[Federal Register Volume 69, Number 139 (Wednesday, July 21, 2004)]
[Proposed Rules]
[Pages 43539-43540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16521]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2004-17774; Airspace Docket No. 04-ACE-32]
RIN 2120-AA66


Proposed Modification of Restricted Areas 3601A and 3601B; 
Brookville, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This action proposes to revise Restricted Areas 3601A (R-
3601A) and 3601B (R-3601B), at Brookville, KS. Currently, R-3601 A and 
B are laterally adjacent to each other and have different ceilings. 
This action proposes to combine their lateral boundaries, divide the 
combined area vertically instead of laterally, and expand the vertical 
limits to flight level 230 (FL230). The lower portion of the combined 
area (surface to FL180) would be re-designated as R-3601A and the upper 
portion (FL180 to FL230) as R-3601B. Additionally, this action proposes 
to change the using agency from ``Commander, Kansas ANG, McConnell AFB, 
KS'' to ``Air National Guard, 184th Air Refueling Wing, Detachment 1, 
Smoky Hill ANG Range, Salina, KS.'' These modifications are proposed to 
fulfill new United States Air Force (USAF) requirements for high 
altitude release bomb training for fighter aircraft and medium-to-high 
altitude release bomb training for bombers.

DATES: Comments must be received on or before September 7, 2004.

ADDRESSES: Send comments on this proposal to the Docket Management 
System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh 
Street, SW., Washington, DC 20590-0001. You must identify ``FAA Docket 
No. FAA-2004-17774 and Airspace Docket No. 04-ACE-32,'' at the 
beginning of your comments. You may also submit comments on the 
Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Steve Rohring, 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.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments as they 
may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No. 
FAA-2004-17774 and Airspace Docket No. 04-ACE-32) and be submitted in 
triplicate to the Docket Management System (see ADDRESSES section for 
address and phone number). You may also submit comments through the 
Internet at http://dms.dot.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments 
on this notice must submit with those comments a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to FAA Docket No. FAA-2004-17774 and Airspace Docket No. 04-ACE-32.'' 
The postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date 
for comments will be considered before taking action on the proposed 
rule. The proposal contained in this action may be changed in light of 
comments received. All comments submitted will be available for 
examination in the public docket both before and after the closing date 
for comments. A report summarizing each substantive public contact with 
FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRM's

    An electronic copy of this document may be downloaded through the 
Internet at http://dms.dot.gov. Recently published rulemaking documents 
can also be accessed through the FAA's Web page at http://www.faa.gov 
or the Federal Register's webpage at http://www.gpo.access.gov/fr/index.html.
    You may review the public docket containing the proposal, any 
comments received, and any final disposition in person at the Dockets 
Office (see ADDRESSES section for address and phone number) between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. An 
informal docket may also be examined during normal business hours at 
the office of the Regional Air Traffic Division, Federal Aviation 
Administration, Central Region Headquarters, 901 Locust, Kansas City, 
MO 64106-2641.
    Persons interested in being placed on a mailing list for future 
NPRM's should call the FAA's Office of Rulemaking, (202) 267-9677, for 
a copy of Advisory Circular No. 11-2A, Notice of Proposed Rulemaking 
Distribution System, which describes the application procedure.

History

    On May 21, 2003, the USAF requested that the FAA take action to 
revise R-3601A and R-3601B. R-3601A and R-3601B are currently located 
adjacent to each other laterally and have different ceilings (FL180 and 
6,500 feet above mean sea level (MSL), respectively). Specifically, the 
requested action would combine the current lateral boundaries of R-
3601A and B, divide the combined area vertically instead of laterally, 
and expand the vertical limits to FL230. The lower portion of the 
combined area (surface to FL180) would be re-designated as R-3601A and 
the upper portion (FL180 to FL230) as R-3601B. The net result of the 
requested action would be to expand the vertical limits of the 
restricted area airspace from FL180 to FL230 over the area currently 
designated as R-3601A and from 6,500 feet MSL to FL230 over the area 
currently designated as R-3601B. The USAF indicated that the 
modifications are needed to fulfill new USAF requirements for high 
altitude release bomb training for fighter aircraft and

[[Page 43540]]

medium-to-high altitude release bomb training for bombers. The current 
altitude structure is not sufficient to meet these new training 
requirements. Additionally, the USAF requested that the FAA take action 
to change the using agency of the modified R-3601A and R-3601B from 
``Commander, Kansas ANG, McConnell AFB, KS'' to ``Air National Guard, 
184th Air Refueling Wing, Detachment 1, Smoky Hill ANG Range, Salina, 
KS.''

