[Federal Register Volume 76, Number 200 (Monday, October 17, 2011)]
[Rules and Regulations]
[Pages 64003-64005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26785]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2011-1017; Airspace Docket No. 11-ASO-30]
RIN 2120-AA66


Amendment of Time of Designation for Restricted Areas R-5314A, B, 
C, D, E, F, H, and J; Dare County, NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the time of designation for restricted 
areas R-5314A, B, C, D, E, F, H, and J in Dare

[[Page 64004]]

County, NC, by removing the specific published times on Saturday and 
Sunday. This change reflects current utilization of the restricted 
areas and provides increased public access to the area on weekends.

DATES: Effective date 0901 UTC, December 15, 2011.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace, Regulations 
and ATC Procedures Group, AJV-11, Office of Airspace Services, Federal 
Aviation Administration, 800 Independence Avenue, SW., Washington, DC 
20591; telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION:

Background

    The U.S. Air Force requested the FAA to amend the time of 
designation for the Dare County Range restricted areas by removing the 
specific published times on Saturday and Sunday. Military use of the 
restricted areas on Saturday and Sunday would still be available 
through issuance of a NOTAM six hours in advance. The change reflects 
current utilization of the restricted areas and increases the 
availability of the airspace to the public on weekends.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 73 by reducing the published time of designation of restricted 
areas R-5314A, B, C, D, E, F, H, and J, Dare County, NC, by removing 
the words ``0700-1800 local time Saturday-Sunday.'' The restricted 
areas would continue to be available for weekend use by NOTAM issued 
six hours in advance.
    This change reduces the time of designation for the restricted 
areas thereby increasing public access to the airspace. Because the 
amendment does not affect the boundaries, designated altitudes, or 
activities conducted within the restricted area and lessens the burden 
on the public, notice and public procedures under 5 U.S.C. 553(b) are 
unnecessary.
    The FAA has determined that this action 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, 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 311c., FAA Order 1050.1E, Environmental Impacts: Policies and 
Procedures. This airspace action is an administrative change to the 
descriptions of the affected restricted areas to reduce the time of 
designation. It does not alter the dimensions, altitudes, or activities 
conducted within the airspace; therefore, it is not expected to cause 
any potentially significant environmental impacts, and no extraordinary 
circumstances exists that warrant preparation of an environmental 
assessment.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

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

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.  73.53  [Amended]

0
2. Section 73.53 is amended as follows:
0
1. R-5314A Dare County, NC [Amended].
    By removing the words ``Time of designation. 0600-2400 local time, 
Monday-Friday; 0700-1800 local time Saturday-Sunday; other times by 
NOTAM 6 hours in advance,'' and inserting the words ``Time of 
designation. 0600-2400 local time, Monday-Friday; other times by NOTAM 
6 hours in advance.''
0
2. R-5314B Dare County, NC [Amended].
    By removing the words ``Time of designation. 0600-2400 local time, 
Monday-Friday; 0700-1800 local time Saturday-Sunday; other times by 
NOTAM 6 hours in advance,'' and inserting the words ``Time of 
designation. 0600-2400 local time, Monday-Friday; other times by NOTAM 
6 hours in advance.''
0
3. R-5314C Dare County, NC [Amended].
    By removing the words ``Time of designation. 0600-2400 local time, 
Monday-Friday; 0700-1800 local time Saturday-Sunday; other times by 
NOTAM 6 hours in advance,'' and inserting the words ``Time of 
designation. 0600-2400 local time, Monday-Friday; other times by NOTAM 
6 hours in advance.''
0
4. R-5314D Dare County, NC [Amended].
    By removing the words ``Time of designation. 0600-2400 local time, 
Monday-Friday; 0700-1800 local time Saturday-Sunday; other times by 
NOTAM 6 hours in advance,'' and inserting the words ``Time of 
designation. 0600-2400 local time, Monday-Friday; other times by NOTAM 
6 hours in advance.''
0
5. R-5314E Dare County, NC [Amended].
    By removing the words ``Time of designation. 0600-2400 local time, 
Monday-Friday; 0700-1800 local time Saturday-Sunday; other times by 
NOTAM 6 hours in advance,'' and inserting the words ``Time of 
designation. 0600-2400 local time, Monday-Friday; other times by NOTAM 
6 hours in advance.''
0
6. R-5314F Dare County, NC [Amended].
    By removing the words ``Time of designation. 0600-2400 local time, 
Monday-Friday; 0700-1800 local time Saturday-Sunday; other times by 
NOTAM 6 hours in advance,'' and inserting the words ``Time of 
designation. 0600-2400 local time, Monday-Friday; other times by NOTAM 
6 hours in advance.''
0
7. R-5314H Dare County, NC [Amended].
    By removing the words ``Time of designation. 0600-2400 local time, 
Monday-Friday; 0700-1800 local time Saturday-Sunday; other times by 
NOTAM 6 hours in advance,'' and inserting the words ``Time of 
designation. 0600-2400 local time, Monday-Friday; other times by NOTAM 
6 hours in advance.''
0
8. R-5314J Dare County, NC [Amended].
    By removing the words ``Time of designation. 0600-2400 local time, 
Monday-Friday; 0700-1800 local time Saturday-Sunday; other times by 
NOTAM 6 hours in advance,'' and inserting the words ``Time of 
designation. 0600-2400 local time, Monday-Friday; other times by NOTAM 
6 hours in advance.''


[[Page 64005]]


    Issued in Washington, DC, on October 11, 2011.
Gary A. Norek,
Acting Manager, Airspace, Regulations and ATC Procedures Group.
[FR Doc. 2011-26785 Filed 10-14-11; 8:45 am]
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