28752 Federal Register / Vol. 75, No. 99 / Monday, May 24, 2010 / Rules and Regulations 

overall regulatory, economic, 

environmental, and energy aspects of 

the AD. We will consider all comments 

received by the closing date and may 

amend the AD in light of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this AD. Using the 

search function of our docket Web site, 

you can find and read the comments to 

any of our dockets, including the name 

of the individual who sent the 

comment. You may review the DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78). 

Regulatory Findings 

We have determined that this AD will 

not have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the national Government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that the regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11032, February 26, 1979); and 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared an economic evaluation 

of the estimated costs to comply with 

this AD. See the AD docket to examine 

the economic evaluation. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. 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. 

We are issuing this rulemaking under 

the authority described in subtitle VII, 

part A, subpart III, section 44701, 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

Adoption of the Amendment 

■ Accordingly, pursuant to the authority 

delegated to me by the Administrator, 

the Federal Aviation Administration 

amends part 39 of the Federal Aviation 

Regulations (14 CFR part 39) as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. Section 39.13 is amended by adding 

a new airworthiness directive to read as 

follows: 

2010–10–16 Bell Helicopter Textron and 

Agusta S.P.A.: Amendment 39–16295. 

Docket No. FAA–2010–0487; Directorate 

Identifier 2010–SW–032–AD. 

Applicability: Bell Helicopter Textron 

Model 205A, 205A–1, 205B, 212, 412, 412EP, 

and 412CF and Agusta S.p.A. Model AB412, 

AB412EP helicopters, certificated in any 

category, with Aeronautical Accessories, Inc. 

(AAI) Low Skid Landing Gear Forward 

Crosstube (Crosstube), part number (P/N) 

212–320–103, with a serial number (S/N) 

prefix of ‘‘AA’’ and an S/N of 574 through 

628, installed. 

Note 1: Crosstube, P/N 212–320–103, is 

also included as part of AAI Low Skid Gear 

Assembly Kits, P/N 412–320–500 and 412– 

320–502. 

Compliance: Required as indicated, unless 

done previously. 

To prevent failure of a crosstube and 

subsequent collapse of the landing gear, do 

the following: 

(a) Within 25 hours time-in-service, replace 

any affected crosstube with an airworthy 

crosstube. 

Note 2: AAI Alert Service Bulletin No. AA– 

10012, dated March 5, 2010, references the 

AAI Instructions for Continued 

Airworthiness AA–01136, which contains 

guidance on replacing the crosstubes. 

(b) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Contact the Manager, Rotorcraft 

Certification Office: ATTN: DOT/FAA 

Southwest Region, Martin R. Crane, ASW– 

170, Aviation Safety Engineer, Rotorcraft 

Directorate, Rotorcraft Certification Office, 

2601 Meacham Blvd., Fort Worth, Texas 

76137, telephone (817) 222–5170, fax (817) 

222–5783, for information about previously 

approved alternative methods of compliance. 

(c) The Joint Aircraft System/Component 

(JASC) Code is 3250: Landing Gear System. 

(d) This amendment becomes effective on 

June 8, 2010. 

Issued in Fort Worth, Texas, on May 3, 

2010. 

Mark R. Schilling, 

Acting Manager, Rotorcraft Directorate. 

[FR Doc. 2010–11424 Filed 5–21–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2008–1261; Airspace 

Docket No. 06–ASO–18] 

RIN 2120–AA66 

Amendment and Establishment of 

Restricted Areas and Other Special 

Use Airspace, Avon Park Air Force 

Range, FL 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action restructures the 

special use airspace (SUA) at the Avon 

Park Air Force Range (APAFR), Florida. 

The changes provide additional 

restricted airspace needed for training in 

high altitude weapons releases and 

other hazardous activities, and 

reconfigure the military operations areas 

(MOA) to contain nonhazardous flight 

operations. These changes will permit 

realistic training in current tactics to be 

conducted at the Range and enable more 

efficient use of the National Airspace 

System. 

DATES: Effective date 0901 UTC, July 29, 

2010. 

FOR FURTHER INFORMATION CONTACT: Paul 

Gallant, Airspace and Rules Group, 

Office of System Operations Airspace 

and AIM, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Background 

On Thursday, February 12, 2009, the 

FAA published in the Federal Register 

a notice of proposed rulemaking 

(NPRM) to restructure the SUA at the 

APAFR, Florida (74 FR 7018). Interested 

parties were invited to participate in 

this rulemaking proceeding by 

submitting written comments on the 

proposal to the FAA. Four responses 

were received. 

