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[Federal Register Volume 80, Number 198 (Wednesday, October 14, 2015)]
[Rules and Regulations]
[Pages 61727-61729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26134]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2015-3758; Airspace Docket No. 15-ACE-1]
RIN 2120-AA66

Modification to Restricted Areas R-3602A and R-3602B; Manhattan, 
KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, technical amendment.

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SUMMARY: This action amends Restricted Areas R-3602A and R-3602B, 
Manhattan, KS, to accurately identify the R-3602A and R-3602B boundary 
segments described using the Chicago, Rock Island and Pacific Railroad 
right-of-way, the R-3602A and R-3602B shared boundary segment described 
using Old U.S. Highway 77, and the R-3602A and Riley Military 
Operations Area (MOA) shared boundary segment described using the 
Milford Reservoir shoreline. The restricted area ceilings are also 
amended to be expressed as flight levels (FL), the Marshall Army Air 
Field Radio Beacon (RBN) referenced in R-3602B is changed to the 
Cavalry Nondirectional Beacon (NDB), and the restricted areas using 
agency information is 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 Riley MOA, ancillary to the restricted area 
amendments, are being made. Since the R-3602A and R-3602B restricted 
areas share boundaries with the Riley MOA, the FAA included discussion 
of the Riley MOA amendments in this rule. Lastly, the MOA 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-3602A and R-3602B, Fort Riley, KS.

[[Page 61728]]

Background

    In July 1967, the FAA published a rule in the Federal Register (32 
FR 10296, July 13, 1967) establishing the Manhattan, KS, restricted 
areas R-3602A and R-3602B in support of U.S. Army requirements for 
firing various munitions including artillery, mortar, and rockets. 
Then, in November 1979, the FAA published another rule in the Federal 
Register (44 FR 68452, November 29, 1979) that amended R-3602B by 
reducing airspace in the southeast corner of the restricted area 
sufficient to permit an instrument approach to Runway 03 at the 
Manhattan Municipal Airport.
    When established in 1967, and subsequently amended in 1979, the 
boundary descriptions for R-3602A and R-3602B used visual landmarks, 
including the Chicago, Rock Island and Pacific Railroad right-of-way; 
Old U.S. Highway 77; and the Milford Reservoir shoreline, to identify 
segments of the restricted area boundaries. However, the FAA has become 
aware that the railroad track was removed, portions of the railroad 
right-of-way are obscured by trees or has been plowed under for 
agriculture, and segments of the Old U.S. Highway 77 have been renamed 
S. Main Street in Riley, KS; 12400 Rd W.; and Governor Harvey Canyon 
Road. The visual landmarks originally used to define the restricted 
area boundaries are no longer useful for determining where the 
restricted area boundaries are located or where hazardous activities 
may be occurring to pilots unfamiliar with the Riley, KS, local area.
    The FAA worked with the U.S. Army to redefine the affected boundary 
segments using geographic (latitude/longitude) coordinates. New 
restricted area boundary descriptions, using geographic coordinates, 
were developed to 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 Riley MOA 
boundary were also deemed necessary to ensure the shared boundary 
segments between the restricted areas and MOA continued to align.
    Additionally, when R-3602A and R-3602B were originally proposed and 
established, the FAA noted that numerous aircraft, both fixed and 
rotary wing, would participate in the training activities being 
accomplished. The restricted areas were established with the ceilings 
being expressed in feet above mean sea level (MSL); however, since 
aircraft operations were planned in the restricted areas, in addition 
to the artillery, mortar, and rocket fires being conducted, the 
ceilings should have been expressed in flight levels (FL). As such, the 
designated altitudes ceiling information listed in the restricted area 
descriptions are being amended accordingly.
    Finally, the Marshall Army Air Field RBN navigation aid referenced 
in R-3602B was renamed the Cavalry NDB and the using agency information 
for R-3602A and R-3602B does not reflect the military service of the 
using agency listed, nor does it match the using agency for the 
associated Riley MOA which surrounds the restricted areas. To overcome 
these issues, the Marshall Army Air Field RBN name in R-3602B and the 
using agency information for the restricted areas and MOA are also 
being updated accordingly.

