[Federal Register Volume 84, Number 156 (Tuesday, August 13, 2019)]
[Rules and Regulations]
[Pages 39964-39966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17220]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2016-9495; Airspace Docket No. 15-AAL-6]
RIN 2120-AA66


Establishment of Restricted Areas R-2201A, B, C, D; Fort Greely, 
AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes restricted areas R-2201A, R-2201B, R-
2201C, and R-2201D; Fort Greely, AK, on behalf of by the United States 
Army Alaska (USARAK), over the Battle Area Complex (BAX) and Combined 
Arms Collective Training Facility (CACTF), in the vicinity of Allen 
Army Airfield, AK. The restricted areas contain hazardous activities 
and will be available for joint military use, including active, 
National Guard and Reserve elements.

DATES: Effective date 0901 UTC, October 10, 2019.

FOR FURTHER INFORMATION CONTACT: Kenneth Ready, Airspace Policy and 
Regulations 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 establishes restricted areas at Fort Greely, AK, to 
support the United States Army in Alaska and to accommodate essential 
joint training requirements.

History

    The FAA published a notice of proposed rulemaking for Docket No. 
FAA-2016-9495 in the Federal Register (82 FR 12529; March 6, 2017), 
proposing to establish restricted areas R-2201A, B, C, D, E, F, G, H, 
and J; Fort Greely, AK. In response to public comments expressing 
concerns over the impact to general aviation aircraft, the FAA 
subsequently published a Supplemental NPRM for Docket No. FAA-2016-9495 
in the Federal Register (83 FR 1316; January 11, 2018), that would 
reduce the overall size of the proposed restricted areas by 50 percent 
and establishing restricted areas R-2201A, B, C, and D; Fort Greely, 
AK.
    Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the supplemental NPRM 
proposal. Two substantive comments were received from the Aircraft 
Owners and Pilots Association (AOPA).

Discussion of Comments

    The FAA received two comments to the SNPRM. An individual did not 
address the proposal however, commented on surrounding military 
operations areas that are outside the scope of this action. AOPAs 
comments focused on two main areas of concern: Letter of Agreement/
Procedure (LOA/LOP) mitigations for general aviation aircraft and the 
establishment date should be effective with the VFR sectional. Having 
considered the issues and recommendations provided by AOPA, the FAA 
offers the following responses.

LOA/LOP Mitigations for General Aviation Aircraft

    AOPA stated, ``The SNPRM notes that the Letters of Agreement/
Procedure (LOA/LOP) between the controlling agency and the using agency 
will offer additional mitigations and access to the Restricted Area. 
AOPA requests that the FAA articulate those procedures and mitigations 
in the Final Rule to allow General Aviation pilots to be aware of this 
operational flexibility. This includes understanding how FAA will 
coordinate to facilitate IFR and VFR access, and the procedures to let 
civil aircraft operating VFR know how to contact a military range 
controller for real-time access around actual military use.''
    The FAA responds that the capability for immediate communications 
with Anchorage Air Route Traffic Control Center (ARTCC) and Allen Army 
Airfield will be included in a LOP. Under the LOP, upon receipt of 
``check fire'' or ``stop fire'' instruction from an air traffic control 
authority, the using agency will immediately suspend hazardous 
activities in all segments of the restricted area. Additionally, upon 
confirming all hazardous activities have ceased, the using agency will 
inform the controlling agency (and Allen Army Airfield, if operating). 
The using agency will not resume hazardous activities until after 
receipt of a ``start fire'' authorization from Allen Army Airfield/
Anchorage ARTCC. The using agency will release segments of R-2201 to 
the controlling agency when use for designated activities is not 
anticipated for one or more hours, or when training is complete. The 
using agency shall ensure the status of R-2201 is accurate and current 
for broadcasts on the Special Use Airspace Information System (SUAIS). 
SUAIS is the known standard for civil VFR pilots to inquire about 
active military airspace. Additionally, civil VFR aircraft can request 
flight following to assist with real time access to the restricted 
areas.

