80_FR_61925 80 FR 61727 - Modification to Restricted Areas R-3602A and R-3602B; Manhattan, KS

80 FR 61727 - Modification to Restricted Areas R-3602A and R-3602B; Manhattan, KS

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 198 (October 14, 2015)

Page Range61727-61729
FR Document2015-26134

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.

Federal Register, Volume 80 Issue 198 (Wednesday, October 14, 2015)
[Federal Register Volume 80, Number 198 (Wednesday, October 14, 2015)]
[Rules and Regulations]
[Pages 61727-61729]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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



                                                             Federal Register / Vol. 80, No. 198 / Wednesday, October 14, 2015 / Rules and Regulations                                       61727

                                            2843775 and 2843779 through 2843791; and                 (j) Related Information                               Manhattan, KS, to accurately identify
                                            Model PA–28R–201 airplanes, serial number                   For more information about this AD,                the R–3602A and R–3602B boundary
                                            2844152, certificated in any category.                   contact Gregory ‘‘Keith’’ Noles, Aerospace            segments described using the Chicago,
                                            (d) Subject                                              Engineer, FAA, Atlanta ACO, 1701 Columbia             Rock Island and Pacific Railroad right-
                                                                                                     Avenue, College Park, Georgia 30337; phone:           of-way, the R–3602A and R–3602B
                                              Joint Aircraft System Component (JASC)/
                                                                                                     (404) 474–5551; fax: (404) 474–5606; email:           shared boundary segment described
                                            Air Transport Association (ATA) of America
                                                                                                     gregory.noles@faa.gov.
                                            Code 5712, Wing Ribs/Bulkhead.                                                                                 using Old U.S. Highway 77, and the R–
                                            (e) Unsafe Condition
                                                                                                     (k) Material Incorporated by Reference                3602A and Riley Military Operations
                                                                                                        (1) The Director of the Federal Register           Area (MOA) shared boundary segment
                                               This AD was prompted by a report of
                                                                                                     approved the incorporation by reference               described using the Milford Reservoir
                                            cracks found in the wing rib bead radius that
                                            were formed during production. We are
                                                                                                     (IBR) of the service information listed in this       shoreline. The restricted area ceilings
                                                                                                     paragraph under 5 U.S.C. 552(a) and 1 CFR             are also amended to be expressed as
                                            issuing this AD to detect and correct cracks
                                            in the wing rib, which if not corrected, could           part 51.                                              flight levels (FL), the Marshall Army Air
                                            result in reduced structural integrity of the               (2) You must use this service information          Field Radio Beacon (RBN) referenced in
                                                                                                     as applicable to do the actions required by
                                            wing with consequent loss of control.                                                                          R–3602B is changed to the Cavalry
                                                                                                     this AD, unless the AD specifies otherwise.
                                            (f) Compliance                                              (i) Piper Aircraft, Inc. Service Bulletin No.      Nondirectional Beacon (NDB), and the
                                                                                                     1279, dated August 26, 2015.                          restricted areas using agency
                                               Comply with this AD within the
                                            compliance times specified, unless already                  (ii) Reserved.                                     information is updated to include the
                                            done.                                                       (3) For Piper Aircraft, Inc. service               military service of the using agency.
                                                                                                     information identified in this AD, contact            This action does not affect the overall
                                            (g) Inspect                                              Piper Aircraft, Inc., Customer Service, 2926          restricted area boundaries, designated
                                               (1) Within the next 25 hours time-in-                 Piper Drive, Vero Beach, Florida 32960;               altitudes, times of designation, or
                                            service after October 29, 2015 (the effective            telephone: (877) 879–0275; fax: none; email:          activities conducted within the
                                            date of this AD), inspect the right wing rib             customer.service@piper.com; Internet:
                                                                                                                                                           restricted areas. Additionally, boundary
                                            at wing station (WS) 140.09 for cracks                   www.piper.com.
                                            following the INSTRUCTIONS section of                       (4) You may review the referenced service          segment amendments of the Riley MOA,
                                            Piper Aircraft, Inc. Service Bulletin No. 1279,          information at the FAA, Small Airplane                ancillary to the restricted area
                                            dated August 26, 2015.                                   Directorate, 901 Locust, Kansas City,                 amendments, are being made. Since the
                                               (2) If any crack is detected during the               Missouri 64106. For information on the                R–3602A and R–3602B restricted areas
                                            inspection required by paragraph (g)(1) of               availability of this material at the FAA, call        share boundaries with the Riley MOA,
                                            this AD, before further flight, obtain and               (816) 329–4148. It is also available on the           the FAA included discussion of the
                                            implement an FAA-approved repair scheme,                 Internet at http://www.regulations.gov by             Riley MOA amendments in this rule.
                                            approved specifically for this AD. At the                searching for locating Docket No. FAA–2015–           Lastly, the MOA using agency is being
                                            operator’s discretion, assistance may be                 4085.
                                            provided by contacting Piper Aircraft, Inc. at