The Proposal

    In response to a request from the USAF, the FAA is proposing an 
amendment to Title 14 Code of Federal Regulations (14 CFR) part 73 
(part 73) to revise R-3601A and R-3601B. Specifically, this action 
proposes to modify R-3601A and R-3601B by combining their lateral 
boundaries, sub-dividing the combined area vertically (instead of 
laterally), and expanding the vertical limits to FL230. The lower 
portion of the combined area (surface to FL180) would be re-designated 
as R-3601A and the upper portion (FL180 to FL230) as R-3601B. 
Additionally, this action proposes to change the using agency of the 
modified R-3601A and R-3601B from ``Commander, Kansas ANG, McConnell 
AFB, KS'' to ``Air National Guard, 184th Air Refueling Wing, Detachment 
1, Smoky Hill ANG Range, Salina, KS.'' The additional airspace is 
required to fulfill new USAF training requirements. Specifically, the 
new training requirements call for practicing the release of bombs from 
higher altitudes than are currently available within the existing 
restricted areas.
    Section 73.36 of part 73 was republished in FAA Order 7400.8L, 
Special Use Airspace, dated October 7, 2003.
    The FAA has determined that this proposed regulation only involves 
an established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
Therefore, this proposed regulation: (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, when promulgated, 
will not have a significant economic impact on a substantial number of 
small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subjected to an environmental analysis in 
accordance with FAA Order 1050.1E, Procedures for Handling 
Environmental Impacts, prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 73

    Airspace, Navigation (air).

The Proposed Amendment

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

PART 73--SPECIAL USE AIRSPACE

    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.  73.36  [Amended]

    2. Sec.  73.36 is amended as follows:
* * * * *

R-3601A Brookville, KS [Amended]

    By removing the current boundaries, designated altitudes, and 
using agency and substituting the following:
    Boundaries. Beginning at lat. 38[deg]45'20'' N., long. 
97[deg]46'01'' W.; to lat. 38[deg]39'45'' N., long. 97[deg]46'01'' 
W.; then southwest along the Missouri Pacific Railroad Track; to 
lat. 38[deg]38'20'' N., long. 97[deg]47'31'' W.; to lat. 
38[deg]38'20'' N., long. 97[deg]50'01'' W.; to lat. 38[deg]35'00'' 
N., long. 97[deg]50'01'' W.; to lat. 38[deg]35'00'' N., long. 
97[deg]56'01'' W.; to lat. 38[deg]45'20'' N., long. 97[deg]56'01'' 
W.; to the point of beginning.
    Designated altitudes. Surface to but not including FL180.
    Using Agency. Air National Guard, 184th Air Refueling Wing, 
Detachment 1, Smoky Hill ANG Range, Salina, KS.
* * * * *

R-3601B Brookville, KS [Amended]

    By removing the current boundaries, designated altitudes, and 
using agency and substituting the following:
    Boundaries. Beginning at lat. 38[deg]45'20'' N., long. 
97[deg]46'01'' W.; to lat. 38[deg]39'45'' N., long. 97[deg]46'01'' 
W.; then southwest along the Missouri Pacific Railroad Track; to 
lat. 38[deg]38'20'' N., long. 97[deg]47'31'' W.; to lat. 
38[deg]38'20'' N., long. 97[deg]50'01'' W.; to lat. 38[deg]35'00'' 
N., long. 97[deg]50'01'' W.; to lat. 38[deg]35'00'' N., long. 
97[deg]56'01'' W.; to lat. 38[deg]45'20'' N., long. 97[deg]56'01'' 
W.; to the point of beginning.
    Designated altitudes. FL180 to FL230.
    Using Agency. Air National Guard, 184th Air Refueling Wing, 
Detachment 1, Smoky Hill ANG Range, Salina, KS.
* * * * *

    Issued in Washington, DC, July 12, 2004.
Reginald C. Matthews,
Manager, Airspace and Rules.
[FR Doc. 04-16521 Filed 7-20-04; 8:45 am]
BILLING CODE 4910-13-P