[Federal Register Volume 76, Number 228 (Monday, November 28, 2011)]
[Proposed Rules]
[Pages 72869-72872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30495]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA-2011-0117; Airspace Docket No. 09-AGL-31]
Proposed Establishment of Restricted Areas R-5402, R-5403A, R-
5403B, R-5403C, R-5403D, R-5403E, and R-5403F; Devils Lake, ND
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This action proposes to establish restricted area airspace
within the Devils Lake Military Operations Area (MOA), overlying Camp
Grafton Range, in the vicinity of Devils Lake, ND. The new restricted
areas would permit realistic training in modern tactics to be conducted
at Camp Grafton Range while ensuring the safe and efficient use of the
National Airspace System (NAS) in the Devils Lake, ND, area. Unlike
restricted areas which are designated under Title 14 Code of Federal
Regulations (14 CFR) part 73, MOAs are not rulemaking airspace actions.
However, since the proposed restricted areas overlap the Devils Lake
East MOA, the FAA is including a description of the Devils Lake East
MOA change in this NPRM. The MOA change described herein will also be
published in the National Flight Data Digest (NFDD).
DATES: Comments must be received on or before January 12, 2012.
ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue SE.,
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001;
telephone: (202) 366-9826. You must identify FAA Docket No. FAA-2011-
0117 and Airspace Docket No. 09-AGL-31, at the beginning of your
comments. You may also submit comments through the Internet at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace, Regulations
and ATC Procedures Group, Office of Airspace Services, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone: (202) 267-8783.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers (FAA Docket No.
FAA-2011-0117 and Airspace Docket No. 09-AGL-31) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2011-0117 and Airspace Docket No. 09-AGL-31.''
The postcard will be date/time stamped and returned to the commenter.
All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.
Availability of NPRMs
An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. An
informal docket may also be examined during normal business hours at
the office of the Central Service Center, Operations Support Group,
Federal Aviation Administration, 2601 Meacham Blvd. Fort Worth, TX
76137.
Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking, (202) 267-9677,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.
Background
Resulting from the 2005 Base Realignment and Closure Commission
decisions, Grand Forks AFB was selected for a mission change from its
existing aerial refueling mission to an emerging unmanned aerial system
(UAS) mission. To accommodate this mission change, the United States
(U.S.) Air Force is establishing an operational MQ-1, Predator,
squadron at Hector International Airport, ND, with eight Predator
aircraft being located at Grand Forks AFB. The launch and recovery
operations and maintenance support activities for these aircraft will
be accomplished at Grand Forks AFB. Additionally, the U.S. Air Force is
[[Page 72870]]
establishing a second Global Hawk Main Operating Base for RQ-4, Global
Hawk, operations, with six to eight Global Hawk aircraft to be assigned
at Grand Forks AFB as well.
The UAS aircraft programmed to arrive at Grand Forks AFB will have
mission and training requirements that include employing Intelligence/
Reconnaissance/Surveillance, Close Air Support, and Time Sensitive
Targeting tactics. Predator laser training will be accomplished at Camp
Grafton Range near Devils Lake, ND. Since the Predator onboard laser
system is not eye-safe, its use during training must be contained
within restricted area airspace. Restricted areas are regulatory
airspace areas that are designated under 14 CFR part 73 rulemaking
procedures to contain activities that may present a hazard to
nonparticipating aircraft. No person may operate an aircraft within a
restricted area without the advance permission of the using or
controlling agency.
With the emerging UAS mission at Grand Forks AFB and associated
laser training requirements at Camp Grafton Range, the existing R-5401
restricted area surrounding the range is inadequate to satisfy laser
training requirements for realistic mission profiles above 5,000 feet
mean sea level (MSL). In order to fully exploit the capabilities of
today's UAS aircraft and provide the essential training that replicates
the conditions that are encountered during wartime deployments today,
it is necessary to expand the restricted airspace around Camp Grafton
Range. The U.S. Air Force has proposed the FAA establish restricted
areas surrounding Camp Grafton Range and R-5401 to enable realistic UAS
mission profiles above 5,000 feet MSL to contain the hazardous non-eye
safe laser training.
The proposed restricted areas would be established within the
existing Devils Lake East MOA and would also extend beyond the MOA's
southern boundary approximately 10 NM at the furthest point.
Additionally, the Devils Lake East and Devils Lake West MOAs and the
existing air traffic control assigned airspaces associated with the
MOAs would be retained to support integrated training activities; thus,
allowing Predator crews to train for real world mission scenarios with
other manned aircraft. To prevent confusion and conflict of having the
proposed restricted areas and the existing MOA active in the same
airspace at the same time, the Devils Lake East MOA would be amended to
exclude R-5401 and the proposed restricted areas when they are active.
