Renaming of Restricted Areas R-5311A, R-5311B, and R-5311C; Fort Bragg, NC, 83023-83024 [2023-26003]

Download as PDF Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Rules and Regulations respectively, should be updated to account for TSO–C166c as part of the rulemaking. The FAA is revising Advisory Circular 20–165B to directly address the Technical Standard Orders being incorporated by reference into FAA regulations through this rulemaking. The FAA will make the revision available for public comment through the Advisory Circular comment process prior to issuance. The existing guidance can continue to be used until the FAA issues the revised Advisory Circular. The FAA is also revising Advisory Circular 20–172B to address Technical Standard Order C195c. However, as TSO–C195 and AC 20–172 (and later revisions) are standards and guidance for ADS–B In equipment, those publications are not applicable to this rulemaking, which pertains to rules that only require ADS–B Out systems, and this rulemaking therefore does not reference TSO–C195c or AC 20–172C. Therefore, the effective date of the direct final rule published October 17, 2023, at 88 FR 71468 is confirmed. lotter on DSK11XQN23PROD with RULES1 III. How To Obtain Additional Information A copy of this direct final rule, the confirmation document, and all background material may be viewed online at https://www.regulations.gov using the docket number listed above. A copy of this direct final rule confirmation will be placed in the docket. Electronic retrieval help and guidelines are available on the website. It is available 24 hours each day, 365 days each year. An electronic copy of this document may also be downloaded from the Office of the Federal Register’s website at https:// www.federalregister.gov and the Government Publishing Office’s website at https://www.govinfo.gov. A copy may also be found on the FAA’s Regulations and Policies website at https:// www.faa.gov/regulations_policies. Copies may also be obtained by sending a request to the Federal Aviation Administration, Office of Rulemaking, ARM–1, 800 Independence Avenue SW, Washington, DC 20591, or by calling (202) 267–9677. Interested persons must identify the docket or amendment number of this rulemaking. All documents the FAA considered in developing this rule, including economic analyses and technical reports, may be accessed in the electronic docket for this rulemaking. VerDate Sep<11>2014 15:57 Nov 27, 2023 Jkt 262001 Issued under authority provided by 49 U.S.C. 106(f), 40103, and 44701, in Washington, DC, on November 21, 2023. Brandon Roberts, Executive Director, Office of Rulemaking. [FR Doc. 2023–26145 Filed 11–27–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 73 [Docket No. FAA–2023–0243; Airspace Docket No. 23–ASO–31] RIN 2120–AA66 Renaming of Restricted Areas R– 5311A, R–5311B, and R–5311C; Fort Bragg, NC Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This action is an administrative change to rename restricted areas R–5311A, R–5311B, and R–5311C, Fort Bragg, NC, and to update the using agency description to reflect the change. Additionally, geographic coordinate technical amendments for two boundary points listed in the restricted areas are made to accurately align the existing boundary with the Little River referenced in the descriptions. This action partially implements recommendations of the Commission on the Naming of Items (Naming Commission) of the Department of Defense (DoD) as established by section 370 of the Fiscal Year (FY) 2021 National Defense Authorization Act (NDAA). DATES: Effective date 0901 UTC, January 25, 2024. ADDRESSES: A copy of this final rule, and all background material may be viewed online at www.regulations.gov using the FAA Docket number. Electronic retrieval help and guidelines are available on the website. It is available 24 hours each day, 365 days each year. FOR FURTHER INFORMATION CONTACT: Brian Vidis, Rules and Regulations Group, Office of Policy, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267–8783. SUPPLEMENTARY INFORMATION: SUMMARY: 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 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 83023 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 updates the information in the airspace descriptions of restricted areas R–5311A, R–5311B, and R–5311C. Background The FY 2021 NDAA directed the DoD to establish a commission relating to assigning, modifying, or removing of names, symbols, displays, monuments, and paraphernalia to assets of the DoD that commemorate the Confederate States of America or any person who served voluntarily with the Confederate States of America.1 In January 2023, the Secretary of Defense directed all DoD organizations to begin full implementation of the Naming Commission’s recommendations. As approved by the Secretary of Defense, the name ‘‘Fort Bragg, NC’’ is changed to ‘‘Fort Liberty, NC.’’ Consequently, this rulemaking action implements the requisite changes to part 73 by updating the airspace descriptions of restricted areas R–5311A, R–5311B, and R–5311C to reflect the new name. Upon review of the restricted areas, the FAA identified two boundary points used in the boundary descriptions that required technical amendment to accurately align with the Little River used in the description. This action includes the geographic coordinate technical amendments to align the northern boundary with the Little River, as originally intended. The Rule This action amends 14 CFR part 73 by updating the airspace titles and using agency descriptions for restricted areas R–5311A, R–5311B, and R–5311C by removing the name ‘‘Fort Bragg, NC’’ and replacing it with ‘‘Fort Liberty, NC.’’ The FAA also makes a technical amendment to two geographic points in the description of restricted areas R– 5311A, R–5311B, and R–5311C. These minor amendments to the geographic coordinates more accurately describe the intersection of each restricted area where it meets the Little River in North 1 Public Law 116–283, 134 Stat. 3388, Jan. 1, 2021. E:\FR\FM\28NOR1.SGM 28NOR1 83024 Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Rules and Regulations Carolina. Updating these coordinates does not change the boundary of the restricted areas, but rather increases the accuracy of the waterway due to digital precision survey. The point ‘‘lat. 35°10′47″ N, long. 79°01′55″ W’’ is changed to ‘‘lat. 35°10′40″ N, long. 79°01′56″ W’’; and the point ‘‘lat. 35°09′41″ N, long. 79°20′09″ W’’ is changed to ‘‘lat. 35°09′43″ N, long. 79°20′07″ W’’. This action consists of administrative name changes and minor technical amendments only and does not affect the boundaries, altitudes, time of designation, or activities conducted in the restricted areas. Therefore, notice and public procedure under 5 U.S.C. 553(b) is unnecessary. lotter on DSK11XQN23PROD with RULES1 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, when promulgated, 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 making administrative name changes to the geographic location and using agency information of restricted areas R–5311A, R–5311B, and R–5311C, and minor geographic coordinate technical amendments, 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 5–6.5d, which categorically excludes from further environmental impact review rulemaking actions where modification of the technical description of special use airspace (SUA) that does not alter the dimensions, altitudes, or times of designation of the airspace (such as changes in designation of the controlling or using agency, or correction of typographical errors). In VerDate Sep<11>2014 15:57 Nov 27, 2023 Jkt 262001 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. 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 1. The authority citation for 14 CFR 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. Controlling agency. FAA, Washington ARTCC. Using agency. U.S. Army, Commanding General, Fort Liberty, NC. R–5311C Fort Liberty, NC [New] Boundaries. Beginning at lat. 35°10′40″ N, long. 79°01′56″ W; to lat. 35°08′48″ N, long. 79°01′59″ W; to lat. 35°07′01″ N, long. 79°02′29″ W; to lat. 35°05′36″ N, long. 79°01′49″ W; to lat. 35°02′56″ N, long. 79°05′39″ W; to lat. 35°02′46″ N, long. 79°20′09″ W; to lat. 35°07′06″ N, long. 79°22′49″ W; to lat. 35°09′43″ N, long. 79°20′07″ W; thence along Little River to the point of beginning. Designated altitudes. From 12,000 feet MSL to but not including FL 290. Time of designation. Continuous. Controlling agency. FAA Washington ARTCC. Using agency. U.S. Army, Commanding General, Fort Liberty, NC. * * * * * Issued in Washington, DC, on November 20, 2023. Karen L. Chiodini, Acting Manager, Rules and Regulations Group. [FR Doc. 2023–26003 Filed 11–27–23; 8:45 am] BILLING CODE 4910–13–P § 73.53 North Carolina [Amended] 2. Section 73.53 is amended as follows: * * * * * DEPARTMENT OF HEALTH AND HUMAN SERVICES R–5311A Fort Bragg, NC [Removed] Food and Drug Administration R–5311B Fort Bragg, NC [Removed] R–5311C Fort Bragg, NC [Removed] ■ R–5311A Fort Liberty, NC [New] Boundaries. Beginning at lat. 35°10′40″ N, long. 79°01′56″ W; to lat. 35°08′48″ N, long. 79°01′59″ W; to lat. 35°07′01″ N, long. 79°02′29″ W; to lat. 35°05′36″ N, long. 79°01′49″ W; to lat. 35°02′56″ N, long. 79°05′39″ W; to lat. 35°02′46″ N, long. 79°20′09″ W; to lat. 35°07′06″ N, long. 79°22′49″ W; to lat. 35°09′43″ N, long. 79°20′07″ W; thence along Little River to the point of beginning. Designated altitudes. Surface to but not including 7,000 feet MSL. Time of designation. Continuous. Controlling agency. FAA, Washington ARTCC. Using agency. U.S. Army, Commanding General, Fort Liberty, NC. R–5311B Fort Liberty, NC [New] Boundaries. Beginning at lat. 35°10′40″ N, long. 79°01′56″ W; to lat. 35°08′48″ N, long. 79°01′59″ W; to lat. 35°07′01″ N, long. 79°02′29″ W; to lat. 35°05′36″ N, long. 79°01′49″ W; to lat. 35°02′56″ N, long. 79°05′39″ W; to lat. 35°02′46″ N, long. 79°20′09″ W; to lat. 35°07′06″ N, long. 79°22′49″ W; to lat. 35°09′43″ N, long. 79°20′07″ W; thence along Little River to the point of beginning. Designated altitudes. From 7,000 feet MSL to but not including 12,000 feet MSL. Time of designation. Continuous. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 21 CFR Parts 130 and 131 [Docket No. FDA–2023–D–4722] Milk and Cream Products and Yogurt Products; Final Rule To Revoke the Standards for Lowfat Yogurt and Nonfat Yogurt and To Amend the Standard for Yogurt; Small Entity Compliance Guide; Availability Food and Drug Administration, Department of Health and Human Services (HHS). ACTION: Notification of availability. AGENCY: The Food and Drug Administration (FDA or we) is announcing the availability of a guidance for industry entitled ‘‘Milk and Cream Products and Yogurt Products; Final Rule To Revoke the Standards for Lowfat Yogurt and Nonfat Yogurt and To Amend the Standard for Yogurt—Small Entity Compliance Guide.’’ The small entity compliance guide (SECG) is intended to explain the actions a small entity must take to comply with FDA’s regulations after recent changes made by our 2021 final rule titled ‘‘Milk and Cream Products and Yogurt Products; Final Rule To Revoke the Standards for Lowfat Yogurt SUMMARY: E:\FR\FM\28NOR1.SGM 28NOR1

