Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Rules and Regulations 83023 

1Public Law 116–283, 134 Stat. 3388, Jan. 1, 

2021. 

respectively, should be updated to 

account for TSO–C166c as part of the 

rulemaking. 

The FAA is revising Advisory 

Circular 20–165B to directly address the 

Technical Standard Orders being 

incorporated by reference into FAA 

regulations through this rulemaking. 

The FAA will make the revision 

available for public comment through 

the Advisory Circular comment process 

prior to issuance. The existing guidance 

can continue to be used until the FAA 

issues the revised Advisory Circular. 

The FAA is also revising Advisory 

Circular 20–172B to address Technical 

Standard Order C195c. However, as 

TSO–C195 and AC 20–172 (and later 

revisions) are standards and guidance 

for ADS–B In equipment, those 

publications are not applicable to this 

rulemaking, which pertains to rules that 

only require ADS–B Out systems, and 

this rulemaking therefore does not 

reference TSO–C195c or AC 20–172C. 

Therefore, the effective date of the 

direct final rule published October 17, 

2023, at 88 FR 71468 is confirmed. 

III. How To Obtain Additional 

Information 

A copy of this direct final rule, the 

confirmation document, and all 

background material may be viewed 

online at https://www.regulations.gov 

using the docket number listed above. A 

copy of this direct final rule 

confirmation will be placed in the 

docket. Electronic retrieval help and 

guidelines are available on the website. 

It is available 24 hours each day, 365 

days each year. An electronic copy of 

this document may also be downloaded 

from the Office of the Federal Register’s 

website at https://

www.federalregister.gov and the 

Government Publishing Office’s website 

at https://www.govinfo.gov. A copy may 

also be found on the FAA’s Regulations 

and Policies website at https://

www.faa.gov/regulations_policies. 

Copies may also be obtained by 

sending a request to the Federal 

Aviation Administration, Office of 

Rulemaking, ARM–1, 800 Independence 

Avenue SW, Washington, DC 20591, or 

by calling (202) 267–9677. Interested 

persons must identify the docket or 

amendment number of this rulemaking. 

All documents the FAA considered in 

developing this rule, including 

economic analyses and technical 

reports, may be accessed in the 

electronic docket for this rulemaking. 

Issued under authority provided by 49 

U.S.C. 106(f), 40103, and 44701, in 

Washington, DC, on November 21, 2023. 

Brandon Roberts, 

Executive Director, Office of Rulemaking. 

[FR Doc. 2023–26145 Filed 11–27–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2023–0243; Airspace 

Docket No. 23–ASO–31] 

RIN 2120–AA66 

Renaming of Restricted Areas R– 

5311A, R–5311B, and R–5311C; Fort 

Bragg, NC 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action is an 

administrative change to rename 

restricted areas R–5311A, R–5311B, and 

R–5311C, Fort Bragg, NC, and to update 

the using agency description to reflect 

the change. Additionally, geographic 

coordinate technical amendments for 

two boundary points listed in the 

restricted areas are made to accurately 

align the existing boundary with the 

Little River referenced in the 

descriptions. 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–5311A, R–5311B, 

and R–5311C. 

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 Bragg, NC’’ is changed 

to ‘‘Fort Liberty, NC.’’ Consequently, 

this rulemaking action implements the 

requisite changes to part 73 by updating 

the airspace descriptions of restricted 

areas R–5311A, R–5311B, and R–5311C 

to reflect the new name. 

Upon review of the restricted areas, 

the FAA identified two boundary points 

used in the boundary descriptions that 

required technical amendment to 

accurately align with the Little River 

used in the description. This action 

includes the geographic coordinate 

technical amendments to align the 

northern boundary with the Little River, 

as originally intended. 

The Rule 

This action amends 14 CFR part 73 by 

updating the airspace titles and using 

agency descriptions for restricted areas 

R–5311A, R–5311B, and R–5311C by 

removing the name ‘‘Fort Bragg, NC’’ 

and replacing it with ‘‘Fort Liberty, 

NC.’’ 

The FAA also makes a technical 

amendment to two geographic points in 

the description of restricted areas R– 

5311A, R–5311B, and R–5311C. These 

minor amendments to the geographic 

coordinates more accurately describe 

the intersection of each restricted area 

where it meets the Little River in North 


lotter on DSK11XQN23PROD with RULES1
83024 Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Rules and Regulations 

Carolina. Updating these coordinates 

does not change the boundary of the 

restricted areas, but rather increases the 

accuracy of the waterway due to digital 

precision survey. The point ‘‘lat. 

35°10′47′′ N, long. 79°01′55′′ W’’ is 

changed to ‘‘lat. 35°10′40′′ N, long. 

79°01′56′′ W’’; and the point ‘‘lat. 

35°09′41′′ N, long. 79°20′09′′ W’’ is 

changed to ‘‘lat. 35°09′43′′ N, long. 

79°20′07′′ W’’. 

