[Federal Register Volume 90, Number 162 (Monday, August 25, 2025)]
[Proposed Rules]
[Pages 41353-41355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-16236]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA-2025-2318; Airspace Docket No. 25-ASW-2]
RIN 2120-AA66
Establishment of Restricted Areas R-6319A&B in the Vicinity of
South Padre Island, TX
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This action proposes to establish restricted areas R-6319 (A
and B) in the vicinity of South Padre Island, TX. The new restricted
areas would provide U.S. Customs and Border Protection (CBP) with the
ability to deploy a tethered aerostat in support of homeland security
and national defense.
DATES: Comments must be received on or before October 9, 2025.
ADDRESSES: Send comments identified by FAA Docket No. FAA-2025-2318 and
Airspace Docket No. 25-ASW-2 using any of the following methods:
* Federal eRulemaking Portal: Go to www.regulations.gov and follow
the online instructions for sending your comments electronically.
* Mail: Send comments to Docket Operations, M-30; U.S. Department
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West
Building Ground Floor, Washington, DC 20590-0001.
* Hand Delivery or Courier: Take comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
* Fax: Fax comments to Docket Operations at (202) 493-2251.
Docket: Background documents or comments received may be read at
www.regulations.gov at any time. Follow the online instructions for
accessing the docket or go to the Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Steven Roff, 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 would establish restricted area airspace in the
vicinity of South Padre Island, TX.
Comments Invited
The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal. The most
helpful comments reference a specific portion of the proposal, explain
the reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should submit only one time if comments are filed electronically, or
commenters should send only one copy of written comments if comments
are filed in writing.
The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning
[[Page 41354]]
this proposed rulemaking. Before acting on this proposal, the FAA will
consider all comments it receives on or before the closing date for
comments. The FAA will consider comments filed after the comment period
has closed if it is possible to do so without incurring expense or
delay. The FAA may change this proposal in light of the comments it
receives.
Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
Availability of Rulemaking Documents
An electronic copy of this document may be downloaded through the
internet at www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at
www.faa.gov/air_traffic/publications/airspace_amendments/.
You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Operations office (see ADDRESSES section for address, phone number, and
hours of operations). An informal docket may also be examined during
normal business hours at the office of the Operations Support Group,
Central Service Center, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177.
Background
The United States (U.S.) Customs and Border Protection (CBP)
submitted a proposal to the FAA to establish two new restricted areas,
R-6319 (A and B), in the vicinity of South Padre Island, TX, in support
of homeland security and national defense. CBP has a primary
responsibility to detect, interdict, and prevent acts of terrorism and
the unlawful movement of people, illicit drugs, and other contraband
across the borders of the U.S. in the air and maritime environments.
The agency currently operates aerostats in five restricted areas in
the Central Service Area. They provide day/night, all-weather
persistent surveillance moored by a tether which is difficult to see
and is a hazard to aircraft. Geographical attributes of the South Padre
Island area and availability of a secured U.S. Coast Guard station make
this location best suited to meet the CBP mission.
The airspace is designed in an upside-down wedding cake
configuration. The mooring point would be contained inside R-6319A, a
400-foot radius circle from the surface to 300 feet Above Ground Level
(AGL). Above R-6319A would be R-6319B, a 1 nautical mile radius circle
from above 300 feet AGL to 6,000 feet Mean Sea Level (MSL). The size
and shape of the restricted areas would contain the balloon and tether
hazards at maximum wind limits. Time of designation would be continuous
with actual usage varying based on weather, maintenance and equipment
availability. The airspace would be designated for joint use with
release to the controlling agency, Corpus Christi Terminal Radar
Approach Control (TRACON), on a case-by-case basis with prior approval.
The Proposal
The FAA is proposing an amendment to 14 CFR part 73 to establish
restricted areas R-6319 (A and B) in the vicinity of South Padre
Island, TX. The new restricted areas would provide U.S. CBP with the
ability to deploy a tethered aerostat in support of homeland security
and national defense. The proposed restricted areas are described
below.
R-6319A: The proposed restricted area would extend upward from the
surface of the ground to 300 feet AGL. The restricted area would be
located over South Padre Island, centered at lat. 26[deg]04'19'' N,
long. 097[deg]09'49'' W with a radius of 400 feet. The area would be
designated as continuous. During periods when the restricted area
airspace is not needed by the using agency for its designated purpose,
the airspace will be returned to the controlling agency for access by
other National Airspace System (NAS) users. The controlling agency for
this proposed restricted area would be Corpus Christi TRACON.
R-6319B: The proposed restricted area would extend upward from
above 300 feet AGL to 6,000 feet MSL. The restricted area would be
located over South Padre Island, centered at lat. 26[deg]04'19'' N,
long. 097[deg]09'49'' W, with a radius of one nautical mile. The area
would be designated as continuous. During periods when the restricted
area airspace is not needed by the using agency for its designated
purpose, the airspace will be returned to the controlling agency for
access by other NAS users. The controlling agency for this proposed
restricted area would be Corpus Christi TRACON.
Regulatory Notices and Analyses
The FAA has determined that this proposed 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 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 proposed 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
This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1G, ``FAA National Environmental Policy
Act Implementing Procedures'' prior to any FAA final regulatory action.
List of Subjects in 14 CFR Part 73
Airspace, Prohibited areas, Restricted areas.
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 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. 73.63 Texas (TX) [New]
0
2. Section 73.63 is amended as follows:
R-6319A South Padre Island, TX [New]
Boundaries. A circular area with a 400-foot radius centered at
lat. 26[deg]04'19'' N, long. 097[deg]09'49'' W.
Designated altitudes. Surface to 300 feet AGL.
Time of designation. Continuous.
Controlling agency. FAA, Corpus Christi TRACON.
Using agency. U.S. Customs and Border Protection Air & Marine
Operations Center, Riverside, CA.
R-6319B South Padre Island, TX [New]
Boundaries. 1 nautical mile radius centered at lat.
26[deg]04'19'' N, long. 097[deg]09'49'' W.
Designated altitudes. Above 300 feet AGL to 6,000 feet MSL.
Time of designation. Continuous.
[[Page 41355]]
Controlling agency. FAA, Corpus Christi TRACON.
Using agency. U.S. Customs and Border Protection Air & Marine
Operations Center, Riverside, CA.
* * * * *
Issued in Washington, DC, on August 21, 2025.
Brian Konie,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2025-16236 Filed 8-22-25; 8:45 am]
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