Agencies

[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Rules and Regulations]
[Pages 83023-83024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26003]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2023-0243; Airspace Docket No. 23-ASO-31]
RIN 2120-AA66


Renaming of Restricted Areas R-5311A, R-5311B, and R-5311C; Fort 
Bragg, NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action is an administrative change to rename restricted 
areas R-5311A, R-5311B, and R-5311C, Fort Bragg, NC, and to update the 
using agency description to reflect the change. Additionally, 
geographic coordinate technical amendments for two boundary points 
listed in the restricted areas are made to accurately align the 
existing boundary with the Little River referenced in the descriptions. 
This action partially implements recommendations of the Commission on 
the Naming of Items (Naming Commission) of the Department of Defense 
(DoD) as established by section 370 of the Fiscal Year (FY) 2021 
National Defense Authorization Act (NDAA).

DATES: Effective date 0901 UTC, January 25, 2024.

ADDRESSES: A copy of this final rule, and all background material may 
be viewed online at www.regulations.gov using the FAA Docket number. 
Electronic retrieval help and guidelines are available on the website. 
It is available 24 hours each day, 365 days each year.

FOR FURTHER INFORMATION CONTACT: Brian Vidis, 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 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 updates the information in the airspace descriptions of 
restricted areas R-5311A, R-5311B, and R-5311C.

Background

    The FY 2021 NDAA directed the DoD to establish a commission 
relating to assigning, modifying, or removing of names, symbols, 
displays, monuments, and paraphernalia to assets of the DoD that 
commemorate the Confederate States of America or any person who served 
voluntarily with the Confederate States of America.\1\ In January 2023, 
the Secretary of Defense directed all DoD organizations to begin full 
implementation of the Naming Commission's recommendations. As approved 
by the Secretary of Defense, the name ``Fort Bragg, NC'' is changed to 
``Fort Liberty, NC.'' Consequently, this rulemaking action implements 
the requisite changes to part 73 by updating the airspace descriptions 
of restricted areas R-5311A, R-5311B, and R-5311C to reflect the new 
name.
---------------------------------------------------------------------------

    \1\ Public Law 116-283, 134 Stat. 3388, Jan. 1, 2021.
---------------------------------------------------------------------------

    Upon review of the restricted areas, the FAA identified two 
boundary points used in the boundary descriptions that required 
technical amendment to accurately align with the Little River used in 
the description. This action includes the geographic coordinate 
technical amendments to align the northern boundary with the Little 
River, as originally intended.