Discussion of Comments 

One commenter wrote that the 

APAFR should be eliminated in its 

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entirety due to a lack of observed 

activity at the Range. The commenter 

also stated that the NPRM did not 

propose any altitude restrictions or 

changes for the area. 

The FAA does not agree. The airspace 

in this general area has been used for 

military purposes dating back to the 

1940s and the range remains a crucial 

training resource today. The APAFR 

restricted areas are used for a variety of 

hazardous activities, many of which 

may not be readily apparent through 

observation. These activities include not 

only aircraft operations such as various 

attack profiles and air-to-ground 

weapons delivery, etc.; but also various 

non-aviation, ground-based activities 

including artillery, mortars, missiles, 

etc. The MOAs are used for 

nonhazardous flight operations that 

support range missions. A sampling of 

APAFR restricted area and MOA annual 

utilization data for Fiscal Year (FY) 

2004 and FY 2009 shows significant use 

of the airspace. For example, in FY 

2004, the Avon East MOA was used on 

277 days with 8,618 aircraft sorties. In 

FY 2009, the same MOA was used on 

280 days with 10,131 aircraft sorties. 

The restricted areas also saw extensive 

use, reflecting continuing, real-world 

training requirements. In FY 2004, 

R–2901A and C through I were used on 

276 days with 8,581 aircraft sorties. The 

FY 2004 figures for R–2901B were 206 

days and 3,415 aircraft sorties. In FY 

2009, the figures for all R–2901 areas 

(A through I) grew to 280 days and 

10,131 aircraft sorties. As described in 

more detail below, this action makes a 

number of airspace modifications at 

APAFR. All changes to APAFR SUA are 

contained within the current outer foot 

print of the range airspace with the 

existing SUA altitude floors remaining 

unchanged. New SUA is being added 

upward within that footprint but in 

layers so that only those sections of 

airspace needed for the mission will be 

activated. The Lake Placid MOA is 

subdivided into three sections to enable 

more efficient use of the airspace. 

Another commenter stated that all 

military testing should be moved to an 

area of lower population density. 

As stated above, military use of the 

APAFR area dates back to the 1940s. 

Over time, many military installations, 

including APAFR, have experienced 

growth of communities located near the 

installation which results in challenges 

to both the military mission and the 

surrounding community. The military is 

currently participating in the Avon Park 

Air Force Range Joint Land Use Study, 

sponsored by the Central Florida 

Regional Planning Council. This project 

is a cooperative land use planning effort 

between the military installation and 

surrounding communities to promote 

compatible community growth while 

supporting military training and 

operational missions. The goal of this 

study is to protect the health, safety and 

welfare of the local community with 

regard to military operations and to 

address development that may impact 

the mission of the APAFR. 

Representatives of the Indian 

Hammock Airport (FL75), Fort Drum, 

FL, wrote with concerns about the 

proposed airspace changes. FL75 is a 

charted, private-use, uncontrolled 

airport located along the eastern edge of 

the Marian MOA. Airport users were 

concerned that extending the MOA 

operating hours to include weekends 

and nighttime would impact the 

airport’s busiest periods and increase 

the risk of an accident. They noted that 

aircraft frequently pass under FL75’s 

800-foot traffic pattern and/or in close 

proximity to the airport. Airport 

representatives recommended that a 

plan be developed to avoid FL75, 

especially on weekends and at night. 

Additionally, they recommended that 

visual flight rules (VFR) corridors be 

developed and published for pilot 

transit through the northern and 

southern portions of R–2901. 

The FAA has determined that VFR 

corridors through the APAFR complex 

are not feasible at this time. In response 

to the comments regarding impacts on 

airport operations, a representative from 

the APAFR met recently with FL75 

representatives to discuss the U.S Air 

Force’s Midair Collision Avoidance 

(MACA) Program, current Range 

operations and FL75’s concerns, and to 

establish contacts for continuing 

discussions between FL75 and APAFR. 

Representatives of the Destiny Project 

wrote to request that the Marian MOA 

be modified due to a development 

project planned in the area. Specifically, 

they asked that the minimum MOA 

flight altitude, within that section of the 

Marian MOA located in Osceola County, 

be raised from the current 500 feet 

above ground level (AGL), to 5,000 feet 

above mean sea level (MSL). 

