[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Rules and Regulations]
[Page 11106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-04296]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2015-0264; Airspace Docket No. 15-ASO-1]
RIN 2120-AA66


Revocation of Restricted Area R-2936, West Palm Beach, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action removes restricted area R-2936, West Palm Beach, 
FL. The using agency informed the FAA they no longer have a requirement 
for this area; therefore, the airspace is being returned to the 
National Airspace System (NAS).

DATES: Effective date: 0901 UTC, April 30, 2015.

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

    Restricted area R-2936, West Palm Beach, FL, was established to 
contain test firings of components for the main engines of the Space 
Shuttle (55 FR 5981) May 3, 1990. During test firings, hydrogen gas was 
released through an exhaust stack generating significant turbulence and 
high air temperatures that could be hazardous to aircraft up to 10,000 
feet. The restricted area using agency informed the FAA there are no 
plans for further hazardous testing in the area. Therefore, the FAA is 
taking this action to remove restricted area R-2936.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 73 by removing restricted area R-2936, West Palm Beach, FL. The 
using agency notified the FAA that they no longer require the 
restricted area for hazardous activities.
    Because this action removes restricted airspace no longer needed, 
and returns the airspace to the NAS, 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 for its 
designated purpose to the NAS in the West Palm Beach, FL area.

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

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.  73.29  [Amended]

0
2. Section 73.29 is amended as follows:
* * * * *

R-2936 West Palm Beach, FL [Removed]

    Issued in Washington, DC, on February 19, 2015.
Gary A. Norek,
Manager, Airspace Policy and Regulations Group.
[FR Doc. 2015-04296 Filed 2-27-15; 8:45 am]
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