[Federal Register Volume 69, Number 104 (Friday, May 28, 2004)]
[Rules and Regulations]
[Page 30575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12065]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2004-17612; Airspace Docket No. 04-ASW-03]
RIN 2120-AA66


Modification of Restricted Area 5115, NM; and Restricted Areas 
6316, 6317, and 6318, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the legal description for Restricted Area 
5115 (R-5115), Deming, NM; R-6316, Eagle Pass, TX; R-6317, El Sauz; and 
R-6318, Marfa, TX to reflect a change in the using agency. 
Specifically, this action changes the using agency from the ``United 
States Custom Service'' to the ``Western Air Defense Sector'' in 
response to a request from the United States Air Force (USAF). This 
action makes no other changes to R-5515, R-6316, R-6317, or R-6318.

EFFECTIVE DATE: 0901 UTC, August 5, 2004.

FOR FURTHER INFORMATION CONTACT: Steve Rohring, 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:

History

    On February 20, 2004, the USAF requested that the FAA take action 
to change the using agency of R-5515, R-6316, R-6317, and R-6318 from 
the ``United States Custom Service'' to the ``Western Air Defense 
Sector.'' The FAA is taking this action in response to that request. 
Since this action only changes the using agency for the restricted area 
and does not change the dimensions or operational requirements of that 
airspace, notice and public procedure under 5 U.S.C. 553(b) are 
unnecessary.

The Rule

    This action amends title 14 Code of Federal Regulations (14 CFR) 
part 73 by changing the using agency of R-5515, R-6316, R-6317, and R-
6318 from the ``United States Custom Service'' to the ``Western Air 
Defense Sector.'' This action makes no other changes to R-5515, R-6316, 
R-6317, or R-6318.
    Section 73.51 and 73.63 of part 73 of the Federal Aviation 
Regulations were republished in FAA Order 7400.8L dated October 7, 
2003.
    The FAA has determined that this proposed regulation only involves 
an established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
Therefore, this proposed 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, when promulgated, 
will not have a significant economic impact on a substantial number of 
small entities under the criteria of the Regulatory Flexibility Act.

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).

The 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.

0
2. Sec.  73.51 and 73.63 are amended as follows:


Sec.  73.51 and 73.63  [Amended]

* * * * *

R-5115 Deming, NM [Amended]

0
By removing the words ``Using Agency. United States Customs Service'' 
and inserting the words ``Using Agency. Western Air Defense Sector.''
* * * * *

R-6316 Eagle Pass, TX [Amended]

0
By removing the words ``Using Agency. United States Customs Service'' 
and inserting the words ``Using Agency. Western Air Defense Sector.''
* * * * *

R-6317 El Sauz, TX [Amended]

0
By removing the words ``Using Agency. United States Customs Service'' 
and inserting the words ``Using Agency. Western Air Defense Sector.''
* * * * *

R-6318 Marfa, TX [Amended]

0
By removing the words ``Using Agency. United States Customs Service'' 
and inserting the words ``Using Agency. Western Air Defense Sector.''
* * * * *

    Issued in Washington, DC, on May 21, 2004.
Paul Gallant,
Acting Manager, Airspace and Rules, ATO-R.
[FR Doc. 04-12065 Filed 5-27-04; 8:45 am]
BILLING CODE 4910-13-M