The Marian MOA was established in 

1977. It is used primarily as a 

maneuvering and holding area for 

flights going into R–2901 and for 

periodic exercises. Since the Marian 

MOA currently extends from 500 feet 

AGL up to 5,000 feet MSL, raising the 

MOA floor to 5,000 feet MSL, as 

requested, would eliminate that part of 

the MOA that overlies Osceola County. 

The resulting reduction in available 

MOA airspace would leave insufficient 

room for holding and maneuvering, 

causing military aircraft to exit SUA 

when entering or departing the 

restricted areas and/or when 

maneuvering or holding prior to 

entering the restricted areas. This would 

defeat the purpose of a MOA, which is 

to contain non-hazardous military flying 

activities and to identify, for 

nonparticipating pilots, where that 

activity is being conducted. The NPRM 

proposed an administrative change to 

the Marian MOA description to update 

the name of the using agency and to add 

a ‘‘by NOTAM’’ provision to the MOA 

times of use to make them consistent 

with other APAFR SUA areas. No 

changes to the boundaries or altitude 

structure of the Marian MOA were 

proposed in the NPRM, therefore the 

requested MOA modification is outside 

the scope of this action. For the above 

reasons, the Marian MOA boundaries or 

altitudes will not be modified as part of 

this action. 

Military Operations Areas (MOA) 

MOAs are established to separate or 

segregate non-hazardous military flight 

activities from aircraft operating in 

accordance with instrument flight rules 

(IFR), and to advise pilots flying under 

VFR where these activities are 

conducted. IFR aircraft may be routed 

through an active MOA only by 

agreement with the using agency and 

only when air traffic control can provide 

approved separation from the MOA 

activity. VFR pilots are not restricted 

from flying in an active MOA, but are 

advised to exercise caution while doing 

so. As noted in the NPRM, MOAs are 

nonregulatory airspace areas that are 

established administratively and 

published in the National Flight Data 

Digest (NFDD) rather than through 

rulemaking procedures. When a 

nonrulemaking action is an integral part 

of a rulemaking action, FAA procedures 

allow for the nonrulemaking changes to 

be included in the rulemaking action. 

Since the MOAs are an integral part of 

the Avon Park Range airspace structure, 

the MOA changes are included in this 

rule as well as being published in the 

NFDD. 

APAFR MOA Changes 

This action subdivides the Lake 

Placid MOA, cancels the Avon North 

and Avon South MOAs, establishes the 

Avon East High MOA, amends some 

MOA times of use and updates the name 

of the using agency for all APAFR 

MOAs. Specifically, the Lake Placid 

MOA is subdivided into three parts: 

Lake Placid North, Lake Placid West 

and Lake Placid East. These charted 

subdivisions will simplify coordination 

with MOA users and will allow more 

efficient traffic flows for 

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28754 Federal Register / Vol. 75, No. 99 / Monday, May 24, 2010 / Rules and Regulations 

nonparticipating aircraft when parts of 

the MOA are not in use by the military. 

The eastern boundary of the new Lake 

Placid North and Lake Placid West 

MOAs is adjusted to eliminate a slight 

overlap of the MOAs into restricted 

airspace. The times of use for the Lake 

Placid MOAs are amended to include a 

provision to allow for activation of the 

airspace at ‘‘other times by NOTAM’’ to 

be consistent with other APAFR SUA. 

The altitudes for the Lake Placid MOAs 

are not being changed and will remain 

as currently published: from 7,000 feet 

MSL to but not including FL 180. 

The existing Avon North and Avon 

South MOAs, both of which extend 

upward from 5,000 feet MSL to but not 

including FL 180, are cancelled and the 

airspace converted into Restricted Areas 

R–2901M and R–2901N, respectively, as 

described in the rule section, below. A 

new MOA, designated Avon East High, 

is established directly above the existing 

Avon East MOA. The Avon East MOA 

currently extends from 500 feet AGL up 

to but not including 14,000 feet MSL. 

The new Avon East High MOA extends 

from 14,000 feet MSL to but not 

including FL 180. 

The times of use for the Basinger and 

Marian MOAs are changed to add a 

provision to allow for activation of the 

airspace at ‘‘other times by NOTAM.’’ 

This change aligns the Basinger and 

Marian MOA times of use with the other 

APAFR SUA areas. 

The name of the using agency for all 

APAFR MOAs is changed to read ‘‘U.S. 

Air Force, Commander, 23rd Wing, Det. 

