[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]
BILLING CODE 4910-13-P