Amendment of R-2206 and Establishment of Restricted Areas R-2206B, R-2206C, R-2206D, R-2206E, R-2206F, and R-2206G; Clear, AK, 66948-66954 [2022-24242]
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Federal Register / Vol. 87, No. 214 / Monday, November 7, 2022 / Rules and Regulations
ASW TX E5 Eagle Lake, TX [Amended]
Eagle Lake Airport, TX
(Lat. 29°36′00″ N, long. 96°19′19″ W)
That airspace extending upward from 700
feet above the surface within a 6.4-mile
radius of Eagle Lake Airport.
Issued in Fort Worth, Texas, on October 31,
2022.
Martin A. Skinner,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. 2022–23995 Filed 11–4–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA–2020–0755–; Airspace
Docket No. 19–AAL–83]
RIN 2120–AA66
Amendment of R–2206 and
Establishment of Restricted Areas R–
2206B, R–2206C, R–2206D, R–2206E,
R–2206F, and R–2206G; Clear, AK
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action amends restricted
area R–2206 by renaming it R–2206A
and establishes six new restricted areas
R–2206B, R–2206C, R–2206D, R–2206E,
R–2206F, and R–2206G, over Clear, AK.
The FAA has determined that these
actions are necessary to protect aircraft
from the hazardous High-Intensity
Radiated Field (HIRF) produced by the
Long Range Discrimination Radar
(LRDR) and segregate non-participating
aircraft.
DATES: Effective date 0901 UTC,
December 29, 2022.
FOR FURTHER INFORMATION CONTACT:
Colby Abbott, Rules and Regulations
Group, Office of Policy, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
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
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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 amends an
existing restricted area and establishes
restricted areas over Clear, AK, to
protect operators from activities deemed
hazardous to nonparticipating aircraft.
History
Notice of Proposed Rulemaking
The FAA published a notice of
proposed rulemaking (NPRM) in the
Federal Register (86 FR 11194; February
24, 2021), amending R–2206 by
renaming it and establishing restricted
areas R–2206B, R–2206C, R–2206D, R–
2206E, R–2206F, and R–2206G over
Clear, AK. Interested parties were
invited to participate in this rulemaking
effort by submitting written comments
on the proposal.
History of R–2206 and Clear Airport
R–2206 was initially established as R–
20 on January 1, 1961 (25 FR 12174),
over the Clear Air Force Station (AFS) 1
at Clear, AK, to protect the National
Airspace System (NAS) while a
potential radiation hazard caused by the
Ballistic Missile Early Warning System
(BMEWS) was assessed by the United
States Air Force (USAF). On May 12,
1962, the designation of R–2206 was
amended to extend the duration for an
indefinite period (27 FR 4553) due to
ongoing concern regarding the radiation
hazard associated with the BMEWS.
Initially established for private use by
the military in support of the BMEWS
mission, Clear Airport (PACL) is located
less than a 1⁄2 Nautical Mile (NM) from
the eastern boundary of R–2206. The
airport was leased by the Secretary of
the Air Force to the State of Alaska on
December 20, 1974. The FAA performed
an airspace review and issued a letter of
‘‘no objection’’ to convert the airport
from private to public use on January
20, 1976.2 Subsequently, the land (1,814
acres) on which PACL is located was
declared surplus by the USAF and
conveyed to the State of Alaska in the
late 1980s. PACL has remained in its
original location since its conversion to
a public use airport.
The FAA did not object to the
proximity of R–2206 to the airport when
it was converted to a public use airport
because, at the time of conversion, there
1 On June 15, 2021, Clear AFS was renamed Clear
Space Force Station. The renaming was part of
ongoing efforts to develop the United States Space
Force (USSF). Throughout this document, for
continuity with the proposal and clarity, the FAA
will use term Clear AFS.
2 A copy of this letter is in the docket for this
rulemaking.
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was no established standard to separate
restricted areas and public use airports.
The FAA later established that a
restricted area must exclude airspace
1,500 feet above ground level (AGL) and
below that is within a 3 NM radius of
airports available for public use
(‘‘1,500AGL/3NM’’) in the September
16, 1993, edition of FAA Order JO
7400.2, Procedures for Handling
Airspace Matters.3 The FAA therefore
considers the original R–2206 as
excepted from the subsequently
established ‘‘1,500AGL/3NM’’ restricted
area exclusion in FAA Order JO 7400.2.
Drivers for Missile Defense Agency’s
(MDA) LRDR
Section 235(a)(1) of the National
Defense Authorization Act (NDAA) for
Fiscal Year (FY) 2014 required Missile
Defense Agency to deploy a LRDR to
protect the United States against longrange ballistic missile threats from the
Democratic People’s Republic of Korea
(North Korea) and to locate the LRDR
‘‘at a location optimized to support the
defense of the homeland of the United
States.’’ Public Law 113–66; 10 U.S.C.
2431 (Dec. 26, 2013). Section 235(b)(1)
of the NDAA for FY 2014 also required
the Secretary of Defense to ensure the
capability ‘‘to deploy additional
tracking and discrimination sensor
capabilities to support the defense of the
homeland of the United States from
future long-range ballistic missile
threats that emerge from Iran.’’
Section 1684 of the NDAA for FY
2016 expressed ‘‘the sense of Congress
that additional missile defense sensor
discrimination capabilities are needed
to enhance the protection of the United
States homeland against potential longrange ballistic missiles from Iran that,
according to the Department of Defense,
could soon be obtained by Iran as a
result of its active space launch
program.’’ Public Law 114–92; 10 U.S.C.
2431 (Jan. 6, 2015). Moreover, Section
1684(d)(1) of the NDAA for FY 2016
established a December 31, 2020,
deadline for the deployment of a
defensive system.
After a detailed evaluation of cost,
schedule, and performance as well as
other mission related factors, the
Department of Defense (DoD)
determined that Clear AFS was the
preferred site for the LRDR and
designated the USAF as the lead service
for LRDR.
3 The current version of this Order is accessible
at: https://www.faa.gov/documentLibrary/media/
Order/7400.2M_Bsc_w_Chg_1_2_dtd_7_16_20.pdf.
See sub-section 23–1–4, Restricted Area Floor.
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Mission of LRDR Program
The mission of the LRDR program is
to define, develop, acquire, test, field,
and sustain the LRDR as an element of
the DoD Ballistic Missile Defense
System (BMDS) in support of the
Ground-Based Midcourse Defense
(GMO) program’s Homeland Defense
Capability. The LRDR will provide
persistent long-range midcourse
discrimination, precision tracking, and
hit assessment to support the GMO
capability against long-range missile
threats originating from North Korea
and Iran. LRDR contributes to MDA’s
mission of developing and deploying a
layered BMDS to defend the United
States from ballistic missile attacks of
all ranges in all phases of flight. LRDR’s
improved discrimination capability
increases the defensive capacity of the
homeland defense interceptor inventory
by enabling the conservation of groundbased interceptors. LRDR also supports
additional DoD mission areas such as
Space Situational Awareness and
Intelligence Data Collection. Changes in
operational posture due to the evolving
threat, which would result in LRDR
deployment with unacceptable levels of
HIRF exposure for aviation, necessitate
the requirement for additional restricted
airspace to support LRDR’s critical
national defense mission at Clear AFS.
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USAF Proposal to the FAA
By memorandum dated September 30,
2019, the USAF submitted a proposal to
the FAA to establish two new restricted
areas in the vicinity of Clear AFS, to
protect the NAS from the HIRF
produced by the LRDR. The proposed
restricted area requires lateral and
vertical limits larger than the current
R–2206 to support the deployment of
the DoD’s LRDR to meet increased
warfighter defense and readiness
postures. This rule maintains the
existing restricted area R–2206 in its
current configuration but renames it
R–2206A, and supplements this area
with six new restricted areas designated
R–2206B, R–2206C, R–2206D, R–2206E,
R–2206F, and R–2206G. The FAA
identified the need for one of the new
restricted areas (i.e., R–2206F) that
provides an additional 1,100 feet of
navigable airspace along Parks Highway
to the Northeast of Clear, AK. This
additional restricted area allows for a
visual route following a known
landmark during normal operations.
