[Federal Register Volume 76, Number 34 (Friday, February 18, 2011)]
[Rules and Regulations]
[Pages 9501-9502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3666]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA-2010-0077 Airspace Docket No. 10-AWA-4]
RIN 2120-AA66
Amendment of Prohibited Area P-56; District of Columbia
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; technical amendment.
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SUMMARY: This action amends Special Use Airspace Prohibited Area P-56
in the District of Columbia to correct inaccuracies in the description
of Area A (P-56A). This amendment does not change the actual geographic
position of the prohibited area. The boundary description of Area B (P-
56B) is not affected by this action.
DATES: Effective date 0901 UTC, May 5, 2011.
FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace, Regulations
and ATC Procedures Group, Office of Airspace Services, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone: (202) 267-8783.
SUPPLEMENTARY INFORMATION:
Background
The present day prohibited area P-56 evolved from several
Presidential Executive Orders (E.O.) dating back to the late 1930s. The
E.O. established an airspace reservation over a portion of the District
of Columbia for national defense, public safety and other governmental
purposes.
In October 1966, the airspace reservation then in place (E.O. No.
10126, May 9, 1950) was amended and codified into Title 14, Code of
Federal Regulations, part 73, and designated as prohibited area P-56
(31 FR 13422). Currently, P-56 consists of two subareas: A and B. In
general, Area A (P-56A) includes the airspace between a point west of
the Lincoln Memorial and an area east of the U.S. Capitol Building, and
between K Street (on the north side) and a combination of Independence
Avenue, 6th Street SW., and the Southwest Freeway (on the south side).
Area B (P-56B) consists of that airspace within a one-half mile radius
from the center of the U.S. Naval Observatory, located in northwest
Washington, DC.
During a recent review of the P-56 legal description, the FAA found
that the wording in one part of the description does not match the
current District of Columbia street alignment. The area in question is
at the western end of P-56A. The current legal description begins at
the southwest corner of the Lincoln Memorial, then proceeds northwest
to a point at latitude 38[deg]53'45'' N., longitude. 77[deg]03'2'' W.
The existing legal description of P-56A states that this point marks
the intersection of New Hampshire Avenue and the Rock Creek and Potomac
Parkway NW. However, New Hampshire Avenue no longer intersects the Rock
Creek and Potomac Parkway. Due to the construction of the John F.
Kennedy Center for the Performing Arts, New Hampshire Avenue NW was
terminated at F Street, NW. in the 1967 time frame. However, the ``New
Hampshire Avenue/Rock Creek Parkway intersection'' wording has remained
in the P-56A description to this day. In spite of this error, the FAA's
Aeronautical Products office has the correct location and charting for
P-56. This is because the current boundary line that runs from the
stated latitude/longitude point on the Rock Creek and Potomac Parkway
still extends toward the point where New Hampshire Avenue NW.
terminates at F Street, NW. and then proceeds along New Hampshire
Avenue to Washington Circle as stated in the current P-56A description.
The FAA is rewording the description of P-56A to replace the
reference to the street segment that no longer exists, as described
below. This is an administrative change and does not affect the
boundaries, designated altitudes, or operating requirements of
[[Page 9502]]
the airspace; therefore, notice and public procedures under 5 U.S.C.
553(b) are unnecessary.
The Rule
This action amends Title 14 Code of Federal Regulations (14 CFR)
part 73 to update the legal description of Prohibited area P-56,
District of Columbia. Specifically, the description of a portion of
Area A (P-56A) is amended by removing the words ``* * * to the
intersection of New Hampshire Avenue and Rock Creek and Potomac
Parkway, NW. (lat. 38[deg]53'45'' N., long. 77[deg]03'23'' W.); thence
northeast along New Hampshire Avenue, 0.6 miles, to Washington Circle,
* * *'' and inserting the words ``* * * to intersect the Rock Creek and
Potomac Parkway, NW (at lat. 38[deg]53'45'' N., long. 77[deg]03'23''
W.); thence northeast to the intersection of New Hampshire Avenue NW.
and F Street NW. (at lat. 38[deg]53'50'' N., long. 77'03'17'' W.);
thence along New Hampshire Avenue NW., 0.4 miles to Washington Circle *
* *'' (rest of description unchanged). This action will update the
regulatory text of P-56 to match the current street alignment in the
western part of P-56A to be in concert with the FAA's Aeronautical
Products office. The boundary of Area B (P-56B) is not changed by this
action and its description remains as currently published.