1, MacDill AFB, FL,’’ to reflect the 

current organizational title. Minor 

corrections were made to the boundary 

descriptions of the Avon East, Avon 

East High and Basinger MOAs. These 

corrections consist of more accurate 

latitude/longitude points that do not 

change the size or the charted depiction 

of the areas. 

The APAFR MOA description 

changes are as follows: 

Avon East MOA, FL [Amended] 

By removing the current boundaries and 

using agency and substituting the following: 

Boundaries. Beginning at lat. 27°44′46′′ N., 

long. 81°11′39′′ W.; to lat. 27°44′46′′ N., long. 

81°08′29′′ W.; to lat. 27°34′01′′ N., long. 

81°04′29′′ W.; to lat. 27°32′31′′ N., long. 

81°07′23′′ W.; to lat. 27°35′01′′ N., long. 

81°08′59′′ W.; to the point of beginning. 

Using agency. U.S. Air Force, Commander, 

23rd Wing, Det 1, MacDill AFB, FL. 

Avon East High MOA, FL [New] 

Boundaries. Beginning at lat. 27°44′46′′ N., 

long. 81°11′39′′ W.; to lat. 27°44′46′′ N., long. 

81°08′29′′ W.; to lat. 27°34′01′′ N., long. 

81°04′29′′ W.; to lat. 27°32′31′′ N., long. 

81°07′23′′ W.; to lat. 27°35′01′′ N., long. 

81°08′59′′ W.; to the point of beginning. 

Altitudes. 14,000 feet MSL to but not 

including FL 180. 

Times of use. Intermittent, normally 

daylight hours, Monday–Friday; other times 

by NOTAM. 

Controlling agency. FAA, Miami ARTCC. 

Using agency. U.S. Air Force, Commander, 

23rd Wing, Det 1, MacDill AFB, FL. 

Basinger MOA, FL [Amended] 

By removing the current boundaries, times 

of use and using agency and substituting the 

following: 

Boundaries. Beginning at lat. 27°32′31′′ N., 

long. 81°07′23′′ W.; to lat. 27°34′01′′ N., long. 

81°04′29′′ W.; to lat. 27°23′16′′ N., long. 

80°56’59′′ W.; to lat. 27°21′01′′ N., long. 

80°59′59′′ W.; to lat. 27°29’31′′ N., long. 

81°05′29′′ W.; to the point of beginning. 

Times of use. Intermittent, normally 

daylight hours, Monday–Friday; occasionally 

Saturday and Sunday; other times by 

NOTAM. 

Using agency. U.S. Air Force, Commander, 

23rd Wing, Det 1, MacDill AFB, FL. 

Lake Placid North MOA, FL [New] 

Boundaries. Beginning at lat. 27°53′31′′ N., 

long. 81°51′59′′ W.; to lat. 28°00′01′′ N., long. 

81°20′59′′ W.; to lat. 27°55′01′′ N., long. 

81°25′19′′ W.; to lat. 27°42′49′′ N., long. 81° 

36′16′′ W.; to lat. 27°35′44′′ N., long. 

81°42′14′′ W.; to the point of beginning. 

Altitudes. 7,000 feet MSL to but not 

including FL 180. 

Times of use. Intermittent, normally 

daylight hours, Monday–Friday; occasionally 

on Saturday and Sunday; other times by 

NOTAM. 

Controlling agency. FAA, Miami ARTCC. 

Using agency. U.S. Air Force, Commander, 

23rd Wing, Det 1, MacDill AFB, FL. 

Lake Placid West MOA, FL [New] 

Boundaries. Beginning at lat. 27°35′44′′ N., 

long. 81°42′14′′ W.; to lat. 27°42′49′′ N., long. 

81°36′16′′ W.; to lat. 27°21′30′′ N., long. 

81°28′00′′ W.; to lat. 27°04′01′′ N., long. 

81°16′59′′ W.; to lat. 27°04′01′′ N., long. 

81°24′59′′ W.; to the point of beginning. 

Altitudes. 7,000 feet MSL to but not 

including FL 180. 

Times of use. Intermittent, normally 

daylight hours, Monday–Friday; occasionally 

on Saturday and Sunday; other times by 

NOTAM. 

Controlling agency. FAA, Miami ARTCC. 

Using agency. U.S. Air Force, Commander, 

23rd Wing, Det 1, MacDill AFB, FL. 

Lake Placid East MOA, FL [New] 

Boundaries. Beginning at lat. 27°42’49′′ N., 

long. 81°36’16′′ W.; to lat. 27°55′01′′ N., long. 

