[Federal Register Volume 85, Number 194 (Tuesday, October 6, 2020)]
[Rules and Regulations]
[Page 63007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20607]



[[Page 63007]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2020-0613; Airspace Docket No. 20-AWP-34]
RIN 2120-AA66


Revocation of Restricted Area R-4811; Hawthorne, NV

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action removes restricted area R-4811 at Hawthorne, NV. 
This restricted area was established for the purpose of ordinance 
disposal. The United States Department of the Army has informed the FAA 
it no longer has a requirement for this area; therefore, the airspace 
is being returned to the National Airspace System (NAS).

DATES: Effective date 0901 UTC, December 31, 2020.

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

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    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 area R-4811 Hawthorne, NV, as it is no longer 
needed for its designated purpose within the NAS.

The Rule

    This action amends 14 Code of Federal Regulations (CFR) part 73 by 
revoking restricted area R-4811, Hawthorne, NV. The Army no longer has 
a use for the restricted area, which was originally established R-4811 
for the purpose of ordinance disposal. The history of the restricted 
area shows the airspace was activated an average of 179 days per year, 
but has not been utilized since 2017. Therefore, the FAA has determined 
that a valid requirement for the airspace no longer exists and the 
restricted area is being returned to the NAS.
    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; 
therefore, notice and public procedure under 5 U.S.C. 553(b) are 
unnecessary.

Regulatory Notices and Analyses

    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. 
It, therefore: (1) Is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under 
Department of Transportation (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.

Environmental Review

    The FAA has determined that this action of revoking of R-4811, 
Hawthorne, NV, qualifies for categorical exclusion under the National 
Environmental Policy Act and its implementing regulations at 40 CFR 
part 1500, and in accordance with FAA Order 1050.1F, Environmental 
Impacts: Policies and Procedures, paragraph 5-6.5.c, ``Actions to 
return all or part of special use airspace (SUA) to the National 
Airspace System (NAS), such as revocation of airspace, a decrease in 
dimensions, or a reduction in times of use (e.g., from continuous to 
intermittent, or use by a Notice to Airmen (NOTAM)):'' This action 
returns restricted airspace to the NAS. Therefore, this airspace action 
is not expected to result in any significant environmental impacts. In 
accordance with FAA Order 1050.1F, paragraph 5-2 regarding 
Extraordinary Circumstances, this action has been reviewed for factors 
and circumstances in which a normally categorically excluded action may 
have a significant environmental impact requiring further analysis, and 
it is determined that 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(f), 106(g); 40103, 40113, 40120; E.O. 
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.


Sec.  73.48  Nevada [Amended]

0
2. Section 73.48 is amended as follows:
* * * * *

R-4811 Hawthorne, NV [Removed]

    Issued in Washington, DC, on September 14, 2020.
Scott M. Rosenbloom,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2020-20607 Filed 10-5-20; 8:45 am]
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