Section 73.87 of Title 14 CFR part 73 was republished in FAA Order
7400.8T, effective February 16, 2011.
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 regulation: (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 will only affect air
traffic procedures and air navigation, it is certified that this rule,
when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
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 amends prohibited airspace in the District of Columbia.
Environmental Review
The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, Environmental Impacts: Policies and Procedures,
paragraph 311d. This action is a correction of the technical
description of special use airspace that does not alter the dimensions,
altitudes, or time of designation of the airspace. Specifically, this
action replaces an obsolete street reference in the description. It is
not expected to cause any potentially significant environmental
impacts, and no extraordinary circumstances exist that warrant
preparation of an environmental assessment.
List of Subjects in 14 CFR Part 73
Airspace, Prohibited areas, Restricted areas.
Adoption of 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(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.
Sec. 73.87 [Amended]
0
2. Sec. 73.87 is amended as follows:
* * * * *
P-56 District of Columbia [Amended]
By removing the current boundaries for Area A and substituting the
following:
Boundaries
A. Beginning at the southwest corner of the Lincoln Memorial (lat.
38[deg]53'20'' N., long. 77[deg]03'02'' W.); thence via a 327[deg]
bearing, 0.6 miles, to intersect the Rock Creek and Potomac Parkway, NW
(at lat. 38[deg]53'45'' N., long. 77[deg]03'23'' W.); thence northeast
to the intersection of New Hampshire Avenue, NW and F Street, NW (at
lat. 38[deg]53'50'' N., long. 77[deg]03'17'' W.); thence along New
Hampshire Avenue, NW, 0.4 miles to Washington Circle at the
intersection of New Hampshire Avenue and K Street, NW (lat.
38[deg]54'08'' N., long. 77[deg]03'01'' W.); thence east along K Street
2.5 miles to the railroad overpass between First and Second Streets, NE
(lat. 38[deg]54'08'' N., long. 77[deg]00'13'' W.); thence southeast via
a 158[deg] bearing 0.7 miles, to the southeast corner of Stanton
Square, at the intersection of Massachusetts Avenue and Sixth Street,
NE (lat. 38[deg]53'35'' N., long. 76[deg]59'56'' W.); thence southwest
via a 211[deg] bearing 0.8 miles, to the Capitol Power Plant at the
intersection of New Jersey Avenue and E Street, SE (lat. 38[deg]52'59''
N., long. 77[deg]00'24'' W.); thence west via a 265[deg] bearing 0.7
miles, to the intersection of the Southwest Freeway (Interstate Route
395) and Sixth Street, SW extended (lat. 38[deg]52'56'' N., long.
77[deg]01'12'' W.); thence north along Sixth Street 0.4 miles, to the
intersection of Sixth Street and Independence Avenue, SW (lat.
38[deg]53'15'' N., long. 77[deg]01'12'' W.); thence west along the
north side of Independence Avenue 0.8 miles, to the intersection of
Independence Avenue and 15th Street, SW (lat. 38[deg]53'16'' N., long.
77[deg]02'01'' W.); thence west along the southern lane of Independence
Avenue 0.4 miles to the west end of the Kutz Memorial Bridge over the
Tidal Basin (lat. 38[deg]53'12'' N., long. 77[deg]02'27'' W.); thence
west via a 285[deg] bearing 0.6 miles, to the southwest corner of the
Lincoln Memorial, to the point of beginning.
* * * * *
Issued in Washington, DC, on February 11, 2011.
Edith V. Parish,
Manager, Airspace, Regulations and ATC Procedures Group.
[FR Doc. 2011-3666 Filed 2-17-11; 8:45 am]
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