81°25′19′′ W.; to lat. 27°42′01′′ N., long. 

81°25′19′′ W.; to lat. 27°32′33′′ N., long. 

81°21′39′′ W.; to lat. 27°30′46′′ N., long. 

81°17′49′′ W.; to lat. 27°24′46′′ N., long. 

81°10′59′′ W.; to lat. 27°15′03′′ N., long. 

81°04′54′′ W.; to lat. 27°04′01′′ N., long. 

81°16′59′′ W.; to lat. 27°21′30′′ N., long. 

81°28′00′′ W.; to the point of beginning. 

Altitudes. 7,000 feet MSL to but not 

including FL 180. 

Times of use. Intermittent, normally 

daylight hours, Monday–Friday; occasionally 

on Saturday and Sunday; other times by 

NOTAM. 

Controlling agency. FAA, Miami ARTCC. 

Using agency. U.S. Air Force, Commander, 

23rd Wing, Det 1, MacDill AFB, FL. 

Marian MOA, FL [Amended] 

By removing the times of use and current 

using agency and substituting the following: 

Times of use. Intermittent, normally 

daylight hours, Monday–Friday; occasionally 

Saturday and Sunday; other times by 

NOTAM. 

Using agency. U.S. Air Force, Commander, 

23rd Wing, Det 1, MacDill AFB, FL. 

The above MOA changes will also be 

published in the National Flight Data Digest. 

The Rule 

This action amends 14 CFR part 73 by 

restructuring the restricted airspace 

areas at the APAFR to enable training in 

various high-altitude tactics that are 

essential for combat readiness and are 

currently being used in actual combat 

operations. This action adds new 

restricted area subdivisions to raise the 

ceiling of restricted airspace at the 

Range to a maximum of FL 400. The 

current restricted area floors remain 

unchanged. As noted above, the Avon 

North and Avon South MOAs are 

cancelled and that airspace is converted 

to Restricted Areas R–2901M and 

R–2901N, respectively. This adds 

restricted airspace up to but not 

including 14,000 feet MSL in those parts 

of the Range. The lateral boundaries of 

R–2901B are expanded so that R–2901B 

overlies all other APAFR restricted areas 

that are designated below 14,000 feet 

MSL. Also, the ceiling of R–2901B is 

changed to read ‘‘to but not including FL 

180.’’ In order to provide the higher 

restricted airspace needed for training, 

three new restricted areas (R–2901J, R– 

2901K and R–2901L) are established 

above R–2901B. The new R–2901J 

directly overlies R–2901B and extends 

from FL 180 up to but not including FL 

230. The new R–2901K overlies R–2901J 

and extends from FL 230 up to but not 

including FL 310. The new R–2901L 

overlies R–2901K and extends from FL 

310 up to and including FL 400. This 

arrangement of layered restricted area 

subdivisions allows the airspace to be 

activated in segments, as needed, up to 

FL 400. Restricted area segments not 

required for the military mission can be 

released to Miami ARTCC for access by 

nonparticipating aircraft. 

The name of the using agency for all 

APAFR restricted areas is changed to 

read ‘‘U.S. Air Force, Commander, 23rd 

Wing, Det 1, MacDill AFB, FL,’’ to 

reflect the current organizational title. 

The descriptions of restricted areas 

R–2901A, C, D, E, F, G, H and I include 

a minor change to the designated 

altitude descriptions by adding the 

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words ‘‘to but not including’’ before the 

ceiling altitude to prevent overlap with 

the floor of overlying restricted airspace. 

In addition, two points are added to the 

boundary descriptions of restricted 

areas R–2901B, J, K and L at the request 

of the National Aeronautical Charting 

Office. The additional two points fall 

along the existing boundary line and do 

not affect the size or charted depiction 

of the areas. 

With the exception of editorial 

changes, and the changes described 

above, this amendment is the same as 

that proposed in the NPRM. 

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. Therefore, this proposed 

regulation: (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 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 

it will restructure the SUA at the 

APAFR in Florida. 

Environmental Review 

The FAA has reviewed the Avon Park 

Air Force Range, FL, Special Use 

Airspace modifications and has 

determined that the project is 

categorically excluded from further 

environmental documentation in 

accordance with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures,’’ Paragraph 311d. The 

implementation of this action will not 

result in any extraordinary 

circumstances in accordance with Order 

1050.1E. 

