[Federal Register Volume 64, Number 49 (Monday, March 15, 1999)]
[Rules and Regulations]
[Pages 12743-12744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6224]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Airspace Docket No. 98-AWP-30]
RIN 2120-AA66


Revocation of Restricted Areas R-2531A and R-2531B, Establishment 
of Restricted Area R-2531, and Change of Using Agency, Tracy; CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action eliminates the subdivision within an existing 
restricted area by removing Restricted Areas R-2531A and R-2531B, and 
establishing R-2531, Tracy, CA. This action also changes the using 
agency of this restricted area from the Department of Energy (DOE) San 
Francisco Operations Office to the Oakland Operations office.

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

    The Tracy, CA, test site was established in 1955 and is used 
primarily to formulate, fabricate and test high explosives. The DOE 
conducted a review of R-2531 restricted airspace operations and 
determined that there is no longer a requirement for subdivision of the 
R-2531 restricted area. Current outdoor testing can conceivably throw 
shrapnel to a distance of 4,000 feet in any direction and since the 
ceiling of R-2531A is 3,000 feet Mean Sea Level it no longer supports 
the DOE testing. The DOE requested the FAA combine the R-2531A & B into 
a single restricted area to be consistent with the Lawrence Livermore 
National Laboratory current operational requirements. A review of 
utilization data indicates both R-2531A and R-2531B are currently used 
simultaneously and removing the subdivision would not impact the public 
or airspace users.

The Rule

    This amendment to 14 CFR part 73 revokes R-2531A, R-2531B, 
establishes R-2531, and changes the using agency from the DOE San 
Francisco office to the DOE Oakland Operations office. There are no 
changes to the boundaries, altitudes, time of designation or activities 
conducted within the restricted area. This action eliminates the 
subdivision within an existing restricted area. 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 regulation only involves an 
established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
Therefore, this action: (1) is not a ``significant regulatory action'' 
under Executive Order 12866; (2) is not a ``significant rule'' under 
DOT

[[Page 12744]]

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 revoke the 
subdivision of an existing Restricted Area. 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,'' this action is 
categorically excluded.

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. 73.25  [Amended]

    2. Section 73.25 is amended as follows:
* * * * *

R-2531  Tracy, CA [New]

    Boundaries. Beginning at lat. 37 deg.40'34'' N., long. 
121 deg.33'46'' W.; to lat. 37 deg.40'45'' N., long. 121 deg.31'33'' 
W.; to lat. 37 deg.39'28'' N., long. 121 deg.30'32'' W.; to lat. 
37 deg.38'50'' N., long. 121 deg.31'09'' W.; to lat. 37 deg.39'03'' 
N., long. 121 deg.34'07'' W.; thence to the point of beginning.
    Designated altitudes. Surface to but not including 4,000 feet 
MSL.
    Time of designation. 1000 to 2050 local time, Monday-Friday and 
occasionally on Saturday and Sunday when activated by NOTAM at least 
24 hours in advance.
    Controlling agency. FAA, Oakland ARTCC.
    Using agency. Department of Energy, Oakland Operations Office, 
CA.

R-2531A  Tracy, CA [Removed]

R-2531B  Tracy, CA [Removed

* * * * *
    Issued in Washington, DC, on March 8, 1999.
Reginald C. Matthews,
Acting Program Director for Air Traffic Airspace Management.
[FR Doc. 99-6224 Filed 3-12-99; 8:45 am]
BILLING CODE 4910-13-P