Establishment of Restricted Areas R-5306G and R-5306H and Amendment of Restricted Areas R-5306C and R-5306E; Cherry Point, NC

Issuing agencies

Abstract

This action establishes restricted areas R-5306G and R-5306H at Marine Corps Air Station (MCAS), Cherry Point, NC. This action also amends R-5306C and R-5306D by modifying two latitude/longitude coordinates and amends the controlling agency for R-5306A, R-5306C, R- 5306D, and R-5306E to reflect MCAS Cherry Point Combined Center Radar Approach Control (CERAP).

Full Text

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<title>Federal Register, Volume 91 Issue 199 (Friday, October 16, 2026)</title>
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[Federal Register Volume 91, Number 199 (Friday, October 16, 2026)]
[Rules and Regulations]
[Pages 65681-65683]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21179]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2023-0451; Airspace Docket No. 20-ASO-27]
RIN 2120-AA66


Establishment of Restricted Areas R-5306G and R-5306H and 
Amendment of Restricted Areas R-5306C and R-5306E; Cherry Point, NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes restricted areas R-5306G and R-5306H 
at Marine Corps Air Station (MCAS), Cherry Point, NC. This action also 
amends R-5306C and R-5306D by modifying two latitude/longitude 
coordinates and amends the controlling agency for R-5306A, R-5306C, R-
5306D, and R-5306E to reflect MCAS Cherry Point Combined Center Radar 
Approach Control (CERAP).

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

ADDRESSES: A copy of the notice of proposed rulemaking (NPRM), all 
comments received, 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 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

[[Page 65682]]

airspace. This regulation is within the scope of that authority as it 
modifies restricted area airspace at Cherry Point, NC, to enhance 
aviation safety and accommodate essential U.S. Marine Corps training 
activities.

History

    The FAA published an NPRM for Docket No. FAA-2023-0451 in the 
Federal Register (88 FR 18444; March 29, 2023), proposing to establish 
restricted areas R-5306G and R-5306H and to amend restricted areas R-
5306C and R-5306D at MCAS Cherry Point, NC. Interested parties were 
invited to participate in this rulemaking effort by submitting written 
comments on the proposal to the FAA. One comment was received, 
expressing support for the proposal.

Differences From the NPRM

    In the NPRM, the legal descriptions for R-5306A, R-5306C, R-5306D, 
and R-5306E used the controlling agency's full name, Marine Corps Air 
Station Cherry Point Combined Center Radar Approach Control (CERAP). In 
the final rule, the descriptions use the acronym MCAS Cherry Point 
CERAP to be consistent with other controlling agency descriptions 
associated with MCAS Cherry Point. This represents a ministerial 
adjustment that does not alter the boundaries of the restricted areas, 
times of use, etc. Accordingly, FAA finds good cause that recirculating 
the NPRM for notice and comment is unnecessary.

The Rule

    This action amends 14 CFR part 73 by establishing restricted areas 
R-5306G and R-5306H, modifying R-5306C and R-5306D, and updating the 
controlling agency for R-5306A, R-5306C, R-5306D, and R-5306E at Cherry 
Point, NC. R-5306G and R-5306H overlie restricted areas R-5306C, R-
5306D, and R-5306E. R-5306G extends from 18,000 feet mean sea level 
(MSL) to 23,000 feet MSL. The time of designation is intermittent, 
0600-0000 local time Monday through Friday, other times by NOTAM. R-
5306H extends from 23,001 feet MSL to 27,000 feet MSL. The time of 
designation is intermittent, by NOTAM, 4 hours in advance, 0001-1230 
local time, May 1-October 31. This action also amends two latitude/
longitude coordinates used in the legal description of R-5306C and R-
5306D and amends the controlling agency for R-5306A, R-5306C, R-5306D, 
and R-5306E to MCAS Cherry Point CERAP.

