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[Federal Register: September 2, 2010 (Volume 75, Number 170)]
[Rules and Regulations]               
[Page 53863-53864]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02se10-11]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2010-0693; Airspace Docket No. 10-ASW-6]
RIN 2120-AA66

 
Amendment of Restricted Area R-5113; Socorro, NM

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action changes the using agency of Restricted Area R-
5113, Socorro, NM, to ``U.S. Air Force, Air Force Research 
Laboratory.'' 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, November 18, 2010.

[[Page 53864]]

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 March 3, 2010, the U. S. Navy requested that the FAA change the 
name of the using agency for Restricted Area R-5113 at Socorro, NM, to 
``U.S. Air Force, Air Force Research Laboratory.'' This change is 
required to reflect the change in the military service overseeing the 
continued lightning research work performed by New Mexico Tech 
University and the National Science Foundation.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 73 by amending the using agency for Restricted Area R-5113 at 
Socorro, NM, from ``U.S. Navy, Office of Naval Research, Atmospheric 
Sciences'' to ``U.S. Air Force, Air Force Research Laboratory.'' 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.
    Section 73.51 of Title 14 CFR part 73 was republished in FAA Order 
7400.8S, effective February 16, 2010.
    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.
    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 amends Restricted Area R-5113 in Socorro, NM.

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 airspace action is an administrative change to the 
descriptions of the affected restricted area to update the using agency 
name. It does not alter the dimensions, altitudes, or times of 
designation of the airspace; therefore, 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

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.  73.51  [Amended]

0
2. Section 73.51 is amended as follows:
* * * * *

R-5113  Socorro, NM [Amended]

* * * * *
    By removing the words ``Using Agency. U.S. Navy, Office of Naval 
Research, Atmospheric Sciences'' and inserting the words ``Using 
Agency. U.S. Air Force, Air Force Research Laboratory.''

    Issued in Washington, DC, on August 23, 2010.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. 2010-21928 Filed 9-1-10; 8:45 am]
BILLING CODE 4910-13-P
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