60528 Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Rules and Regulations 

design certification may consult with 

NRC staff before filing an application by 

writing to the Director, Division of New 

Reactor Licensing, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, with respect to the 

subject matters listed in § 2.802(b)(1). A 

prospective applicant also may 

telephone the Rules, Announcements, 

and Directives Branch, toll free on 1– 

800–368–5642, or send an email to 

Rulemaking.Comments@nrc.gov on 

these subject matters. In addition, a 

prospective applicant may confer 

informally with NRC staff before filing 

an application for a standard design 

certification, and the limitations on 

consultation in § 2.802(b)(2) do not 

apply. 

Dated at Rockville, Maryland, this 1st day 

of October, 2015. 

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

[FR Doc. 2015–25563 Filed 10–6–15; 8:45 am] 

BILLING CODE 7590–01–P 

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. 

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 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Rules and Regulations 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°39′45′′ N., long. 

97°46′01′′ W.; to lat. 38°38′20′′ N., long. 

97°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 

■ 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. 

§ 73.36 [Amended] 

■ 2. Section 73.36 is amended as 

follows: 

R–3601A Brookville, KS [Amended] 

Boundaries. Beginning at lat. 38°45′20′′ N., 

long. 97°46′01′′ W.; to lat. 38°39′45′′ N., long. 

97°46′01′′ W.; to lat. 38°38′20′′ N., long. 

97°47′31′′ W.; to lat. 38°38′20′′ N., long. 

97°50′01′′ W.; to lat. 38°35′00′′ N., long. 

97°50′01′′ W.; to lat. 38°35′00′′ N., long. 

97°56′01′′ W.; to lat. 38°45′20′′ N., long. 

97°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°45′20′′ N., 

long. 97°46′01′′ W.; to lat. 38°39′45′′ N., long. 

97°46′01′′ W.; to lat. 38°38′20′′ N., long. 

97°47′31′′ W.; to lat. 38°38′20′′ N., long. 

97°50′01′′ W.; to lat. 38°35′00′′ N., long. 

97°50′01′′ W.; to lat. 38°35′00′′ N., long. 

97°56′01′′ W.; to lat. 38°45 20′′ N., long. 

97°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 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 744 

[Docket No. 150817734–5734–01] 

RIN 0694–AG72 

Revisions to the Unverified List (UVL) 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: The Bureau of Industry and 

Security (BIS) is amending the Export 

Administration Regulations (EAR) by 

adding twelve (12) persons to the 

Unverified List (the ‘‘Unverified List’’ or 

UVL), adding additional addresses for 

four (4) persons currently listed on the 

UVL, and removing two (2) persons 


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