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 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 is adopting the United States Marine Corps' (USMC) 
Environmental Assessment for the enhancement of air and ground training 
and readiness via the FAA's establishment of restricted areas R-5306G 
and R-5306H and the subsequent Continuing Environmental Review 
Statements (CERs) completed on September 14, 2023, and December 5, 
2023. The USMC's EA and FAA's adoption of that EA were produced in 
accordance with the requirements of the National Environmental Policy 
Act (NEPA) (42 U.S.C. 4321 et seq.) and the FAA's procedural provisions 
of NEPA in FAA Orders 1050.1G (``FAA National Environmental Policy Act 
Implementing Procedures''), and JO 7400.2R, (``Procedures for Handling 
Airspace Matters''), which set forth the FAA's procedures for 
evaluating changes to the NAS which includes establishing and modifying 
SUA. The FAA, in fulfilling its mandated role as a NEPA Cooperating 
Agency for the USMC's proposed actions within restricted areas R-5306G 
and R-5306H, adopted the U.S. Marine Corps Final EA in a separate FAA 
NEPA adoption document and Record of Decision (ROD).
    Additionally, the FAA has determined that the action of modifying 
two latitude/longitude coordinates and amending the controlling agency 
for R-5306A, R-5306C, R-5306D, and R-5306E 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, Environmental 
Impacts: Policies and Procedures, 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, as it relates to R-5306A, R-5306C, R-5306D, and R-5306E, 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 with respect 
to R-5306A, R-5306C, R-5306D, and R-5306E.

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-5306A Cherry Point, NC [Amended]

    Boundaries. Beginning at lat. 35[deg]23'16'' N., long. 
76[deg]34'39'' W; to lat. 35[deg]18'16'' N, long. 76[deg]16'39'' W; 
to lat. 35[deg]04'31'' N, long. 76[deg]04'29'' W; to lat. 
34[deg]46'46'' N, long. 76[deg]24'44'' W; to lat. 34[deg]46'01'' N, 
long. 76[deg]29'59'' W; to lat. 35[deg]08'01'' N, long. 
76[deg]51'19'' W; thence to the point of beginning.
    Designated altitudes. Surface to but not including FL 180.
    Time of designation. Continuous.
    Controlling agency. USMC, MCAS Cherry Point CERAP.
    Using agency. USMC, Commanding Officer, U.S. Marine Corps Air 
Station Cherry Point, NC.
* * * * *

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R-5306C Cherry Point, NC [Amended]

    Boundaries. Beginning at lat. 34[deg]51'01'' N, long. 
77[deg]05'29'' W; to lat. 34[deg]42'01'' N, long. 76[deg]54'44'' W; 
to lat. 34[deg]41'51'' N, long. 76[deg]56'19'' W; to lat. 
34[deg]37'36'' N, long. 76[deg]56'19'' W; thence southwest along a 
line 3 nautical miles from and parallel to the shoreline; to lat. 
34[deg]34'16'' N, long. 77[deg]08'51'' W; to lat. 34[deg]34'31'' N, 
long. 77[deg]08'59'' W; to lat. 34[deg]44'51'' N, long. 
77[deg]14'39'' W; to lat. 34[deg]49'31'' N, long. 77[deg]09'59'' W; 
thence to the point of beginning.
    Designated altitudes. From 1,200 feet MSL to but not including 
FL 180.
    Time of designation. Continuous.
    Controlling agency. USMC, MCAS Cherry Point CERAP.
    Using agency. USMC, Commanding Officer, U.S. Marine Corps Air 
Station Cherry Point, NC.
* * * * *

R-5306D Cherry Point, NC [Amended]

    Boundaries. Beginning at lat. 34[deg]44'51'' N, long. 
77[deg]14'39'' W; to lat. 34[deg]34'31'' N, long. 77[deg]08'59'' W; 
to lat. 34[deg]34'16'' N, long. 77[deg]08'51'' W; thence southwest 
along a line 3 nautical miles from and parallel to the shoreline; to 
lat. 34[deg]30'26'' N, long. 77[deg]15'55'' W; to lat. 
34[deg]33'01'' N, long. 77[deg]18'59'' W; to lat. 34[deg]36'06'' N, 
long. 77[deg]26'07'' W; to lat. 34[deg]40'01'' N, long. 
77[deg]21'59'' W; to lat. 34[deg]39'11'' N, long. 77[deg]20'49'' W; 
thence to the point of beginning.
    Designated altitudes. Surface to but not including FL 180.
    Time of designation. Continuous.
    Controlling agency. USMC, MCAS Cherry Point CERAP.
    Using agency. USMC, Commanding General, Marine Corps 
Installations East-Marine Corps Base Camp Lejeune, NC.
* * * * *

