Airworthiness standards: Restricted areas,

[Federal Register: October 5, 1998 (Volume 63, Number 192)]

[Rules and Regulations]

[Page 53279-53280]

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

[DOCID:fr05oc98-5]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Airspace Docket No. 97-ASO-9]

RIN 2120-AA66

Amendment to Time of Designation for Restricted Area R-2908, Pensacola, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action amends the time of designation for Restricted Area R-2908 (R-2908) by reducing the published time frame for routine activation of the area. A special use airspace utilization review conducted by the FAA determined that the user no longer requires regular use of the restricted area on a year-round basis. The amended time of designation more accurately reflects the user's current requirements.

EFFECTIVE DATE: 0901 UTC, December 3, 1998.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, 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

Restricted Area R-2908 is currently designated for daily use, 12 months of

[[Page 53280]]

the year. However, the user's mission requirements for the airspace now occur during the months of November and December, during the time periods of 0800-1600 local time, Monday-Friday, with an occasional requirement to activate R-2908 outside these periods by Notice to Airmen (NOTAM). This change to the time of designation will more accurately reflect the user's airspace needs and to better inform the flying public as to when that area may be in use.

The Rule

This action amends 14 CFR part 73 by changing the time of designation for R-2908 from ``Intermittent, sunrise-sunset, daily; other times by NOTAM 24 hours in advance,'' to ``November-December, Monday-Friday, 0800-1600 local time; other times by NOTAM 24 hours in advance.'' This administrative change reduces the time of designation for R-2908 but does not alter the boundaries, altitudes, or activities conducted within the restricted area. Therefore, I find that notice and public procedures under 5 U.S.C. 553(b) are unnecessary because this action is a minor technical amendment in which the public would not be particularly interested.

Section 73.29 of part 73 was republished in FAA Order 7400.8E, dated November 7, 1997.

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. 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 will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

This action is a minor administrative change to reduce the published time of designation for Restricted Area R-2908. There are no changes to air traffic control procedures or routes as a result of this action. Therefore, this action is not subject to environmental assessments and procedures in accordance with FAA Order 1050.1D, ``Policies and Procedures for Considering Environmental Impacts,'' and the National Environmental Policy Act of 1969.

List of Subjects in 14 CFR Part 73

Airspace, 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. 73.29 [Amended]

2. Sec. 73.29 is amended as follows: * * * * *

   R-2908 Pensacola, FL [Amended]

   By removing the words ``Time of designation. Intermittent, sunrise-sunset, daily; other times by NOTAM 24 hours in advance,'' and adding the words ``Time of designation. November-December, Monday-Friday, 0800-1600 local time; other times by NOTAM 24 hours in advance.'' * * * * *

   Issued in Washington, DC, on September 28, 1998. Reginald C. Matthews, Acting Program Director for Air Traffic Airspace Management.

   [FR Doc. 98-26600Filed10-2-98; 8:45 am]

   BILLING CODE 4910-13-P