83_FR_30158 83 FR 30034 - Revocation of Restricted Area R-2530, Sierra Army Depot, CA

83 FR 30034 - Revocation of Restricted Area R-2530, Sierra Army Depot, CA

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 124 (June 27, 2018)

Page Range30034-30035
FR Document2018-13737

This action removes restricted area R-2530 Sierra Army Depot, CA. This restricted area was originally established in 1963 for the purpose of neutralization of ammunition through a process known as burning. The United States Army has advised there are no future plans for this restricted area and has concurred with the FAA's plan for removal. Therefore, the FAA has determined that a valid requirement for the airspace no longer exists.

Federal Register, Volume 83 Issue 124 (Wednesday, June 27, 2018)
[Federal Register Volume 83, Number 124 (Wednesday, June 27, 2018)]
[Rules and Regulations]
[Pages 30034-30035]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13737]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2018-0476; Airspace Docket No. 18-AWP-8]
RIN 2120-AA66


Revocation of Restricted Area R-2530, Sierra Army Depot, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action removes restricted area R-2530 Sierra Army Depot, 
CA. This restricted area was originally established in 1963 for the 
purpose of neutralization of ammunition through a process known as 
burning. The United States Army has advised there are no future plans 
for this restricted area and has concurred with the FAA's plan for 
removal. Therefore, the FAA has determined that a valid requirement for 
the airspace no longer exists.

DATES: Effective date: July 27, 2018.

FOR FURTHER INFORMATION CONTACT: Kenneth Ready, Airspace Policy Group, 
Office of Airspace Services, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591; 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 returns restricted area R-2530 Sierra Army Depot, CA, 
as it is no longer needed for its designated purpose within the 
National Airspace System (NAS).

[[Page 30035]]

The Rule

    This action amends 14 Code of Federal Regulations (CFR) part 73 by 
removing Restricted area R-2530 Sierra Army Depot, CA. The United 
States Army no longer has a use for the restricted area, which was 
originally established for neutralization of ammunition through a 
process known as burning. The process was considered a hazard to 
aircraft since an uncontrolled explosion may have occurred at any time 
during the burning operation. The FAA has determined that a valid 
requirement for the airspace no longer exists and the restricted area 
is being returned to the NAS.
    Since this action reduces restricted airspace, the solicitation of 
comments would only delay the return of airspace to public use without 
offering any meaningful right or benefit to any segment of the public; 
therefore, notice and public procedure under 5 U.S.C. 553(b) are 
unnecessary.

Regulatory Notices and Analyses

    The FAA has determined that this 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 
Department of Transportation (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.

Environmental Review

    The FAA has determined that this action of revoking of R-2530 
Sierra Army Depot, CA, qualifies for categorical exclusion under the 
National Environmental Policy Act in accordance with FAA Order 1050.1E, 
Environmental Impacts: Policies and Procedures, paragraph 5-6.5.c, 
``Actions to return all or part of special use airspace (SUA) to the 
National Airspace System (NAS), such as revocation of airspace, a 
decrease in dimensions, or a reduction in times of use (e.g., from 
continuous to intermittent, or use by a Notice to Airmen (NOTAM)).'' 
This action returns restricted airspace to the NAS. Therefore, this 
airspace action is not expected to result in any significant 
environmental impacts. In accordance with FAAO 1050.1F, paragraph 5-2 
regarding Extraordinary Circumstances, this action has been reviewed 
for factors and circumstances in which a normally categorically 
excluded action may have a significant environmental impact requiring 
further analysis, and it is determined that no extraordinary 
circumstances exist that warrant preparation of an environmental 
assessment.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

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(f), 106(g); 40103, 40113, 40120; E.O. 
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.


Sec.  73.25  [Amended]

0
 2. Section 73.25 is amended as follows:
* * * * *

R-2530 Sierra Army Depot, CA [Removed]

    Issued in Washington, DC, on June 20, 2018.
Rodger A. Dean, Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2018-13737 Filed 6-26-18; 8:45 am]
 BILLING CODE 4910-13-P



