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[Federal Register: October 28, 2010 (Volume 75, Number 208)]
[Rules and Regulations]               
[Page 66303-66304]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28oc10-7]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2010-1014; Airspace Docket No. 10-ASW-14]
RIN 2120-AA66

 
Revocation of Restricted Areas R-3807 Glencoe, LA, and R-6320 
Matagorda, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action removes Restricted Areas R-3807 Glencoe, LA, and 
R-6320 Matagorda, TX. These restricted areas were originally 
established to contain aerostat balloons used in detecting illegal 
entry across the southern border of the United States. The aerostat 
balloons have not been operational for several years and the United 
States Air Force (USAF) has no intent to replace them. Therefore, the 
FAA has determined that a valid requirement for the airspace no longer 
exists.

DATES: Effective date 0901 UTC, January 13, 2011.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace, Regulations 
and ATC Procedures Group, Office of Airspace Services, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591; 
telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION: 

The Rule

    This action amends 14 Code of Federal Regulations (CFR) part 73 by

[[Page 66304]]

removing Special Use Airspace R-3807 Glencoe, LA, and R-6320 Matagorda, 
TX. The Department of Defense no longer has a use for the two 
restricted areas, which were originally established as Tethered Air 
Radar Sites (TARS) to contain aerostat balloons used in detecting 
illegal entry across the southern border of the United States. The 
aerostat balloons have not been operational for several years and the 
USAF has no intent to replace them. Additionally, the USAF no longer 
controls the surface lands underlying the restricted areas and has 
taken action to terminate leases and return the control of the lands to 
the owners. Therefore, the FAA has determined that a valid requirement 
for the airspace no longer exists and the restricted areas are being 
returned to the National Airspace System.
    Sections 73.38 and 73.63 of 14 CFR part 73 were published in FAA 
Order 7400.8S, dated February 16, 2010.
    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.
    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 action: (1) Is not a ``significant regulatory action'' 
under Executive Order 12866; (2) is not a ``significant rule'' under 
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.

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 311c. 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.

Adoption of the Amendment

0
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(g), 40103, 40113, 40120; E.O. 10854, 
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  73.38  Louisiana [Amended]

0
2. Section 73.38 is amended as follows:
* * * * *

R-3807 Glencoe, LA [Removed]

* * * * *

Sec.  73.63  Texas [Amended]

0
3. Section 73.63 is amended as follows:
* * * * *

R-6320 Matagorda, TX [Removed]

    Issued in Washington, DC, on October 21, 2010.
Edith V. Parish,
Manager, Airspace, Regulations and ATC Procedures Group.
[FR Doc. 2010-27251 Filed 10-27-10; 8:45 am]
BILLING CODE 4910-13-P
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