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. § 73.29 is amended as follows: 

* * * * * 

R–2901A Avon Park, FL [Amended] 

By removing the current designated 

altitudes and using agency and substituting 

the following: 

Designated altitudes. Surface to but not 

including 14,000 feet MSL. 

Using agency. U.S. Air Force, Commander, 

23rd Wing, Det 1, MacDill AFB, FL 

* * * * * 

R–2901B Avon Park, FL [Revised] 

Boundaries. Beginning at lat. 28°00′01′′ N., 

long. 81°20′59′′ W.; to lat. 28°00′01′′ N., long. 

81°13′59′′ W.; to lat. 27°44′46′′ N., long. 

81°13′59′′ W.; to lat. 27°44′46′′ N., long. 

81°11′39′′ W.; to lat. 27°35′01′′ N., long. 

81°08′59′′ W.; to lat. 27°32′31′′ N., long. 

81°07′29′′ W.; to lat. 27°29′31′′ N., long. 

81°05′29′′ W.; to lat. 27°21′01′′ N., long. 

80°59′59′′ W.; to lat. 27°16′46′′ N., long. 

81°05′59′′ W.; to lat. 27°24′46′′ N., long. 

81°10′59′′ W.; to lat. 27°30′46′′ N., long. 

81°17′49′′ W.; to lat. 27°32′33′′ N., long. 

81°21′39′′ W.; to lat. 27°42′01′′ N., long. 

81°25′19′′ W.; to lat. 27°55′01′′ N., long. 

81°25′19′′ W.; to the point of beginning. 

Designated altitudes. 14,000 feet MSL to 

but not including FL 180. 

Time of designation. Intermittent, 0600– 

2400, Monday–Friday; 0800–1800, Saturday– 

Sunday; other times by NOTAM 6 hours in 

advance. 

Controlling agency. FAA, Miami ARTCC. 

Using agency. U.S. Air Force, Commander, 

23rd Wing, Det 1, MacDill AFB, FL. 

* * * * * 

R–2901C Avon Park, FL [Amended] 

By removing the current designated 

altitudes and using agency and substituting 

the following: 

Designated altitudes. Surface to but not 

including 14,000 feet MSL. 

Using agency. U.S. Air Force, Commander, 

23rd Wing, Det 1, MacDill AFB, FL. 

* * * * * 

R–2901D Avon Park, FL [Amended] 

By removing the current designated 

altitudes and using agency and substituting 

the following: 

Designated altitudes. 500 feet MSL to but 

not including 4,000 feet MSL east of long. 

81°21′00′′ W.; 1,000 feet AGL to but not 

including 4,000 feet MSL west of long. 

81°21′00′′ W. 

Using agency. U.S. Air Force, Commander, 

23rd Wing, Det 1, MacDill AFB, FL. 

* * * * * 

R–2901E Avon Park, FL [Amended] 

By removing the current designated 

altitudes and using agency and substituting 

the following: 

Designated altitudes. 1,000 feet MSL to but 

not including 4,000 feet MSL. 

Using agency. U.S. Air Force, Commander, 

23rd Wing, Det 1, MacDill AFB, FL. 

* * * * * 

R–2901F Avon Park, FL [Amended] 

By removing the current designated 

altitudes and substituting the following: 

Designated altitudes. 4,000 feet MSL to but 

not including 5,000 feet MSL. 

Using agency. U.S. Air Force, Commander, 

23rd Wing, Det 1, MacDill AFB, FL. 

* * * * * 

R–2901G Avon Park, FL [Amended] 

By removing the current designated 

altitudes and using agency and substituting 

the following: 

Designated altitudes. Surface to but not 

including 5,000 feet MSL. 

Using agency. U.S. Air Force, Commander, 

23rd Wing, Det 1, MacDill AFB, FL. 

* * * * * 

R–2901H AvonPark, FL [Amended] 

By removing the current designated 

altitudes and using agency and substituting 

the following: 

Designated altitudes. 1,000 feet MSL to but 

not including 4,000 feet MSL. 

Using agency. U.S. Air Force, Commander, 

23rd Wing, Det 1, MacDill AFB, FL. 

* * * * * 

R–2901I AvonPark, FL [Amended] 

By removing the current designated 

altitudes and using agency and substituting 

the following: 

Designated altitudes. 1,500 feet MSL to but 

not including 4,000 feet MSL 

Using agency. U.S. Air Force, Commander, 

23rd Wing, Det 1, MacDill AFB, FL. 

