Revision of Restricted Areas 4806W, 4807A&B, and 4809; Nevada

AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This action changes the using agency of Restricted Area 4806W (R-4806W), Las Vegas; 4807 (R-4807 A & B), Tonopah; and 4809 (R-4809) Tonopah, NV, from “U.S. Air Force, Commander, Tactical Fighter Weapons Center, Nellis AFB, NV” to “USAF Warfare Center, Nellis AFB, NV”. The FAA is taking this action in response to a request from the United States Air Force to reflect an administrative change of responsibility for the restricted area. This action does not change any boundaries, times of designation, or activities conducted in the restricted airspace area.

DATES:

Effective Date: 0901 UTC, March 12, 2009.

FOR FURTHER INFORMATION CONTACT:

Ken McElroy, 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:

The Rule

This action amends Title 14 Code of Federal Regulations (14 CFR) part 73 by changing the using agency for R-4806W, R-4807A & B, and R-4809 currently shown as, “U.S. Air Force, Commander, Tactical Fighter Weapons Center, Nellis AFB, NV” to “USAF Warfare Center, Nellis AFB, NV”. This is an administrative change and does not affect the boundaries, designated altitudes, or activities conducted within the restricted areas. Therefore, notice and public procedures under 5 U.S.C. 553(b) is unnecessary.

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 restricted areas in Nevada.

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

In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 73 as follows:

PART 73—SPECIAL USE AIRSPACE

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.

2. § 73.48 is amended as follows:

R-4806W Las Vegas, NV [Amended]

Under Using agency, remove the words “U.S. Air Force, Commander, Tactical Fighter Weapons Center, Nellis AFB, NV.,” and insert the words “USAF Warfare Center, Nellis AFB, NV”

R-4807A Tonopah, NV [Amended]

Under Using agency, remove the words “U.S. Air Force, Commander, Tactical Fighter Weapons Center, Nellis AFB, NV.,” and insert the words “USAF Warfare Center, Nellis AFB, NV”

R-4807B Tonopah, NV [Amended]

Under Using agency, remove the words “U.S. Air Force, Commander, Tactical Fighter Weapons Center, Nellis AFB, NV.,” and insert the words “USAF Warfare Center, Nellis AFB, NV”

R-4809 Tonopah, NV [Amended]

Under Using agency, remove the words “U.S. Air Force, Commander, Tactical Fighter Weapons Center, Nellis AFB, NV.,” and insert the words “USAF Warfare Center, Nellis AFB, NV”