                                              30034            Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations

                                              an on-call basis only. Therefore, the                   1050.1F, Environmental Impacts:                          Issued in Washington, DC, on June 20,
                                              airspace will be activated by a Notice to               Policies and Procedures, paragraph 5–                  2018.
                                              Airman (NOTAM), four hours in                           6.5.d, ‘‘Modification of the technical                 Rodger A. Dean, Jr.,
                                              advance as opposed to active                            description of special use airspace                    Manager, Airspace Policy Group.
                                              continuously Monday through Saturday                    (SUA) that does not alter the                          [FR Doc. 2018–13738 Filed 6–26–18; 8:45 am]
                                              from 0800 to 2400. Additionally, the                    dimensions, altitudes, or times of                     BILLING CODE 4910–13–P
                                              controlling agency has changed from                     designation of the airspace (such as
                                              Albuquerque Air Traffic Control Center                  changes in designation of the
                                              (ARTCC) to Phoenix Terminal Radar                       controlling or using agency, or                        DEPARTMENT OF TRANSPORTATION
                                              Approach Control (TRACON) due to a                      correction of typographical errors).’’
                                              recent alignment of assigned airspace                   This airspace action is an administrative              Federal Aviation Administration
                                              thus making the restricted area fall                    change to the description of restricted
                                              completely within Phoenix TRACONs                       area R–2302; Flagstaff, AZ, to update the              14 CFR Part 73
                                              assigned airspace.                                      time of designation and controlling
                                                                                                      agency name. It does not alter the                     [Docket No. FAA–2018–0476; Airspace
                                              The Rule                                                                                                       Docket No. 18–AWP–8]
                                                                                                      dimensions, altitudes, time of
                                                 This action amends Title 14 Code of                  designation, or use of the airspace.
                                              Federal Regulations (14 CFR) part 73 by                                                                        RIN 2120–AA66
                                                                                                      Therefore, this airspace action is not
                                              revising the time of designation and                    expected to result in any significant                  Revocation of Restricted Area R–2530,
                                              controlling agency listed for restricted                environmental impacts. In accordance                   Sierra Army Depot, CA
                                              area R–2302, Flagstaff, AZ. The time of                 with FAA Order 1050.1F, paragraph 5–
                                              designation is changed from ‘‘active                    2 regarding Extraordinary                              AGENCY:  Federal Aviation
                                              daily, 0800–2400 MST, Monday through                    Circumstances, this action has been                    Administration (FAA), DOT.
                                              Saturday;’’ to ‘‘intermittent by NOTAM                  reviewed for factors and circumstances                 ACTION: Final rule.
                                              only, 4 hours in advance, between 0800                  in which a normally categorically
                                              to 2400 MST, Monday through                             excluded action may have a significant                 SUMMARY:   This action removes restricted
                                              Saturday’’. Additionally, the controlling               environmental impact requiring further                 area R–2530 Sierra Army Depot, CA.
                                              agency for R–2302 is changed from                       analysis, and it is determined that no                 This restricted area was originally
                                              ‘‘Albuquerque ARTCC’’ to ‘‘Phoenix                      extraordinary circumstances exist that                 established in 1963 for the purpose of
                                              TRACON’’. These are administrative                      warrant preparation of an                              neutralization of ammunition through a
                                              changes and do not affect the                           environmental assessment.                              process known as burning. The United
                                              boundaries, designated altitudes, or                                                                           States Army has advised there are no
                                              activities conducted within the                         List of Subjects in 14 CFR Part 73                     future plans for this restricted area and
                                              restricted area; therefore, notice and                                                                         has concurred with the FAA’s plan for
                                                                                                        Airspace, Prohibited areas, Restricted
                                              public procedures under 5 U.S.C. 553(b)                                                                        removal. Therefore, the FAA has
                                                                                                      areas.
