[Federal Register Volume 88, Number 225 (Friday, November 24, 2023)]
[Rules and Regulations]
[Pages 82257-82259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25850]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2023-0242; Airspace Docket No. 23-ASO-25]
RIN 2120-AA66


Renaming of Restricted Areas R-2103A and R-2103B; Fort Rucker, AL

AGENCY: Federal Aviation Administration (FAA), DOT.

[[Page 82258]]


ACTION: Final rule.

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SUMMARY: This action is an administrative change to rename restricted 
areas R-2103A and R-2103B, Fort Rucker, AL, and to update the using 
agency description to reflect the change. This action partially 
implements recommendations of the Commission on the Naming of Items 
(Naming Commission) of the Department of Defense (DoD) as established 
by section 370 of the Fiscal Year (FY) 2021 National Defense 
Authorization Act (NDAA).

DATES: Effective date 0901 UTC, January 25, 2024.

ADDRESSES: A copy of this final rule, and all background material may 
be viewed online at www.regulations.gov using the FAA Docket number. 
Electronic retrieval help and guidelines are available on the website. 
It is available 24 hours each day, 365 days each year.

FOR FURTHER INFORMATION CONTACT: Brian Vidis, Rules and Regulations 
Group, Office of Policy, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking

    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 updates the information in the airspace descriptions of 
restricted areas R-2103A and R-2103B.

Background

    The FY 2021 NDAA directed the DoD to establish a commission 
relating to assigning, modifying, or removing of names, symbols, 
displays, monuments, and paraphernalia to assets of the DoD that 
commemorate the Confederate States of America or any person who served 
voluntarily with the Confederate States of America.\1\ In January 2023, 
the Secretary of Defense directed all DoD organizations to begin full 
implementation of the Naming Commission's recommendations. As approved 
by the Secretary of Defense, the name ``Fort Rucker, AL'' is changed to 
``Fort Novosel, AL''. Consequently, this rulemaking action implements 
the requisite changes to part 73 by updating the airspace descriptions 
of restricted areas R-2103A and R-2103B to reflect the new name.
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    \1\ Public Law 116-283, 134 Stat. 3388, Jan. 1, 2021.
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The Rule

    This action amends 14 CFR part 73 by updating the airspace titles 
and using agency descriptions for restricted areas R-2103A and R-2103B 
by removing the name ``Fort Rucker, AL'' and replacing it with ``Fort 
Novosel, AL''. Additionally, the FAA added the word ``statute'' to the 
part 73 description to clarify the unit of measurement for the radius 
of each volume of airspace. This action consists of administrative name 
changes only and does not affect the boundaries, altitudes, time of 
designation, or activities conducted in the airspace. Therefore, notice 
and public procedure under 5 U.S.C. 553(b) is unnecessary.

Regulatory Notices and Analyses

    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. 
It, therefore: (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 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.

Environmental Review

    The FAA has determined that this action of making administrative 
name changes to restricted areas R-2103A and R-2103B, which do not 
alter the boundaries, altitudes, or time of designation, qualifies for 
categorical exclusion under the National Environmental Policy Act (42 
U.S.C. 4321 et seq.) and its implementing regulations at 40 CFR part 
1500, and in accordance with FAA Order 1050.1F, Environmental Impacts: 
Policies and Procedures, paragraph 5-6.5a, which categorically excludes 
from further environmental impact review rulemaking actions that 
designate or modify classes of airspace areas, airways, routes, and 
reporting points (see 14 CFR part 71, Designation of Class A, B, C, D, 
and E Airspace Areas; Air Traffic Service Routes; and Reporting 
Points); and paragraph 5-6.5d--Modification of the technical 
description of special use airspace (SUA) that does not alter the 
dimensions, altitudes, or times of designation of the airspace (such as 
changes in designation of the controlling or using agency, or 
correction of typographical errors). In accordance with FAA Order 
1050.1F, paragraph 5-2 regarding Extraordinary Circumstances, the FAA 
has reviewed this action for factors and circumstances in which a 
normally categorically excluded action may have a significant 
environmental impact requiring further analysis. Accordingly, the FAA 
has determined that no extraordinary circumstances exist that warrant 
preparation of an environmental assessment or environmental impact 
study.

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

0
1. The authority citation for 14 CFR part 73 continues to read as 
follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O. 
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p.389.


Sec.  73.21  Alabama [Amended]

0
2. Section 73.21 is amended as follows:
* * * * *

R-2103A Fort Rucker, AL [Removed]

R-2103B Fort Rucker, AL [Removed]

R-2103A Fort Novosel, AL [New]

    Boundaries. A circular area with a radius of 4 statute miles 
centered at lat. 31[deg]26'56'' N, long. 85[deg]47'45'' W.
    Designated altitudes. Surface to but not including 10,000 feet. 
MSL.
    Time of designation. Continuous.
    Controlling agency. U.S. Army, Cairns Approach Control.
    Using agency. Commanding General, U.S. Army Aviation Center, Fort 
Novosel, AL.

[[Page 82259]]

R-2103B Fort Novosel, AL [New]

    Boundaries. A circular area with a radius of 4 statute miles 
centered at lat. 31[deg]26'56'' N, long. 85[deg]47'45'' W.
    Designated altitudes. 10,000 feet MSL to 15,000 feet MSL.
    Time of designation. By NOTAM 6 hours in advance.
    Controlling agency. FAA, Jacksonville ARTCC.
    Using agency. Commanding General, U.S. Army Aviation Center, Fort 
Novosel, AL.
* * * * *

    Issued in Washington, DC, on November 17, 2023.
Karen L. Chiodini,
Acting Manager, Airspace Rules and Regulations Group.
[FR Doc. 2023-25850 Filed 11-22-23; 8:45 am]
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