[Federal Register Volume 63, Number 194 (Wednesday, October 7, 1998)]
[Rules and Regulations]
[Page 53804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26892]



[[Page 53804]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Airspace Docket No. 98-ASO-13]
RIN 2120-AA66


Amendment of Restricted Area R-5313C, Long Shoal Point, NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action corrects an error in the legal description of 
Restricted Area R-5313C. A database review by the National Imagery and 
Mapping Agency identified one point in the description for R-5313C that 
did not reflect the required conversion to North American Datum of 1983 
(NAD 83).

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

    On May 5, 1990, the FAA designated four restricted areas (R-5313A, 
R-5313B, R-5313C, and R-5313D) to provide special use airspace over a 
sunken ship used for target practice in the Pamlico Sound, North 
Carolina, area (55 FR 11897). Several of the boundaries used to 
describe R-5313C and R-5313D were based on an arc that extended from 
the center point of Restricted Area R-5313A. This center point (lat. 
35 deg.32'48'' N., long. 75 deg.41'26'' W) was published in the legal 
description of all three restricted areas. At the time these areas were 
established, the coordinates used for airspace descriptions were 
calculated in reference to the North American Datum of 1927 (NAD 27). 
Subsequently, in accordance with Public Law 101-508, the FAA was 
required, by Congress, to convert all geodetic coordinate information 
used in the National Airspace System to the NAD 83. The NAD has been 
adopted as the official horizontal coordinate system of the United 
States. The conversion to the more precise NAD 83 caused the 
coordinates used for the restricted areas to change by one second. The 
NAD 83 correction was applied to all points in the descriptions for R-
5313A and R-5313D. However, the correction was inadvertently not 
applied to the description for R-5313C when the revision to FAA Order 
7400.8 (a compilation of special use airspace legal descriptions) was 
published. The current legal description for R-5313C therefore contains 
one coordinate based on NAD 27. This action corrects that error. The 
position of the restricted areas on aeronautical charts did not change 
by the conversion to NAD 83. The NAD 83 conversion caused a slight 
shift of the grid used to measure latitude and longitude on 
aeronautical charts. However, the actual position of the restricted 
areas themselves, did not change.

The Rule

    This amendment to 14 CFR part 73 (part 73) corrects the legal 
description for Restricted Area R-5313C by changing the coordinates 
from ``lat. 35 deg.32'48'' N., long. 75 deg.41'26'' W.'' to ``lat. 
35 deg.32'49'' N., long. 75 deg.41'25'' W.'' This change converts the 
point to the required NAD 83 reference, and brings it into agreement 
with the published legal descriptions of R-5313A and R-5313D in FAA 
Order 7400.8. This administrative correction will not alter usage or 
charted location of Restricted Area R-5313C; therefore, I find that 
notice and public procedures under 5 U.S.C. 553(b) are unnecessary.
    Section 73.53 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 correct an error in 
one coordinate used to describe the boundaries of R-5313C. 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. 73.53  [Amended]

    2. Sec. 73.53 is amended as follows:
* * * * *
R-5313C Long Shoal Point, NC [Amended]

    By removing from the Boundaries the point ``lat. 35 deg.32'48'' 
N., long. 75 deg.41'26'' W.'' and adding the point ``lat. 
35 deg.32'49'' N., long. 75 deg.41'25'' W.''
* * * * *
    Issued in Washington, DC, on September 30, 1998.
Reginald C. Matthews,
Acting Program Director for Air Traffic Airspace Management.
[FR Doc. 98-26892 Filed 10-6-98; 8:45 am]
BILLING CODE 4910-13-P