The addition of the new restricted area
lead the FAA to re-letter the restricted
areas for a more logical sequence (i.e.,
from low to high on the west side and
then from low to high on the east side).
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The rule applies the ‘‘1,500AGL/
3NM’’ restricted area exclusion for
PACL for the new restricted areas, with
exceptions. The FAA approved a
limited deviation from its ‘‘1,500AGL/
3NM’’ restricted area exclusion
standard, published in FAA Order JO
7400.2, paragraph 23–1–4.c., for
R–2206D and R–2206E, given the
extraordinary nature of the LRDR
national defense mission required by
Congressional mandate, the limited
citing options available to the USAF to
achieve its mission, and FAA’s ability to
identify and implement airspace safety
and access mitigations at Clear, AK.
As previously explained, the NDAA
for FY 2014 required MDA to deploy a
LRDR ‘‘at a location optimized to
support the defense of the homeland of
the United States.’’ Public Law 113–66;
10 U.S.C. 2431 (Dec. 26, 2013).
Moreover, MDA was subsequently
directed to deploy the system by
December 31, 2020. The NDAA for FY
2016 created the LRDR program of
record and required ‘‘in a location
optimized to support the defense of the
homeland of the United States from
emerging long-range ballistic missile
threats from Iran.’’ Public Law 114–328;
10 U.S.C. 2431 (Dec. 23, 2016). To
support implementation of this mission,
the MDA narrowed the LRDR site
selection from 50 possible locations to
two locations in Alaska based on
evaluative criteria that included,
construction and schedule timelines in
light of the NDAA mandate, mission
assurance, impacts to existing civilian
and military infrastructure, and other
resource considerations. Of the two
remaining sites, only Clear AFS met all
of the levied LRDR requirements. The
alternative option in Alaska, Eareckson
AFS, was ruled out due to remote
geographical concerns, which added
unacceptable risk to timely and
successful deployment as compared to
Clear AFS. Moreover, the MDA
concluded that the Clear AFS location
in Central Alaska offered expanded
engagement space necessary to fulfill
the LRDR mission. This additional
engagement space affords more
visibility of hostile threat complexes
and greater time to track, discriminate
and target lethal incoming objects and
results in a much greater probability of
successful target intercept. The siting
recommendation of Clear AFS was
approved in 2016 by the USAF and
funding for LRDR at Clear AFS was
approved in the NDAA for FY17.4
4 The FAA uploaded a graphical depiction of the
restricted areas to the docket for this rulemaking
during the NPRM phase.
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The FAA emphasizes that any
deviations from an FAA Order is
reserved for extraordinary
circumstances. In this case, the FAA
determined that the national defense
benefits of a deviation outweigh the
costs of any additional airspace safety
and access mitigations to manage the
safe and efficient operation of the NAS
and impacts to PACL. The decision to
deviate from FAA Order JO 7400.2 in
this rulemaking action is not binding on
future determinations by the FAA
concerning whether to approve a
deviation as each deviation is reviewed
on a case-by-case basis. The FAA will
review any future requests on their
merits, based on the facts and
circumstances available at that time and
consistent with the FAA’s statutory
responsibilities.
Activities Within R–2206A–G
The activity to be performed at Clear,
AK, within the restricted areas is
Ballistic Missile Defense (BMD) of the
United States. System testing started in
early 2021 and will continue until it is
fully integrated into the DoD BMDS.
During the system testing phase, the
FAA established Title 14 Code of
Federal Regulations (CFR) 99.7, special
security instructions (SSI), implemented
as temporary flight restrictions, as an
interim airspace mitigation to protect
aviation from the HIRF produced by the
LRDR system not covered by R–2206.
LRDR is a unique and vital component
of the BMDS and will be available
continuously both as an early-warning
sensor and as an enabler for more
effective employment of ground-based
interceptors. The LRDR design features
high system availability and maintainwhile-operate architecture; this ensures
that LRDR will be in a continual posture
to fight in response to real-word, nonotice events. LRDR also supports
additional mission areas including
Space Situational Awareness and
Intelligence Data Collection.
In routine or normal defensive
posture, LRDR will operate at reduced
HIRF levels within the restricted areas
that provide for the ‘‘1,500AGL/3NM’’
restricted area exclusion. This will be
accomplished by enforcing main beam
elevation limits in the direction of Clear
Airport to provide a minimum of 1,500
feet AGL under the portions of restricted
areas within 3 NM of the airport.
Prescheduled maintenance and
calibration activities will also occur
during routine or normal posture and
would require activation of the
additional restricted areas during a few
periods per week for a couple of hours
at a time. These activities will be
scheduled when expected air traffic
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around Clear Airport is minimal, with
scheduled times openly distributed by
Notice to Air Missions (NOTAM) and
other outreach mechanisms.
In heightened defensive posture,
MDA may require use of all the
restricted areas to conduct missile
defense or other activities in response to
real-world events. During these periods
of heightened defensive posture, LRDR
will be activated with access to its full
field of coverage, which may necessitate
activation of all restricted areas; this
provides LRDR access to the airspace for
defensive actions within 3NM of Clear
Airport at and above 400 feet AGL.
Besides conducting actual BMDS
engagements, LRDR activities that may
require temporary activation of all
restricted areas include BMDS tests,
unique intelligence collection activities
such as new foreign space launches, or
critical space activities such as collision
avoidance involving manned spaceflight, satellite break-ups, and satellite
deorbits.
Required Coordination Between the
FAA, MDA, and USSF
The FAA, MDA, and United States
Space Force (USSF) currently have a
Letter of Agreement (LOA) in place
setting forth the air traffic control (ATC)
procedures to use while the SSI
implemented as temporary flight
restrictions are in place. The LOA
establishes authorities, responsibilities,
and procedures associated with the
coordination of air ambulance flights or
other contingencies required for aircraft
to fly into and out of the Clear Airport
and Healy River Airport (PAHV) during
the LRDR operation.
The FAA, MDA, and USSF are
currently developing a Letter of
Procedure (LOP) that will be effective
when the rule goes into effect replacing
the LOA now in place for the SSI
implemented as temporary flight
restrictions. This LOP will remain in
place until the LRDR system is fully
integrated into the DoD’s BMDS. The
LOP will address emergency or
extraordinary events. The LOP will also
address pre-determined NOTAMs to
handle the activation and scheduling of
the three non-continuous restricted
areas (R–2206D–F). The LOP will
include procedures for handling
national defense no-notice activation
from NORAD–USNORTHCOM
Command Center, as well as notification
times for all other requests, to ensure a
NOTAM and notifications to the
surrounding areas and aviators can take
place with reasonable advance notice
prior to activation. Pre-determined
actions will provide the framework for
rapid adaptation of the special use
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airspace to handle extraordinary events.
The LOP will also address the
maintenance of the alert system
discussed below. After the LRDR system
is fully integrated into the DoD’s BMDS,
the FAA and the USSF will enter into
a new LOP.
Impact on IFR (Instrument Flight Rules)
and VFR (Visual Flight Rules) Terminal
Ops
In the NPRM, the FAA noted the
R–2206 restricted areas would impact
IFR routes between Anchorage and
Fairbanks, Alaska, including Jet Route
J–125, VOR Federal Airway V–436, and
Area Navigation (RNAV) Route Q–41.
The FAA identified the need for
mitigations altering the current airway/
route structure to revise the affected
airways around the expansion of
R–2206. Subsequent to the NPRM, the
FAA published a rule for Docket No.