MOAs are nonregulatory airspace areas that are established
administratively and published in the NFDD. 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 visual flight rules (VFR) where these
activities are conducted. IFR aircraft may be routed through an active
MOA 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.
Normally, MOA proposals are not published in an NPRM, but are
advertised for public comment through a nonrule circular distributed by
an FAA Service Center office to aviation interests in the affected
area. When a nonrulemaking action is an integral part of a rulemaking
action, FAA procedures allow for the nonrulemaking proposal to be
included in the NPRM. Since R-5401 and the proposed restricted areas R-
5402, R-5403A, R-5403B, R-5403C, R-5403D, R-5403E, and R-5403F all
infringe on the Devils Lake East MOA, the FAA is including a
description of the Devils Lake East MOA amendment in this NPRM.
Comments on the proposed MOA change may also be submitted as indicated
above in the ``Comments Invited'' section of this NPRM.
Proposed MOA Change
The FAA is proposing to amend the Devils Lake East MOA legal
description to exclude that airspace within the proposed restricted
areas R-5402, R-5403A, R-5403B, R-5403C, R-5403D, R-5403E, and R-5403F,
which overlaps airspace within the MOA, when any of the restricted
areas are active, respectively. The intent would be to exclude the
restricted areas individually only as they are activated. Additionally,
the Devils Lake East MOA amendment will retain and move the R-5401
exclusionary language contained in the altitude information of the
legal description to the boundaries information. Except for moving the
R-5401 exclusion information, the altitude and time of use descriptions
for Devils Lake East MOA will remain unchanged. This proposed amendment
will prevent airspace conflict with the overlapping existing and
proposed restricted areas.
Devils Lake East MOA, ND [Amended]
By removing the current boundaries and altitudes descriptions and
substituting the following:
Boundaries. Beginning at lat. 47[deg]50'00'' N., long.
99[deg]09'01'' W.; to lat. 47[deg]47'00'' N., long. 99[deg]00'01''
W.; to lat. 47[deg]50'00'' N., long. 98[deg]17'01'' W.; to lat.
47[deg]35'00'' N., long. 98[deg]07'01'' W.; to lat. 47[deg]19'00''
N., long. 97[deg]44'01'' W.; at lat. 47[deg]07'00'' N., long.
98[deg]12'01'' W.; to lat. 47[deg]14'00'' N., long. 98[deg]22'01''
W.; to lat. 47[deg]25'00'' N., long. 99[deg]15'01'' W.; to lat.
47[deg]25'00'' N., long. 99[deg]41'01'' W.; to the point of
beginning, excluding R-5401, R-5402, R-5403A, R-5403B, R-5403C, R-
5403D, R-5403E, and R-5403F when active.
Altitudes. 3,500 feet MSL to but not including FL 180.
Restricted Area Proposal
The FAA is proposing to amend 14 CFR part 73 to expand the vertical
and lateral limits of restricted area airspace over Camp Grafton Range
to contain hazardous non-eye safe laser training operations by an
emerging UAS mission at Grand Forks Air Force Base (AFB), transforming
the range into a viable non-eye safe laser training location. Camp
Grafton Range currently is surrounded by R-5401; however, the lateral
boundaries and altitude are insufficient to contain the laser training
mission profiles and tactics flown today in combat operations. This
proposal would supplement R-5401 and establish additional restricted
areas, R-5402, R-5403A, R-5403B, R-5403C, R-5403D, R-5403E, and R-
5403F, to provide the vertical and lateral tactical maneuver airspace
needed for UAS target acquisition prior to attack, and to contain the
non-eye safe laser during laser target designation training operations
from medium to high altitudes.
The proposed restricted area R-5402 boundary, described in the
regulatory text, would be defined by a 7 nautical mile (NM) radius
around the center of R-5401, with the northern boundary adjusted to lie
along the 47[deg]45'00'' N latitude. The proposed restricted area
altitude would be upward from 500 feet above ground level to, but not
including 10,000 feet MSL. This new restricted area would provide a
pathway for the non-eye safe laser beam to transit from the proposed R-
5403A, R-5403B, or R-5403C (described below) through the existing R-
5401 and onto Camp Grafton Range.
