Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Rules and Regulations 53649 

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 establishes a VOR Federal Airway in 

Utah. 

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 311a. This airspace action is 

not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

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. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9T, 

Airspace Designations and Reporting 

Points, signed August 27, 2009, and 

effective September 15, 2009, is 

amended as follows: 

Paragraph 6010(a) Domestic VOR Federal 

Airways. 

* * * * * 

V–626 [New] 

From Myton, UT, to int Myton 264 and 

Fairfield VORTAC 126 

* * * * * 

Issued in Washington, DC, on October 14, 

2009. 

Kelly J. Neubecker, 

Acting Manager, Airspace and Rules Group. 

[FR Doc. E9–25084 Filed 10–19–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2009–0700; Airspace 

Docket No. 09–AWP–4] 

RIN 2120–AA66 

Modification of Restricted Areas and 

Other Special Use Airspace; Fallon, NV 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends the time 

of designation and using agency of nine 

restricted areas located in the vicinity of 

the Fallon Naval Air Station (NAS), 

Fallon, NV, as part of a Department of 

the Navy initiative to standardize the 

operating hours throughout the Fallon 

Airspace Complex. The times of use are 

being expanded to meet the critical need 

of the Navy for additional nighttime 

training, and the using agency changes 

are administrative in accordance with a 

Navy realignment of functions. 

Additionally, this action modifies the 

times of use of the four military 

operation areas (MOAs) in the Fallon 

Airspace Complex. Unlike restricted 

areas, which are designated under 14 

CFR part 73, MOAs are not rulemaking 

airspace actions. The MOA changes 

described here were published in the 

National Flight Data Digest (NFDD). The 

Navy requested these airspace changes 

to provide additional night training time 

to meet combat readiness requirements 

currently being carried out in 

accordance with 14 CFR 99.7. 

DATES: Effective Date: 0901 UTC, 

December 17, 2009. 

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: 

History 

On September July 15, 2009, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to 

modify Restricted Areas and other 

Special Use Airspace; Fallon, NV (74 FR 

47150). Interested parties were invited 

to participate in this rulemaking effort 

by submitting written comments on the 

proposal. No comments were received. 

Section 73.48 of 14 CFR part 73 was 

republished in FAA Order 7400.8R, 

dated February 5, 2009. 

The Fallon Airspace Complex consists 

of nine restricted areas and four MOAs 

in the vicinity of the Fallon NAS, NV. 

Restricted areas are regulatory airspace 

designations, under Title 14 Code of 

Federal Regulations (14 CFR) part 73, 

which are established to confine or 

segregate activities considered 

hazardous to non-participating aircraft. 

A MOA is a non-rulemaking type of 

special use airspace (SUA) established 

to separate or segregate certain nonhazardous military flight activities from 

aircraft operating in accordance with 

instrument flight rules (IFR), and to 

identify for visual flight rules (VFR) 

pilots where those activities are 

conducted. IFR aircraft may be routed 

through an active MOA 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. 

Unlike restricted areas, which are 

designated through rulemaking 

procedures, MOAs are non-rulemaking 

airspace areas that are established 

administratively and published in the 

NFDD. Normally, MOA proposals are 

not published in a NPRM, but instead, 

are advertised for public comment 

through a nonrule circular that is 

distributed by an FAA Service Center 

office to aviation interests in the 

affected area. However, when a nonrulemaking action is connected to a 

rulemaking action, FAA procedures 

allow for the non-rulemaking proposal 

to be included in the NPRM. In such 

cases, the NPRM replaces the nonrule 

circularization requirement. Because the 

MOAs are an integral part of the Fallon 

Airspace Complex, they are being 

included in this Rule. 

The SUA changes are described in the 

following sections. 

MOA Changes: 

Churchill Low MOA, NV 

Times of use. 0715 to 2245 Monday 

through Friday and 0800 to 1800 Saturday; 

other times by NOTAM. 


cprice-sewell on DSKGBLS3C1PROD with RULES
53650 Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Rules and Regulations 

Churchill High MOA, NV 

Times of use. 0715 to 2245 Monday 

through Friday and 0800 to 1800 Saturday; 

other times by NOTAM. 

Ranch High MOA, NV 

Times of use. 0715 to 2245 Monday 

through Friday and 0800 to 1800 Saturday; 

other times by NOTAM. 

