[Federal Register Volume 72, Number 126 (Monday, July 2, 2007)]
[Rules and Regulations]
[Pages 35917-35918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12703]


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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


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revises Restricted Areas 3601A (R-3601A) and 3601B 
(R-3601B), at Brookville, KS, in response to a request from the United 
States Air Force (USAF). Specifically, this action revises R-3601A and 
R-3601B by combining their lateral boundaries, expanding the ceiling to 
flight level 230 (FL230), and re-designating the lower portion of the 
combined area as R-3601A and the upper portion as R-3601B. 
Additionally, this action changes the using agency of 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.'' These revisions will fulfill new USAF requirements 
for high altitude release bomb training for fighter aircraft and 
medium-to-high altitude release bomb training for bombers.

EFFECTIVE DATE: 0901 UTC, August 30, 2007.

FOR FURTHER INFORMATION CONTACT: Steve Rohring, Airspace and Rules 
Group, Office of System Operations Airspace and AIM, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591; 
telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION: 

History

    On July 21, 2004, the FAA published in the Federal Register a 
notice of proposed rulemaking to modify the ceiling and lateral 
boundaries, and change the using agency of R-3601A

[[Page 35918]]

and R-3601B to assist the USAF in fulfilling new high altitude release 
bomb training requirements for fighter aircraft and new medium-to-high 
altitude release bomb training requirements for bombers (69 FR 43539). 
The current altitude structure is not sufficient to meet these new 
training requirements. Interested parties were invited to participate 
in the rulemaking effort by submitting written comments on this 
proposal to the FAA. The FAA received no comments in response to the 
proposal. With the exception of editorial changes, this amendment is 
the same as that proposed in the notice.
    Section 73.36 of Title 14 CFR part 73 was republished in FAA Order 
7400.8N, dated February 16, 2007.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 73 by revising R-3601A and R-3601B at Brookville, KS, and changing 
the using agency. Specifically, this action revises R-3601A and R-3601B 
by combining their lateral boundaries, expanding the ceiling, and re-
designating the lower portion (surface to but not including FL 180) as 
R-3601A and the upper portion (FL 180 to FL 230) as R-3601B. The FAA is 
taking this action to assist the USAF in meeting new training 
requirements that call for practicing the release of bombs from higher 
altitudes than are currently available within the existing restricted 
areas. Additionally, this action will change the using agency of 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.'' This action does not change the times of 
use or the controlling agency for R-3601A and R-3601B.
    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.

Environmental Review

    The FAA has determined that the Final Environmental Assessment 
(FEA) prepared by the Kansas Air National Guard for the proposed 
changes to the Smoky, Smokey High, and Bison MOAs and Restricted Areas 
3601A and 3601B meet the criteria for adoption. The FAA has also 
determined that the proposed actions are consistent with existing 
national environmental policies and objectives as set forth in section 
101 of the National Environmental Policy Act (NEPA) and other 
applicable environmental requirements and will not significantly affect 
the quality of the human environment or otherwise include any condition 
requiring consultation pursuant to section 102(2)(c) of NEPA. 
Therefore, on May 10, 2007, the FAA adopted the FEA and issued a 
Finding of No Significant Impact/Record of Decision in accordance with 
FAA Order 1050.1E, Environmental Impacts: Policies and Procedures.

List of Subjects in 14 CFR Part 73

    Airspace, Navigation (air).

The Adoption of the Amendment

0
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.  73.36  [Amended]

0
2. Sec.  73.36 is amended as follows:
* * * * *

R-3601A Brookville, KS [Revised]

    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 [Revised]

    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, June 18, 2007.
Kenneth McElroy,
Acting Manager, Airspace and Rules Group.
 [FR Doc. E7-12703 Filed 6-29-07; 8:45 am]
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