[Federal Register Volume 86, Number 154 (Friday, August 13, 2021)]
[Rules and Regulations]
[Pages 44603-44604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17251]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2019-0111; Airspace Docket No. 19-ASO-23]
RIN 2120-AA66


Establishment of Restricted Area R-5306F; Cherry Point, NC

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: This action establishes restricted area R-5306F at Marine 
Corps Air Station (MCAS) Cherry Point, NC. R-5306F extends from flight 
level (FL) 180 to FL 290. Restricted area R-5306F overlie the existing 
restricted area R-5306A, and the adjacent Core Military Operations Area 
(MOA). Due to altitude constraints, the existing restricted airspace 
structure around MCAS Cherry Point cannot fully support the training 
requirements for current legacy aircraft as well as 4th and 5th 
generation aircraft such as the F-35. In conjunction with R-5306A, 
restricted area R-5306F will allow for realistic training to enable 
pilots and aircrews to counter evolving threat nation warfare anti-
aircraft capabilities.

DATES: Effective date 0910 UTC, December 2, 2021.

FOR FURTHER INFORMATION CONTACT: Sean Hook, 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

[[Page 44604]]

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 establishes restricted area airspace 
at Cherry Point, NC, to enhance aviation safety and accommodate 
essential U.S. Marine Corps training activities.

History

    The FAA published a notice of proposed rulemaking for Docket No. 
FAA-2019-0111 in the Federal Register (85 FR 16918; March 25, 2020), 
proposing to expand the restricted airspace at MCAS Cherry Point, NC, 
by establishing restricted area R-5306F, because the altitude 
constraints of the current airspace structure cannot fully support U.S. 
Marine Corps training and readiness requirements. Interested parties 
were invited to participate in this rulemaking effort by submitting 
written comments on the proposal. No comments were received.

The Rule

    This action amends 14 CFR part 73 by establishing restricted area 
R-5306F, Cherry Point, NC, to overlie the existing restricted area R-
5306A, and the adjacent Core MOA. Restricted area R-5306F extends from 
FL 180 to FL 290. The time of designation is Monday through Friday, 
0800 to 0000 hours, local time; other times by NOTAM.
    In conjunction with R-5306A, R-5306F will provide the low-altitude 
to high-altitude restricted airspace needed to train in the variety of 
tactics as discussed above.
    There are no current Air Traffic Service routes (i.e., jet routes 
or Q-routes) or preferential IFR routes that are impacted by the 
restricted area. R-5306F is joint-use special use airspace; meaning 
that the using agency will return the restricted area to the 
controlling agency (FAA, Washington ARTCC) on a real-time basis when 
not in use by the using agency. Supersonic flight will not be conducted 
in R-5306F.

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 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 establishing restricted 
area R-5306F at MCAS Cherry Point, NC, 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 5-6.5f, which categorically excludes from further 
environmental impact review actions that increase the altitude of 
special use airspace. As such, this action is not expected to result in 
any potentially significant environmental impacts. 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. The FAA's 
categorical exclusion declaration and decision for this action is 
separately documented in a categorical exclusion dated August 25, 2020.

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

0
1. The authority citation for 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.


Sec.  73.53  North Carolina [Amended]

0
2. Section 73.53 is amended as follows:
* * * * *

R-5306F Cherry Point, NC [New]

    Boundaries. Beginning at lat. 35[deg]23'16'' N, long. 
76[deg]34'39'' W;
    to lat. 35[deg]18'16'' N, long. 76[deg]16'39'' W;
    to lat. 35[deg]04'31'' N, long. 76[deg]04'29'' W;
    to lat. 35[deg]00'31'' N, long. 76[deg]00'59'' W;
    to lat. 35[deg]00'22'' N, long. 76[deg]00'51'' W;
    thence southwest 3 NM from and parallel to the shoreline
    to lat. 34[deg]40'16'' N, long. 76[deg]24'45'' W;
    to lat. 34[deg]40'41'' N, long. 76[deg]25'08'' W;
    to lat. 34[deg]46'01'' N, long. 76[deg]29'59'' W;
    to lat. 35[deg]08'01'' N, long. 76[deg]51'19'' W;
    to the point of beginning.
    Designated altitudes. FL 180 to FL 290.
    Time of designation. Monday through Friday, 0800-0000; other 
times by NOTAM.
    Controlling agency. FAA, Washington ARTCC.
    Using agency. USMC, Commanding Officer, U.S. Marine Corps Air 
Station Cherry Point, NC.
* * * * *

    Issued in Washington, DC, on August 9, 2021.
George Gonzalez,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2021-17251 Filed 8-12-21; 8:45 am]
BILLING CODE 4910-13-P