                                                                                                                                                           amended to match the restricted areas
                                                                                                        (5) You may view this service information
                                            the address identified in paragraph (k)(3) of            that is incorporated by reference at the              using agency information.
                                            this AD.                                                 National Archives and Records                              Effective date 0901 UTC,
                                                                                                                                                           DATES:
                                                                                                     Administration (NARA). For information on             December 10, 2015.
                                            (h) Special Flight Permit
                                                                                                     the availability of this material at NARA, call
                                               A special flight permit is allowed without            202–741–6030, or go to: http://                       FOR FURTHER INFORMATION CONTACT:
                                            limitations for the inspection required in               www.archives.gov/federal-register/cfr/ibr-            Colby Abbott, Airspace Policy Group,
                                            paragraph (g)(1) of this AD. If a crack is found         locations.html.
                                            during the inspection required in paragraph
                                                                                                                                                           Office of Airspace Services, Federal
                                            (g)(1) of this AD, a special flight permit is              Issued in Kansas City, Missouri, on                 Aviation Administration, 800
                                            allowed with the following limitations:                  October 1, 2015.                                      Independence Avenue SW.,
                                               (1) Flight must be planned to the nearest             Melvin Johnson,                                       Washington, DC 20591; telephone: (202)
                                            location where repairs can be done;                      Acting Manager, Small Airplane Directorate,           267–8783.
                                               (2) Indicated airspeed must be 120 knots or           Aircraft Certification Service.
                                            less for the entire flight;                                                                                    SUPPLEMENTARY INFORMATION:
                                                                                                     [FR Doc. 2015–25723 Filed 10–13–15; 8:45 am]
                                               (3) Bank angle is not to exceed 30 degrees
                                            for the entire flight;                                   BILLING CODE 4910–13–P                                Authority for This Rulemaking
                                               (4) Maximum load factors must be between                                                                       The FAA’s authority to issue rules
                                            +3.0 and ¥1.0 for the entire flight; and
                                               (5) Flight must be performed VFR, with no             DEPARTMENT OF TRANSPORTATION                          regarding aviation safety is found in
                                            turbulence greater than ‘‘light’’ forecast for                                                                 Title 49 of the United States Code.
                                            the planned flight route and altitude.                   Federal Aviation Administration                       Subtitle I, Section 106 describes the
                                                                                                                                                           authority of the FAA Administrator.
                                            (i) Alternative Methods of Compliance                                                                          Subtitle VII, Aviation Programs,
                                                                                                     14 CFR Part 73
                                            (AMOCs)
                                                                                                                                                           describes in more detail the scope of the
                                               (1) The Manager, Atlanta ACO, FAA, has                [Docket No. FAA–2015–3758; Airspace
                                                                                                                                                           agency’s authority.
                                            the authority to approve AMOCs for this AD,              Docket No. 15–ACE–1]
                                            if requested using the procedures found in 14                                                                     This rulemaking is promulgated
                                                                                                     RIN 2120–AA66                                         under the authority described in
                                            CFR 39.19. In accordance with 14 CFR 39.19,
                                            send your request to your principal inspector                                                                  Subtitle VII, Part A, Subpart I, Section
                                            or local Flight Standards District Office, as
                                                                                                     Modification to Restricted Areas R–
                                                                                                                                                           40103. Under that section, the FAA is
                                            appropriate. If sending information directly             3602A and R–3602B; Manhattan, KS
                                                                                                                                                           charged with prescribing regulations to
                                            to the manager of the ACO, send it to the                AGENCY:  Federal Aviation                             assign the use of the airspace necessary
tkelley on DSK3SPTVN1PROD with RULES




                                            attention of the person identified in
                                                                                                     Administration (FAA), DOT.                            to ensure the safety of aircraft and the
                                            paragraph (j) of this AD.
                                               (2) Before using any approved AMOC,                   ACTION: Final rule, technical                         efficient use of airspace. This regulation
                                            notify your appropriate principal inspector,             amendment.                                            is within the scope of that authority as
                                            or lacking a principal inspector, the manager                                                                  it makes administrative changes to the
                                            of the local flight standards district office/           SUMMARY: This action amends Restricted                descriptions of restricted areas R–3602A
                                            certificate holding district office.                     Areas R–3602A and R–3602B,                            and R–3602B, Fort Riley, KS.