Establishment Date Should Be Effective With VFR Sectional

    AOPA requested the activation of the new restricted areas should 
occur concurrently or after the charting of the airspace on the 
Sectional Charts.
    The FAA concurs with AOPA and will make the new restricted areas 
effective in accordance with guidance to the chart on the 56-day cycle, 
which is October 10, 2019. However, the FAA has mandated to the using 
agency the

[[Page 39965]]

new restricted areas will not be utilized until the VFR sectionals are 
updated November 7, 2019.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 73 by establishing restricted areas R-2201A, B, C, and D; Fort 
Greely, AK. Restricted areas R-2201A and R-2201C overlie the Combined 
Arms Collective Training Facility (CACTF), and R-2201B and R-2201D 
overlie the Battle Area Complex (BAX).
    R-2201A: R-2201A is located approximately one nautical mile 
southeast of Allen Army Airfield. The designated altitudes extend from 
the surface to but not including 6,000 feet MSL. The time of 
designation is ``0700-1900 local time Monday-Friday; other times by 
NOTAM 4 hours in advance.''
    R-2201B: R-2201B is located immediately south of R-2201A. The 
northern boundary of R-2201B would be the same as the southern boundary 
of R-2201A. R-2201B extends southward to latitude 63[deg]49'33'' N. The 
designated altitudes extend from the surface to but not including 6,000 
feet MSL. The time of designation is ``0700-1900 local time Monday-
Friday; other times by NOTAM 4 hours in advance.''
    R-2201C: R-2201C overlies R-2201A using the same lateral 
boundaries. The designated altitudes extend from 6,000 feet MSL to 
11,000 feet MSL. The time of designation is ``By NOTAM 4 hours in 
advance.''
    R-2201D: R-2201D overlies R-2201B using the same lateral 
boundaries. The designated altitudes extend from 6,000 feet MSL to 
11,000 feet MSL. The time of designation is ``By NOTAM 4 hours in 
advance.''

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 of establishing restricted 
areas R-2201A, R-2201B, R-2201C, and R-2201D at Fort Greely, AK 
qualifies for FAA adoption in accordance with FAA Order 1050.1F, 
paragraph 8-2, Adoption of Other Agencies' National Environmental 
Policy Act Documents, and FAA Order 7400.2M, paragraph 32-2-3 (Special 
Use Airspace). After conducting an independent review and evaluation of 
the Army's Final Environmental Impact Statement (EIS) for The 
Modernization and Enhancement of Ranges, Airspace, and Training Areas 
in the Joint Pacific Alaska Range Complex in Alaska (JPARC) and Finding 
Of No Significant Impact, (which analyzes the impacts of establishing 
R-2201 at the Battle Area Complex, expanding R-2205, and modifying the 
legal descriptions of Buffalo, Delta 3 and Delta 4 Military Operations 
Areas (MOAs)), the FAA has determined that the Army's EIS, Written Re-
Evaluation, and supporting documentation adequately assesses and 
discloses the environmental impacts of the proposed action. The Army's 
JPARC Final EIS was published in June 2013 and the Army/USAF Record of 
Decision (ROD) was issued on August 6, 2013.
    Based on the evaluation in the Army's EIS, the FAA, as a 
Cooperating Agency, concluded that the EIS qualifies for adoption by 
FAA, and that the FAA's adoption is authorized in accordance with 40 
CFR 1506.3, Adoption, and FAA Order 1050.1F, paragraph 8-2, Adoption of 
Other Agencies' NEPA Documents. Accordingly, FAA adopts the Army's EIS 
and takes full responsibility for the scope and content that addresses 
the FAA's actions associated with the establishment and modification of 
Special Use Airspace.

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.  73.22  Alaska (Amended)

0
2. Sec.  73.22 is amended as follows:

R-2201A Fort Greely, AK [New]

    Boundaries. Beginning at lat. 63[deg]58'45'' N, long. 
145[deg]35'06'' W; to lat. 63[deg]58'08'' N, long. 145[deg]35'05'' 
W; to lat. 63[deg]57'06'' N, long. 145[deg]30'15'' W; to lat. 
63[deg]57'11'' N, long. 145[deg]39'25'' W; to lat. 63[deg]58'48'' N, 
long. 145[deg]39'25'' W; to the point of beginning.
    Designated altitudes. Surface to but not including 6,000 feet 
MSL.
    Time of designation. 0700-1900 local time Monday-Friday; other 
times by NOTAM 4 hours in advance.
    Controlling agency. FAA, Anchorage ARTCC.
    Using agency. U.S. Army, AK (USARAK), Commanding General, Joint 
Base Elmendorf-Richardson (JBER), AK.

