Airworthiness directives: Restricted areas,

[Federal Register: February 17, 1999 (Volume 64, Number 31)]

[Rules and Regulations]

[Page 7777-7778]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr17fe99-4]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Airspace Docket No. 98-AWP-27]

RIN 2120-AA66

Revocation and Establishment of Restricted Areas; NV

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action revokes Restricted Areas R-4803N and R-4803S, and establishes R-4803, Fallon, Nevada (NV). The FAA is taking this action in response to a request from the United States Navy (USN) to eliminate R-4803N, and to redefine the arc of R-4803S as a complete circle and rename it R-4803. This action reduces restricted airspace at Fallon, NV, and improves access to Fallon Municipal Airport, NV.

EFFECTIVE DATE: 0901 UTC, May 20, 1999.

FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules Division, ATA-400, Office of Air Traffic Airspace Management, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION:

Background

Residential development in the vicinity of R-4803N and R-4803S has led to an increasing number of noise complaints and perceived safety concerns by the local community. In 1997, USN personnel at Fallon Naval Air Station began a comprehensive review of restricted area operations in the Fallon area. As a result of the review, public meetings, over- flight tests, and a survey of local residents, the USN requested the FAA disestablish the restricted airspace that overlies what were formerly farmlands bordering the city of Fallon, NV. This is an administrative change which reduces the size of the restricted airspace and eliminates a portion of restricted airspace no longer needed by the USN. It does not alter the type of activities conducted within the remaining restricted airspace.

The Rule

This amendment to 14 CFR part 73 revokes Restricted Areas R-4803N and R-4803S, and establishes R-4803, Fallon, NV. The FAA is taking this action in response to a request from the USN to eliminate R-4803N and redefine the arc R-4803S as a complete circle and rename it R-4803. This action reduces restricted airspace at Fallon, NV, and improves access to Fallon Municipal Airport, NV. As the solicitation of comments would not offer any meaningful right or benefit to any segment of the public, notice and public procedure under 5 U.S.C. 553(b) are unnecessary.

The FAA has determined that this action only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation: (1) is not a ``significant regulatory action'' under Executive Order 12866; (2) is not a ``significant rule'' under 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 will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

[[Page 7778]]

Environmental Review

This action reduces the size of the restricted airspace. In accordance with FAA Order 1050.1D, ``Polices and Procedures for Considering Environmental Impacts,'' this action is categorically excluded.

List of Subjects in 14 CFR Part 73

Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 73 as follows:

PART 73--SPECIAL USE AIRSPACE

1. The authority citation for part 73 continues to read as follows:

   Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

   Sec. 73.48 [Amended]

2. Sec. 73.48 is amended as follows: * * * * *

   R-4803N Fallon, NV [Revoked]

   R-4803S Fallon, NV [Revoked]

   R-4803 Fallon, NV [New]

   Boundaries: A 3-NM radius circle centered at lat. 39 deg.20'40'' N., long. 118 deg.52'19'' W. Designated Altitudes. Surface to but not including FL 180. Time of designation. 0715 to 2330 daily. Controlling agency. FAA Oakland ARTCC. Using agency. Naval Strike and Air Warfare Center, Fallon, NV. * * * * *

   Issued in Washington, DC, on February 10, 1999. Reginald C. Matthews, Acting Program Director for Air Traffic Airspace Management.

   [FR Doc. 99-3803Filed2-16-99; 8:45 am]

   BILLING CODE 4910-13-P