[Federal Register Volume 90, Number 134 (Wednesday, July 16, 2025)]
[Rules and Regulations]
[Pages 31854-31855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-13282]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA-2025-1714; Airspace Docket No. 25-ASO-8]
RIN 2120-AA66
Renaming of Restricted Areas R-5311A, R-5311B, and R-5311C; Fort
Liberty, NC
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action is an administrative change to rename restricted
areas R-5311A, R-5311B, and R-5311C, Fort Liberty, NC, and to update
the using agency description to reflect the change. This action does
not alter airspace boundaries or impose additional operating
requirements on users of the affected airspace.
DATES: Effective date 0901 UTC, October 2, 2025.
ADDRESSES: A copy of this final rule and all background material may be
viewed online at www.regulations.gov using the FAA Docket number.
Electronic retrieval help and guidelines are available on the website.
It is available 24 hours each day, 365 days each year.
FOR FURTHER INFORMATION CONTACT: Brian Vidis, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 600
Independence Avenue SW, Washington, DC 20597; 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 updates the information in the airspace descriptions of
restricted areas R-5311A, R-5311B, and R-5311C.
History
On February 10, 2025, the Secretary of Defense directed the U.S.
Army to change the name of ``Fort Liberty, NC'' by reverting to its
previous name, ``Fort Bragg, NC.'' \1\ Consequently, this rulemaking
action implements the requisite changes to part 73 by updating the
airspace descriptions of restricted areas R-5311A, R-5311B, and R-5311C
to reflect the new name.
---------------------------------------------------------------------------
\1\ See https://www.defense.gov/News/Releases/Release/Article/4062245/secretary-of-defense-pete-hegseth-renames-fort-liberty-to-fort-bragg/.
---------------------------------------------------------------------------
The Rule
This action amends 14 CFR part 73 by updating the airspace titles
and using agency descriptions for restricted areas R-5311A, R-5311B,
and R-5311C by removing the name ``Fort Liberty, NC'' and replacing it
with ``Fort Bragg, NC.''
Additionally, the FAA makes a minor technical amendment to a
geographic coordinate in the description of restricted area R-5311A.
This amendment to the geographic coordinate corrects a typographical
error in the description of restricted area R-5311A and does not change
the boundary of the restricted area. The point listed as ``lat.
[deg]79[deg]02'29'' W'' is changed to ``lat. 35[deg]07'01'' N, long.
79[deg]02'29'' W'' as intended.
Good Cause for Bypassing Notice and Comment
Under 5 U.S.C. 553, federal agencies engaged in informal rulemaking
must provide the public with a notice of proposed rulemaking and an
opportunity for public participation. However, 5 U.S.C. 553(b)(B)
exempts a rule from these requirements ``when the agency for good cause
finds (and incorporates the finding and a brief statement of reasons
therefor in the rules issued) that notice and public procedure thereon
are impracticable, unnecessary, or contrary to the public interest.''
Courts have construed these exceptions narrowly, but have nonetheless
accepted determinations of good cause that notice and comment is
unnecessary in ``those situations in which the administrative rule is a
routine determination, insignificant in nature and impact, and
inconsequential to the industry and to the public.'' See
[[Page 31855]]
Mack Trucks, Inc. v. EPA, 682 F.3d 87, 94 (D.C. Cir. 2012). This action
consists of administrative name changes and minor technical amendments
only. It does not affect the boundaries, altitudes, time of
designation, operating requirements, or activities conducted in the
restricted areas. Therefore, FAA has determined that good cause exists
for why 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 making administrative
name changes to the geographic location and using agency information of
restricted areas R-5311A, R-5311B, and R-5311C qualifies for
categorical exclusion under the National Environmental Policy Act (42
U.S.C. 4321, et seq.) and in accordance with FAA Order 1050.1G, FAA
National Environmental Policy Act Implementing Procedures, paragraph B-
2.5(a), 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 B-2.5(d)--
Modification of the technical description of special use airspace (SUA)
that does not alter the dimensions, altitudes, or times of designation
of the airspace (such as changes in designation of the controlling or
using agency, or correction of typographical errors). In accordance
with FAA's NEPA implementation procedures 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.
