[Federal Register Volume 67, Number 216 (Thursday, November 7, 2002)]
[Rules and Regulations]
[Pages 67787-67788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28364]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2002-13624; Airspace Docket No. 02-AEA-17]
RIN 2120-AA66


Revocation of Restricted Area R-5207, Romulus, NY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action removes Restricted Area R-5207 (R-5207), Romulus, 
NY. The FAA is taking this action in response to the Department of the 
Army's notification that the military no longer has an operational need 
for the restricted area.

EFFECTIVE DATE: 0901 UTC, January 23, 2003.

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.

[[Page 67788]]


SUPPLEMENTARY INFORMATION:

Background

    The Department of the Army's position on special use airspace is 
that it will efficiently utilize only that airspace necessary to 
accomplish its mission. In keeping with that policy, since the Army has 
closed the Seneca Army Depot there is no longer a requirement for R-
5207 and the Army has requested that the FAA take action to remove the 
restricted area.

The Rule

    This action amends 14 CFR part 73 by removing R-5207, Romulus, NY. 
The FAA is taking this action at the request of the Department of the 
Army. This action returns this airspace for public use.
    Since this action only involves removal of restricted airspace, the 
solicitation of comments would only delay the return of airspace to 
public use without offering any meaningful right or benefit to any 
segment of the public. Therefore, I find that notice and public 
procedures 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 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.
    Section 73.52 of 14 CFR part 73 was republished in FAA Order 
7400.8K, dated September 26, 2002.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1D, Policies and Procedures for Considering 
Environmental Impacts,'' and the National Environmental Policy Act of 
1969. This airspace action is not expected to cause any potentially 
significant environmental impacts, and no extraordinary circumstances 
exist that warrant preparation of an environmental assessment.

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.  73.52  [Amended]

    2. Sec.  73.52 is amended as follows:
* * * * *

R-5207 Romulus, NY [Removed]

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    Issued in Washington, DC, on October 31, 2002.
Reginald C. Matthews,
Manager, Airspace and Rules Division.
[FR Doc. 02-28364 Filed 11-6-02; 8:45 am]
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