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Rules and Regulations Federal Register

21817 

Vol. 78, No. 71 

Friday, April 12, 2013 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2012–0561; Airspace 

Docket No. 12–AEA–7] 

RIN 2120–AA66 

Amendment of Restricted Area 

R–6601; Fort A.P. Hill, VA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action expands the 

vertical limits and time of designation of 

restricted area R–6601, Fort A.P. Hill, 

VA. The U.S. Army requested this 

action to provide the additional airspace 

needed to conduct training in highangle weapons systems employment. 

DATES: Effective date 0901 UTC, June 

27, 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: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

History 

The FAA published in the Federal 

Register a notice of proposed 

rulemaking to expand the vertical limits 

and increase the time of designation of 

restricted area R–6601, Fort A.P. Hill, 

VA, (77 FR 35308, June 13, 2012). 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal. One comment was received. 

Discussion of Comments 

The Aircraft Owners and Pilots 

Association (AOPA) was concerned 

about the impact that expanding the 

restricted area’s vertical limits and the 

time of designation would have on 

Instrument Flight Rules (IFR) access to 

VOR Federal airway V–376, which 

crosses through the restricted airspace. 

AOPA asserted that raising the 

restricted area ceiling from the current 

5,000 feet MSL to 9,000 feet MSL would 

potentially force pilots to deviate from 

the airway and circumnavigate the area. 

The FAA agrees that there could be 

some impact on the use of V–376, 

between the altitudes of 5,000 feet MSL 

and 9,000 feet MSL, when R–6601B and 

R–6601C are active. However, R–6601B 

and C are reserved only for high-angle 

weapons system training operations and 

the proponent is not planning to use 

those areas as much as R–6601A. The 

estimated use of R–6601B and C is 60 

days per year, five hours per day. It 

should be noted that lowering the 

ceiling of R–6601A from the current 

5,000 feet MSL to 4,500 feet MSL opens 

an additional IFR cardinal altitude at 

5,000 feet MSL along V–376 when R– 

6601B and C are not in use. 

Additionally, the FAA examined IFR 

traffic along V–376 and found that nine 

aircraft per week used the airway at 

6,000 feet and 17 per week at 8,000 feet. 

Given the limited use of R–6601B and 

C, and the relatively low weekly traffic 

count, the FAA expects that the impact 

to users would be minimal. 

AOPA was also concerned about three 

hour increase in the time of designation 

for R–6601A, combined with the 

proposed reduction of the advance 

NOTAM requirement for activation of 

the airspace from the current 48 hours 

to 24 hours. AOPA requested that the 

actual time of use be reevaluated to 

minimize the impact on the aviation 

community and that the current 

advance NOTAM requirement times be 

retained or increased to give pilots more 

lead time to properly plan for operations 

around R–6601. 

The current time of designation for R– 

6601 is ‘‘0700 to 2300.’’ This limits the 

proponent’s flexibility when a need 

arises to extend training beyond 2300. 

Currently, R–6601 may be activated 

outside the ‘‘core hours’’ by NOTAM, 

but that NOTAM must be issued 48 

hours in advance. Therefore, if, due to 

circumstances, training is not completed 

by 2300 the unit is forced to delay, 

reschedule or cancel the training 

because it is too late at that point to 

issue a NOTAM to extend the hours. 

The three hour extension of the time of 

designation to 0200 daily is expected to 

capture most training activities and this 

would reduce the need to reschedule 

training days. The proponent has agreed 

to retain the 48 hour advance NOTAM 

requirement for all three restricted 

areas. In addition, the proponent agreed 

to the addition of the term 

‘‘intermittent’’ to the time of designation 

for R–6601B and C to indicate the less 

frequent usage of those areas. The FAA 

believes that the impact to general 

aviation would be slight between the 

hours of 2300 and 0200. 

A Letter of Agreement will be 

concluded between the FAA controlling 

agency and the using agency governing 

operations of the restricted areas and 

stipulating that the controlling agency 

can recall the airspace in the event of 

Severe Weather Avoidance Plan (SWAP) 

implementation, weather diverts and 

emergencies. 

