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Revocation of Restricted Area 2938, Horseshoe Beach; FL

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Federal Aviation Administration (FAA), DOT.


Final rule.


This action revokes Restricted Area 2938 (R-2938), Horseshoe Beach, FL. The FAA is taking this action at the request of the U.S. Air Force (USAF), which no longer requires the airspace. This action returns the formerly restricted airspace to the National Airspace System.


0901 UTC, June 10, 2004.

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Paul Gallant, Airspace and Rules, Office of System Operations and Safety, ATO-R, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone: (202) 267-8783.

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The Rule

This action amends Title 14 Code of Federal Regulations (14 CFR) part 73 (part 73) by revoking R-2938, Horseshoe Beach, FL. The FAA is taking this action at the request of the USAF, which no longer requires the airspace.

Since this action reduces restricted airspace, the solicitation of comments would only delay the return of airspace to public use without offering any meaningful right or benefit to any segment of the public, notice and public procedure under 5 U.S.C. 553(b) are unnecessary.

Section 73.29 of part 73 of Title 14 Code of Federal Regulations was republished in FAA Order 7400.8L, dated October 7, 2003.

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 action: (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 will only affect air traffic procedures and air navigation, it is certified that this rule will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

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Environmental Review

The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1D, Policies and Procedures for Considering Environmental Impacts. 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.

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List of Subjects in 14 CFR Part 73

  • Airspace
  • Navigation (air)
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Adoption of the Amendment

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In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 73 as follows:

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1. The authority citation for part 73 continues to read as follows:

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Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

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2. Section 73.29 is amended as follows:

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R-2938 Horseshoe Beach, FL (Revoked)

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Issued in Washington, DC, on April 1, 2004.

Reginald C. Matthews,

Manager, Airspace and Rules.

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[FR Doc. 04-7959 Filed 4-7-04; 8:45 am]