-5311B Fort Bragg, NC [Removed]
R-5311C Fort Bragg, NC [Removed]
R-5311A Fort Liberty, NC [New]
Boundaries. Beginning at lat. 35[deg]10'40'' N, long.
79[deg]01'56'' W; to lat. 35[deg]08'48'' N, long. 79[deg]01'59'' W;
to lat. 35[deg]07'01'' N, long. 79[deg]02'29'' W; to lat.
35[deg]05'36'' N, long. 79[deg]01'49'' W; to lat. 35[deg]02'56'' N,
long. 79[deg]05'39'' W; to lat. 35[deg]02'46'' N, long.
79[deg]20'09'' W; to lat. 35[deg]07'06'' N, long. 79[deg]22'49'' W;
to lat. 35[deg]09'43'' N, long. 79[deg]20'07'' W; thence along
Little River to the point of beginning.
Designated altitudes. Surface to but not including 7,000 feet
MSL.
Time of designation. Continuous.
Controlling agency. FAA, Washington ARTCC.
Using agency. U.S. Army, Commanding General, Fort Liberty, NC.
R-5311B Fort Liberty, NC [New]
Boundaries. Beginning at lat. 35[deg]10'40'' N, long.
79[deg]01'56'' W; to lat. 35[deg]08'48'' N, long. 79[deg]01'59'' W;
to lat. 35[deg]07'01'' N, long. 79[deg]02'29'' W; to lat.
35[deg]05'36'' N, long. 79[deg]01'49'' W; to lat. 35[deg]02'56'' N,
long. 79[deg]05'39'' W; to lat. 35[deg]02'46'' N, long.
79[deg]20'09'' W; to lat. 35[deg]07'06'' N, long. 79[deg]22'49'' W;
to lat. 35[deg]09'43'' N, long. 79[deg]20'07'' W; thence along
Little River to the point of beginning.
Designated altitudes. From 7,000 feet MSL to but not including
12,000 feet MSL.
Time of designation. Continuous.
Controlling agency. FAA, Washington ARTCC.
Using agency. U.S. Army, Commanding General, Fort Liberty, NC.
R-5311C Fort Liberty, NC [New]
Boundaries. Beginning at lat. 35[deg]10'40'' N, long.
79[deg]01'56'' W; to lat. 35[deg]08'48'' N, long. 79[deg]01'59'' W;
to lat. 35[deg]07'01'' N, long. 79[deg]02'29'' W; to lat.
35[deg]05'36'' N, long. 79[deg]01'49'' W; to lat. 35[deg]02'56'' N,
long. 79[deg]05'39'' W; to lat. 35[deg]02'46'' N, long.
79[deg]20'09'' W; to lat. 35[deg]07'06'' N, long. 79[deg]22'49'' W;
to lat. 35[deg]09'43'' N, long. 79[deg]20'07'' W; thence along
Little River to the point of beginning.
Designated altitudes. From 12,000 feet MSL to but not including
FL 290.
Time of designation. Continuous.
Controlling agency. FAA Washington ARTCC.
Using agency. U.S. Army, Commanding General, Fort Liberty, NC.
* * * * *
Issued in Washington, DC, on November 20, 2023.
Karen L. Chiodini,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2023-26003 Filed 11-27-23; 8:45 am]
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