2013-25207. Change of Using Agency for Restricted Areas R-2916, FL and R-7105, PR

AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This action updates the name of the using agencies for Restricted Areas R-2916, FL and R-7105, PR, at the request of the Department of the Air Force. This is an administrative change only and does not affect the boundaries; designated altitudes; time of designation; or activities conducted within the affected restricted areas.

DATES:

Effective date: 0901 UTC, December 12, 2013.

FOR FURTHER INFORMATION CONTACT:

Paul Gallant, Airspace Policy and ATC Procedures Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: [phone].

SUPPLEMENTARY INFORMATION:

Background

As a result of the realignment of organizational responsibilities between federal agencies, U.S. Customs and Border Protection has been assigned the function of using agency for restricted areas R-2916 in Florida and R-7105 in Puerto Rico. This is an administrative name change only and does not affect the current dimensions or use of the restricted areas.

The Rule

This action amends Title 14 Code of Federal Regulations (14 CFR) part 73 by amending the using agency name for Restricted Areas R-2916 Cudjoe Key, FL and R-7105 Lajas, PR. The using agency for R-2916 is changed from “USAF, Southeast Air Defense Sector/Director of Operations, Tyndall AFB, FL,” to “U.S. Customs and Border Protection, Air and Marine Operations Center, March ARB, CA.” The using agency for R-7105 is changed from “Puerto Rico Police Department” to “U.S. Customs and Border Protection, Caribbean Air and Marine Operations Center, Punta Salinas, PR.”

This is an administrative change to update the title of the using agencies. It does not affect the boundaries, designated altitudes, or activities conducted within the restricted areas; therefore, 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 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.

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 amends the descriptions of restricted areas to reflect current organizational responsibilities.

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 administrative change to the descriptions of the affected restricted areas to update the using agency name. It does not alter the dimensions, altitudes, or times of designation of 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

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.

§ 73.29

[Amended]

2. Section 73.29 is amended as follows:

* * * * *

R-2916 Cudjoe Key, FL [Amended]

Under Using agency, remove “USAF, Southeast Air Defense Sector/Director of Operations, Tyndall AFB, FL” and insert “U.S. Customs and Border Protection, Air and Marine Operations Center, March ARB, CA.”

§ 73.71

[Amended]

3. Section 73.71 is amended as follows:

* * * * *

R-7105 Lajas, PR [Amended]

Under Using agency, remove `Puerto Rico Police Department” and insert “U.S. Customs and Border Protection, Caribbean Air and Marine Operations Center, Punta Salinas, PR.”

Issued in Washington, DC on October 21, 2013.

Gary A. Norek,

Manager, Airspace Policy and ATC Procedures Group.