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                                            61728            Federal Register / Vol. 80, No. 198 / Wednesday, October 14, 2015 / Rules and Regulations

                                            Background                                               conducted, the ceilings should have                   pre-existing railroad right-of-way, the
                                               In July 1967, the FAA published a                     been expressed in flight levels (FL). As              highway, and the reservoir shoreline are
                                            rule in the Federal Register (32 FR                      such, the designated altitudes ceiling                able to be accurately reflected by
                                            10296, July 13, 1967) establishing the                   information listed in the restricted area             geographic coordinates. Lastly, the Riley
                                            Manhattan, KS, restricted areas R–                       descriptions are being amended                        MOA using agency is being amended to
                                            3602A and R–3602B in support of U.S.                     accordingly.                                          match the associated restricted areas
                                                                                                        Finally, the Marshall Army Air Field               using agency amendment. The amended
                                            Army requirements for firing various
                                                                                                     RBN navigation aid referenced in R–                   boundaries description, and using
                                            munitions including artillery, mortar,
                                                                                                     3602B was renamed the Cavalry NDB                     agency information will be published in
                                            and rockets. Then, in November 1979,
                                                                                                     and the using agency information for R–               the NFDD; the rest of the MOA legal
                                            the FAA published another rule in the
                                                                                                     3602A and R–3602B does not reflect the                description is unchanged.
                                            Federal Register (44 FR 68452,
                                                                                                     military service of the using agency
                                            November 29, 1979) that amended R–                                                                             The Rule
                                                                                                     listed, nor does it match the using
                                            3602B by reducing airspace in the                        agency for the associated Riley MOA                     This action amends 14 CFR part 73 by
                                            southeast corner of the restricted area                  which surrounds the restricted areas. To              modifying restricted areas R–3602A and
                                            sufficient to permit an instrument                       overcome these issues, the Marshall                   R–3602B at Fort Riley, KS. The FAA is
                                            approach to Runway 03 at the                             Army Air Field RBN name in R–3602B                    taking this action to accurately define
                                            Manhattan Municipal Airport.                             and the using agency information for the              the restricted area boundaries using
                                               When established in 1967, and                         restricted areas and MOA are also being               geographic coordinates to overcome the
                                            subsequently amended in 1979, the                        updated accordingly.                                  loss of the visual landmarks used
                                            boundary descriptions for R–3602A and                                                                          previously, amend how the restricted
                                            R–3602B used visual landmarks,                           Military Operations Areas (MOA)                       area ceilings are expressed, correct the
                                            including the Chicago, Rock Island and                      MOAs are established to separate or                Marshall Army Air Field RBN name in
                                            Pacific Railroad right-of-way; Old U.S.                  segregate non-hazardous military flight               R–3602B, and update the using agency
                                            Highway 77; and the Milford Reservoir                    activities from aircraft operating in                 information to include the military
                                            shoreline, to identify segments of the                   accordance with instrument flight rules               service. The following restricted area
                                            restricted area boundaries. However, the                 (IFR), and to advise pilots flying under              boundary, designated altitudes, and
                                            FAA has become aware that the railroad                   VFR where these activities are                        using agency information is amended as
                                            track was removed, portions of the                       conducted. IFR aircraft may be routed                 indicated:
                                            railroad right-of-way are obscured by                    through an active MOA only by                           The R–3602A boundary segment
                                            trees or has been plowed under for                       agreement with the using agency and                   previously described by the Chicago,
                                            agriculture, and segments of the Old                     only when air traffic control can provide             Rock Island and Pacific Railroad right-
                                            U.S. Highway 77 have been renamed S.                     approved separation from the MOA                      of-way is redefined using the geographic