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 Riley MOA amendments are ancillary to the R-3602A and R-3602B 
amendments being made, the MOA changes are addressed in this rule as 
well as being published in the NFDD.
    The Riley MOA boundary description is being amended to incorporate 
the geographic coordinates used in the R-3602A and R-3602B boundary 
descriptions to redefine the boundary segments previously defined by 
the Chicago, Rock Island and Pacific Railroad right-of-way, Old U.S. 
Highway 77, and the Milford Reservoir shoreline. 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. With the advent of digital 
charting techniques and tools, the restricted area and MOA boundary 
coordinates associated with defining the pre-existing railroad right-
of-way, the highway, and the reservoir shoreline are able to be 
accurately reflected by geographic coordinates. Lastly, the Riley MOA 
using agency is being amended to match the associated restricted areas 
using agency amendment. The amended boundaries description, and using 
agency information will be published in the NFDD; the rest of the MOA 
legal description is unchanged.

The Rule

    This action amends 14 CFR part 73 by modifying restricted areas R-
3602A and R-3602B at Fort Riley, KS. The FAA is taking this action to 
accurately define the restricted area boundaries using geographic 
coordinates to overcome the loss of the visual landmarks used 
previously, amend how the restricted area ceilings are expressed, 
correct the Marshall Army Air Field RBN name in R-3602B, and update the 
using agency information to include the military service. The following 
restricted area boundary, designated altitudes, and using agency 
information is amended as indicated:
    The R-3602A boundary segment previously described by the Chicago, 
Rock Island and Pacific Railroad right-of-way is redefined using the 
geographic coordinates, ``lat. 39[deg]17'54'' N., long. 96[deg]50'12'' 
W.; to lat. 39[deg]17'43'' N., long. 96[deg]52'27'' W.; to lat. 
39[deg]18'21'' N., long. 96[deg]53'49'' W.; to lat. 39[deg]18'09'' N., 
long. 96[deg]55'04'' W.; to lat. 39[deg]18'23'' N., long. 
96[deg]55'59'' W.; to lat. 39[deg]18'24'' N., long. 96[deg]57'39'' W.''
    The R-3602B boundary segment previously described by the Chicago, 
Rock Island and Pacific Railroad right-or-way is redefined using the 
geographic coordinates, ``lat. 39[deg]13'15'' N., long. 96[deg]42'36'' 
W.; to lat. 39[deg]13'59'' N., long. 96[deg]45'25'' W.; to lat. 
39[deg]14'34'' N., long. 96[deg]45'58'' W.; to lat. 39[deg]15'20'' N., 
long. 96[deg]46'29'' W.; to lat. 39[deg]16'57'' N., long. 
96[deg]48'47'' W.''
    The R-3602A and R-3602B shared boundary segment previously 
described by Old U.S. Highway 77 is redefined using the geographic 
coordinates, ``lat. 39[deg]17'45'' N., long. 96[deg]49'51'' W.; to lat. 
39[deg]08'22'' N., long. 96[deg]49'53'' W.''
    The R-3602A geographic coordinates used for identifying where the 
boundary intercepts the main body of the Milford Reservoir shoreline 
are updated to reflect ``lat. 39[deg]12'40'' N., long. 96[deg]57'40'' 
W.'' and ``lat. 39[deg]10'58'' N., long. 96[deg]54'39'' W.''
    The R-3602A and R-3602B designated altitudes are amended to express 
the restricted area ceiling in terms of flight levels. The restricted 
area designated altitudes are changed to read, ``Surface to FL 290.''