                                              are unnecessary.                                                                                               determined that a valid requirement for
                                              Regulatory Notices and Analyses                         The Amendment                                          the airspace no longer exists.
                                                                                                                                                             DATES: Effective date: July 27, 2018.
                                                 The FAA has determined that this                       In consideration of the foregoing, the
                                              regulation only involves an established                 Federal Aviation Administration                        FOR FURTHER INFORMATION CONTACT:
                                              body of technical regulations for which                 amends 14 CFR part 73, as follows:                     Kenneth Ready, Airspace Policy Group,
                                              frequent and routine amendments are                                                                            Office of Airspace Services, Federal
                                              necessary to keep them operationally                    PART 73—SPECIAL USE AIRSPACE                           Aviation Administration, 800
                                              current. It, therefore: (1) Is not a                                                                           Independence Avenue SW, Washington,
                                              ‘‘significant regulatory action’’ under                 ■ 1. The authority citation for part 73                DC 20591; telephone: (202) 267–8783.
                                              Executive Order 12866; (2) is not a                     continues to read as follows:                          SUPPLEMENTARY INFORMATION:
                                              ‘‘significant rule’’ under Department of                  Authority: 49 U.S.C. 106(f), 106(g); 40103,          Authority for This Rulemaking
                                              Transportation (DOT) Regulatory                         40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
                                              Policies and Procedures (44 FR 11034;                   1959–1963 Comp., p. 389.                                  The FAA’s authority to issue rules
                                              February 26, 1979); and (3) does not                                                                           regarding aviation safety is found in
                                                                                                      § 73.23    [Amended]                                   Title 49 of the United States Code.
                                              warrant preparation of a regulatory
                                              evaluation as the anticipated impact is                 ■ 2. Section 73.23 is amended as                       Subtitle I, Section 106 describes the
                                              so minimal. Since this is a routine                     follows:                                               authority of the FAA Administrator.
                                              matter that only affects air traffic                    *     *    *     *     *                               Subtitle VII, Aviation Programs,
                                              procedures and air navigation, it is                                                                           describes in more detail the scope of the
                                              certified that this rule, when                          R–2302      Flagstaff, AZ [Amended]                    agency’s authority. This rulemaking is
                                              promulgated, does not have a significant                                                                       promulgated under the authority
                                                                                                        By removing ‘‘Time of designation.                   described in Subtitle VII, Part A,
                                              economic impact on a substantial                        Active daily, 0800–2400 MST, Monday
                                              number of small entities under the                                                                             Subpart I, Section 40103. Under that
                                                                                                      through Saturday’’ and adding in their                 section, the FAA is charged with
                                              criteria of the Regulatory Flexibility Act.             place ‘‘Time of designation. Intermittent              prescribing regulations to assign the use
                                              Environmental Review                                    by NOTAM only, 4 hours in advance,                     of the airspace necessary to ensure the
                                                                                                      between 0800 to 2400 MST, Monday–
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                                                The FAA has determined that this                                                                             safety of aircraft and the efficient use of
                                              action of updating the time of                          Saturday.                                              airspace. This regulation is within the
                                              designation and controlling agency for                    By removing ‘‘Controlling agency.                    scope of that authority as it returns
                                              restricted area R–2302; Flagstaff, AZ,                  Albuquerque ARTCC,’’ and adding in                     restricted area R–2530 Sierra Army
                                              qualifies for categorical exclusion under               their place ‘‘Controlling agency. FAA,                 Depot, CA, as it is no longer needed for
                                              the National Environmental Policy Act,                  Phoenix TRACON.’’                                      its designated purpose within the
                                              and in accordance with FAA Order                        *     *     *    *      *                              National Airspace System (NAS).


