[Federal Register Volume 77, Number 15 (Tuesday, January 24, 2012)]
[Rules and Regulations]
[Pages 3384-3385]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1397]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA-2011-1274; Airspace Docket No. 11-ASO-34]
RIN 2120-AA66
Amendment of Restricted Areas R-3704A and R-3704B; Fort Knox, KY
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; technical amendment.
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SUMMARY: This action makes several editorial corrections to the
descriptions of restricted areas R-3704A and R-3704B, Fort Knox, KY.
DATES: Effective date 0901 UTC, April 5, 2012.
FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace, Regulations
and ATC Procedures Group, Office of Airspace Services, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone: (202) 267-8783.
SUPPLEMENTARY INFORMATION:
Background
A review of the descriptions of restricted areas R-3704A and R-
3704B at Fort Knox, KY identified the need for several editorial
corrections. The description for R-3704A requires the following
corrections. In the ``designated altitudes,'' the existing words ``and
including'' are unnecessary. As stated in 14 CFR 73.3, the word ``to''
(an altitude or flight level) means ``to and including'' (that altitude
or flight level); therefore, the wording of R-3704A is being amended to
read ``Surface to 10,000 feet MSL.'' In addition, the current time of
designation for R-3704A states ``EST'' (for eastern standard time).
This is incorrect since the restricted area is used year-round during
both standard and daylight time periods. Because the State of Kentucky
lies within both the eastern and central time zones, it is appropriate
that the time of designation signify which time zone is being used for
activation of the restricted area. Therefore, the R-3704A time of
designation is being amended by
[[Page 3385]]
removing ``EST'' and replacing it with the words ``eastern time.''
Lastly, the name of the R-3704A using agency is amended to reflect the
correct U.S. Army organization responsible for the airspace.
The description of R-3704B also requires several editorial
corrections. The controlling agency for both R-3704A and R-3708B is
currently listed as ``FAA, Standiford Control Tower, Louisville, KY.''
The altitude dividing line between the two areas is 10,000 feet mean
sea level (MSL). Due to Air Traffic Control facility airspace
delegations, the airspace above 10,000 feet MSL in that area is
assigned to the Indianapolis Air Route Traffic Control Center (ARTCC).
Therefore, the controlling agency for R-3704B is being changed to read
``FAA, Indianapolis ARTCC.'' Further, the designated altitudes for R-
3704B are being changed from ``10,000 feet MSL to 20,000 feet MSL,'' to
``10,001 feet MSL to 20,000 feet MSL.'' This will preclude overlapping
airspace jurisdiction between the two FAA facilities. As described
above for R-3704A, the using agency name for R-3704B is also being
changed to reflect the correct U.S. Army organization responsible for
the airspace.
The Rule
This action amends Title 14 Code of Federal Regulations (14 CFR)
part 73 by making several editorial corrections to the descriptions of
restricted areas R-3704A and R-3704B, Fort Knox, KY. For R-3704A, the
designated altitudes are amended by removing the words ``Surface to and
including 10,000 feet MSL'' and inserting the words ``Surface to 10,000
feet MSL.'' The time of designation is amended by removing the words
``0600 to 2400 EST; other times by NOTAM 24 hours in advance,'' and
inserting the words ``0600 to 2400 eastern time; other times by NOTAM
24 hours in advance''. The using agency is amended by removing the
words ``Commanding General, U.S. Army Armor Center, Fort Knox, KY'' and
inserting the words ``Commanding General, Human Resources Center of
Excellence, Fort Knox, KY.'' The description of R-3704B is amended as
follows. The designated altitudes are amended by removing the words
``10,000 feet MSL to 20,000 feet MSL'' and inserting the words ``10,001
feet MSL to 20,000 feet MSL.'' The controlling agency is amended by
removing the words ``FAA, Standiford Control Tower, Louisville, KY''
and inserting the words ``FAA, Indianapolis ARTCC.'' The using agency
is amended by removing the words ``Commanding General, U.S. Army Armor
Center, Fort Knox, KY'' and inserting the words ``Commanding General,
Human Resources Center of Excellence, Fort Knox, KY.''
This is an administrative change to update the title of the using
agency and make editorial corrections. It does not affect the
boundaries, overall designated altitudes, or activities conducted
within the restricted area; therefore, notice and public procedures
under 5 U.S.C. 553(b) are unnecessary.
Section 73.37 of Title 14, CFR part 73 was republished in FAA Order
7400.8T, effective February 16, 2011.
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 will only affect air traffic procedures and air navigation, it is
certified that this 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.
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 amends the description of Restricted Areas R-3704A and R-3704B, Fort
Knox, KY.
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 311d. This airspace action is an editorial change to the
descriptions of the affected restricted areas to update the using
agency names and make editorial corrections to the time of designation
and designated altitudes. It does not alter the actual altitudes or
times of designation of the restricted airspace at Fort Knox, KY;
therefore, 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. 73.37 [Amended]
0
2. Section 73.37 is amended as follows:
* * * * *
R-3704A Fort Knox, KY [Amended]
By removing the current Designated altitudes, Time of
designation and Using agency and substituting the following:
Designated altitudes. Surface to 10,000 feet MSL.
Time of designation. 0600 to 2400 eastern time; other times by NOTAM
24 hours in advance.
Using agency. Commanding General, Human Resources Center of
Excellence, Fort Knox, KY.
R-3704B Fort Knox, KY [Amended]
By removing the current Designated altitudes, Controlling agency
and Using agency and substituting the following:
Designated altitudes. 10,001 feet MSL to 20,000 feet MSL.
Controlling agency. FAA, Indianapolis ARTCC.
Using agency. Commanding General, Human Resources Center of
Excellence, Fort Knox, KY.
Issued in Washington, DC on January 12, 2012.
Gary A. Norek,
Acting Manager, Airspace, Regulations and ATC Procedures Group.
[FR Doc. 2012-1397 Filed 1-23-12; 8:45 am]
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