[[Page 61729]]

    The R-3602B boundary information reference to the Marshall Army Air 
Field RBN navigation aid is amended to reflect the ``Cavalry NDB.''
    Lastly, the R-3602A and R-3602B using agency information is changed 
by prefacing the existing using agency with ``U.S. Army.''
    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 
previously are also made to the Riley MOA boundary information, as 
needed, to retain shared boundary segments with R-3602A and R-3602B. 
And, the Riley MOA using agency information is amended to match the 
restricted areas using agency information. The amended Riley MOA 
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 MOA.

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-3602A Manhattan, KS [Amended]

    Boundaries. Beginning at lat. 39[deg]17'45'' N., long. 
96[deg]49'51'' W.; to lat. 39[deg]17'54'' N., long. 96[deg]50'12'' 
W.; to lat. 39[deg]17'43'' N., long. 96[deg]52'27'' W.; to lat. 
39[deg]18'21'' N., long. 96[deg]53'49'' W.; to lat. 39[deg]18'09'' 
N., long. 96[deg]55'04'' W.; to lat. 39[deg]18'23'' N., long. 
96[deg]55'59'' W.; to lat. 39[deg]18'24'' N., long. 96[deg]57'39'' 
W.; to lat. 39[deg]12'40'' N., long. 96[deg]57'40'' W.; thence along 
the shoreline of the main body of Milford Reservoir to lat. 
39[deg]10'58'' N., long. 96[deg]54'39'' W.; to lat. 39[deg]10'58'' 
N., long. 96[deg]53'14'' W.; to lat. 39[deg]08'22'' N., long. 
96[deg]53'14'' W.; to lat. 39[deg]08'22'' N., long. 96[deg]49'53'' 
W.; to the point of beginning.
    Designated altitudes. Surface to FL 290.
    Time of designation. Continuous.
    Controlling agency. FAA, Kansas City ARTCC.
    Using agency. U.S. Army, Commanding General, Fort Riley, KS.

R-3602B Manhattan, KS [Amended]

    Boundaries. Beginning at lat. 39[deg]17'45'' N., long. 
96[deg]49'51'' W.; to lat. 39[deg]08'22'' N., long. 96[deg]49'53'' 
W.; to lat. 39[deg]07'54'' N., long. 96[deg]49'53'' W.; to lat. 
39[deg]04'24'' N., long. 96[deg]52'23'' W.; to lat. 39[deg]04'24'' 
N., long. 96[deg]51'16'' W.; thence clockwise along the arc of a 4 
nautical mile radius circle centered on the Cavalry NDB at lat. 
39[deg]01'34'' N., long. 96[deg]47'40'' W.; to lat. 39[deg]05'25'' 
N., long. 96[deg]46'18'' W.; to lat. 39[deg]06'25'' N., long. 
96[deg]44'41'' W.; to lat. 39[deg]08'20'' N., long. 96[deg]43'01'' 
W.; to lat. 39[deg]09'23'' N., long. 96[deg]43'01'' W.; to lat. 
39[deg]10'43'' N., long. 96[deg]40'56'' W.; to lat. 39[deg]12'17'' 
N., long. 96[deg]40'56'' W.; to lat. 39[deg]13'00'' N., long. 
96[deg]42'36'' W.; to lat. 39[deg]13'15'' N., long. 96[deg]42'36'' 
W.; to lat. 39[deg]13'59'' N., long. 96[deg]45'25'' W.; to lat. 
39[deg]14'34'' N., long. 96[deg]45'58'' W.; to lat. 39[deg]15'20'' 
N., long. 96[deg]46'29'' W.; to lat. 39[deg]16'57'' N., long. 
96[deg]48'47'' W.; to the point of beginning.
    Designated altitudes. Surface to FL 290.
    Time of designation. Continuous.
    Controlling agency. FAA, Kansas City ARTCC.
    Using agency. U.S. Army, Commanding General, Fort Riley, KS.
* * * * *

    Issued in Washington, DC, on October 7, 2015.
Gary A. Norek,
Manager, Airspace Policy Group.
[FR Doc. 2015-26134 Filed 10-13-15; 8:45 am]
BILLING CODE 4910-13P
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