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 amends the coordinates for restricted areas R-5301, R-5302B, and R-5302C in North Carolina to close small gaps and eliminate overlaps between the restricted areas.

Background

The FAA recently conducted a review of restricted areas R-5301, R-5302B, and R-5302C, revealing minor discrepancies in the points defining the areas. The FAA identified small gaps and overlap points based on the coordinates used in the boundary descriptions, which necessitates this amendment to accurately align the restricted areas. Moreover, the U.S. Marine Corps, the using agency, requested that the FAA amend the coordinates to eliminate these gaps and overlaps.

Good Cause for Bypassing Notice and Comment

Under 5 U.S.C. 553, federal agencies engaged in informal rulemaking must provide the public with a notice of proposed rulemaking and an opportunity for public participation. However, 5 U.S.C. 553(b)(B) exempts a rule from these requirements “when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.” Courts have construed these exceptions narrowly, but have nonetheless accepted determinations of good cause that notice and comment is unnecessary in “those situations in which the administrative rule is a routine determination, insignificant in nature and impact, and inconsequential to the industry and to the public.” See Mack Trucks, Inc. v. EPA, 682 F.3d 87, 94 (D.C. Cir. 2012). This action consists of minor technical amendments only. It does not affect the external boundaries or change the altitudes, time of designation, operating requirements, or activities conducted in the restricted areas. Therefore, the FAA finds good cause that notice and public procedure under 5 U.S.C. 553(b) are unnecessary.

The Rule

This action amends 14 CFR part 73 by updating the coordinates used in the boundary descriptions to accurately align restricted areas R-5301, R-5302B, and R-5302C, eliminating gaps and overlaps. The first coordinate listed in R-5301 is changed from “lat. 36°04′56″ N, long. 76°16′47″ W” to “lat. 36°04′56″ N, long. 76°16′48″ W”. Two tie-in coordinates are added to R-5302B, “lat. 36°04′23″ N, long. 076°20′59″ W” to “lat. 36°04′56″ N, long. 076°16′48″ W”, to eliminate overlap and provide coincidence with R-5301. Finally, an additional tie-in coordinate is added to R-5302B and R-5302C, “lat. 36°00′01″ N, long. 76°14′29″ W”, to eliminate overlap and provide coincidence with R-5302A.

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 DOT Order 2100.6B, “Rulemaking and Guidance Procedures” (March 10, 2025); and (3) is anticipated to have a minimal economic impact, as it only affects air traffic procedures and air navigation, resulting in at most de minimis costs from minor rerouting of flights. Since this is a routine matter that only affects air traffic procedures with de minimis impact on operators, 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 making an administrative change of updating the coordinates used in the boundary descriptions to accurately align restricted areas R-5301, R-5302B, and R-5302C, NC, eliminating gaps and overlaps, qualifies for categorical exclusion under the National Environmental Policy Act (42 U.S.C. 4321 et seq.) and in accordance with FAA Order 1050.1G, FAA National Environmental Policy Act Implementing Procedures, paragraph B-2.5 (d) Modification of the technical description of special use airspace (SUA) that does not alter the dimensions, altitudes, or times of designation of the airspace (such as changes in designation of the controlling or using agency, or correction of typographical errors). As such, this action is not expected to result in any potentially significant environmental impacts. In accordance with Appendix B, paragraph B-1 of FAA Order 1050.1G regarding Extraordinary Circumstances, the FAA has reviewed this action for factors and circumstances in which a normally categorically excluded action may have a significant environmental impact requiring further analysis. Accordingly, the FAA has determined that no extraordinary circumstances exist that warrant preparation of an environmental assessment or environmental impact statement.

The Amendment

In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 73 as follows: