[Federal Register Volume 84, Number 55 (Thursday, March 21, 2019)]
[Proposed Rules]
[Pages 10456-10458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04534]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2019-0100; Airspace Docket No. 17-AWP-23]
RIN 2120-AA66


Proposed Establishment of Restricted Area R-7205; Guam, GU

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish restricted area R-7205 on 
the island of Guam, GU. The US Army has been operating a Terminal High 
Altitude Area Defense (THAAD) radar system in direct support of 
national defense initiatives. The system has operated within a 
Temporary Flight Restriction (TFR) for over five years. The restricted 
area is necessary to protect aviation from hazardous electro-magnetic 
radiation and segregate non-participating aircraft.

DATES: Comments must be received on or before May 6, 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-2019-0100; Airspace Docket No.

[[Page 10457]]

17-AWP-23 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 (U.S.C.). 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 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-2019-0100; Airspace Docket No. 17-AWP-23) 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-2019-0100; Airspace Docket No. 17-AWP-23.'' 
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 United States Marine Corps (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.
    The proposal was divided into four sub-phases outlining different 
airspace requirements. The fourth phase (Phase 4) consists of the 
creation of restricted airspace on the northern portion of Guam, to be 
designated as R-7205. The proposed restricted area R-7205 airspace is 
needed to encompass an electro-magnetic radiation hazard associated 
with the THAAD radar operations.

What is a THAAD System?

    The THAAD system is a long-range, land-based air defense weapon 
system that provides terminal defense against ballistic missiles. This 
system is designed to intercept missiles during late mid-course or 
final stage flight. THAAD operates at high altitudes and provides broad 
area coverage against threats to critical assets such as population 
centers, industrial resources, and military forces. The system provides 
a broad range of surveillance services that perform target search, 
acquisition, identification, and tracking functions within the proposed 
restricted area. Intercept missiles at high altitudes will take place 
outside of the restricted area under military authority and 
authorization.

What are the hazards associated with the THAAD System?

    During THAAD system operations, there is a potential hazard to 
military and civilian aircraft. The system emits electromagnetic 
radiation (EMR) that could cause adverse impacts to human health and 
electromagnetic interference with electronic aircraft equipment. The 
SUA is established to avoid injury and damage to personnel and 
equipment from EMR emitted from the THAAD system. THAAD normally 
operates in search/surveillance mode which limits the EMR to very short 
durations, less than 0.2 seconds, which would not result in adverse 
consequences. However, during tracking or calibration mode, the beam is 
steady and the duration of EMR exposure is greater. Calibration is 
performed on start-up and on regular intervals and tracking mode occurs 
when the unit is actively tracking a flying target such as a missile or 
a plane.

Why is the THAAD system in Guam?

    In April 2013, the U.S. Secretary of Defense directed the U.S. Army 
to deploy a THAAD battery system immediately to Guam on an emergency 
basis in response to potential North Korean missile launch activity. 
Since the temporary deployment of the THAAD battery in 2013, the DoD 
validated the enduring requirement for a THAAD battery in Guam to 
ensure continued defense of the homeland against existing and emerging 
missile threats by potentially hostile states in the region, as 
mandated in Title 10 of the U.S.C., Armed Forces. The THAAD system 
provides long-term protection for Guam residents and the U.S. forces 
based there from potential ballistic

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missile attacks. Alternative locations were not considered because the 
purpose is to protect Guam, which requires the THAAD to be located in 
Guam.

The Proposal

    The FAA is proposing an amendment to title 14 Code of Federal 
Regulations (14 CFR) part 73 to establish restricted area R-7205 Guam, 
GU. The FAA is proposing this action at the request of the USMC. The 
proposed restricted area is described below.
    R-7205 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 700 feet MSL to 19,000 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.

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. Section 73.72 is amended as follows:

* * * * *

R-7205 Guam, GU [New]

    Boundaries. Beginning at lat. 13[deg]37'10'' N, long. 
144[deg]51'58'' E; thence clockwise along the 2.4-mile radius of 
point in space coordinates at lat. 13[deg]39'25'' N, long. 
144[deg]51'04'' E; to lat. 13[deg]38'40'' N, long. 144[deg]53'24'' 
E; thence counter-clockwise along the 4.3-mile radius of Andersen 
AFB Class D airspace; to the point of beginning, excluding that 
airspace within R-7202 when active.
    Designated altitudes. 700 feet MSL to FL190.
    Time of designation. Continuous.
    Controlling Agency. FAA, Guam CERAP.
    Using Agency. Commanding Officer, Task Force Talon, Andersen 
AFB, Guam.
* * * * *


    Issued in Washington, DC, on March 6, 2019.
Scott M. Rosenbloom,
Acting Manager, Airspace Policy Group.
[FR Doc. 2019-04534 Filed 3-20-19; 8:45 am]
BILLING CODE 4910-13-P