                                            Main Street in Riley, KS; 12400 Rd W.;                   activity. VFR pilots are not restricted               coordinates, ‘‘lat. 39°17′54″ N., long.
                                            and Governor Harvey Canyon Road. The                     from flying in an active MOA but are                  96°50′12″ W.; to lat. 39°17′43″ N., long.
                                            visual landmarks originally used to                      advised to exercise caution while doing               96°52′27″ W.; to lat. 39°18′21″ N., long.
                                            define the restricted area boundaries are                so. MOAs are nonregulatory airspace                   96°53′49″ W.; to lat. 39°18′09″ N., long.
                                            no longer useful for determining where                   areas that are established or amended                 96°55′04″ W.; to lat. 39°18′23″ N., long.
                                            the restricted area boundaries are                       administratively and published in the                 96°55′59″ W.; to lat. 39°18′24″ N., long.
                                            located or where hazardous activities                    National Flight Data Digest (NFDD)                    96°57′39″ W.’’
                                            may be occurring to pilots unfamiliar                    rather than through rulemaking                          The R–3602B boundary segment
                                            with the Riley, KS, local area.                          procedures. When a nonrulemaking                      previously described by the Chicago,
                                               The FAA worked with the U.S. Army                     action is ancillary to a rulemaking                   Rock Island and Pacific Railroad right-
                                            to redefine the affected boundary                        action, FAA procedures allow for the                  or-way is redefined using the geographic
                                            segments using geographic (latitude/                     nonrulemaking changes to be included                  coordinates, ‘‘lat. 39°13′15″ N., long.
                                            longitude) coordinates. New restricted                   in the rulemaking action. Since the                   96°42′36″ W.; to lat. 39°13′59″ N., long.
                                            area boundary descriptions, using                        Riley MOA amendments are ancillary to                 96°45′25″ W.; to lat. 39°14′34″ N., long.
                                            geographic coordinates, were developed                   the R–3602A and R–3602B amendments                    96°45′58″ W.; to lat. 39°15′20″ N., long.
                                            to overlay the boundaries previously                     being made, the MOA changes are                       96°46′29″ W.; to lat. 39°16′57″ N., long.
                                            identified by the visual landmarks that                  addressed in this rule as well as being               96°48′47″ W.’’
                                            no longer exist. As a result of amending                 published in the NFDD.                                  The R–3602A and R–3602B shared
                                            the restricted area boundaries,                             The Riley MOA boundary description                 boundary segment previously described
                                            corresponding amendments to the Riley                    is being amended to incorporate the                   by Old U.S. Highway 77 is redefined
                                            MOA boundary were also deemed                            geographic coordinates used in the R–                 using the geographic coordinates, ‘‘lat.
                                            necessary to ensure the shared boundary                  3602A and R–3602B boundary                            39°17′45″ N., long. 96°49′51″ W.; to lat.
                                            segments between the restricted areas                    descriptions to redefine the boundary                 39°08′22″ N., long. 96°49′53″ W.’’
                                            and MOA continued to align.                              segments previously defined by the                      The R–3602A geographic coordinates
                                               Additionally, when R–3602A and R–                     Chicago, Rock Island and Pacific                      used for identifying where the boundary
                                            3602B were originally proposed and                       Railroad right-of-way, Old U.S. Highway               intercepts the main body of the Milford
                                            established, the FAA noted that                          77, and the Milford Reservoir shoreline.              Reservoir shoreline are updated to
                                            numerous aircraft, both fixed and rotary                 This amendment will ensure shared                     reflect ‘‘lat. 39°12′40″ N., long. 96°57′40″
                                            wing, would participate in the training                  boundaries with the updated restricted                W.″ and ‘‘lat. 39°10′58″ N., long.
                                            activities being accomplished. The                       area descriptions and prevent airspace                96°54′39″ W.’’
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                                            restricted areas were established with                   conflict with any potential SUA overlap                 The R–3602A and R–3602B
                                            the ceilings being expressed in feet                     resulting from the redefined boundary                 designated altitudes are amended to
                                            above mean sea level (MSL); however,                     segments. With the advent of digital                  express the restricted area ceiling in
                                            since aircraft operations were planned                   charting techniques and tools, the                    terms of flight levels. The restricted area
                                            in the restricted areas, in addition to the              restricted area and MOA boundary                      designated altitudes are changed to
                                            artillery, mortar, and rocket fires being                coordinates associated with defining the              read, ‘‘Surface to FL 290.’’