The Rule 

The FAA is amending 14 CFR part 73 

to expand the vertical limits and the 

time of designation for restricted area R– 

6601, Fort A.P. Hill, VA. R–6601 

currently extends from the ‘‘surface to 

5,000 feet MSL,’’ with a time of 

designation of ‘‘0700 to 2300 local time 

daily; other times by NOTAM at least 48 

hours in advance.’’ 

The modified restricted airspace 

extends from the surface up to 9,000 feet 

MSL and consists of three subareas 

designated R–6601A, R–6601B and R– 

6601C. The new R–6601A has the same 

lateral boundary as the original R–6601. 

However, the ceiling of R–6601A is 

lowered by 500 feet to but not including 

4,500 feet MSL instead of the current 

5,000 feet MSL for the existing restricted 

area. R–6601B extends from 4,500 feet 

MSL to but not including 7,500 feet 

MSL; and R–6601C extends from 7,500 

feet MSL to 9,000 feet MSL. Subdividing 

the airspace in this manner allows the 

option to activate only that portion of 

restricted airspace required for training 

while leaving the remaining airspace 

available for other users. 

R–6601B and R–6601C overlie the 

boundaries of R–6601A, except at the 

northeast end where the shared R– 

6601B and R–6601C boundary is moved 

southwesterly by approximately 3⁄4 mile 

from R–6601A’s northeastern boundary. 

This provides a buffer between R–6601B 

and R–6601C and the centerline of VOR 

Federal airway V–286, which is located 

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21818 Federal Register / Vol. 78, No. 71 / Friday, April 12, 2013 / Rules and Regulations 

northeast of the restricted areas (Note: In 

the NPRM, V–286 was incorrectly 

identified as V–386). 

The time of designation for R–6601A 

is increased by three hours daily from 

the current ‘‘0700 to 2300 local time 

daily,’’ to ‘‘0700 to 0200 local time 

daily.’’ The advance NOTAM 

requirement for activation of R–6601A 

at other times remains at 48 hours rather 

than being reduced to 24 hours as 

proposed in the NPRM. The time of 

designation for both R–6601B and R– 

6601C is ‘‘Intermittent by NOTAM at 

least 48 hours in advance.’’ 

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, 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 modifies 

restricted area airspace to support 

military requirements at Fort A.P. Hill, 

VA. 

Environmental Review 

In accordance with FAA Order 

1050.1E, paragraphs 402 and 404d, the 

FAA has conducted an independent 

evaluation of the United States Army’s 

Environmental Assessment for Airspace 

Modification at Army Garrison Fort A.P. 

Hill, Bowling Green, Virginia, dated 

June 2012 (hereinafter the EA) regarding 

the modification of airspace at Fort A.P. 

Hill. The FAA adopted the EA and 

prepared a Finding of No Significant 

Impact/Record of Decision dated 

February 2013. The FAA has 

determined that no significant impacts 

would occur as a result of the Federal 

Action and therefore that preparation of 

an Environmental Impact Statement is 

not warranted and a Finding of No 

Significant Impact in accordance with 

40 CFR Part 1501.4(e) is appropriate. 

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 

■ 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. 

§ 73.66 [Amended] 

■ 2. Section 73.66 is amended as 

follows: 

* * * * * 

1. R–6601 Fort A.P. Hill, VA [Removed] 

2. R–6601A Fort A.P. Hill, VA [New] 

Boundaries. Beginning at lat. 

38°04′37′′ N., long. 77°18′44′′ W.; then 

along U.S. Highway 301; to lat. 