FAA–2021–0245 in the Federal Register
(87 FR 65675, November 1, 2022)
amending J–125 and V–436. The rule
amended J–125 by removing the route
segment between the Anchorage, AK,
VHF Omnidirectional Range/Distance
Measuring Equipment (VOR/DME) and
the Nenana, AK VOR/Tactical Air
Navigation (VORTAC) navigational aids
because adjacent air traffic service
routes J–115, Q–43, and Q–41provided
the same enroute capability. The rule
also amended V–436 by removing the
airway segment between the Talkeetna,
AK, VOR/DME and the Nenana, AK,
VORTAC navigational aids and replaced
it with an airway segment that extends
between the Talkeetna VOR/DME and
the Fairbanks, AK, VORTAC which
moved the airway to transition east of
the R–2206 restricted areas. Lastly,
Q–41 currently and after the effective
date of the rule will remain as
published. However, ATC currently and
after publication will require radar
surveillance in certain segments as a
mitigation due to the proximity of the
route to the current SSI implemented as
temporary flight restrictions and the
R–2206 restricted areas.
Anchorage Air Route Traffic Control
Center (ARTCC) published that
requirement in its Operations Bulletin
and briefed all the ARTCC air traffic
controllers. With the establishment of
the R–2206 restricted areas by this rule,
the radar surveillance requirement for
aircraft filing and flying the Q–41 route
segment affected by the restricted areas
will be published in the Anchorage
ARTCC’s Standard Operating
Procedures (SOP) guidance replacing
the Operation Bulletin.
As addressed in the NPRM, the FAA
reviewed the USAF proposal for impact
on arrival and departure flows, Standard
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Terminal Arrival Route (STAR),
Standard Instrument Departure (SID),
and departure procedures, and
identified a number procedures that
needed to be revised to avoid the
R–2206 restricted areas. The affected
SIDs at Fairbanks International Airport
were amended and published in the
Flight Information Publication (FLIP)
effective August 12, 2021. The affected
STARs at Ted Stevens International
Airport and the affected instrument
approach procedures and obstacle
departure procedure at Healy River
Airport were amended and are being
held to publish in the FLIP effective
December 29, 2022. Amendment and
publication in the FLIP of the affected
SIDs, STARs, instrument approach
procedures, and obstacle departure
procedure listed in the NPRM ensures
the IFR and VFR terminal operations at
Fairbanks International Airport, Ted
Stevens International Airport, and Healy
River Airport are unaffected by the
restricted areas.
United States Space Force
The USSF was established on
December 20, 2019, when the NDAA for
FY 2020 was signed into law. As part of
the establishment of the USSF, the using
agency unit proposed in the NPRM,
13th Missile Warning Squadron,
transitioned from the Air Force Space
Command within the USAF to the USSF
and was renamed the 13th Space
Warning Squadron. The USSF will
oversee the LRDR operations at Clear
AFS once the system is fully integrated
into the DoD’s BMDS. Finally, on June
15, 2021, Clear AFS was renamed to
Clear Space Force Station (SFS).
Differences From the NPRM
In the NPRM published for Docket
No. FAA–2020–0755, the FAA
identified an editorial error in
describing the proposed altitude floor
for restricted area R–2206C. In the
preamble of the NPRM, the altitude
floor for R–2206C was described
incorrectly as 1,100 feet mean sea level
(MSL). The correct altitude floor for
R–2206C is 1,600 feet MSL. Although
the altitude floor for R–2206C was
described incorrectly in the preamble of
the NPRM, it was described correctly in
the proposed regulatory text of the
NPRM as 1,600 feet MSL. Therefore, this
rule retains the R–2206C designated
altitudes listed in the description in the
regulatory text as proposed.
Also in the NPRM for Docket No.
FAA–2020–0755, editorial errors in
describing the proposed altitude floors
for restricted areas R–2206B and
R–2206D, were identified. In the
preamble of the NPRM, the altitude
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floors were described incorrectly as
1,100 feet MSL. The correct altitude
floor for R–2206B and R–2206D is 1,000
feet MSL. Although the altitude floors
for R–2206B and R–2206D were
described incorrectly in the preamble of
the NPRM, they were described
correctly in the proposed regulatory text
of the NPRM as 1,000 feet MSL.
Therefore, this rule retains the R–2206B
and R–2206D designated altitudes listed
in the descriptions in the regulatory text
as proposed.
Lastly, in the NPRM for Docket No.
FAA–2020–0755, the using agency for
the restricted area descriptions in the
regulatory text was listed as,
‘‘Commander 13th Missile Warning
Squadron, Clear, AK.’’ However, as a
result of the establishment of the USSF
and the renaming of the unit to 13th
Space Warning Squadron, as noted
above, this rule corrects the restricted
areas using agency to Commander, 13th
Space Warning Squadron, Clear, AK.
Discussion of Comments
The FAA received eleven comments
on the NPRM. Ten of the comments
were submitted by individuals and one
comment was submitted by the Alaska
Airmen’s Association.
The Alaska Airmen’s Association and
three other commenters stated that the
proposed airspace design may be too
complicated based on the FAA’s interim
approach of establishing Special
Security Instructions (SSI) in
accordance with 14 CFR 99.7,
implemented as a temporary flight
restriction, to protect aviation from the
HIRF produced during the testing
phases of the LRDR. The Alaska
Airmen’s Association commented that
none of the third-party mapping
applications are able to display correctly
a graphic depiction of the current SSI
implemented as temporary flight
restrictions identified in the NOTAMs.
Commenters also noted that without the
ability to precisely determine the status
(i.e., active or inactive) of the SSI
implemented as temporary flight
restrictions, it will likely cause
inadvertent and repeated incursions
into the temporary flight restrictions.
The FAA acknowledged the concerns
about SSI as implemented as temporary
flight restrictions and took action to
address the issues with the interim
approach while developing this final
rule. Two NOTAMs were published as
an interim approach to protecting
aircraft during the LRDR testing phase,
one for the continuously active SSI
implemented as temporary flight
restrictions, which correlate with the
designation of R–2206B, C, and G
restricted areas and one for the non-
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continuously active SSI implemented as
temporary flight restrictions, which
correlate with designation of R–2206D–
F restricted areas.
The FAA determined the source of the
confusion with these NOTAMs and lack
of charted depictions came from the
overlapping altitudes of the temporary
flight restrictions. The overlapping
altitudes of the two SSI implemented as
temporary flight restrictions caused
errors in the shape files that resulted in
the graphical depictions of the flight
restricted areas not being displayed on
the FAA’s Temporary Flight Restriction
(TFR) website or third part charting
applications. The FAA adjusted the
overlapping altitudes of the SSI
implemented as temporary flight
restrictions and republished the
NOTAMs with the changed altitudes on
May 7, 2021. As a result, the FAA’s TFR
website and all third-party charting
applications were able to display the
SSI implemented as temporary flight
restrictions correctly. Pilots have been
able to better familiarize themselves
with the SSI temporary flight
restrictions since May 2021.
The concerns associated with the SSI
as implemented as temporary flight
restrictions graphical depictions not
displaying properly will not carry
forward with the establishment of the
new restricted areas R–2206A–G
pursuant to Part 73. The restricted areas
will be depicted correctly on the
associated aeronautical charts following
the effective date of this rule.
Five individual commenters
expressed concerns that the proposed
restricted areas (R–2206A–G) would
lead to the closure of PACL and remove
the ability to navigate under visual
flight rules (VFR) via the Parks Highway
(Alaska Highway 3) when the restricted
areas are active.5
The FAA previously considered this
issue and addressed the concern in a
Letter of Agreement (LOA) 6 between the
FAA, MDA, and USSF. The procedures
in the LOA requires MDA to halt its
activities to allow for flights to access
PACL. With the establishment of the
restricted areas by this rule, the FAA,
MDA, and USSF will establish a Letter
of Procedure (LOP) to reflect the
restricted areas airspace instead of the
SSI implemented as temporary flight
restrictions. To further mitigate impacts,
the low-altitude restricted areas
5 The agency notes that one additional individual
commenter simply expressed that adopting the
proposal would make life a lot harder for pilots
conducting VFR operations, with no further
explanation.
6 In the NPRM, the FAA referenced a Letter of
Procedure being in place prior to the final rule.
However, the proper term is Letter of Agreement.
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R–2206D–F will only be utilized for
testing between 0200–0400 Tuesday,
Thursday, and Saturday to support
scheduled calibration. Outside of the
scheduled times for testing, the FAA
anticipates that the airspace would
likely only be activated in the interest
of the national defense of the United
States as a result of a real world event.
