[Federal Register Volume 84, Number 43 (Tuesday, March 5, 2019)]
[Proposed Rules]
[Pages 7840-7842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03931]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2019-0094; Airspace Docket No. 15-AWP-17]
RIN 2120-AA66


Proposed Establishment of Restricted Area R-7202; Guam, GU

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to establish restricted area R-7202 on 
the island of Guam, GU. With the relocation of United States Marine 
Corps (USMC) forces from Okinawa, Japan to Guam, there is a requirement 
to establish a safe and effective area for live-fire small arms weapons 
training. The proposed restricted area would provide the protection 
required to contain these hazardous activities and the weapons safety 
footprints for the ordnance to be used within the proposed airspace. No 
hazardous aviation activities will be authorized in this area.

DATES: Comments must be received on or before April 19, 2019.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West 
Building Ground Floor, Room W12-140, Washington, DC 20590-0001; 
telephone: 1 (800) 647-5527, or (202) 366-9826. You must identify FAA 
Docket Number FAA-2019-0094; Airspace Docket No. 15-AWP-17 at the 
beginning of your comments. You may also submit comments through the 
internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Kenneth Ready, 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

[[Page 7841]]

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 Guam, GU, to contain activities deemed hazardous 
to nonparticipating aircraft.

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 
Number FAA-2019-0094; Airspace Docket No. 15-AWP-17) and be submitted 
in triplicate to the Docket Management Facility (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 Number FAA-2019-0094; Airspace Docket No. 15-AWP-17.'' 
The postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment 
closing date 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 comment 
closing date. 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/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 
9:00 a.m. and 5:00 p.m., Monday through Friday, except federal 
holidays. An informal docket may also be examined during normal 
business hours at the office of the Western Service Center, Operations 
Support Group, Federal Aviation Administration, 2200 South 216th St., 
Des Moines, WA 98198.

Background

    In 2007 U.S. Pacific Command (PACOM) designated Commander, US 
Pacific Fleet as the executive agent of the development of the 
consolidated Department of Defense (DoD) Special Use Airspace (SUA) 
proposal for the USMC relocation to Guam. A DoD working group began 
active discussions with the FAA. Since November 2007, the working group 
and the FAA have coordinated on air traffic control issues, SUA 
proposal integration, and International Civil Aviation Organization 
(ICAO) rules. In an effort to reduce redundancies by the DoD while 
seeking SUA throughout the Commonwealth of the Northern Mariana Islands 
(CNMI) and Guam, PACOM submitted a consolidated DoD SUA Proposal.
    While some of the specific SUA will be primarily used by one 
uniformed service over others, it is the intent that all of the 
proposed airspace actions will be used by all forward deployed PACOM 
forces. This will create the smallest footprint and allow for joint use 
of each type of airspace, posing the least impact to the airspace for 
all other users. The proposal was divided into four sub-phases 
outlining different airspace requirements. The second phase (Phase 2) 
consists of the creation of restricted airspace on the northern portion 
of Guam, to be designated as R-7202. The proposed R-7202 airspace is 
needed in order to contain vertical hazards associated with the 
creation of USMC Live-Fire Training Range Complex (LFTRC).
    This proposed SUA activities would allow training to proceed on a 
scale, from small-scale and individual-level training in basic military 
skills to large-scale training involving a Marine Air Ground Task Force 
and/or joint forces. Live-fire training events are critical to 
preparing for combat at each level of training. Currently, the Using 
Agency does not have sufficient range and special use airspace space to 
conduct the live-fire training required.
    Through analysis and a series of studies, proposed R-7202 has been 
identified as the only feasible area capable of supporting this level 
of training for USMC forces in the region. Failure to establish live-
fire ranges supported by R-7202 would result in the inability to train 
and maintain combat readiness skills for Marines. These skills are 
critical to supporting USMC readiness for real world operations. 
Activities conducted within the proposed restricted area include live-
fire from pistols, rifles, and machine guns. No existing SUA within 
CNMI accommodates the identified types of activities. The activities 
within the proposed establishment of R-7202 are to meet the overall 
training objectives of the DoD.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal 
Regulations (14 CFR) part 73 to establish R-7202 Guam, GU. The FAA is 
proposing this action at the request of the USMC. The proposed 
restricted areas are described below.
    R-7202 would be established on the northern tip of Guam and 
northwest of Anderson Air Force Base (AFB) abutting the Anderson AFB 
Class D. The altitudes would be from the surface to 4,900 feet MSL.

Regulatory Notices and Analyses

    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. 
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 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.

Environmental Review

    This proposal will be subject to an environmental analysis in 
accordance with FAA Order 1050.1F, ``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.

[[Page 7842]]

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

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.  73.72  Guam [Amended]

0
2. Sec.  73.72 is amended as follows:
* * * * *

R-7202 Guam, GU [New]

    Boundaries. Beginning at lat. 13[deg]38'25'' N, long. 
144[deg]51'39'' E; to lat. 13[deg]39'37'' N, long. 144[deg]51'03'' 
E; to lat. 13[deg]41'02'' N, long. 144[deg]51'32'' E; to lat. 
13[deg]41'52'' N, long. 144[deg]52'48'' E; to lat. 13[deg]41'17'' N, 
long. 144[deg]53'55'' E; to lat. 13[deg]39'47'' N, long. 
144[deg]53'55'' E; to lat. 13[deg]38'50'' N, long. 144[deg]53'10'' 
E; to lat. 13[deg]38'29'' N, long. 144[deg]52'54'' E; to lat. 
13[deg]38'29'' N, long. 144[deg]52'51'' E; to lat. 13[deg]38'08'' N, 
long. 144[deg]52'37'' E; to lat. 13[deg]38'03'' N, long. 
144[deg]52'20'' E; to the point of beginning.
    Designated altitudes. Surface to 4,900 feet MSL.
    Time of designation. 0600-2200 local time, daily--other times by 
NOTAM.
    Controlling Agency. FAA Guam Combined Air Route Traffic Control 
Center/Radar Approach Control (CERAP).
    Using Agency. U.S. Marine Corps, Commanding Officer, Marine 
Corps Base (MCB) Guam.
* * * * *

    Issued in Washington, DC, on February 27, 2019.
Rodger A. Dean Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2019-03931 Filed 3-4-19; 8:45 am]
BILLING CODE 4910-13-P