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                                                             Federal Register / Vol. 80, No. 198 / Wednesday, October 14, 2015 / Rules and Regulations                                            61729

                                               The R–3602B boundary information                      expected to cause any potentially                       Time of designation. Continuous.
                                            reference to the Marshall Army Air                       significant environmental impacts, and                  Controlling agency. FAA, Kansas City
                                            Field RBN navigation aid is amended to                   no extraordinary circumstances exists                 ARTCC.
                                            reflect the ‘‘Cavalry NDB.’’                             that warrant preparation of an                          Using agency. U.S. Army, Commanding
                                               Lastly, the R–3602A and R–3602B                                                                             General, Fort Riley, KS.
                                                                                                     environmental assessment.
                                            using agency information is changed by                                                                         *        *   *     *      *
                                            prefacing the existing using agency with                 List of Subjects in 14 CFR Part 73
                                                                                                                                                             Issued in Washington, DC, on October 7,
                                            ‘‘U.S. Army.’’                                             Airspace, Prohibited areas, Restricted              2015.
                                               This change does not affect the                       areas.                                                Gary A. Norek,
                                            boundaries, designated altitudes,                                                                              Manager, Airspace Policy Group.
                                            activities conducted within the                          Adoption of the Amendment
                                                                                                                                                           [FR Doc. 2015–26134 Filed 10–13–15; 8:45 am]
                                            restricted areas or the actual physical                    In consideration of the foregoing, the
                                                                                                                                                           BILLING CODE 4910–13P
                                            location of the airspace; therefore,                     Federal Aviation Administration
                                            notice and public procedure under 5                      amends 14 CFR part 73 as follows:
                                            U.S.C. 553(b) are unnecessary.
                                               The corresponding restricted area                     PART 73—SPECIAL USE AIRSPACE                          CONSUMER PRODUCT SAFETY
                                            boundary segment amendments noted                                                                              COMMISSION
                                            previously are also made to the Riley                    ■ 1. The authority citation for part 73
                                                                                                     continues to read as follows:                         16 CFR Part 1109 and 1500
                                            MOA boundary information, as needed,
                                            to retain shared boundary segments                         Authority: 49 U.S.C. 106(f), 106(g); 40103,         [Docket No. CPSC–2011–0081]
                                            with R–3602A and R–3602B. And, the                       40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
                                            Riley MOA using agency information is                    1959–1963 Comp., p. 389.                              Amendment To Clarify When
                                            amended to match the restricted areas                                                                          Component Part Testing Can Be Used
                                            using agency information. The amended                    § 73.36    [Amended]                                  and Which Textile Products Have Been
                                            Riley MOA boundary and using agency                      ■ 2. Section 73.36 is amended as                      Determined Not To Exceed the
                                            information changes addressed in this                    follows:                                              Allowable Lead Content Limits
                                            rule will be published in the NFDD as                                                                          AGENCY: U.S. Consumer Product Safety
                                            a separate action with a matching                        R–3602A Manhattan, KS [Amended]
                                                                                                                                                           Commission.
                                            effective date.                                            Boundaries. Beginning at lat. 39°17′45″ N.,
                                                                                                                                                           ACTION: Direct final rule.
                                               This action does not affect the overall               long. 96°49′51″ W.; to lat. 39°17′54″ N., long.
                                            restricted area or MOA boundaries;                       96°50′12″ W.; to lat. 39°17′43″ N., long.             SUMMARY:   The Consumer Product Safety
                                            designated altitudes; times of                           96°52′27″ W.; to lat. 39°18′21″ N., long.
                                                                                                     96°53′49″ W.; to lat. 39°18′09″ N., long.
                                                                                                                                                           Act (‘‘CPSA’’) requires third party
                                            designation; or activities conducted                                                                           testing and certification of children’s
                                            within the restricted areas and MOA.                     96°55′04″ W.; to lat. 39°18′23″ N., long.
                                                                                                     96°55′59″ W.; to lat. 39°18′24″ N., long.             products that are subject to children’s
                                            Regulatory Notices and Analyses                          96°57′39″ W.; to lat. 39°12′40″ N., long.             product safety rules. The Consumer
                                                                                                     96°57′40″ W.; thence along the shoreline of           Product Safety Commission
                                               The FAA has determined that this                      the main body of Milford Reservoir to lat.            (‘‘Commission,’’ or ‘‘CPSC’’) has