When the restricted areas are not active,
pilots can land and depart PACL
unrestricted.
Also, in response to comments
received during the FAA Safety Risk
Management Panel (SRMP) requesting
increased navigable airspace
surrounding Parks Highway, the FAA,
MDA, and USAF collaborated on the
development of R–2206F and the FAA
added R–2206F to the proposal.
R–2206F allows VFR navigation via the
Parks Highway without impacting the
overall design of the restricted areas.
Finally, the short activation times for
R–2206F will further mitigate and
minimize impacts to pilots conducting
such VFR operations, navigating via the
Parks Highway.
Two individual commenters
expressed their concerns that
instrument flight rules (IFR) procedures
into Healy River Airport (HRR) will be
eliminated. The FAA retained the IFR
procedures into HRR and kept them
available for use, as needed. The FAA
also developed an interim procedure, in
collaboration with the MDA, which
allows for activities occurring within
the SSI implemented as temporary flight
restrictions to be temporarily halted, as
necessary, to enable IFR flights into
HRR. Finally, the FAA developed new,
permanent HRR approach and departure
procedures that will not be affected by
the R–2206A–G restricted areas once
they are established. The new HRR IFR
approach and departure procedures are
planned to be published in the FLIP
concurrent with the effective date of this
rule establishing the R–2206 restricted
areas.
The Alaska Airmen’s Association
expressed concerns that when the LRDR
becomes operational, R–2206D–F could
go active without warning, for a real
world event. They further cited the
MDA stating that for reasons of
operational security, there can be no
prior notification for activating the
lower zones.
At the time that the NPRM published,
neither the FAA nor MDA had a
mechanism in place to notify pilots
when R–2206D–F activate outside of
prescheduled periods. The
communications coverage for real-time
notifications by air traffic control near
the Clear LRDR and PACL airport was
deficient. Anchorage ARTCC has no
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communications coverage and the local
Flight Service Station’s communications
was intermittent. As such, without other
communications measures in place,
there was an unacceptable risk for
airspace users flying near the LRDR
area, entering the low-altitude restricted
airspace in R–2206D–F while it was
active. Accordingly, to overcome this
problem, the FAA, again, in
collaboration with the MDA,
implemented an actionable and timely
notification system that is currently
operational. The system includes a
dedicated frequency (133.25 VHF) and a
visual warning light with daytime and
nighttime patterns. The dedicated
frequency continually broadcasts a
message to aviators on the status of the
SSI implemented as temporary flight
restrictions currently and will for the
restricted areas established by this rule.
The transmission is audible from the
PACL for aircraft holding short of all
runway entry points; the PACL north
ramp for helicopter operations by the
Bureau of Land Management; while
flying northbound from Healy River
Airport (PAHV) over the city of Ferry,
AK; and while flying southbound from
Nenana Airport (PANN) along the Parks
Highway. The visual warning light is
visible, day and night, while flying
southbound from PANN airport between
1,000 feet and 2,600 feet AGL and along
the Parks Highway. It is also visible
while flying toward PACL between 500
feet and 1,500 feet AGL at 4 NM from
headings of 090°, 120°, and 180°; and
while flying towards PACL between 500
feet and 1,500 feet AGL at 5.1 NM and
7.3 NM, respectively, from a heading of
360°. The warning light is not visible
from the surface; however, aircraft on
the ground are encouraged to use the
dedicated frequency, 133.25 VHF, for
restricted area status updates.
Additionally, the Alaska Department of
Transportation installed 4 signs on
PACL at each of the 3 runway hold short
lines and 1 at the north ramp, where
helicopters depart, to notify pilots, prior
to departure, of the dedicated alerting
frequency that is broadcasting the SSI
implemented as temporary flight
restrictions status currently and the
restricted areas established by this rule
status as further encouragement.
The Rule
This action amends 14 CFR part 73 by
renaming R–2206 to R–2206A and
establishing 6 new restricted areas
R–2206B, R–2206C, R–2206D, R–2206E,
R–2206F, and R–2206G, over the Clear
SFS at Clear, AK. The FAA has
determined that the action is necessary
to protect aircraft from the hazardous
HIRF produced by the MDA’s LRDR and
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segregate non-participating aircraft. Full
legal descriptions of the restricted areas
are contained in ‘‘The Amendment’’
section as set forth below.
R–2206A: R–2206 is amended by
renaming it R–2206A. There is no
change to the boundaries as established
under R–2206. The designated altitudes
extend upward from the surface to 8,800
feet MSL. R–2206A is active
continuously.
R–2206B: R–2206B is established west
of PACL, fanning clockwise from the
southwest to the northwest, excluding
the portion within R–2206A, with the
eastern boundary located 3 NM west of
PACL. The designated altitudes extend
upward from 1,000 feet MSL to, but not
including 1,600 feet MSL. R–2206B is
active continuously.
R–2206C: R–2206C is established west
of PACL, fanning clockwise from the
southwest to the northwest, excluding
the portion within R–2206A, with the
eastern boundary located 3 NM west of
PACL. The designated altitudes extend
upward from 1,600 feet MSL to 32,000
feet MSL. R–2206C is active
continuously.
R–2206D: R–2206D is established
northwest of PACL, fanning clockwise
from the northwest to north, excluding
the portion within R–2206A, with the
eastern boundary located 1⁄2 NM west of
PACL. The designated altitudes extend
upward from 1,000 feet MSL to, but not
including 1,600 feet MSL. R–2206D
activation times are 0200–0400 local
time, Tuesday, Thursday, and Saturday;
other times by NOTAM.
R–2206E: R–2206E is established
north of PACL, fanning clockwise from
the northwest to the northeast,
excluding the portion within R–2206A,
with the eastern boundary located 1⁄2
NM west of PACL. The designated
altitudes extend upward from 1,600 feet
MSL to, but not including 2,100 feet
MSL. R–2206E activation times are
0200–0400 local time, Tuesday,
Thursday, and Saturday; other times by
NOTAM.
R–2206F: R–2206F is established
northeast of PACL, enabling VFR
aircraft to transition along Alaska
Highway 3 (the Parks Highway) with the
southern boundary located 3 NM north
of PACL. The designated altitudes
extend upward from 2,100 feet MSL to
3,200 feet MSL. R–2206F activation
times are 0200–0400 local time,
Tuesday, Thursday, and Saturday; other
times by NOTAM.
R–2206G: R–2206G is established
north of PACL, fanning clockwise from
the northwest to the northeast,
excluding the portions within R–2206A
and R–2206F, with the eastern boundary
located 1⁄2 NM west of PACL. The
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Fmt 4700
Sfmt 4700
designated altitudes extend upward
from 2,100 feet MSL to 32,000 feet MSL.
R–2206G is active continuously.
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
rulemaking action of renaming
restricted area R–2206 to R–2206A and
establishing six new restricted areas R–
2206B, R–2206C, R–2206D, R–2206E, R–
2206F, and R–2206G, over Clear, AK
qualifies for categorical exclusion under
the National Environmental Policy Act
(42 U.S.C. 4321 et seq.) and its
implementing regulations at 40 CFR part
1500, and in accordance with FAA
Order 1050.1F, Environmental Impacts:
Policies and Procedures, paragraph 5–
6.5a, which categorically excludes from
further environmental impact review
rulemaking actions that designate or
modify classes of airspace areas,
airways, routes, and reporting points
(see 14 CFR part 71, Designation of
Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and
Reporting Points). As such, this
rulemaking action is not expected to
cause or result in any potentially
significant environmental impacts. In
accordance with FAA Order 1050.1F,
paragraph 5–2 regarding Extraordinary
Circumstances, the FAA has reviewed
this rulemaking action for factors and
circumstances in which a normally
categorically excluded action may have
a significant environmental impact
requiring further analysis, and has
determined that no extraordinary
circumstances exist warranting
preparation of an environmental
assessment or environmental impact
study.
