
[Federal Register Volume 88, Number 220 (Thursday, November 16, 2023)]
[Rules and Regulations]
[Pages 78636-78637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25347]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2023-2220; Airspace Docket No. 23-AWP-59]
RIN 2120-AA66


Amendment of Restricted Area R-2512 Holtville, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends the using agency listed for restricted area 
R-2512 Holtville, CA from ``U.S. Navy, Fleet Area Control and 
Surveillance Facility, San Diego, CA'' to ``U.S. Marine Corps, 
Commanding Officer, Marine Corps Air Station Yuma, Yuma, AZ.'' This 
action does not change any boundaries, altitudes, times of designation, 
or activities conducted within the restricted areas.

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

FOR FURTHER INFORMATION CONTACT: Steven Roff, 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 using agency listed for restricted areas R-
2512 Holtville, CA.

Background

    The United States (U.S.) Navy Director, Air Warfare requested that 
the FAA amend the description of restricted area R-2512 Holtville, CA 
by changing the using agency listed for each from ``U.S. Navy, Fleet 
Area Control and Surveillance Facility, San Diego, CA'' to ``U.S. 
Marine Corps, Commanding Officer, Marine Corps Air Station Yuma, Yuma, 
AZ.'' The request is the result of the Department of the Navy 
determining it to be in the best interest of airspace and aircraft 
operations management. The U.S. Navy and U. S. Marine Corps support the 
using agency change.

The Rule

    This action amends 14 CFR part 73 by changing the using agency name 
listed for restricted area R-2512 Holtville, CA, from ``U.S. Navy, 
Fleet Area Control and Surveillance Facility, San Diego, CA'' to ``U.S. 
Marine Corps, Commanding Officer, Marine Corps Air Station Yuma, Yuma, 
AZ.'' This action is necessary in

[[Page 78637]]

order to reflect the current organization tasked with using agency 
responsibilities for the restricted areas.
    This is an administrative change that does not affect the 
boundaries, designated altitudes, times of designation, or activities 
conducted within restricted areas R-2512 Holtville, CA; therefore, 
notice and public procedure under 5 U.S.C. 553(b) are 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 amending the using 
agency information for R-2512 Holtville, CA, 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 5-6.5d, which categorically excludes from further 
environmental impact review the 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). This airspace action is an 
administrative change to the description of restricted area R-2512 
Holtville, CA, to update the using agency name. It does not alter the 
restricted area dimensions, designated altitudes, times of designation, 
or use of the airspace. Therefore, this airspace action is not expected 
to result in any significant environmental impacts. In accordance with 
FAA Order 1050.1F, paragraph 5-2 regarding Extraordinary Circumstances, 
this action has been reviewed 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.

Lists 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.  73.22   [Amended]

0
2. Section 73.22 is amended as follows:
* * * * *

R-2512 Holtville, CA

    Using Agency. U.S. Marine Corps, Commanding Officer, Marine Corps 
Air Station Yuma, Yuma, AZ.
* * * * *

    Issued in Washington, DC, on November 13, 2023.
Karen Chiodini,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-25347 Filed 11-15-23; 8:45 am]
BILLING CODE 4910-13-P