Accordingly, the FAA has determined that no extraordinary circumstances
exist that warrant preparation of an environmental assessment or
environmental impact statement.
List of Subjects in 14 CFR Part 73
Airspace, Prohibited areas, Restricted areas.
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 14 CFR 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. 73.53 North Carolina (NC) [Amended]
0
2. Section 73.53 is amended as follows:
* * * * *
R-5311A Fort Liberty, NC [Removed]
R-5311B Fort Liberty, NC [Removed]
R-5311C Fort Liberty, NC [Removed]
R-5311A Fort Bragg, NC [New]
Boundaries. Beginning at lat. 35[deg]10'40'' N, long.
79[deg]01'56'' W; to lat. 35[deg]08'48'' N, long. 79[deg]01'59'' W; to
lat. 35[deg]07'01'' N, long. 79[deg]02'29'' W; to lat. 35[deg]05'36''
N, long. 79[deg]01'49'' W; to lat. 35[deg]02'56'' N, long.
79[deg]05'39'' W; to lat. 35[deg]02'46'' N, long. 79[deg]20'09'' W; to
lat. 35[deg]07'06'' N, long. 79[deg]22'49'' W; to lat. 35[deg]09'43''
N, long. 79[deg]20'07'' W; thence along Little River to the point of
beginning.
Designated altitudes. Surface to but not including 7,000 feet MSL.
Time of designation. Continuous.
Controlling agency. FAA, Washington ARTCC.
Using agency. U.S. Army, Commanding General, Fort Bragg, NC.
R-5311B Fort Bragg, NC [New]
Boundaries. Beginning at lat. 35[deg]10'40'' N, long.
79[deg]01'56'' W; to lat. 35[deg]08'48'' N, long. 79[deg]01'59'' W; to
lat. 35[deg]07'01'' N, long. 79[deg]02'29'' W; to lat. 35[deg]05'36''
N, long. 79[deg]01'49'' W; to lat. 35[deg]02'56'' N, long.
79[deg]05'39'' W; to lat. 35[deg]02'46'' N, long. 79[deg]20'09'' W; to
lat. 35[deg]07'06'' N, long. 79[deg]22'49''W; to lat. 35[deg]09'43'' N,
long. 79[deg]20'07'' W; thence along Little River to the point of
beginning.
Designated altitudes. From 7,000 feet MSL to but not including
12,000 feet MSL.
Time of designation. Continuous.
Controlling agency. FAA, Washington ARTCC.
Using agency. U.S. Army, Commanding General, Fort Bragg, NC.
R-5311C Fort Bragg, NC [New]
Boundaries. Beginning at lat. 35[deg]10'40'' N, long.
79[deg]01'56'' W; to lat. 35[deg]08'48'' N, long. 79[deg]01'59'' W; to
lat. 35[deg]07'01'' N, long. 79[deg]02'29'' W; to lat. 35[deg]05'36''
N, long. 79[deg]01'49'' W; to lat. 35[deg]02'56'' N, long.
79[deg]05'39'' W; to lat. 35[deg]02'46'' N, long. 79[deg]20'09'' W; to
lat. 35[deg]07'06'' N, long. 79[deg]22'49'' W; to lat. 35[deg]09'43''
N, long. 79[deg]20'07'' W; thence along Little River to the point of
beginning.
Designated altitudes. From 12,000 feet MSL to but not including FL
290.
Time of designation. Continuous.
Controlling agency. FAA Washington ARTCC.
Using agency. U.S. Army, Commanding General, Fort Bragg, NC.
* * * * *
Issued in Washington, DC, on July 11, 2025.
Brian Eric Konie,
Manager (A), Rules and Regulations Group.
[FR Doc. 2025-13282 Filed 7-15-25; 8:45 am]
BILLING CODE 4910-13-P