[Federal Register Volume 79, Number 200 (Thursday, October 16, 2014)]
[Rules and Regulations]
[Page 61989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24619]



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  Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / 
Rules and Regulations  

[[Page 61989]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2014-0760; Airspace Docket No. 14-ANE-8]
RIN 2120-AA66


Revocation of Restricted Areas R-4105A and R-4105B; No Man's Land 
Island, MA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action removes restricted areas R-4105A and R-4105B, No 
Man's Land Island, MA. The Air National Guard and U.S. Air Force 
informed the FAA that they no longer have a requirement for these 
areas. Management of the land has been transferred to the U.S. Fish and 
Wildlife Service.

DATES: Effective date: 0901 UTC, November 17, 2014.

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

SUPPLEMENTARY INFORMATION: 

Background

    No Man's Land Island, located approximately 3 NM south of Martha's 
Vineyard, MA, has been used by the military as a gunnery and bombing 
range dating back to 1943. It was used for this purpose until 1996. In 
1998, management of the Island was transferred by the military to the 
U.S. Fish and Wildlife Service and the Island was designated a National 
Wildlife Refuge.
    Since restricted areas R-4105A and R-4105B, that overlie the 
Island, are no longer utilized, the Air National Guard reviewed its 
future plans and requirements and determined that no requirement 
remains for the airspace.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 73 by removing restricted areas R-4105A and R-4105B, No Man's Land 
Island, MA. The Air National Guard and the U.S. Air Force notified the 
FAA that they no longer require these restricted areas and requested 
that the airspace be returned to the National Airspace System.
    Because this action removes restricted airspace that is no longer 
needed for military purposes and returns the airspace to the National 
Airspace System, I find that notice and public procedure under 5 U.S.C. 
553(b) is 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 only affects air traffic procedures and air navigation, it is 
certified that this rule, when promulgated, does not have a significant 
economic impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the 
FAA is charged with prescribing regulations to assign the use of the 
airspace necessary to ensure the safety of aircraft and the efficient 
use of airspace. This regulation is within the scope of that authority 
as it returns restricted airspace that is no longer needed by the 
military to the National Airspace System.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1E, Environmental Impacts: Policies and Procedures, 
paragraph 311c. This action returns restricted airspace to the National 
Airspace System. It 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, 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.  73.41  [Amended]

0
2. Section 73.41 is amended as follows:
* * * * *
0
1. R-4105A No Man's Land Island, MA [Removed]
0
2. R-4105B No Man's Land Island, MA [Removed]

    Issued in Washington, DC, on October 8, 2014.
Gary A. Norek,
Manager, Airspace Policy and Regulations Group.
[FR Doc. 2014-24619 Filed 10-15-14; 8:45 am]
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