[Federal Register Volume 59, Number 237 (Monday, December 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30450]


[[Page Unknown]]

[Federal Register: December 12, 1994]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 73

[Airspace Docket No. 94-ASW-11]

 

Alteration and Subdivision of Restricted Area R-5111C and 
Establishment of R-5111D; NM

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies Restricted Area R-5111C, Elephant Butte, 
NM, by vertically subdividing the area into two separate areas 
designated as R-5111C and R-5111D. The present vertical dimension of R-
5111C is from the surface to unlimited. This action will amend R-5111C 
to 13,000 feet mean sea level (MSL) to unlimited and establish R-5111D 
from the surface to but not including 13,000 feet MSL. The lateral 
dimensions will remain the same. Stratification of the present R-5111C 
will enable the military to activate only that portion of the airspace 
that is actually needed to contain their operations.

EFFECTIVE DATE: 0901 UTC, February 2, 1995.

FOR FURTHER INFORMATION CONTACT: Steve Riley, Military Operations 
Program Office (ATM-420), Office of Air Traffic System Management, 
Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, DC 20591; telephone: (202) 267-7130.

SUPPLEMENTARY INFORMATION:

The Rule

    This amendment to part 73 of the Federal Aviation Regulations 
modifies Restricted Area R-5111C, Elephant Butte, NM, by vertically 
subdividing the area into two separate areas designated as R-5111C and 
R-5111D. This action does not change the activities conducted in the 
area. This action will create an effective management tool for the 
military by allowing it to activate only that portion of the special 
use airspace that it needs to contain hazardous activities. This action 
does not alter the boundaries of restricted airspace, nor is the 
mission conducted within the airspace changed, therefore, I find that 
notice and public procedure under 5 U.S.C. 553(b) are unnecessary 
because this action is a minor technical amendment in which the public 
is not particularly interested. The coordinates for this docket are 
based on North American Datum 83. Section 73.51 of part 73 of the 
Federal Aviation Regulations was republished in FAA Order 7400.8B dated 
March 9, 1994.
    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 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

    Since this action will not change the type of activity conducted in 
this airspace and does not alter the geographic boundaries of this 
airspace, the FAA has determined that this action is not subject to 
environmental assessments and procedures pursuant to FAA Order 1050.1D, 
``Policies and Procedures for Considering Environmental Impacts'' and 
the National Environmental Policy Act.

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--[AMENDED]

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


    Authority: 49 U.S.C. app. 1348(a), 1354(a), 1510, 1522; E.O. 
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 49 U.S.C. 106(g); 
14 CFR 11.69.


Sec. 73.51  [Amended]

    2. Section 73.51 is amended as follows:

R-5111C  Elephant Butte, NM [Revised]

Boundaries. Beginning at lat. 32 deg.45'45'' N., long. 
106 deg.57'02'' W.; to lat. 32 deg.47'00'' N., long. 107 deg.06'02'' 
W.; to lat. 33 deg.00'00'' N., long. 107 deg.13'02'' W.; to lat. 
33 deg.21'00'' N., long. 107 deg.08'02'' W.; to lat. 33 deg.26'50' 
N., long. 107 deg.00'02'' W.; to lat. 32 deg.52'00'' N., long. 
107 deg.00'02'' W.; to the point of beginning, excluding the 
airspace in R-5107F and R-5107G.

    Designated altitudes. 13,000 feet MSL to unlimited.
    Times of designation. As published by NOTAM at least 12 hours in 
advance.
    Controlling agency. FAA, Albuquerque ARTCC.
    Using agency. Deputy for United States Air Force White Sands 
Missile Range, NM 88002.

R-5111D  Elephant Butte, NM [New]

Boundaries. Beginning at lat. 32 deg.45'45'' N., long. 
106 deg.57'02'' W.; to lat. 32 deg.47'00'' N., long. 107 deg.06'02'' 
W.; to lat. 33 deg.00'00'' N., long. 107 deg.13'02'' W.; to lat. 
33 deg.21'00'' N., long. 107 deg.08'02'' W.; to lat. 33 deg.26'50'' 
N., long. 107 deg.00'02'' W.; to lat. 32 deg.52'00'' N., long. 
107 deg.00'02'' W.; to the point of beginning.

    Designated altitudes. Surface to but not including 13,000 feet 
MSL.
    Times of designation. As published by NOTAM at least 12 hours in 
advance.
    Controlling agency. FAA, Albuquerque ARTCC.
    Using agency. Deputy for United States Air Force White Sands 
Missile Range, NM 88002.

    Issued in Washington, DC, on December 2, 1994.
Fred L. Gibbs,
Acting Manager, Airspace-Rules and Aeronautical Information Division.
[FR Doc. 94-30450 Filed 12-9-94; 8:45 am]
BILLING CODE 4910-13-P