38°09′45′′ N., long. 77°11′59′′ W.; then 

along U.S. Highway 17; to lat. 38°07′50′′ 

long. 77°08′29′′ W.; to lat. 38°05′30′′ N., 

long. 77°09′05′′ W.; to lat. 38°04′40′′ N., 

long. 77°10′19′′ W.; to lat. 38°03′12′′ N., 

long. 77°09′34′′ W.; to lat. 38°02′22′′ N., 

long. 77°11′39′′ W.; to lat. 38°02′30′′ N., 

long. 77°14′39′′ W.; to lat. 38°01′50′′ N., 

long. 77°16′07′′ W.; to lat. 38°02′15′′ N., 

long. 77°18′03′′ W.; to lat. 38°02′40′′ N., 

long. 77°18′59′′ W.; then to the point of 

beginning. 

Designated altitudes. Surface to but 

not including 4,500 feet MSL. 

Time of Designation. 0700 to 0200 

local time daily. Other times by 

NOTAM at least 48 hours in advance. 

Controlling agency. FAA, Potomac 

TRACON. 

Using agency. U.S. Army, 

Commander, Fort A.P. Hill, VA. 

3. R–6601B Fort A.P. Hill, VA [New] 

Boundaries. Beginning at lat. 

38°04′37′′ N., long. Long. 77°18′44′′ W.; 

then along U.S. Highway 301 to lat. 

38°09′38′′ N., long. 77°12′07′′ W.; to lat. 

38°07′09′′ N., long. 77°08′40′′ W.; to lat. 

38°05′30′′ N., long. 77°09′05′′ W.; to lat. 

38°04′40′′ N., long. 77°10′19′′ W.; to lat. 

38°03′12′′ N., long. 77°09′34′′ W.; to lat. 

38°02′22′′ N., long. 77°11′39′′ W.; to lat. 

38°02′30′′ N., long. 77°14′39′′ W.; to lat. 

38°01′50′′ N., long. 77°16′07′′ W.; to lat. 

38°02′15′′ N., long. 77°18′03′′ W.; to lat. 

38°02′40′′ N., long. 77°18′59′′ W.; then to 

the point of beginning. 

Designated altitudes. 4,500 feet MSL 

to but not including 7,500 feet MSL. 

Time of designation. Intermittent by 

NOTAM at least 48 hours in advance. 

Controlling agency. FAA, Potomac 

TRACON. 

Using agency. U.S. Army, 

Commander, Fort A.P. Hill, VA. 

4. R–6601C Fort A.P. Hill, VA [New] 

Boundaries. Beginning at lat. 

38°04′37′′ N., long. Long. 77°18′44′′ W.; 

then along U.S. Highway 301 to lat. 

38°09′38′′ N., long. 77°12′07′′ W.; to lat. 

38°07′09′′ N., long. 77°08′40′′ W.; to lat. 

38°05′30′′ N., long. 77°09′05′′ W.; to lat. 

38°04′40′′ N., long. 77°10′19′′ W.; to lat. 

38°03′12′′ N., long. 77°09′34′′ W.; to lat. 

38°02′22′′ N., long. 77°11′39′′ W.; to lat. 

38°02′30′′ N., long. 77°14′39′′ W.; to lat. 

38°01′50′′ N., long. 77°16′07′′ W.; to lat. 

38°02′15′′ N., long. 77°18′03′′ W.; to lat. 

38°02′40′′ N., long. 77°18′59′′ W.; then to 

the point of beginning. 

Designated altitudes. 7,500 feet MSL 

to 9,000 feet MSL. 

Time of designation. Intermittent by 

NOTAM at least 48 hours in advance. 

Controlling agency. FAA, Potomac 

TRACON. 

Using agency. U.S. Army, 

Commander, Fort A.P. Hill, VA. 

* * * * * 

Issued in Washington, DC, on April 4, 

2013. 

Gary A. Norek, 

Manager, Airspace Policy and ATC 

Procedures Group. 

[FR Doc. 2013–08582 Filed 4–11–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA–357] 

Schedules of Controlled Substances: 

Placement of Methylone Into 

Schedule I 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Final rule. 

SUMMARY: With the issuance of this final 

rule, the Administrator of the Drug 

Enforcement Administration (DEA) 

places the substance 3,4- 

methylenedioxy-N-methylcathinone 

mstockstill on DSK6TPTVN1PROD with RULES