On May 7, 2021, the MDA, as the lead
agency, announced the availability of its
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Final Environmental Impact Statement
(EIS) for the Long Range Discrimination
Radar (LRDR) located at Clear Air Force
Station (CAFS), Alaska. 86 FR 24599–
24600. The FAA and the Department of
the Air Force (DAF) are cooperating
agencies to the Final EIS. The MDA’s
EIS analyzed the operational impacts of
the LRDR, including airspace
restrictions necessary to ensure that
aircraft would not encounter high
intensity radiation fields (HIRF)
resulting from the LRDR operations that
exceed FAA’s HIRF certification
standards for aircraft electrical and
electronic systems. The proposed
airspace restrictions include expansion
of the existing restricted area (R–2206)
at CAFS by adding six new restricted
areas. The preferred alternative is to
operate the LRDR continuously under
the changed operational concept and to
implement the associated proposed
airspace restrictions as described in the
Proposed Action analyzed in the Final
EIS.
On June 24, 2021, the MDA as lead
agency, with the DAF as a cooperating
agency, issued a joint Record of
Decision (ROD) to implement changes
in operational concept for the LRDR at
CAFS, Alaska. 86 FR 33240. The ROD
includes modification of the LRDR
operational requirements and
procedures to reflect continuous
operations in response to emerging
threats. The action enables the MDA to
meet its congressional mandate to fully
support the primary mission of the
layered Missile Defense System (MDS)
to provide continuous and precise
tracking and discrimination of longrange missile threats launched against
the United States. The FAA is a
cooperating agency on the LRDR CAFS
EIS because it has special expertise and
jurisdiction by law, pursuant to 49
U.S.C. 40101 et seq., for aviation and
regulation of air commerce in the
interests of aviation safety and
efficiency. The MDA requested that the
FAA, as a cooperating agency, consider
and adopt, in whole or in part, the Final
EIS as the required NEPA
documentation to support FAA
decisions on the establishment of
restricted areas. The airspace associated
with the proposed action and alternative
lies within the jurisdiction of the FAA
Anchorage Air Route Traffic Control
Center. FAA established 6 new
restricted areas and made related
changes in airspace management.
On July 6, 2021, the FAA adopted the
airspace portion of the MDA’s EIS per
FAA’s policy for Adoption of Other
Agencies’ NEPA Documents in FAA
Order 1050.1F, Paragraph 8–2. On
August 23, 2021, the FAA issued a
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Notice of Availability for its adoption of
MDA’s Final EIS for LRDR Operations,
Clear Air Force Station, Alaska (CAFS),
and Record of Decision for FAA actions
to accommodate testing and operation of
the LRDR at CAFS under the MDA’s
Modified Operational Concept;
Adoption of the Missile Defense
Agency’s Final Environmental Impact
Statement for Long Range
Discrimination Radar (LRDR)
Operations, Clear Air Force Station,
Alaska (CAFS), and Record of Decision
for Federal Aviation Administration
Actions to Accommodate Testing and
Operation of the LRDR at CAFS under
the Missile Defense Agency’s Modified
Operational Concept, which addresses
the FAA’s decision to establish
additional restricted areas to protect
aviation from HIRF generated during the
LRDR testing and operation, implement
temporary flight restrictions until the
restricted areas are in effect, and make
changes to federal airways and
instrument flight procedures to
accommodate the new restricted areas
(86 FR 47195, August 23, 2021).
Lists of Subjects in 14 CFR Part 73
Airspace, Prohibited areas, Restricted
areas.
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 73 as follows:
PART 73—SPECIAL USE AIRSPACE
1. The authority citation for 14 CFR
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
§ 73.22
[Amended]
2. Section 73.22 is amended as
follows:
*
*
*
*
*
■
R–2206
Clear, AK [Removed]
R–2206A Clear, AK [New]
Boundaries. Beginning at lat. 64°19′44″ N,
long. 149°15′42″ W; to lat. 64°19′44″ N, long.
149°10′18″ W; thence south, 100 feet west of
and parallel to the Alaska Railroad to lat.
64°16′17″ N, long. 149°10′14″ W; to lat.
64°16′17″ N, long. 149°15′42″ W; to the point
of beginning.
Designated Altitudes. Surface to 8,800 feet
MSL.
Time of designation. Continuous.
Controlling agency. FAA, Anchorage
ARTCC.
Using agency. Commander 13th Space
Warning Squadron, Clear, AK.
R–2206B Clear, AK [New]
Boundaries. Beginning at lat. 64°20′13″ N,
long. 149°13′12″ W; to lat. 64°17′20″ N, long.
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66953
149°11′25″ W; to lat. 64°14′31″ N, long.
149°13′43″ W; thence clockwise along a 3.0
NM arc radius centered at lat. 64°17′20″ N,
long. 149°11′25″ W; thence to the point of
beginning; excluding that portion wholly
contained in R–2206A.
Designated Altitudes. 1,000 feet MSL to,
but not including 1,600′ MSL.
Time of designation. Continuous.
Controlling agency. FAA, Anchorage
ARTCC.
Using agency. Commander 13th Space
Warning Squadron, Clear, AK.
R–2206C
Clear, AK [New]
Boundaries. Beginning at lat. 64°19′27″ N,
long. 149°20′22″ W; thence clockwise along
a 4.0 NM arc radius centered at lat. 64°20′22″
N, long. 149°11′25″ W; to lat. 64°23′56″ N,
long. 149°15′30″ W; to lat. 64°17′20″ N, long.
149°11′25″ W; to lat. 64°14′10″ N, long.
149°14′01″ W; thence along a 3.0 NM arc
radius centered at lat. 64°16′55″ N, long.
149°16′41″ W; to the point of beginning;
excluding that portion wholly contained in
R–2206A.
Designated Altitudes. 1,600 feet MSL to
32,000 feet MSL.
Time of designation. Continuous.
Controlling agency. FAA, Anchorage
ARTCC.
Using agency. Commander 13th Space
Warning Squadron, Clear, AK.
R–2206D Clear, AK [New]
Boundaries. Beginning at lat. 64°20′13″ N,
long. 149°13′12″ W; thence clockwise along
a 3.0 NM arc radius centered at lat. 64°17′20″
N, long. 149°11′25″ W; to lat. 64°18′47″ N,
long. 149°05′23″ W; to lat. 64°17′20″ N, long.
149°11′25″ W; thence to point of beginning;
excluding that portion wholly contained in
R–2206A.
Designated Altitudes. 1,000 feet MSL to but
not including 1,600 feet MSL.
Time of designation. 0200–0400 local time,
Tuesday, Thursday and Saturday; other times
by NOTAM.
Controlling agency. FAA, Anchorage
ARTCC.
Using agency. Commander 13th Space
Warning Squadron, Clear, AK.
R–2206E Clear, AK [New]
Boundaries. Beginning at lat. 64°23′56″ N,
long. 149°15′30″ W; thence clockwise along
a 4.0 NM arc radius centered at lat. 64°20′22″
N, long. 149°11′25″ W; to lat. 64°19′29″ N,
long. 149°02′27″ W; to lat. 64°17′20″ N, long.
149°11′25″ W; thence to point of beginning;
excluding that portion wholly contained in
R–2206A.
Designated Altitudes. 1,600 feet MSL to but
not including 2,100 feet MSL.
Time of designation. 0200–0400 local time,
Tuesday, Thursday and Saturday; other times
by NOTAM.
Controlling agency. FAA, Anchorage
ARTCC.
Using agency. Commander 13th Space
Warning Squadron, Clear, AK.
R–2206F
Clear, AK [New]
Boundaries. Beginning at lat. 64°22′07″ N,
long. 149°03′09″ W; thence clockwise along
the 4.0 NM arc radius centered at lat.
64°20′22″ N, long. 149°11′25″ W; to lat.
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64°19′29″ N, long. 149°02′27″ W; to lat.
64°19′19″ N, long. 149°03′07″ W; to lat.
64°19′36″ N, long. 149°03′18″ W; thence
north, along a path 1⁄2 NM west of Highway
3, Parks Highway; to lat. 64°21′42″ N, long.
149°03′37″ W; to the point of beginning;
Designated Altitudes. 2,100 feet MSL to
3,200 feet MSL.