                                            regulation only involves an established                  39°10′58″ N., long. 96°54′39″ W.; to lat.             previously issued regulations related to
                                            body of technical regulations for which                  39°10′58″ N., long. 96°53′14″ W.; to lat.             this requirement: A regulation that
                                            frequent and routine amendments are                      39°08′22″ N., long. 96°53′14″ W.; to lat.             allows parties to test and certify
                                            necessary to keep them operationally                     39°08′22″ N., long. 96°49′53″ W.; to the point
                                                                                                     of beginning.
                                                                                                                                                           component parts of products under
                                            current. It, therefore: (1) Is not a
                                                                                                       Designated altitudes. Surface to FL 290.            certain circumstances; and a regulation
                                            ‘‘significant regulatory action’’ under
                                                                                                       Time of designation. Continuous.                    determining that certain materials or
                                            Executive Order 12866; (2) is not a
                                                                                                       Controlling agency. FAA, Kansas City                products do not require lead content
                                            ‘‘significant rule’’ under Department of
                                                                                                     ARTCC.                                                testing. The Commission is issuing a
                                            Transportation (DOT) Regulatory                            Using agency. U.S. Army, Commanding                 direct final rule clarifying when
                                            Policies and Procedures (44 FR 11034;                    General, Fort Riley, KS.                              component part testing can be used and
                                            February 26, 1979); and (3) does not
                                                                                                     R–3602B Manhattan, KS [Amended]                       clarifying which textile products have
                                            warrant preparation of a regulatory
                                                                                                       Boundaries. Beginning at lat. 39°17′45″ N.,
                                                                                                                                                           been determined not to exceed the
                                            evaluation as the anticipated impact is
                                                                                                     long. 96°49′51″ W.; to lat. 39°08′22″ N., long.       allowable lead content limits.
                                            so minimal. Since this is a routine
                                            matter that only affects air traffic                     96°49′53″ W.; to lat. 39°07′54″ N., long.             DATES: The rule is effective on
                                            procedures and air navigation, it is                     96°49′53″ W.; to lat. 39°04′24″ N., long.             December 14, 2015, unless we receive
                                                                                                     96°52′23″ W.; to lat. 39°04′24″ N., long.             significant adverse comment by
                                            certified that this rule, when                           96°51′16″ W.; thence clockwise along the arc
                                            promulgated, does not have a significant                                                                       November 13, 2015. If we receive a
                                                                                                     of a 4 nautical mile radius circle centered on        timely significant adverse comment, we
                                            economic impact on a substantial                         the Cavalry NDB at lat. 39°01′34″ N., long.
                                            number of small entities under the                                                                             will publish notification in the Federal
                                                                                                     96°47′40″ W.; to lat. 39°05′25″ N., long.
                                            criteria of the Regulatory Flexibility Act.              96°46′18″ W.; to lat. 39°06′25″ N., long.             Register, withdrawing this direct final
                                                                                                     96°44′41″ W.; to lat. 39°08′20″ N., long.             rule before its effective date.
                                            Environmental Review                                     96°43′01″ W.; to lat. 39°09′23″ N., long.             ADDRESSES: You may submit comments,
                                              The FAA has determined that this                       96°43′01″ W.; to lat. 39°10′43″ N., long.             identified by Docket No. CPSC–2011–
                                            action qualifies for categorical exclusion               96°40′56″ W.; to lat. 39°12′17″ N., long.             0081, by any of the following methods:
                                            under the National Environmental                         96°40′56″ W.; to lat. 39°13′00″ N., long.                Electronic Submissions: Submit
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                                            Policy Act in accordance with FAA                        96°42′36″ W.; to lat. 39°13′15″ N., long.             electronic comments to the Federal
                                                                                                     96°42′36″ W.; to lat. 39°13′59″ N., long.
                                            Order 1050.1F, Environmental Impacts:                    96°45′25″ W.; to lat. 39°14′34″ N., long.
                                                                                                                                                           eRulemaking Portal at:
                                            Policies and Procedures, paragraph 5–                    96°45′58″ W.; to lat. 39°15′20″ N., long.             www.regulations.gov. Follow the
                                            6.5d. This action is an administrative                   96°46′29″ W.; to lat. 39°16′57″ N., long.             instructions for submitting comments.
                                            change to the technical description of                   96°48′47″ W.; to the point of beginning.              The Commission does not accept
                                            the affected restricted areas and is not                   Designated altitudes. Surface to FL 290.            comments submitted by electronic mail


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Document Created: 2018-02-27 08:50:35
Document Modified: 2018-02-27 08:50:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule, technical amendment.
DatesEffective date 0901 UTC, December 10, 2015.
ContactColby Abbott, Airspace Policy Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267- 8783.
FR Citation80 FR 61727 
RIN Number2120-AA66
CFR AssociatedAirspace; Prohibited Areas and Restricted Areas

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