R-2201B Fort Greely, AK [New]

    Boundaries. Beginning at lat. 63[deg]57'06'' N, long. 
145[deg]30'15'' W; thence clockwise along a 6.3-NM radius of Allen 
AAF; to lat. 63[deg]56'14'' N, long. 145[deg]31'17'' W; to lat. 
63[deg]54'54'' N, long. 145[deg]26'55'' W; thence south along 
Granite Creek;to lat. 63[deg]49'36'' N, long. 145[deg]34'53'' W; to 
lat. 63[deg]49'36'' N, long. 145[deg]40'45'' W; thence north along 
the west bank of Jarvis Creek; to lat. 63[deg]52'14'' N, long. 
145[deg]41'49'' W; to lat. 63[deg]52'56'' N, long. 145[deg]42'52'' 
W; to lat. 63[deg]55'01'' N, long. 145[deg]42'52'' W; to lat. 
63[deg]56'20'' N, long. 145[deg]39'26'' W; to lat. 63[deg]57'11'' N, 
long. 145[deg]39'25'' W; to the point of beginning.
    Designated altitudes. Surface to but not including 6,000 feet 
MSL.
    Time of designation. 0700-1900 local time Monday-Friday; other 
times by NOTAM 4 hours in advance.
    Controlling agency. FAA, Anchorage ARTCC.
    Using agency. U.S. Army, AK (USARAK), Commanding General, Joint 
Base Elmendorf-Richardson (JBER), AK.

R-2201C Fort Greely, AK [New]

    Boundaries. Beginning at lat. 63[deg]58'45'' N, long. 
145[deg]35'06'' W; to lat. 63[deg]58'08'' N, long. 145[deg]35'05'' 
W; to lat. 63[deg]57'06'' N, long. 145[deg]30'15'' W; to lat. 
63[deg]57'11'' N, long. 145[deg]39'25'' W; to lat. 63[deg]58'48'' N, 
long. 145[deg]39'25'' W; to the point of beginning.
    Designated altitudes. 6,000 feet MSL to 11,000 feet MSL.
    Time of designation. By NOTAM 4 hours in advance.
    Controlling agency. FAA, Anchorage ARTCC.
    Using agency. U.S. Army, AK (USARAK), Commanding General, Joint 
Base Elmendorf-Richardson, AK (JBER), AK.

R-2201D Fort Greely, AK [New]

    Boundaries. Beginning at lat. 63[deg]57'06'' N, long. 
145[deg]30'15'' W; thence clockwise along a 6.3-NM radius of Allen 
AAF;to lat. 63[deg]56'14'' N, long. 145[deg]31'17'' W; to lat. 
63[deg]54'54'' N, long. 145[deg]26'55'' W; thence south along 
Granite Creek;to lat. 63[deg]49'36'' N, long. 145[deg]34'53'' W; to 
lat. 63[deg]49'36'' N, long. 145[deg]40'45'' W; thence north along 
the west bank of Jarvis Creek; to lat. 63[deg]52'14'' N, long. 
145[deg]41'49'' W; to lat. 63[deg]52'56'' N, long 145[deg]42'52'' W; 
to lat. 63[deg]55'01'' N, long. 145[deg]42'52'' W; to lat. 
63[deg]56'20'' N, long. 145[deg]39'26'' W; to lat. 63[deg]57'11'' N, 
long. 145[deg]39'25'' W; to the point of beginning.

[[Page 39966]]

    Designated altitudes. 6,000 feet MSL to 11,000 feet MSL.
    Time of designation. By NOTAM 4 hours in advance.
    Controlling agency. FAA, Anchorage ARTCC.
    Using agency. U.S. Army, AK (USARAK), Commanding General, Joint 
Base Elmendorf-Richardson (JBER), AK.
* * * * *

    Issued in Washington, DC, on August 7, 2019.
Rodger A. Dean Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2019-17220 Filed 8-12-19; 8:45 am]
 BILLING CODE 4910-13-P