Time of designation. 0200–0400 local time,
Tuesday, Thursday and Saturday; other times
by NOTAM.
Controlling agency. FAA, Anchorage
ARTCC.
Using agency. Commander 13th Space
Warning Squadron, Clear, AK.
R–2206G Clear, AK [New]
Boundaries. Beginning at lat. 64°23′56″ N,
long. 149°15′30″ W; thence clockwise along
a 4.0 NM arc radius centered at lat. 64°20′22″
N, long. 149°11′25″ W; to lat. 64°19′29″ N,
long. 149°02′27″ W; to lat. 64°17′20″ N, long.
149°11′25″ W; thence to point of beginning;
excluding; (1) that portion wholly contained
in R–2206A; (2) that portion wholly
contained in R–2206F.
Designated Altitudes. 2,100 feet MSL to
32,000 feet MSL.
Time of designation. Continuous.
Controlling agency. FAA, Anchorage
ARTCC.
Using agency. Commander 13th Space
Warning Squadron, Clear, AK.
*
*
*
*
*
Issued in Washington, DC, on November 2,
2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022–24242 Filed 11–3–22; 11:15 am]
BILLING CODE 4910–13–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1301
[Docket No. DEA–555]
Technical Correction to Regulation
Regarding Registration Exception for
Officials
Drug Enforcement
Administration, Department of Justice.
ACTION: Final rule; technical correction.
AGENCY:
This final rule updates a Drug
Enforcement Administration regulation
involving exemption from registration
for law enforcement officials by
removing an inapposite cross-reference
listing. This action makes no
substantive changes to this regulation.
DATES: This rule is effective November
7, 2022
FOR FURTHER INFORMATION CONTACT:
Scott A. Brinks, Regulatory Drafting and
Policy Support Section, Diversion
Control Division, Drug Enforcement
Administration; Mailing Address: 8701
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
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16:02 Nov 04, 2022
Jkt 259001
Morrissette Drive, Springfield, Virginia
22152; Telephone: (571) 776–3882.
SUPPLEMENTARY INFORMATION:
Legal Authority
The Controlled Substances Act (CSA)
grants the Attorney General authority to
promulgate rules and regulations
relating to the registration and control of
the manufacture, distribution, and
dispensing of controlled substances; as
well as the maintenance and submission
of records and reports of registrants; and
that are necessary and appropriate for
the efficient execution of his statutory
functions. 21 U.S.C. 821, 827, 871(b).
The Attorney General is further
authorized by the CSA to promulgate
rules and regulations relating to the
registration and control of importers and
exporters of controlled substances. 21
U.S.C. 958(f). The Attorney General has
delegated this authority to the
Administrator of the Drug Enforcement
Administration (DEA). 28 CFR 0.100(b).
Technical Correction
Section 1301.24(a) of title 21 of the
CFR provides that various law
enforcement officials, including certain
DEA officers or employees, are exempt
from the registration requirement, and
no change is being made in that
provision.1
DEA is amending 21 CFR 1301.24(b)
by removing the cross-reference to 21
CFR 1316.03(d). Section 1301.24(b)
currently provides, among other things,
that any such official exempted under
paragraph (a), and acting in the course
of his or her official duties, may procure
controlled substances during an
inspection, in accordance with
§ 1316.03(d).
Section 1316.03(d) pertains to a DEA
inspector entering controlled premises
and conducting administrative
inspections under the CSA and the
regulations. If the DEA inspector
collects samples of controlled
substances or listed chemicals,
§ 1316.03(d) provides that the inspector
will issue receipts on DEA Form 400 for
samples of controlled substances or
listed chemicals collected during an
inspection. Accordingly, this particular
provision would apply only to DEA
inspectors conducting administrative
inspections, and not to any other law
enforcement official that is exempted
under 21 CFR 1301.24(a). Section
1316.03(d) remains applicable by its
terms to DEA inspectors conducting
administrative inspections, and so there
is no need to include a cross-reference
to this provision in § 1301.24(a). In
addition, only DEA officers or
1 See
PO 00000
21 CFR 1301.11(a).
Frm 00020
Fmt 4700
Sfmt 4700
employees would have access to such a
form. Therefore, DEA has concluded it
is best that this inapposite crossreference to § 1316.03(d) be removed, as
this will eliminate any confusion.
Regulatory Analyses
Administrative Procedure Act
The Administrative Procedure Act
(APA) (5 U.S.C. 553) does not require
notice and the opportunity for public
comment where the agency for good
cause finds that notice and public
comment are unnecessary,
impracticable, or contrary to the public
interest under 5 U.S.C. 553(b)(B). This
rule contains a technical correction; it
imposes no new or substantive
requirement on the public or DEA
registrants. As such, DEA has
determined that notice and the
opportunity for public comment on this
rule are unnecessary. See 5 U.S.C.
553(b)(B) (relating to notice and
comment procedures). ‘‘[W]hen
regulations merely restate the statute
they implement, notice-and-comment
procedures are unnecessary.’’ Gray
Panthers Advocacy Committee v.
Sullivan, 936 F.2d 1284, 1291 (D.C. Cir.
1991); see also United States v. Cain,
583 F.3d 408, 420 (6th Cir. 2009)
(contrasting legislative rules, which
require notice-and-comment
procedures, ‘‘with regulations that
merely restate or interpret statutory
obligations,’’ which do not); Komjathy v.
Nat. Trans. Safety Bd., 832 F.2d 1294,
1296 (D.C. Cir. 1987) (when a rule ‘‘does
no more than repeat, virtually verbatim,
the statutory grant of authority’’ noticeand-comment procedures are not
required). Because this is not a
substantive rule, and as DEA finds good
cause under 5 U.S.C. 553(d)(3) for the
above reason, this final rule takes effect
upon date of publication in the Federal
Register.
Executive Orders 12866 (Regulatory
Planning and Review) and 13563
(Improving Regulation and Regulatory
Review)
This final rule was developed in
accordance with the principles of
Executive Orders (E.O.) 12866 and
13563. E.O. 12866 directs agencies to
assess all costs and benefits of available
regulatory alternatives and, if regulation
is necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health, and safety
effects; distributive impacts; and
equity). E.O. 13563 is supplemental to,
and reaffirms, the principles, structures,
and definitions governing regulatory
review as established in E.O. 12866. The
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]]>Agencies
[Federal Register Volume 87, Number 214 (Monday, November 7, 2022)]
[Rules and Regulations]
[Pages 66948-66954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24242]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA-2020-0755-; Airspace Docket No. 19-AAL-83]
RIN 2120-AA66
Amendment of R-2206 and Establishment of Restricted Areas R-
2206B, R-2206C, R-2206D, R-2206E, R-2206F, and R-2206G; Clear, AK
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action amends restricted area R-2206 by renaming it R-
2206A and establishes six new restricted areas R-2206B, R-2206C, R-
2206D, R-2206E, R-2206F, and R-2206G, over Clear, AK. The FAA has
determined that these actions are necessary to protect aircraft from
the hazardous High-Intensity Radiated Field (HIRF) produced by the Long
Range Discrimination Radar (LRDR) and segregate non-participating
aircraft.
DATES: Effective date 0901 UTC, December 29, 2022.
FOR FURTHER INFORMATION CONTACT: Colby Abbott, Rules and Regulations
Group, Office of Policy, 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 amends an existing restricted area and establishes
restricted areas over Clear, AK, to protect operators from activities
deemed hazardous to nonparticipating aircraft.
History
Notice of Proposed Rulemaking
The FAA published a notice of proposed rulemaking (NPRM) in the
Federal Register (86 FR 11194; February 24, 2021), amending R-2206 by
renaming it and establishing restricted areas R-2206B, R-2206C, R-
2206D, R-2206E, R-2206F, and R-2206G over Clear, AK. Interested parties
were invited to participate in this rulemaking effort by submitting
written comments on the proposal.
