[Federal Register Volume 77, Number 247 (Wednesday, December 26, 2012)]
[Rules and Regulations]
[Pages 75837-75838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30806]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA-2012-1150; Airspace Docket No. 12-ANE-16]
RIN 2120-AA66
Amendment of Time of Designation for Restricted Area R-6501B;
Underhill, VT
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action amends the time of designation for restricted area
R-6501B, Underhill, VT by adding a requirement for issuance of a Notice
to Airmen (NOTAM) 24 hours in advance of any activation of the
restricted area. This action does not affect the boundaries, altitudes
or activities conducted within the area.
DATES: Effective date 0901 UTC, January 10, 2013.
FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy and ATC
Procedures Group, AJV-11, Office of Airspace Services, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone: (202) 267-8783.
SUPPLEMENTARY INFORMATION:
Background
The current time of designation of restricted area R-6501B reads
[[Page 75838]]
``Intermittent.'' The term ``intermittent'' signifies limited or
infrequent use the area. FAA Order 7400.2 requires that an
``intermittent'' time of designation for special use airspace areas
must include either an associated time period or a ``by NOTAM''
provision. In all cases, an `intermittent'' time of designation must
not be used for restricted areas without a ``by NOTAM'' provision.
The Rule
This action amends Title 14 Code of Federal Regulations (14 CFR)
part 73 by changing the time of designation for Restricted area R-
6501B, Underhill, VT, from ``Intermittent'' to ``Intermittent by NOTAM
24 hours in advance.'' This change brings the time of designation into
compliance with FAA Order 7400.2 requirements.
This change adds a NOTAM requirement to the time of designation of
R-6501B. The change benefits the flying public by providing advance
notice of planned activation periods of the restricted area. Because
the amendment does not affect the boundaries, designated altitudes, or
activities conducted within the restricted area and provides the public
with advance notice of restricted area usage, notice and public
procedures under 5 U.S.C. 553(b) are unnecessary.
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.
Environmental Review
The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with 311d., FAA Order 1050.1E, Environmental Impacts: Policies and
Procedures. This airspace action is an administrative change to the
description of the affected restricted area to clarify the time of
designation. It does not alter the dimensions, altitudes, or activities
conducted within the airspace; therefore, it is not expected to cause
any potentially significant environmental impacts, and no extraordinary
circumstances exists 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
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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. 73.65 [Amended]
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2. Section 73.65 is amended as follows:
* * * * *
R-6501B Underhill, VT [Amended]
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By removing the word ``Intermittent'' under Time of designation.
and inserting the words ``Intermittent by NOTAM 24 hours in advance.''
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Issued in Washington, DC, on November 14, 2012.
Gary A. Norek,
Manager, Airspace Policy and ATC Procedures Group.
[FR Doc. 2012-30806 Filed 12-21-12; 8:45 am]
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