R-5306E Cherry Point, NC [Amended]

    Boundaries. Beginning at lat. 34[deg]40'21'' N, long. 
77[deg]22'11'' W; to lat. 34[deg]40'01'' N, long. 77[deg]21'59'' W; 
to lat. 34[deg]36'06'' N, long. 77[deg]26'07'' W; to lat. 
34[deg]38'13'' N, long. 77[deg]25'59'' W; thence to the point of 
beginning.
    Designated altitudes. Surface to but not including FL 180.
    Time of designation. Continuous.
    Controlling agency. USMC, MCAS Cherry Point CERAP.
    Using agency. USMC, Commanding General, Marine Corps 
Installations East-Marine Corps Base Camp Lejeune, NC.
* * * * *

R-5306G Cherry Point, NC [New]

    Boundaries. Beginning at lat. 34[deg]51'01'' N, long. 
77[deg]05'29'' W; to lat. 34[deg]42'01'' N, long. 76[deg]54'44'' W; 
to lat. 34[deg]41'51'' N, long. 76[deg]56'19'' W; to lat. 
34[deg]37'36'' N, long. 76[deg]56'19'' W; thence southwest 3 NM from 
and parallel to the shoreline; to lat. 34[deg]30'26'' N, long. 
77[deg]15'55'' W; to lat. 34[deg]33'01'' N, long. 77[deg]18'59'' W; 
to lat. 34[deg]36'06'' N, long. 77[deg]26'07'' W; to lat. 
34[deg]38'13'' N, long. 77[deg]25'59'' W; to lat. 34[deg]40'21'' N, 
long. 77[deg]22'11'' W; to lat. 34[deg]40'01'' N, long. 
77[deg]21'59'' W; to lat. 34[deg]39'11'' N, long. 77[deg]20'49'' W; 
to lat. 34[deg]44'51'' N, long. 77[deg]14'39'' W; to lat. 
34[deg]49'31'' N, long. 77[deg]09'59'' W; to the point of beginning.
    Designated altitudes. 18,000 feet MSL to 23,000 feet MSL.
    Time of designation. Intermittent, 0600-0000 local time Monday-
Friday, other times by NOTAM.
    Controlling agency. USMC, MCAS Cherry Point CERAP.
    Using agency. USMC, Commanding Officer, U.S. Marine Corps Air 
Station Cherry Point, NC.
* * * * *

R-5306H Cherry Point, NC [New]

    Boundaries. Beginning at lat. 34[deg]51'01'' N, long. 
77[deg]05'29'' W; to lat. 34[deg]42'01'' N, long. 76[deg]54'44'' W; 
to lat. 34[deg]41'51'' N, long. 76[deg]56'19'' W; to lat. 
34[deg]37'36'' N, long. 76[deg]56'19'' W; thence southwest 3 NM from 
and parallel to the shoreline; to lat. 34[deg]30'26'' N, long. 
77[deg]15'55'' W; to lat. 34[deg]33'01'' N, long. 77[deg]18'59'' W; 
to lat. 34[deg]36'06'' N, long. 77[deg]26'07'' W; to lat. 
34[deg]38'13'' N, long. 77[deg]25'59'' W; to lat. 34[deg]40'21'' N, 
long. 77[deg]22'11'' W; to lat. 34[deg]40'01'' N, long. 
77[deg]21'59'' W; to lat. 34[deg]39'11'' N, long. 77[deg]20'49'' W; 
to lat. 34[deg]44'51'' N, long. 77[deg]14'39'' W; to lat. 
34[deg]49'31'' N, long. 77[deg]09'59'' W; to the point of beginning.
    Designated altitudes. 23,001 feet MSL to 27,000 feet MSL.
    Time of designation. Intermittent, by NOTAM 4 hours in advance, 
0001-1230 local time May 1 through October 31.
    Controlling agency. FAA, Washington ARTCC.
    Using agency. USMC, Commanding Officer, U.S. Marine Corps Air 
Station Cherry Point, NC.
* * * * *

    Issued in Washington, DC, on October 9, 2026.
Brian Eric Konie,
Acting Manager, Airspace Regulation Group.
[FR Doc. 2026-21179 Filed 10-15-26; 8:45 am]
BILLING CODE 4910-13-P


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