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                                                               Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations                                                30035

                                              The Rule                                                not expected to result in any significant              § 825.120    Leave for pregnancy or birth.
                                                This action amends 14 Code of                         environmental impacts. In accordance                     (a) * * *
                                              Federal Regulations (CFR) part 73 by                    with FAAO 1050.1F, paragraph 5–2
                                                                                                      regarding Extraordinary Circumstances,                   (4) * * * Circumstances may require
                                              removing Restricted area R–2530 Sierra                                                                         that FMLA leave begin before the actual
                                              Army Depot, CA. The United States                       this action has been reviewed for factors
                                                                                                      and circumstances in which a normally                  date of birth of a child. * * * For
                                              Army no longer has a use for the
                                                                                                      categorically excluded action may have                 example, a pregnant employee may be
                                              restricted area, which was originally
                                                                                                      a significant environmental impact                     unable to report to work because of
                                              established for neutralization of
                                                                                                      requiring further analysis, and it is                  severe morning sickness.
                                              ammunition through a process known
                                              as burning. The process was considered                  determined that no extraordinary                       *     *     *     *     *
                                              a hazard to aircraft since an                           circumstances exist that warrant                       [FR Doc. 2018–13908 Filed 6–26–18; 8:45 am]
                                              uncontrolled explosion may have                         preparation of an environmental                        BILLING CODE 1301–00–D
                                              occurred at any time during the burning                 assessment.
                                              operation. The FAA has determined that                  List of Subjects in 14 CFR Part 73
                                              a valid requirement for the airspace no
                                                                                                        Airspace, Prohibited areas, Restricted               EQUAL EMPLOYMENT OPPORTUNITY
                                              longer exists and the restricted area is
                                                                                                      areas.                                                 COMMISSION
                                              being returned to the NAS.
                                                Since this action reduces restricted                  The Amendment
                                              airspace, the solicitation of comments                                                                         29 CFR Part 1614
                                                                                                        In consideration of the foregoing, the
                                              would only delay the return of airspace                 Federal Aviation Administration
                                              to public use without offering any                                                                             Federal Sector Equal Employment
                                                                                                      amends 14 CFR part 73 as follows:                      Opportunity
                                              meaningful right or benefit to any
                                              segment of the public; therefore, notice                PART 73—SPECIAL USE AIRSPACE                           CFR Correction
                                              and public procedure under 5 U.S.C.
                                              553(b) are unnecessary.                                 ■ 1. The authority citation for part 73                  In Title 29 of the Code of Federal
                                                                                                      continues to read as follows:                          Regulations, Parts 900 to 1899, revised
                                              Regulatory Notices and Analyses
                                                                                                        Authority: 49 U.S.C. 106(f), 106(g); 40103,          as of July 1, 2017, on page 302, in
                                                 The FAA has determined that this                     40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,           § 1614.304, paragraph (b)(4) is reinstated
                                              regulation only involves an established                 1959–1963 Comp., p. 389.                               to read as follows:
                                              body of technical regulations for which
                                              frequent and routine amendments are                     § 73.25    [Amended]                                   § 1614.304    Contents of petition.
                                              necessary to keep them operationally                    ■ 2. Section 73.25 is amended as                       *     *    *     *    *
                                              current. It, therefore: (1) Is not a                    follows:
                                              ‘‘significant regulatory action’’ under                                                                          (b) * * *
                                                                                                      *     *    *     *     *
                                              Executive Order 12866; (2) is not a                                                                              (4) A copy of the decision issued by
                                              ‘‘significant rule’’ under Department of                R–2530 Sierra Army Depot, CA                           the MSPB; and
                                              Transportation (DOT) Regulatory                         [Removed]                                              *     *    *     *    *
                                              Policies and Procedures (44 FR 11034;                                                                          [FR Doc. 2018–13907 Filed 6–26–18; 8:45 am]
                                              February 26, 1979); and (3) does not                      Issued in Washington, DC, on June 20,
                                                                                                      2018.                                                  BILLING CODE 1301–00–D
                                              warrant preparation of a regulatory
                                              evaluation as the anticipated impact is                 Rodger A. Dean, Jr.,
                                              so minimal. Since this is a routine                     Manager, Airspace Policy Group.
                                              matter that only affects air traffic                    [FR Doc. 2018–13737 Filed 6–26–18; 8:45 am]
                                                                                                                                                             DEPARTMENT OF LABOR
                                              procedures and air navigation, it is                    BILLING CODE 4910–13–P
                                              certified that this rule, when                                                                                 Occupational Safety and Health
                                              promulgated, does not have a significant                                                                       Administration
                                              economic impact on a substantial                        DEPARTMENT OF LABOR
                                              number of small entities under the                                                                             29 CFR Part 1910
                                              criteria of the Regulatory Flexibility Act.             Wage and Hour Division
                                              Environmental Review                                                                                           Occupational Safety and Health
                                                                                                      29 CFR Part 825                                        Standards
                                                The FAA has determined that this
                                              action of revoking of R–2530 Sierra                     The Family and Medical Leave Act of                    CFR Correction
                                              Army Depot, CA, qualifies for                           1993
                                              categorical exclusion under the National                                                                       § 1910.1043      [Amended]
                                                                                                      CFR Correction
                                              Environmental Policy Act in accordance                                                                         ■ In Title 29 of the Code of Federal
                                              with FAA Order 1050.1E,                                 ■ In Title 29 of the Code of Federal
                                                                                                                                                             Regulations, Part 1910 (§ 1910.1000 to
                                              Environmental Impacts: Policies and                     Regulations, Parts 500 to 899, revised as
                                                                                                                                                             end of part 1910), revised as of July 1,
                                              Procedures, paragraph 5–6.5.c, ‘‘Actions                of July 1, 2017, on page 821, in
                                              to return all or part of special use                    § 825.120, paragraph (a)(4) is amended                 2017, on page 297, paragraphs
                                              airspace (SUA) to the National Airspace                 as follows:                                            § 1910.1043(i)(1)(i)(A) through (F) are
                                                                                                                                                             removed.
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                                              System (NAS), such as revocation of                     —Remove the third sentence of the
                                              airspace, a decrease in dimensions, or a                  paragraph;                                           [FR Doc. 2018–13909 Filed 6–26–18; 8:45 am]
                                              reduction in times of use (e.g., from                   —Add a sentence following the first                    BILLING CODE 1301–00–D
                                              continuous to intermittent, or use by a                   sentence of the paragraph; and
                                              Notice to Airmen (NOTAM)).’’ This                       —Add a sentence following the last
                                              action returns restricted airspace to the                 sentence of the paragraph.
                                              NAS. Therefore, this airspace action is                   The additions read as follows:


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Document Created: 2018-11-06 09:52:53
Document Modified: 2018-11-06 09:52:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective date: July 27, 2018.
ContactKenneth Ready, Airspace Policy Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267- 8783.
FR Citation83 FR 30034 
RIN Number2120-AA66
CFR AssociatedAirspace; Prohibited Areas and Restricted Areas

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