Ranch MOA, NV 

Times of use. 0715 to 2245 Monday 

through Friday and 0800 to 1800 Saturday; 

other times by NOTAM. 

The Rule 

The FAA is amending to 14 CFR part 

73 to modify the designated times of use 

to restricted areas R–4803, Fallon; R– 

4804A & B, Twin Peaks; R–4810, Desert 

Mountain; R–4812, Sand Springs; R– 

4813A & B, Carson Sink; and R–4816 

North & South, Dixie Valley, NV. 

Specifically, the FAA is changing the 

current wording to include the phrase 

‘‘other times by NOTAM’’. This will 

allow the Navy to train between 2330 

hours and 0715 hours local to meet their 

training requirements. The Navy is 

currently meeting these night training 

requirements in accordance with 14 

CFR 99.7, Special Security Instructions. 

This action also reflects the using 

agency name change to USN, Naval 

Strike and Air Warfare Center, Fallon, 

NV. 

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 at 

Fallon NAS, Fallon, NV. 

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 

307e. This airspace action is not 

expected to cause any potentially 

significant environmental impacts, and 

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 

■ 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. 

§ 73.48 [Amended] 

■ 2. § 73.48 is amended as follows: 

* * * * * 

R–4803 Fallon, NV [Amended] 

* * * * * 

By removing the current times of 

designation and using agency and 

substituting the following: 

Time of designation. 0715 to 2330 local 

time daily; other times by NOTAM. 

Using agency. USN, Naval Strike and Air 

Warfare Center, Fallon, NV. 

R–4804A Twin Peaks, NV [Amended] 

* * * * * 

By removing the current times of 

designation and using agency and 

substituting the following: 

Time of designation. 0715 to 2330 local 

time daily; other times by NOTAM. 

Using agency. USN, Naval Strike and Air 

Warfare Center, Fallon, NV. 

R–4804B Twin Peaks, NV [Amended] 

* * * * * 

By removing the current times of 

designation and using agency and 

substituting the following: 

Time of designation. Intermittent 0715 to 

2330 local time daily; other times by 

NOTAM. 

Using agency. USN, Naval Strike and Air 

Warfare Center, Fallon, NV. 

* * * * * 

R–4810 Desert Mountains, NV [Amended] 

* * * * * 

By removing the current times of 

designation and using agency and 

substituting the following: 

Time of designation. 0715 to 2330 local 

time daily; other times by NOTAM 

Using agency. USN, Naval Strike and Air 

Warfare Center, Fallon, NV. 

* * * * * 

R–4812 Sand Springs, NV [Amended] 

By removing the current times of 

designation and using agency and 

substituting the following: 

Time of designation. 0715 to 2330 local 

time daily; other times by NOTAM 

Using agency. USN, Naval Strike and Air 

Warfare Center, Fallon, NV. 

R–4813A Carson Sink, NV [Amended] 

* * * * * 

By removing the current times of 

designation and using agency and 

substituting the following: 

Time of designation. 0715 to 2330 local 

time daily; other times by NOTAM 

Using agency. USN, Naval Strike and Air 

Warfare Center, Fallon, NV. 

R–4813B Carson Sink, NV [Amended] 

* * * * * 

By removing the current times of 

designation and using agency and 

substituting the following: 

Time of designation. Intermittent 0715 to 

2330 local time daily; other times by 

NOTAM. 

Using agency. USN, Naval Strike and Air 

Warfare Center, Fallon, NV. 

R–4816N Dixie Valley, NV [Amended] 

* * * * * 

By removing the current times of 

designation and using agency and 

substituting the following: 

Time of designation. 0715 to 2330 local 

time daily; other times by NOTAM 

Using agency. USN, Naval Strike and Air 

Warfare Center, Fallon, NV. 

R–4816S Dixie Valley, NV [Amended] 

* * * * * 

By removing the current times of 

designation and using agency and 

substituting the following: 

Time of designation. 0715 to 2330 local 

time daily; other times by NOTAM 

Using agency. USN, Naval Strike and Air 

Warfare Center, Fallon, NV. 

* * * * * 

Issued in Washington, DC, on October 14, 

2009. 

Kelly J. Neubecker, 

Acting Manager, Airspace and Rules Group. 

[FR Doc. E9–25077 Filed 10–19–09; 8:45 am] 

BILLING CODE P 


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