[Federal Register Volume 62, Number 249 (Tuesday, December 30, 1997)]
[Rules and Regulations]
[Page 67711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33867]


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DEPARTMENT OF TRANSPORTATION

14 CFR Part 73

[Airspace Docket No. 97-ANE-101]
RIN 2120-AA66


Change of Using Agency for Restricted Areas R-4105A and R-4105B; 
No Man's Land Island, MA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action changes the using agency for Restricted Areas R-
4105A (R-4105A) and R-4105B (R-4105B), No Man's Land Island, MA, from 
the ``U.S. Navy, Commanding Officer, Naval Air Station (NAS) South 
Weymouth, MA,'' to ``Air National Guard (ANG), 104th Fighter Wing, 
Barnes Municipal Airport, Westfield, MA.'' This change is required due 
to the closure of NAS South Weymouth.

EFFECTIVE DATE: 0901 UTC, February 26, 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

    The Defense Base Realignment and Closure Commission directed the 
closure of NAS South Weymouth, MA, which is currently the designated 
using agency for R-4105A and R-4105B. However, the ANG 104th Fighter 
Wing has been a long-time co-user of the range and, as such, has a 
continuing requirement for these restricted areas. By this action, the 
104th Fighter Wing is being designated as the using agency since it has 
become the primary user of the restricted areas.

The Rule

    This action amends 14 CFR part 73 by changing the using agency for 
R-4105A and R-4105B, No Man's Land Island, MA, from ``U.S. Navy, 
Commanding Officer, NAS South Weymouth, MA,'' to ``ANG, 104th Fighter 
Wing, Barnes Municipal Airport, MA.'' This administrative change will 
not alter the boundaries, altitudes, time of designation, or activities 
conducted within the restricted areas; therefore, I find that notice 
and public procedure under 5 U.S.C. 553(b) are unnecessary. Section 
73.41 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. 
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

    This action is a minor administrative change to amend the 
designated using agency of existing restricted areas. 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.

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. 73.41  [Amended]

    2. Sec. 73.41 is amended as follows:
* * * * *

R-4105A  No Man's Land Island, MA [Amended]

    By removing ``Using agency. U.S. Navy, Commanding Officer, NAS 
South Weymouth, MA'' and adding ``Using agency. ANG, 104th Fighter 
Wing, Barnes Municipal Airport, Westfield, MA'' in its place.
* * * * *

R-4105B  No Man's Land Island, MA [Amended]

    By removing ``Using agency. U.S. Navy, Commanding Officer, NAS 
South Weymouth, MA'' and adding ``Using agency. ANG, 104th Fighter 
Wing, Barnes Municipal Airport, Westfield, MA'' in its place.
* * * * *

    Issued in Washington, DC, on December 19, 1997.
Nancy B. Kalinowski,
Acting Program Director for Air Traffic Airspace Management.
[FR Doc. 97-33867 Filed 12-29-97; 8:45 am]
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