
[Federal Register: May 1, 2009 (Volume 74, Number 83)]
[Rules and Regulations]               
[Page 20201-20202]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01my09-1]                         


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Rules and Regulations
                                                Federal Register
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[[Page 20201]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2009-0353; Airspace Docket No. 09-ANM-5]
RIN 2120-AA66

 
Amendment to Restricted Areas R-6402 A&B, R-6404 A, B, C & D, R-
6405, R-6406 A & B, and R-6407; Utah

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action changes the using agency of Restricted Area 6402 
(R-6402 A & B), Dugway Proving Ground; R-6404 A, B, C & D, Hill AFB; R-
6405, R-6406 A & B, Wendover; and R-6407, Hill AFB, Utah, from 
``Commander, 6501 Range Squadron, Air Force Systems Command, Hill AFB, 
UT.'' to ``388th Fighter Wing Air Combat Command, Hill AFB UT.'' The 
FAA is taking this action in response to a request from the United 
States Department of Air Force to reflect an administrative change of 
responsibility for the restricted areas. There are no changes to the 
boundaries; designated altitudes; time of designation; or activities 
conducted within the affected restricted areas.

DATES: Effective Date: 0901 UTC, July 2, 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 amending the using agency for Restricted Areas 6402 (R-6402 
A & B), Dugway Proving Ground; R-6404 A, B, C & D, Hill AFB; R-6405, R-
6406 A & B, Wendover; and R-6407, Hill AFB, Utah, from ``Commander, 
6501 Range Squadron, Air Force Systems Command, Hill AFB, UT.'' to 
``388th Fighter Wing Air Combat Command, Hill AFB UT.'' Accordingly, 
since this action only involves a change of administrative information 
and does not change the boundary, designated ceiling, or times of use 
of the restricted areas notice and public procedures under 5 U.S.C. 
533(b) are 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 the using agency for said restricted areas in Utah.
    Section 73.64 of Title 14 CFR part 73 was republished in FAA Order 
7400.8R, effective February 5, 2009.

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.  73.64  [Amended]

0
2. Section 73.64 is amended as follows:
* * * * *

R-6402A Dugway Proving Ground, UT [Amended]

    Under Using agency, remove the words ``Commander, 6501 Range 
Squadron, Air Force Systems Command, Hill AFB, UT.'' and insert ``388th 
Fighter Wing, Air Combat Command, Hill AFB UT.''

R-6402B Dugway Proving Ground, UT [Amended]

    Under Using agency, remove the words ``Commander, 6501 Range 
Squadron, Air Force Systems Command, Hill AFB, UT.'' and insert ``388th 
Fighter Wing, Air Combat Command, Hill AFB UT.''
* * * * *

R-6404A Hill AFB, UT [Amended]

    Under Using agency, remove the words ``Commander, 6501 Range 
Squadron, Air Force Systems Command, Hill AFB, UT.'' and insert ``388th 
Fighter Wing, Air Combat Command, Hill AFB UT.''

[[Page 20202]]

R-6404B Hill AFB, UT [Amended]

    Under Using agency, remove the words ``Commander, 6501 Range 
Squadron, Air Force Systems Command, Hill AFB, UT.'' and insert ``388th 
Fighter Wing, Air Combat Command, Hill AFB UT.''

R-6404C Hill AFB, UT [Amended]

    Under Using agency, remove the words ``Commander, 6501 Range 
Squadron, Air Force Systems Command, Hill AFB, UT.'' and insert ``388th 
Fighter Wing, Air Combat Command, Hill AFB UT.''

R-6404D Hill AFB, UT [Amended]

    Under Using agency, remove the words ``Commander, 6501 Range 
Squadron, Air Force Systems Command, Hill AFB, UT.'' and insert ``388th 
Fighter Wing, Air Combat Command, Hill AFB UT.''

R-6405 Wendover, UT [Amended]

    Under Using agency, remove the words ``Commander, 6501 Range 
Squadron, Air Force Systems Command, Hill AFB, UT.'' and insert ``388th 
Fighter Wing, Air Combat Command, Hill AFB UT.''

R-6406A Wendover, UT [Amended]

    Under Using agency, remove the words ``Commander, 6501 Range 
Squadron, Air Force Systems Command, Hill AFB, UT.'' and insert ``388th 
Fighter Wing, Air Combat Command, Hill AFB UT.''

R-6406B Wendover, UT [Amended]

    Under Using agency, remove the words ``Commander, 6501 Range 
Squadron, Air Force Systems Command, Hill AFB, UT.'' and insert ``388th 
Fighter Wing, Air Combat Command, Hill AFB UT.''

R-6407 Hill AFB, UT [Amended]

    Under Using agency, remove the words ``Commander, 6501 Range 
Squadron, Air Force Systems Command, Hill AFB, UT.'' and insert ``388th 
Fighter Wing, Air Combat Command, Hill AFB UT.''
* * * * *

    Issued in Washington, DC, April 23, 2009.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. E9-9968 Filed 4-30-09; 8:45 am]

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