[Federal Register Volume 87, Number 183 (Thursday, September 22, 2022)]
[Rules and Regulations]
[Pages 57817-57818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20577]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA-2022-1116; Airspace Docket No. 22-ANE-5]
RIN 2120-AA66
Modification of Restricted Areas R-6501A and R-6501B; Underhill,
VT
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action modifies restricted areas R-6501A and R-6501B,
Underhill, VT, by amending the upper altitude limit of R-6501A and the
lower altitude limit of R-6501B. Certain military activities near
Underhill, VT, require restricted airspace that exceeds the current
4,000-foot mean sea level (MSL) upper altitude limit of R-6501A. As a
result, R-6501B must be activated, along with R-6501A, to ensure
containment of the hazardous activity. Raising the upper altitude limit
of R-6501A from 4,000 feet MSL to but not including 4,900 feet MSL and
the lower altitude limit of R-6501B from 4,000 feet MSL to 4,900 feet
MSL, will result in more efficient use of airspace by reducing the need
to activate R-6501B. This modification is fully contained within the
existing lateral and vertical limits of R-6501A and B. The activities
conducted in these restricted airspace areas are unchanged.
DATES: Effective date 0901 UTC, December 29, 2022.
FOR FURTHER INFORMATION CONTACT: Paul Gallant, 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 since it adjusts the upper altitude limit of R-6501A, and the
lower altitude limit of R-6501B, to enable more efficient use of
airspace.
Background
Restricted area R-6501A, Underhill, VT, extends from the surface to
4,000 feet MSL. The time of designation for the area is: ``From 0700 to
2300 local time, Monday-Friday; 0000 Saturday to 2359 Sunday; and other
times by NOTAM issued 24 hours in advance.''
Restricted area R-6501B directly overlies R-6501A and shares the
same lateral boundaries. R-6501B extends from 4,000 feet MSL to 13,600
feet MSL. The time of designation is: ``Intermittent by NOTAM 24 hours
in advance.''
Currently, the altitude that separates the two areas is 4,000 feet
MSL. The issue is that the 4,000 feet MSL ceiling of R-6501A is not
sufficient to safely contain most activities being conducted. This
requires that R-6501B also be activated along with R-6501A. However,
the activation of R-6501B restricts the airspace all the way up to
13,600 feet MSL, even though the majority of R-6501B is not needed for
certain operations. Raising the upper altitude limit of R-6501A from
4,000 feet MSL to ``to but not including 4,900 feet MSL''; and the
lower altitude limit of R-6501B from 4,000 feet MSL to ``4,900 feet
MSL'' will eliminate the need to frequently activate R-6501B. This will
make more airspace available for Air Traffic Control (ATC) and general
aviation use.
To provide for more efficient use of airspace, the FAA and the
using agency agreed to change the altitude that separates R-6501A and
R-6501B from 4,000 feet MSL to 4,900 feet MSL. The new configuration
enables activation of less restricted airspace to ensure containment of
the majority of the using agency's training needs while maintaining the
ability to activate additional restricted airspace for missions that
require higher altitudes.
These changes will accommodate the using agency's requirements
while releasing unneeded restricted airspace for access by other
airspace users. With regard to the existing R-6501A and B, which abut,
the lateral boundaries of the restricted airspace areas, the lowest and
uppermost vertical limits of the airspace areas, and the activities
conducted within the airspace are unchanged.
The Rule
This action amends 14 CFR part 73 by changing the upper altitude
limit of R-6501A and lower altitude limit of R-6501B to adjust the
internal altitude that separates them and minimizes the need to
activate R-6501B. The time of
[[Page 57818]]
designation for R-6501A and R-6501B remains the same as currently
designated. The activities conducted within the restricted areas are
unchanged.
This change enhances the efficient use of the National Airspace
System by providing for activation of the minimum amount of restricted
airspace needed for the specific mission being conducted, thereby
releasing unneeded restricted airspace for access by other users. This
reduces the burden on the flying public. Further, the modification does
not change the current lateral boundaries, overall lowest and highest
designated altitude limits, time of designation, or activities
conducted within the restricted areas. Therefore, I find that notice
and public procedure under 5 U.S.C. 553(b) are unnecessary.
Regulatory Notices and Analyses
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.
It, therefore: (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.
Environmental Review
This action of modifying restricted areas R-6501A and R-6501B, by
amending the internal altitude limits that separate them, qualifies for
categorical exclusion under the National Environmental Policy Act (42
U.S.C. 4321 et seq.) and its implementing regulations at 40 CFR part
1500, and in accordance with FAA Order 1050.1F, Environmental Impacts:
Policies and Procedures, paragraph 5-6.5a, which categorically excludes
from further environmental impact review rulemaking actions that
designate or modify classes of airspace areas, airways, routes, and
reporting points (see 14 CFR part 71, Designation of Class A, B, C, D,
and E Airspace Areas; Air Traffic Service Routes; and Reporting
Points), and paragraph 5-6.5f, which categorically excludes from
further environmental impact review, actions that increase the altitude
of special use airspace. As such, this action is not expected to result
in any potentially significant environmental impacts. In accordance
with FAA Order 1050.1F, paragraph 5-2 regarding Extraordinary
Circumstances, the FAA has reviewed this action for factors and
circumstances in which a normally categorically excluded action may
have a significant environmental impact requiring further analysis. The
FAA has determined that no extraordinary circumstances exist that
warrant preparation of an environmental assessment or environmental
impact study.
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. 51 [Amended]
0
2. Sec. 73.65 is amended as follows:
* * * * *
R-6501A Underhill, VT [Amended]
By removing the current designated altitudes and substituting the
following:
Designated altitudes. Surface to but not including 4,900 feet MSL.
R-6501B Underhill, VT [Amended]
By removing the current designated altitudes and substituting the
following:
Designated altitudes. 4,900 feet MSL to 13,600 feet MSL.
* * * * *
Issued in Washington, DC, on September 19, 2022.
Eric S. Jennings,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-20577 Filed 9-21-22; 8:45 am]
BILLING CODE 4910-13-P