The proposed restricted areas R-5403A, R-5403B, and R-5403C would
share the same lateral boundaries, overlying R-5402 and layered in
ascending order. The northern boundary of these R-5403 areas, as
described in the regulatory text, would share the same northern
boundary as R-5402, the 47[deg]45'00'' N latitude. The western boundary
would lie approximately 14 NM west of R-5402 along the 99[deg]15'00'' W
longitude and the eastern boundary would lie approximately 7 NM east of
[[Page 72871]]
R-5402 along the 98[deg]15'00'' W longitude. Finally, the southern
boundary would be established to remain north of the protected airspace
for V-55. The proposed restricted area altitudes, in ascending order,
would be defined upward from 8,000 feet MSL to, but not including
10,000 feet MSL for R-5403A; upward from 10,000 feet MSL to, but not
including 14,000 feet MSL for R-5403B; and upward from 14,000 feet MSL
to, but not including Flight Level (FL) 180 for R-5403C. The additional
lateral and vertical limits provided by these proposed restricted
areas, in conjunction with R-5401, R-5402, R-5403D, R-5403E, R-5403F,
and Camp Grafton Range, would establish the maneuvering airspace needed
for UAS aircraft to practice the tactical maneuvering and standoff
target acquisition training requirements necessary for the combat
tactics and mission profiles flown today and to contain the hazardous
non-eye safe laser, when employed, completely within restricted
airspace.
The proposed restricted areas R-5403D, R-5403E, and R-5403F would
also share the same lateral boundaries, adjacent to and southeast of R-
5403A, R-5403B, and R-5403C, and also layered in ascending order. The
northern boundary of these R-5403 areas, as described in the regulatory
text, would share the same southern boundary of R-5403A, R-5403B, and
R-5403C. The western boundary point would reach to the 99[deg]15'00'' W
longitude and the eastern boundary would lie along the 98[deg]15'00'' W
longitude. Finally, the southern boundary would be established to lie
along the 47[deg]30'00'' N latitude. The proposed restricted area
altitudes, in ascending order, would be defined upward from 10,000 feet
MSL to, but not including 12,000 feet MSL for R-5403D; upward from
12,000 feet MSL to, but not including 14,000 feet MSL for R-5403E; and
upward from 14,000 feet MSL to, but not including Flight Level (FL) 180
for R-5403F. The additional lateral and vertical limits provided by
these proposed restricted areas, in conjunction with R-5401, R-5402, R-
5403A, R-5403B, R-5403C, and Camp Grafton Range, would establish the
maneuvering airspace, standoff target acquisition, and hazardous non-
eye safe laser employment training completely within restricted
airspace, as noted above.
Restricted areas R-5402, R-5403A, R-5403B, R-5403C, R-5403D, R-
5403E, and R-5403F will all be designated as ``joint-use'' airspace.
This means that, during periods when any of the restricted airspace
areas are not needed by the using agency for its designated purposes,
the airspace will be returned to the controlling agency for access by
other NAS users. The Minneapolis Air Route Traffic Control Center is
the controlling agency for the proposed restricted areas.
The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation: (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under Department of Transportation (DOT)
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, will not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.
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 would establish restricted airspace at Camp Grafton Range near
Devils Lake, ND, to enhance safety and accommodate essential military
training.
Environmental Review
This proposal will be subjected to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures,'' prior to any FAA final regulatory action.
List of Subjects in 14 CFR Part 73
Airspace, Prohibited Areas, Restricted Areas.
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 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(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.
Sec. 73.54 [Amended]
2. Sec. 73.54 is amended as follows:
* * * * *
R-5402 Devils Lake, ND [New]
Boundaries. Beginning at lat. 47[deg]45'00'' N., long.
98[deg]47'19'' W.; to lat. 47[deg]45'00'' N., long. 98[deg]31'25''
W.; then clockwise on a 7 NM arc centered on lat. 47[deg]40'31'' N.,
long. 98[deg]39'22'' W.; to the point of beginning, excluding the
airspace within R-5401 when active, and R-5403A when active.
Designated altitudes. 500 feet AGL to, but not including, 10,000
feet MSL.
Time of designation. 0700-2200 daily, by NOTAM 4 hours in
advance; other times by NOTAM.
Controlling agency. FAA, Minneapolis ARTCC.
Using agency. U.S. Air Force, 119th Operations Support Squadron,
Hector International Airport, Fargo, ND.
R-5403A Devils Lake, ND [New]
Boundaries. Beginning at lat. 47[deg]45'00'' N., long.
99[deg]15'00'' W.; to lat. 47[deg]45'00'' N., long. 98[deg]15'00''
W.; to lat. 47[deg]35'39'' N., long. 98[deg]15'00'' W.; to lat.
