
[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.

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


