[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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