47[deg]15'00'' N., long. 99[deg]15'00'' W.; to the point of
beginning.
Designated altitudes. 8,000 feet MSL to, but not including,
10,000 feet MSL.
Time of designation. 0700-2200 daily, by NOTAM 4 hours in
advance; other times by NOTAM.
Controlling agency. FAA, Minneapolis ARTCC.
Using agency. U.S. Air Force, 119th Operations Support Squadron,
Hector International Airport, Fargo, ND.
R-5403B Devils Lake, ND [New]
Boundaries. Beginning at lat. 47[deg]45'00'' N., long.
99[deg]15'00'' W.; to lat. 47[deg]45'00'' N., long. 98[deg]15'00''
W.; to lat. 47[deg]35'39'' N., long. 98[deg]15'00'' W.; to lat.
47[deg]15'00'' N., long. 99[deg]15'00'' W.; to the point of
beginning.
Designated altitudes. 10,000 feet MSL to, but not including,
14,000 feet MSL.
Time of designation. 0700-2200 daily, by NOTAM 4 hours in
advance; other times by NOTAM.
Controlling agency. FAA, Minneapolis ARTCC.
Using agency. U.S. Air Force, 119th Operations Support Squadron,
Hector International Airport, Fargo, ND.
R-5403C Devils Lake, ND [New]
Boundaries. Beginning at lat. 47[deg]45'00'' N., long.
99[deg]15'00'' W.; to lat. 47[deg]45'00'' N., long. 98[deg]15'00''
W.; to lat. 47[deg]35'39'' N., long. 98[deg]15'00'' W.; to lat.
47[deg]15'00'' N., long. 99[deg]15'00'' W.; to the point of
beginning.
Designated altitudes. 14,000 feet MSL to, but not including, FL
180.
Time of designation. 0700-2200 daily, by NOTAM 4 hours in
advance; other times by NOTAM.
[[Page 72872]]
Controlling agency. FAA, Minneapolis ARTCC.
Using agency. U.S. Air Force, 119th Operations Support Squadron,
Hector International Airport, Fargo, ND.
R-5403D Devils Lake, ND [New]
Boundaries. Beginning at lat. 47[deg]35'39'' N., long.
98[deg]15'00'' W.; to lat. 47[deg]15'00'' N., long. 98[deg]15'00''
W.; to lat. 47[deg]15'00'' N., long. 99[deg]15'00'' W.; to the point
of beginning.
Designated Altitudes. 10,000 feet MSL to, but not including,
12,000 feet MSL.
Time of designation. 0700-2200 daily, by NOTAM 4 hours in
advance; other times by NOTAM.
Controlling agency. FAA, Minneapolis ARTCC.
Using agency. U.S. Air Force, 119th Operations Support Squadron,
Hector International Airport, Fargo, ND.
R-5403E Devils Lake, ND [New]
Boundaries. Beginning at lat. 47[deg]35'39'' N., long.
98[deg]15'00'' W.; to lat. 47[deg]15'00'' N., long. 98[deg]15'00''
W.; to lat. 47[deg]15'00'' N., long. 99[deg]15'00'' W.; to the point
of beginning.
Designated Altitudes. 12,000 feet MSL to, but not including,
14,000 feet MSL.
Time of designation. 0700-2200 daily, by NOTAM 4 hours in
advance; other times by NOTAM.
Controlling agency. FAA, Minneapolis ARTCC.
Using agency. U.S. Air Force, 119th Operations Support Squadron,
Hector International Airport, Fargo, ND.
R-5403F Devils Lake, ND [New]
Boundaries. Beginning at lat. 47[deg]35'39'' N., long.
98[deg]15'00'' W.; to lat. 47[deg]15'00'' N., long. 98[deg]15'00''
W.; to lat. 47[deg]15'00'' N., long. 99[deg]15'00'' W.; to the point
of beginning.
Designated Altitudes. 14,000 feet MSL to, but not including, FL
180.
Time of designation. 0700-2200 daily, by NOTAM 4 hours in
advance; other times by NOTAM.
Controlling agency. FAA, Minneapolis ARTCC.
Using agency. U.S. Air Force, 119th Operations Support Squadron,
Hector International Airport, Fargo, ND.
Issued in Washington, DC, on November 17, 2011.
Gary A. Norek,
Acting Manager, Airspace, Regulations and ATC Procedures Group.
[FR Doc. 2011-30495 Filed 11-25-11; 8:45 am]
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