History of R-2206 and Clear Airport
R-2206 was initially established as R-20 on January 1, 1961 (25 FR
12174), over the Clear Air Force Station (AFS) \1\ at Clear, AK, to
protect the National Airspace System (NAS) while a potential radiation
hazard caused by the Ballistic Missile Early Warning System (BMEWS) was
assessed by the United States Air Force (USAF). On May 12, 1962, the
designation of R-2206 was amended to extend the duration for an
indefinite period (27 FR 4553) due to ongoing concern regarding the
radiation hazard associated with the BMEWS.
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\1\ On June 15, 2021, Clear AFS was renamed Clear Space Force
Station. The renaming was part of ongoing efforts to develop the
United States Space Force (USSF). Throughout this document, for
continuity with the proposal and clarity, the FAA will use term
Clear AFS.
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Initially established for private use by the military in support of
the BMEWS mission, Clear Airport (PACL) is located less than a \1/2\
Nautical Mile (NM) from the eastern boundary of R-2206. The airport was
leased by the Secretary of the Air Force to the State of Alaska on
December 20, 1974. The FAA performed an airspace review and issued a
letter of ``no objection'' to convert the airport from private to
public use on January 20, 1976.\2\ Subsequently, the land (1,814 acres)
on which PACL is located was declared surplus by the USAF and conveyed
to the State of Alaska in the late 1980s. PACL has remained in its
original location since its conversion to a public use airport.
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\2\ A copy of this letter is in the docket for this rulemaking.
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The FAA did not object to the proximity of R-2206 to the airport
when it was converted to a public use airport because, at the time of
conversion, there was no established standard to separate restricted
areas and public use airports. The FAA later established that a
restricted area must exclude airspace 1,500 feet above ground level
(AGL) and below that is within a 3 NM radius of airports available for
public use (``1,500AGL/3NM'') in the September 16, 1993, edition of FAA
Order JO 7400.2, Procedures for Handling Airspace Matters.\3\ The FAA
therefore considers the original R-2206 as excepted from the
subsequently established ``1,500AGL/3NM'' restricted area exclusion in
FAA Order JO 7400.2.
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\3\ The current version of this Order is accessible at: https://www.faa.gov/documentLibrary/media/Order/7400.2M_Bsc_w_Chg_1_2_dtd_7_16_20.pdf. See sub-section 23-1-4,
Restricted Area Floor.
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Drivers for Missile Defense Agency's (MDA) LRDR
Section 235(a)(1) of the National Defense Authorization Act (NDAA)
for Fiscal Year (FY) 2014 required Missile Defense Agency to deploy a
LRDR to protect the United States against long-range ballistic missile
threats from the Democratic People's Republic of Korea (North Korea)
and to locate the LRDR ``at a location optimized to support the defense
of the homeland of the United States.'' Public Law 113-66; 10 U.S.C.
2431 (Dec. 26, 2013). Section 235(b)(1) of the NDAA for FY 2014 also
required the Secretary of Defense to ensure the capability ``to deploy
additional tracking and discrimination sensor capabilities to support
the defense of the homeland of the United States from future long-range
ballistic missile threats that emerge from Iran.''
Section 1684 of the NDAA for FY 2016 expressed ``the sense of
Congress that additional missile defense sensor discrimination
capabilities are needed to enhance the protection of the United States
homeland against potential long-range ballistic missiles from Iran
that, according to the Department of Defense, could soon be obtained by
Iran as a result of its active space launch program.'' Public Law 114-
92; 10 U.S.C. 2431 (Jan. 6, 2015). Moreover, Section 1684(d)(1) of the
NDAA for FY 2016 established a December 31, 2020, deadline for the
deployment of a defensive system.
After a detailed evaluation of cost, schedule, and performance as
well as other mission related factors, the Department of Defense (DoD)
determined that Clear AFS was the preferred site for the LRDR and
designated the USAF as the lead service for LRDR.
[[Page 66949]]
Mission of LRDR Program
The mission of the LRDR program is to define, develop, acquire,
test, field, and sustain the LRDR as an element of the DoD Ballistic
Missile Defense System (BMDS) in support of the Ground-Based Midcourse
Defense (GMO) program's Homeland Defense Capability. The LRDR will
provide persistent long-range midcourse discrimination, precision
tracking, and hit assessment to support the GMO capability against
long-range missile threats originating from North Korea and Iran. LRDR
contributes to MDA's mission of developing and deploying a layered BMDS
to defend the United States from ballistic missile attacks of all
ranges in all phases of flight. LRDR's improved discrimination
capability increases the defensive capacity of the homeland defense
interceptor inventory by enabling the conservation of ground-based
interceptors. LRDR also supports additional DoD mission areas such as
Space Situational Awareness and Intelligence Data Collection. Changes
in operational posture due to the evolving threat, which would result
in LRDR deployment with unacceptable levels of HIRF exposure for
aviation, necessitate the requirement for additional restricted
airspace to support LRDR's critical national defense mission at Clear
AFS.
USAF Proposal to the FAA
By memorandum dated September 30, 2019, the USAF submitted a
proposal to the FAA to establish two new restricted areas in the
vicinity of Clear AFS, to protect the NAS from the HIRF produced by the
LRDR. The proposed restricted area requires lateral and vertical limits
larger than the current R-2206 to support the deployment of the DoD's
LRDR to meet increased warfighter defense and readiness postures. This
rule maintains the existing restricted area R-2206 in its current
configuration but renames it R-2206A, and supplements this area with
six new restricted areas designated R-2206B, R-2206C, R-2206D, R-2206E,
R-2206F, and R-2206G. The FAA identified the need for one of the new
restricted areas (i.e., R-2206F) that provides an additional 1,100 feet
of navigable airspace along Parks Highway to the Northeast of Clear,
AK. This additional restricted area allows for a visual route following
a known landmark during normal operations. The addition of the new
restricted area lead the FAA to re-letter the restricted areas for a
more logical sequence (i.e., from low to high on the west side and then
from low to high on the east side).
The rule applies the ``1,500AGL/3NM'' restricted area exclusion for
PACL for the new restricted areas, with exceptions. The FAA approved a
limited deviation from its ``1,500AGL/3NM'' restricted area exclusion
standard, published in FAA Order JO 7400.2, paragraph 23-1-4.c., for R-
2206D and R-2206E, given the extraordinary nature of the LRDR national
defense mission required by Congressional mandate, the limited citing
options available to the USAF to achieve its mission, and FAA's ability
to identify and implement airspace safety and access mitigations at
Clear, AK.
As previously explained, the NDAA for FY 2014 required MDA to
deploy a LRDR ``at a location optimized to support the defense of the
homeland of the United States.'' Public Law 113-66; 10 U.S.C. 2431
(Dec. 26, 2013). Moreover, MDA was subsequently directed to deploy the
system by December 31, 2020. The NDAA for FY 2016 created the LRDR
program of record and required ``in a location optimized to support the
defense of the homeland of the United States from emerging long-range
ballistic missile threats from Iran.'' Public Law 114-328; 10 U.S.C.
2431 (Dec. 23, 2016). To support implementation of this mission, the
MDA narrowed the LRDR site selection from 50 possible locations to two
locations in Alaska based on evaluative criteria that included,
construction and schedule timelines in light of the NDAA mandate,
mission assurance, impacts to existing civilian and military
infrastructure, and other resource considerations. Of the two remaining
sites, only Clear AFS met all of the levied LRDR requirements. The
alternative option in Alaska, Eareckson AFS, was ruled out due to
remote geographical concerns, which added unacceptable risk to timely
and successful deployment as compared to Clear AFS. Moreover, the MDA
concluded that the Clear AFS location in Central Alaska offered
expanded engagement space necessary to fulfill the LRDR mission. This
additional engagement space affords more visibility of hostile threat
complexes and greater time to track, discriminate and target lethal
incoming objects and results in a much greater probability of
successful target intercept. The siting recommendation of Clear AFS was
approved in 2016 by the USAF and funding for LRDR at Clear AFS was
approved in the NDAA for FY17.\4\
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\4\ The FAA uploaded a graphical depiction of the restricted
areas to the docket for this rulemaking during the NPRM phase.
