[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Rules and Regulations]
[Pages 60528-60529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25543]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2015-3780; Airspace Docket No. 15-ACE-5]


Modification to Restricted Areas R-3601A & R-3601B; Brookville, 
KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, technical amendment.

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SUMMARY: This action amends Restricted Areas R-3601A and R-3601B, 
Brookville, KS, to re-define the restricted area boundary segments 
described using the Missouri Pacific Railroad Track visual landmark. 
The restricted areas using agency information is also updated to 
include the military service of the using agency. This action does not 
affect the overall restricted area boundaries, designated altitudes, 
times of designation, or activities conducted within the restricted 
areas. Additionally, boundary segment amendments of the Smoky and Smoky 
High military operations areas (MOA), ancillary to the restricted areas 
amendments, are being made. Since R-3601A and R-3601B share boundaries 
with the Smoky and Smoky High MOAs, the FAA included discussion of the 
Smoky and Smoky High MOAs amendments in this rule. Lastly, the MOAs 
using agency is being amended to match the restricted areas using 
agency information.

DATES: Effective date 0901 UTC, December 10, 2015.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace Policy Group, 
Office of Airspace Services, 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 makes administrative changes to the descriptions of restricted 
areas R-3601A and R-3601B, Brookville, KS.

Background

    In August 1970, the FAA published a rule in the Federal Register 
(35 FR 10107, June 19, 1970) establishing the Brookville, KS, 
restricted areas R-3601A and R-3601B in support of U.S. Air Force 
(USAF) weapons delivery training requirements. The two restricted areas 
were originally established laterally adjacent to each other with 
different ceilings to be activated for use individually, as required. 
Then, in July 2007, the FAA published another rule in the Federal 
Register (72 FR 35917, July 2, 2007) that combined the restricted areas 
lateral boundaries, divided the combined areas vertically instead of 
laterally, and expanded the vertical limits to flight level 230 
(FL230). The lower portion of the combined area (surface to but not 
including FL180) was re-designated as R-3601A and the upper portion 
(FL180 to FL230) as R-3601B. The new configuration supported USAF high 
altitude release bomb training requirements for fighter aircraft and 
new medium-to-high altitude release bomb training requirement for 
bombers.
    When the restricted areas lateral boundaries were combined in 2007, 
the boundaries descriptions for R-3601A and R-3601B used the Missouri 
Pacific Railroad Track to identify a segment of the restricted area 
boundaries. The railroad track was removed years ago and portions of 
the railroad right-of-way is mostly obscured by trees or has been 
plowed under for agriculture. Satellite imagery was used to confirm 
that the railroad right-of-way is no longer clearly visible and is of 
little use to Visual Flight Rules (VFR) aircraft trying to navigate by 
ground reference in the Salina, KS, local area.
    The FAA worked with the USAF to re-define the affected boundary 
segments using geographic (latitude/longitude) coordinates only. The 
new restricted area boundary descriptions overlay the boundaries 
previously identified by the visual landmarks that no longer exist. As 
a result of amending the restricted area boundaries, corresponding 
amendments to the Smoky and Smoky High MOAs boundaries are also 
necessary to retain shared boundary segments between the restricted 
areas and the MOAs.
    Additionally, the R-3601A and R-3601B using agency information does 
not reflect the military service of the using agency listed. To correct 
this absence of information, the using agency information for the 
restricted areas is being updated. To ensure standard using agency 
information for the restricted areas and MOAs supporting the Smoky Hill 
Air National Guard Range, the Smoky and Smoky High MOAs using agency 
information is also being updated.

Military Operations Areas (MOA)

    MOAs are established to separate or segregate non-hazardous 
military flight activities from aircraft operating in accordance with 
instrument flight rules (IFR), and to advise pilots flying under VFR 
where these activities are conducted. IFR aircraft may be routed 
through an active MOA only by agreement with the using agency and only 
when air traffic control can provide approved separation from the MOA 
activity. VFR pilots are not restricted from flying in an active MOA, 
but are advised to exercise caution while doing so. MOAs are 
nonregulatory airspace areas that are established or amended 
administratively and published in the National Flight Data Digest 
(NFDD) rather than through rulemaking procedures. When a nonrulemaking 
action is ancillary to a rulemaking action, FAA procedures allow for 
the nonrulemaking changes to be included in the rulemaking action. 
Since the Smoky and Smoky High MOAs amendments are ancillary to the R-
3601A and R-3601B amendments being made, the MOA changes are addressed

[[Page 60529]]

in this rule as well as being published in the NFDD.
    The Smoky and Smoky High MOAs boundary descriptions are being 
amended to incorporate the geographic coordinates used in the R-3601A 
and R-3601B boundary descriptions to redefine the boundary segments 
previously defined by the Missouri Pacific Railroad Track. This 
amendment will ensure shared boundaries with the updated restricted 
area descriptions and prevent airspace conflict with any potential SUA 
overlap resulting from the redefined boundary segments. Also, the Smoky 
and Smoky High MOAs using agency information is being amended to match 
the associated restricted areas using agency amendments. The amended 
boundary descriptions and using agency information for the MOAs will be 
published in the NFDD; the rest of the MOAs legal descriptions remain 
unchanged.

The Rule

    This action amends 14 CFR part 73 by modifying restricted areas R-
3601A and R-3601B Brookville, KS. The FAA is taking this action to 
accurately define the restricted area boundaries using geographic 
coordinates to overcome the loss of the visual landmark used previously 
and update the using agency information to include the military 
service. The following restricted areas boundary and using agency 
information is amended as indicated:
    The R-3601A and R-3601B boundary segments previously described by 
the Missouri Pacific Railroad Track are redefined using the geographic 
coordinates, ``lat. 38[deg]39'45'' N., long. 97[deg]46'01'' W.; to lat. 
38[deg]38'20'' N., long. 97[deg]47'31'' W.''
    The R-3601A and R-3601B using agency information is amended by 
prefacing the existing using agency with ``U.S. Air Force.''
    This change does not affect the boundaries, designated altitudes, 
activities conducted within the restricted areas or the actual physical 
location of the airspace; therefore, notice and public procedure under 
5 U.S.C. 553(b) are unnecessary.
    The corresponding restricted area boundary segment amendments noted 
above are also being made to the Smoky and Smoky High MOAs boundary 
information, as needed, to retain shared boundaries with R-3601A and R-
3601B. And, the Smoky and Smoky High MOAs using agency information is 
amended to match the restricted areas using agency information. The 
amended Smoky and Smoky High MOAs boundary and using agency information 
changes addressed in this rule will be published in the NFDD as a 
separate action with a matching effective date.
    This action does not affect the overall restricted area or MOA 
boundaries; designated altitudes; times of designation; or activities 
conducted within the restricted areas and MOAs.

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 
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 only affects air traffic procedures 
and air navigation, 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 qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1F, Environmental Impacts: Policies and Procedures, 
paragraph 5-6.5d. This action is an administrative change to the 
technical description of the affected restricted areas and is not 
expected to cause any potentially significant environmental impacts, 
and no extraordinary circumstances exists that warrant preparation of 
an environmental assessment.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

Adoption of 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 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.  73.36  [Amended]

0
2. Section 73.36 is amended as follows:

R-3601A Brookville, KS [Amended]

    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.; 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.
    Time of designation. Monday through Saturday, 0900 to 1700 local 
time; other times by NOTAM 6 hours in advance.
    Controlling agency. FAA, Kansas City ARTCC.
    Using agency. U.S. Air Force, Air National Guard, 184th Air 
Refueling Wing, Detachment 1, Smoky Hill ANG Range, Salina, KS.

R-3601B Brookville, KS [Amended]

    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.; 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.
    Time of designation. Monday through Saturday, 0900 to 1700 local 
time; other times by NOTAM 6 hours in advance.
    Controlling agency. FAA, Kansas City ARTCC.
    Using agency. U.S. Air Force, Air National Guard, 184th Air 
Refueling Wing, Detachment 1, Smoky Hill ANG Range, Salina, KS.
* * * * *

    Issued in Washington, DC, on October 1, 2015.
Kenneth Ready,
Acting Manager, Airspace Policy Group.
[FR Doc. 2015-25543 Filed 10-6-15; 8:45 am]
 BILLING CODE 4910-13-P