[Federal Register Volume 87, Number 183 (Thursday, September 22, 2022)]
[Rules and Regulations]
[Pages 57817-57818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20577]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2022-1116; Airspace Docket No. 22-ANE-5]
RIN 2120-AA66


Modification of Restricted Areas R-6501A and R-6501B; Underhill, 
VT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies restricted areas R-6501A and R-6501B, 
Underhill, VT, by amending the upper altitude limit of R-6501A and the 
lower altitude limit of R-6501B. Certain military activities near 
Underhill, VT, require restricted airspace that exceeds the current 
4,000-foot mean sea level (MSL) upper altitude limit of R-6501A. As a 
result, R-6501B must be activated, along with R-6501A, to ensure 
containment of the hazardous activity. Raising the upper altitude limit 
of R-6501A from 4,000 feet MSL to but not including 4,900 feet MSL and 
the lower altitude limit of R-6501B from 4,000 feet MSL to 4,900 feet 
MSL, will result in more efficient use of airspace by reducing the need 
to activate R-6501B. This modification is fully contained within the 
existing lateral and vertical limits of R-6501A and B. The activities 
conducted in these restricted airspace areas are unchanged.

DATES: Effective date 0901 UTC, December 29, 2022.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, 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 since it adjusts the upper altitude limit of R-6501A, and the 
lower altitude limit of R-6501B, to enable more efficient use of 
airspace.

Background

    Restricted area R-6501A, Underhill, VT, extends from the surface to 
4,000 feet MSL. The time of designation for the area is: ``From 0700 to 
2300 local time, Monday-Friday; 0000 Saturday to 2359 Sunday; and other 
times by NOTAM issued 24 hours in advance.''
    Restricted area R-6501B directly overlies R-6501A and shares the 
same lateral boundaries. R-6501B extends from 4,000 feet MSL to 13,600 
feet MSL. The time of designation is: ``Intermittent by NOTAM 24 hours 
in advance.''
    Currently, the altitude that separates the two areas is 4,000 feet 
MSL. The issue is that the 4,000 feet MSL ceiling of R-6501A is not 
sufficient to safely contain most activities being conducted. This 
requires that R-6501B also be activated along with R-6501A. However, 
the activation of R-6501B restricts the airspace all the way up to 
13,600 feet MSL, even though the majority of R-6501B is not needed for 
certain operations. Raising the upper altitude limit of R-6501A from 
4,000 feet MSL to ``to but not including 4,900 feet MSL''; and the 
lower altitude limit of R-6501B from 4,000 feet MSL to ``4,900 feet 
MSL'' will eliminate the need to frequently activate R-6501B. This will 
make more airspace available for Air Traffic Control (ATC) and general 
aviation use.
    To provide for more efficient use of airspace, the FAA and the 
using agency agreed to change the altitude that separates R-6501A and 
R-6501B from 4,000 feet MSL to 4,900 feet MSL. The new configuration 
enables activation of less restricted airspace to ensure containment of 
the majority of the using agency's training needs while maintaining the 
ability to activate additional restricted airspace for missions that 
require higher altitudes.
    These changes will accommodate the using agency's requirements 
while releasing unneeded restricted airspace for access by other 
airspace users. With regard to the existing R-6501A and B, which abut, 
the lateral boundaries of the restricted airspace areas, the lowest and 
uppermost vertical limits of the airspace areas, and the activities 
conducted within the airspace are unchanged.

The Rule

    This action amends 14 CFR part 73 by changing the upper altitude 
limit of R-6501A and lower altitude limit of R-6501B to adjust the 
internal altitude that separates them and minimizes the need to 
activate R-6501B. The time of

[[Page 57818]]

designation for R-6501A and R-6501B remains the same as currently 
designated. The activities conducted within the restricted areas are 
unchanged.
    This change enhances the efficient use of the National Airspace 
System by providing for activation of the minimum amount of restricted 
airspace needed for the specific mission being conducted, thereby 
releasing unneeded restricted airspace for access by other users. This 
reduces the burden on the flying public. Further, the modification does 
not change the current lateral boundaries, overall lowest and highest 
designated altitude limits, time of designation, or activities 
conducted within the restricted areas. Therefore, I find that notice 
and public procedure under 5 U.S.C. 553(b) are unnecessary.

Regulatory Notices and Analyses

    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. 
It, therefore: (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 
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

    This action of modifying restricted areas R-6501A and R-6501B, by 
amending the internal altitude limits that separate them, 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 5-6.5a, which categorically excludes 
from further environmental impact review rulemaking actions that 
designate or modify classes of airspace areas, airways, routes, and 
reporting points (see 14 CFR part 71, Designation of Class A, B, C, D, 
and E Airspace Areas; Air Traffic Service Routes; and Reporting 
Points), and 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.

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

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. 51   [Amended]

0
2. Sec.  73.65 is amended as follows:
* * * * *

R-6501A Underhill, VT [Amended]

    By removing the current designated altitudes and substituting the 
following:
    Designated altitudes. Surface to but not including 4,900 feet MSL.

R-6501B Underhill, VT [Amended]

    By removing the current designated altitudes and substituting the 
following:
    Designated altitudes. 4,900 feet MSL to 13,600 feet MSL.
* * * * *

    Issued in Washington, DC, on September 19, 2022.
Eric S. Jennings,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-20577 Filed 9-21-22; 8:45 am]
BILLING CODE 4910-13-P


