Proposed Establishment of Restricted Area R-7205; Guam, GU, 10456-10458 [2019-04534]

Download as PDF 10456 Federal Register / Vol. 84, No. 55 / Thursday, March 21, 2019 / Proposed Rules on the proposed rule. The proposal contained in this notice may be changed in light of the comments received. 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 https://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA’s web page at https:// 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 the ‘‘ADDRESSES’’ section for the 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 Federal Aviation Administration, Air Traffic Organization, Central Service Center, Operations Support Group, 10101 Hillwood Parkway, Fort Worth, TX 76177. amozie on DSK9F9SC42PROD with PROPOSALS Availability and Summary of Documents for Incorporation by Reference This document proposes to amend FAA Order 7400.11C, Airspace Designations and Reporting Points, dated August 13, 2018, and effective September 15, 2018. FAA Order 7400.11C is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.11C lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points. The Proposal The FAA is proposing an amendment to Title 14 Code of Federal Regulations (14 CFR) part 71 by amending the Class E airspace extending upward from 700 feet above the surface to within a 6.5mile radius (increased from a 6.3-mile radius) of Portland Municipal Airport, Portland, TN; removing the Bowling Green VORTAC and associated extension from the airport legal description; adding an extension 2 miles each side of the 193° bearing from the airport extending from the 6.5-mile radius to 10.8 miles south of the airport; and would update the geographic coordinates of the airport to coincide with the FAA’s aeronautical database. This action is the result of an airspace review caused by the decommissioning of the Bowling Green VOR, which VerDate Sep<11>2014 17:18 Mar 20, 2019 Jkt 247001 provided navigation information for the instrument procedures at these airports, as part of the VOR MON Program. Class E airspace designations are published in paragraph 6005 of FAA Order 7400.11C, dated August 13, 2018, and effective September 15, 2018, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order. 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, is non-controversial and unlikely to result in adverse or negative comments. It, therefore: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under 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 rule, when promulgated, would 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 71 Airspace, Incorporation by reference, Navigation (air). The Proposed Amendment Accordingly, pursuant to the authority delegated to me, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 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. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C, ■ PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 Airspace Designations and Reporting Points, dated August 13, 2018, and effective September 15, 2018, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. * * * * * ASO TN E5 Portland, TN [Amended] Portland Municipal Airport, TN (Lat. 36°35′35″ N, long. 86°28′37″ W) That airspace extending upward from 700 feet above the surface within a 6.5-mile radius of the Portland Municipal Airport, and within 2 miles each side of 193° bearing from the airport extending from the 6.5-mile radius to 10.8 miles south of the airport. Issued in Fort Worth, Texas, on March 11, 2019. John Witucki, Acting Manager, Operations Support Group, ATO Central Service Center. [FR Doc. 2019–04892 Filed 3–20–19; 8:45 am] BILLING CODE 4910–13–P 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 Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: 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 nonparticipating 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. SUMMARY: E:\FR\FM\21MRP1.SGM 21MRP1 Federal Register / Vol. 84, No. 55 / Thursday, March 21, 2019 / Proposed Rules 17–AWP–23 at the beginning of your comments. You may also submit comments through the internet at https:// 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: amozie on DSK9F9SC42PROD with PROPOSALS 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 https://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 VerDate Sep<11>2014 17:18 Mar 20, 2019 Jkt 247001 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 https://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA’s web page at https:// 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 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 10457 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 E:\FR\FM\21MRP1.SGM 21MRP1 10458 Federal Register / Vol. 84, No. 55 / Thursday, March 21, 2019 / Proposed Rules 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. missile attacks. Alternative locations were not considered because the purpose is to protect Guam, which requires the THAAD to be located in Guam. § 73.72 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 List of Subjects in 14 CFR Part 73 Airspace, Prohibited areas, Restricted areas. amozie on DSK9F9SC42PROD with PROPOSALS The Proposed Amendment In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 73 as follows: 1. The authority citation for part 73 continues to read as follows: ■ VerDate Sep<11>2014 17:18 Mar 20, 2019 Jkt 247001 * * * * * R–7205 Guam, GU [New] Boundaries. Beginning at lat. 13°37′10″ N, long. 144°51′58″ E; thence clockwise along the 2.4-mile radius of point in space coordinates at lat. 13°39′25″ N, long. 144°51′04″ E; to lat. 13°38′40″ N, long. 144°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 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R02–OAR–2018–0817, FRL–9990–92– Region 2] Approval of Source Specific Air Quality Implementation Plans; New Jersey Environmental Protection Agency. ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a revision to the New Jersey State Implementation Plan (SIP) for the 2008 8-hour ozone National Ambient Air Quality Standard in relation to a Source Specific SIP for Gerdau Ameristeel in Sayreville, New Jersey. On December 5, 2018, the New Jersey Department of Environmental Protection approved an administrative amendment reflecting new ownership and name change to Commercial Metals Company. The control options in the Source Specific SIP that address nitrogen oxide Reasonably Available Control Technology for the natural gas fired billet reheat furnace remain the same under the new ownership. The intended effect of this SIP revision is for the Sayreville facility to continue to operate SUMMARY: 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. PART 73—SPECIAL USE AIRSPACE [Amended] 2. Section 73.72 is amended as follows: ■ PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 under their facility specific maximum allowable nitrogen oxide emission rate. The affected source will not increase hourly nitrogen oxide emissions, therefore, the National Ambient Air Quality Standards for ozone is protected. DATES: Comments must be received on or before April 22, 2019. ADDRESSES: Submit your comments, identified by Docket ID number EPA– R02–OAR–2018–0817, at https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or withdrawn. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, such as the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Linda Longo, Air Programs Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New York 10007–1866, (212) 637–3565, or by email at longo.linda@epa.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Background II. EPA’s Evaluation of New Jersey’s Submittal III. Proposed Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background The Environmental Protection Agency (EPA) proposes to approve revisions to the New Jersey State Implementation Plan (SIP) for attainment and maintenance of the 2008 ozone National Ambient Air Quality Standard (NAAQS). Specifically, under New Jersey Administrative Code, Title 7, Chapter 27, Subchapter 19, ‘‘Control and Prohibition of Air Pollution from Oxides of Nitrogen’’ (N.J.A.C. 7:27–19). The New Jersey Department of E:\FR\FM\21MRP1.SGM 21MRP1

Agencies

[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]


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

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).

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

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 https://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 https://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 https://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's web page at https://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

[[Page 10458]]

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
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