This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

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Rules and Regulations Federal Register

61989 

Vol. 79, No. 200 

Thursday, October 16, 2014 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2014–0760; Airspace 

Docket No. 14–ANE–8] 

RIN 2120–AA66 

Revocation of Restricted Areas R– 

4105A and R–4105B; No Man’s Land 

Island, MA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action removes restricted 

areas R–4105A and R–4105B, No Man’s 

Land Island, MA. The Air National 

Guard and U.S. Air Force informed the 

FAA that they no longer have a 

requirement for these areas. 

Management of the land has been 

transferred to the U.S. Fish and Wildlife 

Service. 

DATES: Effective date: 0901 UTC, 

November 17, 2014. 

FOR FURTHER INFORMATION CONTACT: Paul 

Gallant, Airspace Policy and 

Regulations Group, Office of Airspace 

Services, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Background 

No Man’s Land Island, located 

approximately 3 NM south of Martha’s 

Vineyard, MA, has been used by the 

military as a gunnery and bombing 

range dating back to 1943. It was used 

for this purpose until 1996. In 1998, 

management of the Island was 

transferred by the military to the U.S. 

Fish and Wildlife Service and the Island 

was designated a National Wildlife 

Refuge. 

Since restricted areas R–4105A and 

R–4105B, that overlie the Island, are no 

longer utilized, the Air National Guard 

reviewed its future plans and 

requirements and determined that no 

requirement remains for the airspace. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 73 by 

removing restricted areas R–4105A and 

R–4105B, No Man’s Land Island, MA. 

The Air National Guard and the U.S. Air 

Force notified the FAA that they no 

longer require these restricted areas and 

requested that the airspace be returned 

to the National Airspace System. 

Because this action removes restricted 

airspace that is no longer needed for 

military purposes and returns the 

airspace to the National Airspace 

System, I find that notice and public 

procedure under 5 U.S.C. 553(b) is 

unnecessary. 

The FAA has determined that this 

action 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 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 only affects air traffic 

procedures and air navigation, 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. 

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 returns restricted airspace that is no 

longer needed by the military to the 

National Airspace System. 

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 action returns restricted 

airspace to the National Airspace 

System. It 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 

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. 

§ 73.41 [Amended] 

■ 2. Section 73.41 is amended as 

follows: 

* * * * * 

■ 1. R–4105A No Man’s Land Island, 

MA [Removed] 

■ 2. R–4105B No Man’s Land Island, 

MA [Removed] 

Issued in Washington, DC, on October 8, 

2014. 

Gary A. Norek, 

Manager, Airspace Policy and Regulations 

Group. 

[FR Doc. 2014–24619 Filed 10–15–14; 8:45 am] 

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