* * * * * 

R–2901J, Avon Park, FL [New] 

Boundaries. Beginning at lat. 28°00′01′′ N., 

long. 81°20′59′′ W.; to lat. 28°00′01′′ N., long. 

81°13′59′′ W.; to lat. 27°44′46′′ N., long. 

81°13′59′′ W.; to lat. 27°44′46′′ N., long. 

81°11′39′′ W.; to lat. 27°35′01′′ N., long. 

81°08′59′′ W.; to lat. 27°32′31′′ N., long. 

81°07′29′′ W.; to lat. 27°29′31′′ N., long. 

81°05′29′′ W.; to lat. 27°21′01′′ N., long. 

80°59′59′′ W.; to lat. 27°16′46′′ N., long. 

81°05′59′′ W.; to lat. 27°24′46′′ N., long. 

81°10′59′′ W.; to lat. 27°30′46′′ N., long. 

81°17′49′′ W.; to lat. 27°32′33′′ N., long. 

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28756 Federal Register / Vol. 75, No. 99 / Monday, May 24, 2010 / Rules and Regulations 

81°21′39′′ W.; to lat. 27°42′01′′ N., long. 

81°25′19′′ W.; to lat. 27°55′01′′ N., long. 

81°25′19′′ W.; to the point of beginning. 

Designated altitudes. FL 180 to but not 

including FL 230. 

Time of designation. Intermittent, 0600– 

2400, Monday–Friday; 0800–1800, Saturday– 

Sunday; other times by NOTAM 6 hours in 

advance. 

Controlling agency. FAA, Miami ARTCC. 

Using agency. U.S. Air Force, Commander, 

23rd Wing, Det 1, MacDill AFB, FL. 

* * * * * 

R–2901K Avon Park, FL [New] 

Boundaries. Beginning at lat. 28°00′01′′ N., 

long. 81°20′59′′ W.; to lat. 28°00′01′′ N., long. 

81°13′59′′ W.; to lat. 27°44′46′′ N., long. 

81°13′59′′ W.; to lat. 27°44′46′′ N., long. 

81°11′39′′ W.; to lat. 27°35′01′′ N., long. 

81°08′59′′ W.; to lat. 27°32′31′′ N., long. 

81°07′29′′ W.; to lat. 27°29′31′′ N., long. 

81°05′29′′ W., to lat. 27°21′01′′ N., long. 

80°59′59′′ W.; to lat. 27°16′46′′ N., long. 

81°05′59′′ W.; to lat. 27°24′46′′ N., long. 

81°10′59′′ W.; to lat. 27°30′46′′ N., long. 

81°17′49′′ W.; to lat. 27°32′33′′ N., long. 

81°21′39′′ W.; to lat. 27°42′01′′ N., long. 

81°25′19′′ W.; to lat. 27°55′01′′ N., long. 

81°25′19′′ W.; to the point of beginning. 

Designated altitudes. FL 230 to but not 

including FL 310. 

Time of designation. Intermittent, 0600– 

2400, Monday–Friday; 0800–1800, Saturday– 

Sunday; other times by NOTAM 6 hours in 

advance. 

Controlling agency. FAA, Miami ARTCC. 

Using agency. U.S. Air Force, Commander, 

23rd Wing, Det 1, MacDill AFB, FL. 

* * * * * 

R–2901L Avon Park, FL [New] 

Boundaries. Beginning at lat. 28°00′01′′ N., 

long. 81°20′59′′ W.; to lat. 28°00′01′′ N., long. 

81°13′59′′ W.; to lat. 27°44′46′′ N., long. 

81°13′59′′ W.; to lat. 27°44′46′′ N., long. 

81°11′39′′ W.; to lat. 27°35′01′′ N., long. 

81°08′59′′ W.; to lat. 27°32′31′′ N., long. 

81°07′29′′ W.; to lat. 27°29′31′′ N., long. 

81°05′29′′ W.; to lat. 27°21′01′′ N., long. 

80°59′59′′ W.; to lat. 27°16′46′′ N., long. 

81°05′59′′ W.; to lat. 27°24′46′′ N., long. 

81°10′59′′ W.; to lat. 27°30′46′′ N., long. 

81°17′49′′ W.; to lat. 27°32′33′′ N., long. 

81°21′39′′ W.; to lat. 27°42′01′′ N., long. 

81°25′19′′ W.; to lat. 27°55′01′′ N., long. 

81°25′19′′ W.; to the point of beginning. 

