2026-13620: Amendment of Using Agency and Controlling Agency for Restricted Areas R-5301, R-5302A, R-5302B, and R-5302C; NC

Federal Register, Volume 91 Issue 127 (Monday, July 6, 2026) [Federal Register Volume 91, Number 127 (Monday, July 6, 2026)] [Rules and Regulations] [Pages 40870-40872] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2026-13620] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 73 [Docket No. FAA-2026-7162; Airspace Docket No. 26-ASO-10] RIN 2120-AA66 Amendment of Using Agency and Controlling Agency for Restricted Areas R-5301, R-5302A, R-5302B, and R-5302C; NC

Agency

Federal Aviation Administration (FAA), DOT.

Action

Final rule. -----------------------------------------------------------------------

Summary

This action amends the using agency and controlling agency descriptions listed for restricted areas R-5301, R-5302A, R-5302B, and R-5302C, NC. This action does not change any boundaries, altitudes, times of designation, or activities conducted within the restricted areas.

Dates

Effective date 0901 UTC, July 9, 2026.

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. An electronic copy of this document may also be downloaded from www.federalregister.gov.

For Further Information Contact

Ashley Toth, Rules and Regulations Group, Policy Directorate, 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 [[Page 40871]] 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 and controlling agency listed for restricted areas R-5301, R-5302A, R-5302B, and R-5302C in North Carolina. Background The U.S. Marine Corps requested that the Federal Aviation Administration amend the using agency and controlling agency descriptions for restricted areas R-5301, R-5302A, R-5302B, and R-5302C to correct minor discrepancies. The Rule This action amends 14 CFR part 73 by updating the using agency and controlling agency descriptions for restricted areas R-5301, R-5302A, R-5302B, and R-5302C. The using agency for all four restricted areas is updated by removing ``U.S Navy, Fleet Area Control and Surveillance Facility, Virginia Capes (FACSFAC VACAPES), Virginia Beach, VA'' and replaced with ``USMC, Commanding Officer, MCAS Cherry Point, NC.'' The controlling agency for restricted area R-5301 is updated by removing ``FAA Washington ARTCC'' and replacing it with ``USMC, MCAS Cherry Point CERAP''. For restricted areas R-5302A, R-5302B, and R-5302C the controlling agency is updated by removing ``USMC, Marine Corps Air Station Cherry Point Approach Control'' and replacing it with ``USMC, MCAS Cherry Point CERAP.'' Good Cause for Bypassing Notice and Comment Under 5 U.S.C. 553, federal agencies engaged in informal rulemaking must provide the public with a notice of proposed rulemaking and an opportunity for public participation. However, 5 U.S.C. 553(b)(B) exempts a rule from these requirements ``when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.'' Courts have construed these exceptions narrowly, but have nonetheless accepted determinations of good cause that notice and comment is unnecessary in ``those situations in which the administrative rule is a routine determination, insignificant in nature and impact, and inconsequential to the industry and to the public.'' See Mack Trucks, Inc. v. EPA, 682 F.3d 87, 94 (D.C. Cir. 2012). This action consists of administrative name changes and minor technical amendments only. It does not affect the boundaries, altitudes, time of designation, operating requirements, or activities conducted in the restricted areas. Therefore, FAA has determined that good cause exists to 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 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 DOT Order 2100.6B, ``Rulemaking and Guidance Procedure'' (March 10, 2025); and (3) is expected to result in, at most, de minimis costs from compliance with applicable operating requirements or minor flight rerouting for operators choosing to navigate around the controlled airspace. Since these amendments are routine and the expected impact to operators is de minimis, the FAA certifies 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 an administrative change to amend the using agency and controlling agency descriptions for restricted areas R5301, R-5302A, R-5302B, and R-5302C, NC, qualifies for categorical exclusion under the National Environmental Policy Act (42 U.S.C. 4321, et seq.) and in accordance with FAA Order 1050.1G, FAA National Environmental Policy Act Implementing Procedures, paragraph B-2.6(d), which categorically excludes from further environmental impact review the issuance of regulatory documents (e.g., Notices of Proposed Rulemaking and issuance of Final Rules) covering administrative or procedural requirements, and paragraph B-2.5(d), which categorically excludes from further environmental impact review 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). As such, this action is not expected to result in any potentially significant environmental impacts. In accordance with the FAA's NEPA implementation policy and procedures 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 statement. 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