The Rule

    This action amends 14 CFR part 73 by updating the airspace titles 
and using agency descriptions for restricted areas R-5311A, R-5311B, 
and R-5311C by removing the name ``Fort Bragg, NC'' and replacing it 
with ``Fort Liberty, NC.''
    The FAA also makes a technical amendment to two geographic points 
in the description of restricted areas R-5311A, R-5311B, and R-5311C. 
These minor amendments to the geographic coordinates more accurately 
describe the intersection of each restricted area where it meets the 
Little River in North

[[Page 83024]]

Carolina. Updating these coordinates does not change the boundary of 
the restricted areas, but rather increases the accuracy of the waterway 
due to digital precision survey. The point ``lat. 35[deg]10'47'' N, 
long. 79[deg]01'55'' W'' is changed to ``lat. 35[deg]10'40'' N, long. 
79[deg]01'56'' W''; and the point ``lat. 35[deg]09'41'' N, long. 
79[deg]20'09'' W'' is changed to ``lat. 35[deg]09'43'' N, long. 
79[deg]20'07'' W''.
    This action consists of administrative name changes and minor 
technical amendments only and does not affect the boundaries, 
altitudes, time of designation, or activities conducted in the 
restricted areas. Therefore, notice and public procedure under 5 U.S.C. 
553(b) is unnecessary.

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, when promulgated, 
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 making administrative 
name changes to the geographic location and using agency information of 
restricted areas R-5311A, R-5311B, and R-5311C, and minor geographic 
coordinate technical amendments, 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 5-6.5d, which categorically excludes from further 
environmental impact review rulemaking actions where modification of 
the technical description of special use airspace (SUA) that does not 
alter the dimensions, altitudes, or times of designation of the 
airspace (such as changes in designation of the controlling or using 
agency, or correction of typographical errors). 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.

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 14 CFR 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-5311A Fort Bragg, NC [Removed]

R-5311B Fort Bragg, NC [Removed]

R-5311C Fort Bragg, NC [Removed]

R-5311A Fort Liberty, NC [New]

    Boundaries. Beginning at lat. 35[deg]10'40'' N, long. 
79[deg]01'56'' W; to lat. 35[deg]08'48'' N, long. 79[deg]01'59'' W; 
to lat. 35[deg]07'01'' N, long. 79[deg]02'29'' W; to lat. 
35[deg]05'36'' N, long. 79[deg]01'49'' W; to lat. 35[deg]02'56'' N, 
long. 79[deg]05'39'' W; to lat. 35[deg]02'46'' N, long. 
79[deg]20'09'' W; to lat. 35[deg]07'06'' N, long. 79[deg]22'49'' W; 
to lat. 35[deg]09'43'' N, long. 79[deg]20'07'' W; thence along 
Little River to the point of beginning.
    Designated altitudes. Surface to but not including 7,000 feet 
MSL.
    Time of designation. Continuous.
    Controlling agency. FAA, Washington ARTCC.
    Using agency. U.S. Army, Commanding General, Fort Liberty, NC.

R-5311B Fort Liberty, NC [New]

    Boundaries. Beginning at lat. 35[deg]10'40'' N, long. 
79[deg]01'56'' W; to lat. 35[deg]08'48'' N, long. 79[deg]01'59'' W; 
to lat. 35[deg]07'01'' N, long. 79[deg]02'29'' W; to lat. 
35[deg]05'36'' N, long. 79[deg]01'49'' W; to lat. 35[deg]02'56'' N, 
long. 79[deg]05'39'' W; to lat. 35[deg]02'46'' N, long. 
79[deg]20'09'' W; to lat. 35[deg]07'06'' N, long. 79[deg]22'49'' W; 
to lat. 35[deg]09'43'' N, long. 79[deg]20'07'' W; thence along 
Little River to the point of beginning.
    Designated altitudes. From 7,000 feet MSL to but not including 
12,000 feet MSL.
    Time of designation. Continuous.
    Controlling agency. FAA, Washington ARTCC.
    Using agency. U.S. Army, Commanding General, Fort Liberty, NC.

R-5311C Fort Liberty, NC [New]

    Boundaries. Beginning at lat. 35[deg]10'40'' N, long. 
79[deg]01'56'' W; to lat. 35[deg]08'48'' N, long. 79[deg]01'59'' W; 
to lat. 35[deg]07'01'' N, long. 79[deg]02'29'' W; to lat. 
35[deg]05'36'' N, long. 79[deg]01'49'' W; to lat. 35[deg]02'56'' N, 
long. 79[deg]05'39'' W; to lat. 35[deg]02'46'' N, long. 
79[deg]20'09'' W; to lat. 35[deg]07'06'' N, long. 79[deg]22'49'' W; 
to lat. 35[deg]09'43'' N, long. 79[deg]20'07'' W; thence along 
Little River to the point of beginning.
    Designated altitudes. From 12,000 feet MSL to but not including 
FL 290.
    Time of designation. Continuous.
    Controlling agency. FAA Washington ARTCC.
    Using agency. U.S. Army, Commanding General, Fort Liberty, NC.
* * * * *

    Issued in Washington, DC, on November 20, 2023.
Karen L. Chiodini,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2023-26003 Filed 11-27-23; 8:45 am]
BILLING CODE 4910-13-P

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