Designated altitudes. FL 310 to FL 400. 

Time of designation. Intermittent, 0600– 

2400, Monday–Friday; 0800–1800, Saturday– 

Sunday; other times by NOTAM 6 hours in 

advance. 

Controlling agency. FAA, Miami ARTCC. 

Using agency. U.S. Air Force, Commander, 

23rd Wing, Det 1, MacDill AFB, FL. 

* * * * * 

R–2901M Avon Park, FL [New] 

Boundaries. Beginning at lat. 28°00′01′′ N., 

long. 81°20′59′′ W.; to lat. 28°00′01′′ N., long. 

81°13′59′′ W.; to lat. 27°48′31′′ N., long. 

81°13′59′′ W.; thence west along Florida State 

Routes 60 and 630 to lat. 27°46′01′′ N., long. 

81°25′19′′ W.; to lat. 27°55′01′′ N., long. 

81°25′19′′ W.; to the point of beginning. 

Designated altitudes. 4,000 feet MSL to but 

not including 14,000 feet MSL. 

Time of designation. Intermittent, 0600– 

2400, Monday–Friday; 0800–1800, Saturday– 

Sunday; other times by NOTAM 6 hours in 

advance. 

Controlling agency. FAA, Miami ARTCC. 

Using agency. U.S. Air Force, Commander, 

23rd Wing, Det 1, MacDill AFB, FL. 

* * * * * 

R–2901N Avon Park, FL [New] 

Boundaries. Beginning at lat. 27°32′33′′ N., 

long. 81°21′39′′ W.; to lat. 27°32′37′′ N., long. 

81°16′46′′ W.; to lat. 27°29′01′′ N., long. 

81°13′29′′ W.; to lat. 27°32′31′′ N., long. 

81°07′29′′ W.; to lat. 27°29′31′′ N., long. 

81°05′29′′ W.; to lat. 27°21′01′′ N., long. 

80°59′59′′ W.; to lat. 27°16′46′′ N., long. 

81°05′59′′ W.; to lat. 27°24′46′′ N., long. 

81°10′59′′ W.; to lat. 27°30′46′′ N., long. 

81°17′49′′ W.; to the point of beginning. 

Designated altitudes. 5,000 feet MSL to but 

not including 14,000 feet MSL north of a line 

from lat. 27°24′46′′ N., long. 81°10′59′′ W.; to 

lat. 27°29′31′′ N., long. 81°05′29′′ W.; 4,000 

feet MSL to but not including 14,000 feet 

MSL south of that line. 

Time of designation. Intermittent, 0600– 

2400, Monday–Friday; 0800–1800, Saturday– 

Sunday; other times by NOTAM 6 hours in 

advance. 

Controlling agency. FAA, Miami ARTCC. 

Using agency. U.S. Air Force, Commander, 

23rd Wing, Det 1, MacDill AFB, FL. 

Issued in Washington, DC, on May 18, 

2010. 

Edith V. Parish, 

Manager, Airspace & Rules Group. 

[FR Doc. 2010–12409 Filed 5–21–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2010–0471; Airspace 

Docket No. 10–AWP–7] 

RIN 2120–AA66 

Amendment of Restricted Area R– 

2502A; Fort Irwin, CA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action changes the 

controlling agency of Restricted Area R– 

2502A, Fort Irwin, CA, from ‘‘FAA, HiDesert TRACON, Edwards, CA’’ to 

‘‘FAA, Los Angeles ARTCC.’’ The FAA 

is taking this action in response to an 

administrative change of responsibility 

for the restricted area. This action does 

not change any boundaries, times of 

designation, or activities conducted in 

the restricted airspace area. 

DATES: Effective date 0901 UTC, July 29, 

2010. 

FOR FURTHER INFORMATION CONTACT: Ken 

McElroy, Airspace and Rules Group, 

Office of System Operations Airspace 

and AIM, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 73 by 

changing the controlling agency for 

R–2502A from ‘‘FAA, Hi-Desert 

TRACON, Edwards, CA’’ to ‘‘FAA, Los 

Angeles ARTCC.’’ This is an 

administrative change and does not 

affect the boundaries, designated 

altitudes, or activities conducted within 

the restricted area, therefore, notice and 

public procedures under 5 U.S.C. 553(b) 

is unnecessary. 

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. Therefore, this regulation: (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 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 

it amends a restricted area in California. 

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 

WReier-Aviles on DSKGBLS3C1PROD with RULES