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[Federal Register Volume 76, Number 34 (Friday, February 18, 2011)]
[Rules and Regulations]
[Pages 9501-9502]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3666]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2010-0077 Airspace Docket No. 10-AWA-4]
RIN 2120-AA66

Amendment of Prohibited Area P-56; District of Columbia

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; technical amendment.

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SUMMARY: This action amends Special Use Airspace Prohibited Area P-56 
in the District of Columbia to correct inaccuracies in the description 
of Area A (P-56A). This amendment does not change the actual geographic 
position of the prohibited area. The boundary description of Area B (P-
56B) is not affected by this action.

DATES: Effective date 0901 UTC, May 5, 2011.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, 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: 

Background

    The present day prohibited area P-56 evolved from several 
Presidential Executive Orders (E.O.) dating back to the late 1930s. The 
E.O. established an airspace reservation over a portion of the District 
of Columbia for national defense, public safety and other governmental 
purposes.
    In October 1966, the airspace reservation then in place (E.O. No. 
10126, May 9, 1950) was amended and codified into Title 14, Code of 
Federal Regulations, part 73, and designated as prohibited area P-56 
(31 FR 13422). Currently, P-56 consists of two subareas: A and B. In 
general, Area A (P-56A) includes the airspace between a point west of 
the Lincoln Memorial and an area east of the U.S. Capitol Building, and 
between K Street (on the north side) and a combination of Independence 
Avenue, 6th Street SW., and the Southwest Freeway (on the south side). 
Area B (P-56B) consists of that airspace within a one-half mile radius 
from the center of the U.S. Naval Observatory, located in northwest 
Washington, DC.
    During a recent review of the P-56 legal description, the FAA found 
that the wording in one part of the description does not match the 
current District of Columbia street alignment. The area in question is 
at the western end of P-56A. The current legal description begins at 
the southwest corner of the Lincoln Memorial, then proceeds northwest 
to a point at latitude 38[deg]53'45'' N., longitude. 77[deg]03'2'' W. 
The existing legal description of P-56A states that this point marks 
the intersection of New Hampshire Avenue and the Rock Creek and Potomac 
Parkway NW. However, New Hampshire Avenue no longer intersects the Rock 
Creek and Potomac Parkway. Due to the construction of the John F. 
Kennedy Center for the Performing Arts, New Hampshire Avenue NW was 
terminated at F Street, NW. in the 1967 time frame. However, the ``New 
Hampshire Avenue/Rock Creek Parkway intersection'' wording has remained 
in the P-56A description to this day. In spite of this error, the FAA's 
Aeronautical Products office has the correct location and charting for 
P-56. This is because the current boundary line that runs from the 
stated latitude/longitude point on the Rock Creek and Potomac Parkway 
still extends toward the point where New Hampshire Avenue NW. 
terminates at F Street, NW. and then proceeds along New Hampshire 
Avenue to Washington Circle as stated in the current P-56A description.
    The FAA is rewording the description of P-56A to replace the 
reference to the street segment that no longer exists, as described 
below. This is an administrative change and does not affect the 
boundaries, designated altitudes, or operating requirements of

[[Page 9502]]

the airspace; therefore, notice and public procedures under 5 U.S.C. 
553(b) are unnecessary.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 73 to update the legal description of Prohibited area P-56, 
District of Columbia. Specifically, the description of a portion of 
Area A (P-56A) is amended by removing the words ``* * * to the 
intersection of New Hampshire Avenue and Rock Creek and Potomac 
Parkway, NW. (lat. 38[deg]53'45'' N., long. 77[deg]03'23'' W.); thence 
northeast along New Hampshire Avenue, 0.6 miles, to Washington Circle, 
* * *'' and inserting the words ``* * * to intersect the Rock Creek and 
Potomac Parkway, NW (at lat. 38[deg]53'45'' N., long. 77[deg]03'23'' 
W.); thence northeast to the intersection of New Hampshire Avenue NW. 
and F Street NW. (at lat. 38[deg]53'50'' N., long. 77'03'17'' W.); 
thence along New Hampshire Avenue NW., 0.4 miles to Washington Circle * 
* *'' (rest of description unchanged). This action will update the 
regulatory text of P-56 to match the current street alignment in the 
western part of P-56A to be in concert with the FAA's Aeronautical 
Products office. The boundary of Area B (P-56B) is not changed by this 
action and its description remains as currently published.
    Section 73.87 of Title 14 CFR part 73 was republished in FAA Order 
7400.8T, effective February 16, 2011.
    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, 
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 amends prohibited airspace in the District of Columbia.

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 311d. This action is a correction of the technical 
description of special use airspace that does not alter the dimensions, 
altitudes, or time of designation of the airspace. Specifically, this 
action replaces an obsolete street reference in the description. 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 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 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.  73.87  [Amended]

0
2. Sec.  73.87 is amended as follows:
* * * * *

P-56 District of Columbia [Amended]

    By removing the current boundaries for Area A and substituting the 
following:

Boundaries

    A. Beginning at the southwest corner of the Lincoln Memorial (lat. 
38[deg]53'20'' N., long. 77[deg]03'02'' W.); thence via a 327[deg] 
bearing, 0.6 miles, to intersect the Rock Creek and Potomac Parkway, NW 
(at lat. 38[deg]53'45'' N., long. 77[deg]03'23'' W.); thence northeast 
to the intersection of New Hampshire Avenue, NW and F Street, NW (at 
lat. 38[deg]53'50'' N., long. 77[deg]03'17'' W.); thence along New 
Hampshire Avenue, NW, 0.4 miles to Washington Circle at the 
intersection of New Hampshire Avenue and K Street, NW (lat. 
38[deg]54'08'' N., long. 77[deg]03'01'' W.); thence east along K Street 
2.5 miles to the railroad overpass between First and Second Streets, NE 
(lat. 38[deg]54'08'' N., long. 77[deg]00'13'' W.); thence southeast via 
a 158[deg] bearing 0.7 miles, to the southeast corner of Stanton 
Square, at the intersection of Massachusetts Avenue and Sixth Street, 
NE (lat. 38[deg]53'35'' N., long. 76[deg]59'56'' W.); thence southwest 
via a 211[deg] bearing 0.8 miles, to the Capitol Power Plant at the 
intersection of New Jersey Avenue and E Street, SE (lat. 38[deg]52'59'' 
N., long. 77[deg]00'24'' W.); thence west via a 265[deg] bearing 0.7 
miles, to the intersection of the Southwest Freeway (Interstate Route 
395) and Sixth Street, SW extended (lat. 38[deg]52'56'' N., long. 
77[deg]01'12'' W.); thence north along Sixth Street 0.4 miles, to the 
intersection of Sixth Street and Independence Avenue, SW (lat. 
38[deg]53'15'' N., long. 77[deg]01'12'' W.); thence west along the 
north side of Independence Avenue 0.8 miles, to the intersection of 
Independence Avenue and 15th Street, SW (lat. 38[deg]53'16'' N., long. 
77[deg]02'01'' W.); thence west along the southern lane of Independence 
Avenue 0.4 miles to the west end of the Kutz Memorial Bridge over the 
Tidal Basin (lat. 38[deg]53'12'' N., long. 77[deg]02'27'' W.); thence 
west via a 285[deg] bearing 0.6 miles, to the southwest corner of the 
Lincoln Memorial, to the point of beginning.
* * * * *

    Issued in Washington, DC, on February 11, 2011.
Edith V. Parish,
Manager, Airspace, Regulations and ATC Procedures Group.
[FR Doc. 2011-3666 Filed 2-17-11; 8:45 am]
BILLING CODE 4910-13-P
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