[Federal Register Volume 69, Number 68 (Thursday, April 8, 2004)]
[Rules and Regulations]
[Pages 18471-18472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7959]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2004-17177; Airspace Docket No. 04-ASO-4]
RIN 2120-AA66


Revocation of Restricted Area 2938, Horseshoe Beach; FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revokes Restricted Area 2938 (R-2938), Horseshoe 
Beach, FL. The FAA is taking this action at the request of the U.S. Air 
Force (USAF), which no longer requires the airspace. This action 
returns the formerly restricted airspace to the National Airspace 
System.

EFFECTIVE DATE: 0901 UTC, June 10, 2004.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace and Rules, 
Office of System Operations and Safety, ATO-R, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591; 
telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION: 

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 73 (part 73) by revoking R-2938, Horseshoe Beach, FL. The FAA is 
taking this action at the request of the USAF, which no longer requires 
the airspace.
    Since this action reduces 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, 
notice and public procedure under 5 U.S.C. 553(b) are unnecessary.
    Section 73.29 of part 73 of Title 14 Code of Federal Regulations 
was republished in FAA Order 7400.8L, dated October 7, 2003.
    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.

[[Page 18472]]

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. 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

0
In consideration of the foregoing, the Federal Aviation Administration 
amends 14 CFR part 73 as follows:

PART 73--SPECIAL USE AIRSPACE

0
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.  73.29  [Amended]

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2. Section 73.29 is amended as follows:
* * * * *

R-2938 Horseshoe Beach, FL (Revoked)

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    Issued in Washington, DC, on April 1, 2004.
Reginald C. Matthews,
Manager, Airspace and Rules.
[FR Doc. 04-7959 Filed 4-7-04; 8:45 am]
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