This action consists of administrative 

name changes and minor technical 

amendments only and does not affect 

the boundaries, altitudes, time of 

designation, or activities conducted in 

the restricted areas. 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 the geographic location and 

using agency information of restricted 

areas R–5311A, R–5311B, and R–5311C, 

and minor geographic coordinate 

technical amendments, 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 5–6.5d, which 

categorically excludes from further 

environmental impact review 

rulemaking actions where 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. 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 

■ 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. 

§ 73.53 North Carolina [Amended] 

■ 2. Section 73.53 is amended as 

follows: 

* * * * * 

R–5311A Fort Bragg, NC [Removed] 

R–5311B Fort Bragg, NC [Removed] 

R–5311C Fort Bragg, NC [Removed] 

R–5311A Fort Liberty, NC [New] 

Boundaries. Beginning at lat. 35°10′40′′ N, 

long. 79°01′56′′ W; to lat. 35°08′48′′ N, long. 

79°01′59′′ W; to lat. 35°07′01′′ N, long. 

79°02′29′′ W; to lat. 35°05′36′′ N, long. 

79°01′49′′ W; to lat. 35°02′56′′ N, long. 

79°05′39′′ W; to lat. 35°02′46′′ N, long. 

79°20′09′′ W; to lat. 35°07′06′′ N, long. 

79°22′49′′ W; to lat. 35°09′43′′ N, long. 

79°20′07′′ W; thence along Little River to the 

point of beginning. 

Designated altitudes. Surface to but not 

including 7,000 feet MSL. 

Time of designation. Continuous. 

Controlling agency. FAA, Washington 

ARTCC. 

Using agency. U.S. Army, Commanding 

General, Fort Liberty, NC. 

R–5311B Fort Liberty, NC [New] 

Boundaries. Beginning at lat. 35°10′40′′ N, 

long. 79°01′56′′ W; to lat. 35°08′48′′ N, long. 

79°01′59′′ W; to lat. 35°07′01′′ N, long. 

79°02′29′′ W; to lat. 35°05′36′′ N, long. 

79°01′49′′ W; to lat. 35°02′56′′ N, long. 

79°05′39′′ W; to lat. 35°02′46′′ N, long. 

79°20′09′′ W; to lat. 35°07′06′′ N, long. 

79°22′49′′ W; to lat. 35°09′43′′ N, long. 

79°20′07′′ W; thence along Little River to the 

point of beginning. 

Designated altitudes. From 7,000 feet MSL 

to but not including 12,000 feet MSL. 

Time of designation. Continuous. 

Controlling agency. FAA, Washington 

ARTCC. 

Using agency. U.S. Army, Commanding 

General, Fort Liberty, NC. 

R–5311C Fort Liberty, NC [New] 

Boundaries. Beginning at lat. 35°10′40′′ N, 

long. 79°01′56′′ W; to lat. 35°08′48′′ N, long. 

79°01′59′′ W; to lat. 35°07′01′′ N, long. 

79°02′29′′ W; to lat. 35°05′36′′ N, long. 

79°01′49′′ W; to lat. 35°02′56′′ N, long. 

79°05′39′′ W; to lat. 35°02′46′′ N, long. 

79°20′09′′ W; to lat. 35°07′06′′ N, long. 

79°22′49′′ W; to lat. 35°09′43′′ N, long. 

79°20′07′′ W; thence along Little River to the 

point of beginning. 

Designated altitudes. From 12,000 feet 

MSL to but not including FL 290. 

Time of designation. Continuous. 

Controlling agency. FAA Washington 

ARTCC. 

Using agency. U.S. Army, Commanding 

General, Fort Liberty, NC. 

* * * * * 

Issued in Washington, DC, on November 

20, 2023. 

Karen L. Chiodini, 

Acting Manager, Rules and Regulations 

Group. 

[FR Doc. 2023–26003 Filed 11–27–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Parts 130 and 131 

[Docket No. FDA–2023–D–4722] 

Milk and Cream Products and Yogurt 

Products; Final Rule To Revoke the 

Standards for Lowfat Yogurt and 

Nonfat Yogurt and To Amend the 

Standard for Yogurt; Small Entity 

Compliance Guide; Availability 

AGENCY: Food and Drug Administration, 

Department of Health and Human 

Services (HHS). 

ACTION: Notification of availability. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is 

announcing the availability of a 

guidance for industry entitled ‘‘Milk 

and Cream Products and Yogurt 

Products; Final Rule To Revoke the 

Standards for Lowfat Yogurt and Nonfat 

Yogurt and To Amend the Standard for 

Yogurt—Small Entity Compliance 

Guide.’’ The small entity compliance 

guide (SECG) is intended to explain the 

actions a small entity must take to 

comply with FDA’s regulations after 

recent changes made by our 2021 final 

rule titled ‘‘Milk and Cream Products 

and Yogurt Products; Final Rule To 

Revoke the Standards for Lowfat Yogurt 


lotter on DSK11XQN23PROD with RULES1