[Federal Register Volume 74, Number 45 (Tuesday, March 10, 2009)]
[Rules and Regulations]
[Pages 10171-10172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4948]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2009-0108; Airspace Docket No. 08-ASW-8]
RIN 2120-AA66


Change of Using Agency for Restricted Area 6320; Matagorda, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action changes the using agency of R-6320, Matagorda, TX, 
from United States Customs Service'' to ``Continental North American

[[Page 10172]]

Aerospace Defense Command Region (CONR).'' The FAA is taking this 
action in response to a request from the United States Air Force 
(USAF), supported by United States Customs and Border Protection 
(legacy United States Customs Service), to reflect an administrative 
change of responsibility for the restricted area. There are no changes 
to the boundaries; designated altitudes; time of designation; or 
activities conducted within the affected restricted area.

DATES: Effective Date: 0901 UTC, May 7, 2009.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace and Rules 
Group, Office of System Operations Airspace and AIM, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591; 
telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION:

History

    On December 10, 2008, the USAF requested that the FAA change the 
using agency for R-6320 from, ``United States Customs Service'' to 
``Continental North American Aerospace Defense Command Region (CONR).'' 
The USAF request was based on their interest in retaining the 
restricted area and expected funding in the future to purchase and 
house another aerostat system within that restricted airspace. United 
States Customs and Border Protection (legacy United States Customs 
Service) confirmed they have no interest in maintaining operational 
control over R-6320 and agreed to relinquish the using agency 
responsibility to CONR. Coordination with Houston Air Route Traffic 
Control Center was effected prior to this using agency change request 
being submitted by the USAF.
    Section 73.63 of 14 CFR Part 73 was republished in FAA Order 
7400.8R, dated February 5, 2009.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 73 by revising the using agency listed for R-6320, Matagorda, TX; 
transferring using agency responsibility for R-6320 from ``United 
States Customs Service'' to ``Continental North American Aerospace 
Defense Command Region (CONR).'' This is an administrative change and 
does not affect the boundaries, designated altitudes, or activities 
conducted within the restricted area; therefore, notice and public 
procedures under 5 U.S.C. 553(b) are 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 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.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with 311d., FAA Order 1050.1E, Environmental Impacts: Policies and 
Procedures. This airspace action 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

0
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.  73.63  [Amended]

0
2. Sec.  73.63 is amended as follows:
* * * * *


R-6320 Matagorda, TX   [Amended]

    By removing the words ``Using agency. United States Customs 
Service'' and inserting the words ``Using agency. Continental North 
American Aerospace Defense Command Region (CONR).''
* * * * *

    Issued in Washington, DC, March 2, 2009.
Edith V. Parish,
Manager, Airspace and Rules Group.
 [FR Doc. E9-4948 Filed 3-9-09; 8:45 am]
BILLING CODE 4910-13-P