Amendment of Boundaries for Restricted Areas R-5301, R-5302B, and R-5302C; NC

Issuing agencies

Abstract

This action amends geographic coordinates for boundary points listed in the airspace descriptions for restricted areas R-5301, R- 5302B, and R-5302C to correct minor discrepancies that resulted in gaps and overlaps between the areas. This action does not expand any external boundaries or change any altitudes, times of designation, or activities conducted within the restricted areas.

Full Text

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<title>Federal Register, Volume 91 Issue 197 (Wednesday, October 14, 2026)</title>
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[Federal Register Volume 91, Number 197 (Wednesday, October 14, 2026)]
[Rules and Regulations]
[Pages 65107-65109]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20974]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2026-12475; Airspace Docket No. 26-ASO-14]
RIN 2120-AA66


Amendment of Boundaries for Restricted Areas R-5301, R-5302B, and 
R-5302C; NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends geographic coordinates for boundary points 
listed in the airspace descriptions for restricted areas R-5301, R-
5302B, and R-5302C to correct minor discrepancies that resulted in gaps 
and overlaps between the areas. This action does not expand any 
external boundaries or change any altitudes, times of designation, or 
activities conducted within the restricted areas.

DATES: Effective date 0901 UTC, December 24, 2026.

ADDRESSES: A copy of this final rule and all background material may be 
viewed online at <a href="http://www.regulations.gov">www.regulations.gov</a> 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

[[Page 65108]]

may also be downloaded from <a href="http://www.federalregister.gov">www.federalregister.gov</a>.

FOR FURTHER INFORMATION CONTACT: Ashley Toth, Airspace Regulation 
Group, Operational 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 amends the coordinates for restricted areas R-5301, R-
5302B, and R-5302C in North Carolina to close small gaps and eliminate 
overlaps between the restricted areas.

Background

    The FAA recently conducted a review of restricted areas R-5301, R-
5302B, and R-5302C, revealing minor discrepancies in the points 
defining the areas. The FAA identified small gaps and overlap points 
based on the coordinates used in the boundary descriptions, which 
necessitates this amendment to accurately align the restricted areas. 
Moreover, the U.S. Marine Corps, the using agency, requested that the 
FAA amend the coordinates to eliminate these gaps and overlaps.

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 
minor technical amendments only. It does not affect the external 
boundaries or change the altitudes, time of designation, operating 
requirements, or activities conducted in the restricted areas. 
Therefore, the FAA finds good cause that notice and public procedure 
under 5 U.S.C. 553(b) are unnecessary.

The Rule

    This action amends 14 CFR part 73 by updating the coordinates used 
in the boundary descriptions to accurately align restricted areas R-
5301, R-5302B, and R-5302C, eliminating gaps and overlaps. The first 
coordinate listed in R-5301 is changed from ``lat. 36[deg]04'56'' N, 
long. 76[deg]16'47'' W'' to ``lat. 36[deg]04'56'' N, long. 
76[deg]16'48'' W''. Two tie-in coordinates are added to R-5302B, ``lat. 
36[deg]04'23'' N, long. 076[deg]20'59'' W'' to ``lat. 36[deg]04'56'' N, 
long. 076[deg]16'48'' W'', to eliminate overlap and provide coincidence 
with R-5301. Finally, an additional tie-in coordinate is added to R-
5302B and R-5302C, ``lat. 36[deg]00'01'' N, long. 76[deg]14'29'' W'', 
to eliminate overlap and provide coincidence with R-5302A.

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 Procedures'' (March 10, 2025); 
and (3) is anticipated to have a minimal economic impact, as it only 
affects air traffic procedures and air navigation, resulting in at most 
de minimis costs from minor rerouting of flights. Since this is a 
routine matter that only affects air traffic procedures with de minimis 
impact on operators, 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 an administrative 
change of updating the coordinates used in the boundary descriptions to 
accurately align restricted areas R-5301, R-5302B, and R-5302C, NC, 
eliminating gaps and overlaps, 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-2.5 (d) 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 Appendix B, paragraph B-1 of FAA Order 
1050.1G 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. Accordingly, 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
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 (NC) [Amended]

0
2. Section 73.53 is amended as follows:
* * * * *

R-5301 Harvey Point, NC [Amended]

    Boundaries. Beginning at lat. 36[deg]04'56'' N, long. 
76[deg]16'48'' W; to lat. 36[deg]04'23'' N, long. 76[deg]20'59'' W; 
to lat. 36[deg]06'58'' N, long. 76[deg]20'58'' W; thence clockwise 
via a 3 nautical mile arc centered at lat. 36[deg]04'01'' N, long. 
76[deg]20'19'' W; to the point of beginning.
    Designated altitudes. Surface to 14,000 feet MSL.
    Time of designation. Continuous.
    Controlling agency. USMC, MCAS Cherry Point CERAP.
    Using agency. USMC, Commanding Officer, MCAS Cherry Point, NC.
* * * * *

[[Page 65109]]

R-5302B Albemarle Sound, NC [Amended]

    Boundaries. Beginning at lat. 36[deg]04'59'' N, long. 
76[deg]16'29'' W; to lat. 36[deg]04'01'' N, long. 76[deg]05'59'' W; 
to lat. 36[deg]00'01'' N, long. 76[deg]05'59'' W; to lat. 
36[deg]00'01'' N, long. 76[deg]12'59'' W; to lat. 36[deg]00'01'' N, 
long. 76[deg]14'29'' W; to lat. 36[deg]00'04'' N, long. 
76[deg]24'17'' W; thence clockwise via a 4 nautical mile arc 
centered at lat. 36[deg]02'01'' N, long. 76[deg]19'59'' W; to lat. 
36[deg]03'56'' N, long. 76[deg]24'18'' W; to lat. 36[deg]04'23'' N, 
long. 076[deg]20'59'' W; to lat. 36[deg]04'56'' N, long. 
076[deg]16'48'' W; to the point of beginning.
    Designated altitudes. 100 feet AGL to 14,000 feet MSL.
    Time of designation. By NOTAM at least 24 hours in advance.
    Controlling agency. USMC, MCAS Cherry Point CERAP.
    Using agency. USMC, Commanding Officer, MCAS Cherry Point, NC.

R-5302C Albemarle Sound, NC [Amended]

    Boundaries. Beginning at lat. 36[deg]00'01'' N, long. 
76[deg]12'59'' W; to lat. 35[deg]58'50'' N, long. 76[deg]16'58'' W; 
thence clockwise via a 4 nautical mile arc centered at lat. 
36[deg]02'01'' N, long. 76[deg]19'59'' W; to lat. 36[deg]00'04'' N, 
long. 76[deg]24'17'' W; to lat. 36[deg]00'01'' N, long. 
76[deg]14'29'' W; to the point of beginning.
    Designated altitudes. 100 feet AGL to 3,000 feet MSL.
    Time of designation. By NOTAM at least 24 hours in advance.
    Controlling agency. USMC, MCAS Cherry Point CERAP.
    Using agency. USMC, Commanding Officer, MCAS Cherry Point, NC.
* * * * *

    Issued in Washington, DC, on October 8, 2026.
Brian Eric Konie,
Acting Manager, Airspace Regulation Group.
[FR Doc. 2026-20974 Filed 10-13-26; 8:45 am]
BILLING CODE 4910-13-P


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