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The FAA emphasizes that any deviations from an FAA Order is
reserved for extraordinary circumstances. In this case, the FAA
determined that the national defense benefits of a deviation outweigh
the costs of any additional airspace safety and access mitigations to
manage the safe and efficient operation of the NAS and impacts to PACL.
The decision to deviate from FAA Order JO 7400.2 in this rulemaking
action is not binding on future determinations by the FAA concerning
whether to approve a deviation as each deviation is reviewed on a case-
by-case basis. The FAA will review any future requests on their merits,
based on the facts and circumstances available at that time and
consistent with the FAA's statutory responsibilities.
Activities Within R-2206A-G
The activity to be performed at Clear, AK, within the restricted
areas is Ballistic Missile Defense (BMD) of the United States. System
testing started in early 2021 and will continue until it is fully
integrated into the DoD BMDS. During the system testing phase, the FAA
established Title 14 Code of Federal Regulations (CFR) 99.7, special
security instructions (SSI), implemented as temporary flight
restrictions, as an interim airspace mitigation to protect aviation
from the HIRF produced by the LRDR system not covered by R-2206. LRDR
is a unique and vital component of the BMDS and will be available
continuously both as an early-warning sensor and as an enabler for more
effective employment of ground-based interceptors. The LRDR design
features high system availability and maintain-while-operate
architecture; this ensures that LRDR will be in a continual posture to
fight in response to real-word, no-notice events. LRDR also supports
additional mission areas including Space Situational Awareness and
Intelligence Data Collection.
In routine or normal defensive posture, LRDR will operate at
reduced HIRF levels within the restricted areas that provide for the
``1,500AGL/3NM'' restricted area exclusion. This will be accomplished
by enforcing main beam elevation limits in the direction of Clear
Airport to provide a minimum of 1,500 feet AGL under the portions of
restricted areas within 3 NM of the airport. Prescheduled maintenance
and calibration activities will also occur during routine or normal
posture and would require activation of the additional restricted areas
during a few periods per week for a couple of hours at a time. These
activities will be scheduled when expected air traffic
[[Page 66950]]
around Clear Airport is minimal, with scheduled times openly
distributed by Notice to Air Missions (NOTAM) and other outreach
mechanisms.
In heightened defensive posture, MDA may require use of all the
restricted areas to conduct missile defense or other activities in
response to real-world events. During these periods of heightened
defensive posture, LRDR will be activated with access to its full field
of coverage, which may necessitate activation of all restricted areas;
this provides LRDR access to the airspace for defensive actions within
3NM of Clear Airport at and above 400 feet AGL. Besides conducting
actual BMDS engagements, LRDR activities that may require temporary
activation of all restricted areas include BMDS tests, unique
intelligence collection activities such as new foreign space launches,
or critical space activities such as collision avoidance involving
manned space-flight, satellite break-ups, and satellite deorbits.
Required Coordination Between the FAA, MDA, and USSF
The FAA, MDA, and United States Space Force (USSF) currently have a
Letter of Agreement (LOA) in place setting forth the air traffic
control (ATC) procedures to use while the SSI implemented as temporary
flight restrictions are in place. The LOA establishes authorities,
responsibilities, and procedures associated with the coordination of
air ambulance flights or other contingencies required for aircraft to
fly into and out of the Clear Airport and Healy River Airport (PAHV)
during the LRDR operation.
The FAA, MDA, and USSF are currently developing a Letter of
Procedure (LOP) that will be effective when the rule goes into effect
replacing the LOA now in place for the SSI implemented as temporary
flight restrictions. This LOP will remain in place until the LRDR
system is fully integrated into the DoD's BMDS. The LOP will address
emergency or extraordinary events. The LOP will also address pre-
determined NOTAMs to handle the activation and scheduling of the three
non-continuous restricted areas (R-2206D-F). The LOP will include
procedures for handling national defense no-notice activation from
NORAD-USNORTHCOM Command Center, as well as notification times for all
other requests, to ensure a NOTAM and notifications to the surrounding
areas and aviators can take place with reasonable advance notice prior
to activation. Pre-determined actions will provide the framework for
rapid adaptation of the special use airspace to handle extraordinary
events. The LOP will also address the maintenance of the alert system
discussed below. After the LRDR system is fully integrated into the
DoD's BMDS, the FAA and the USSF will enter into a new LOP.
Impact on IFR (Instrument Flight Rules) and VFR (Visual Flight Rules)
Terminal Ops
In the NPRM, the FAA noted the R-2206 restricted areas would impact
IFR routes between Anchorage and Fairbanks, Alaska, including Jet Route
J-125, VOR Federal Airway V-436, and Area Navigation (RNAV) Route Q-41.
The FAA identified the need for mitigations altering the current
airway/route structure to revise the affected airways around the
expansion of R-2206. Subsequent to the NPRM, the FAA published a rule
for Docket No. FAA-2021-0245 in the Federal Register (87 FR 65675,
November 1, 2022) amending J-125 and V-436. The rule amended J-125 by
removing the route segment between the Anchorage, AK, VHF
Omnidirectional Range/Distance Measuring Equipment (VOR/DME) and the
Nenana, AK VOR/Tactical Air Navigation (VORTAC) navigational aids
because adjacent air traffic service routes J-115, Q-43, and Q-
41provided the same enroute capability. The rule also amended V-436 by
removing the airway segment between the Talkeetna, AK, VOR/DME and the
Nenana, AK, VORTAC navigational aids and replaced it with an airway
segment that extends between the Talkeetna VOR/DME and the Fairbanks,
AK, VORTAC which moved the airway to transition east of the R-2206
restricted areas. Lastly, Q-41 currently and after the effective date
of the rule will remain as published. However, ATC currently and after
publication will require radar surveillance in certain segments as a
mitigation due to the proximity of the route to the current SSI
implemented as temporary flight restrictions and the R-2206 restricted
areas.
Anchorage Air Route Traffic Control Center (ARTCC) published that
requirement in its Operations Bulletin and briefed all the ARTCC air
traffic controllers. With the establishment of the R-2206 restricted
areas by this rule, the radar surveillance requirement for aircraft
filing and flying the Q-41 route segment affected by the restricted
areas will be published in the Anchorage ARTCC's Standard Operating
Procedures (SOP) guidance replacing the Operation Bulletin.
As addressed in the NPRM, the FAA reviewed the USAF proposal for
impact on arrival and departure flows, Standard Terminal Arrival Route
(STAR), Standard Instrument Departure (SID), and departure procedures,
and identified a number procedures that needed to be revised to avoid
the R-2206 restricted areas. The affected SIDs at Fairbanks
International Airport were amended and published in the Flight
Information Publication (FLIP) effective August 12, 2021. The affected
STARs at Ted Stevens International Airport and the affected instrument
approach procedures and obstacle departure procedure at Healy River
Airport were amended and are being held to publish in the FLIP
effective December 29, 2022. Amendment and publication in the FLIP of
the affected SIDs, STARs, instrument approach procedures, and obstacle
departure procedure listed in the NPRM ensures the IFR and VFR terminal
operations at Fairbanks International Airport, Ted Stevens
International Airport, and Healy River Airport are unaffected by the
restricted areas.
United States Space Force
The USSF was established on December 20, 2019, when the NDAA for FY
2020 was signed into law. As part of the establishment of the USSF, the
using agency unit proposed in the NPRM, 13th Missile Warning Squadron,
transitioned from the Air Force Space Command within the USAF to the
USSF and was renamed the 13th Space Warning Squadron. The USSF will
oversee the LRDR operations at Clear AFS once the system is fully
integrated into the DoD's BMDS. Finally, on June 15, 2021, Clear AFS
was renamed to Clear Space Force Station (SFS).
Differences From the NPRM
In the NPRM published for Docket No. FAA-2020-0755, the FAA
identified an editorial error in describing the proposed altitude floor
for restricted area R-2206C. In the preamble of the NPRM, the altitude
floor for R-2206C was described incorrectly as 1,100 feet mean sea
level (MSL). The correct altitude floor for R-2206C is 1,600 feet MSL.
Although the altitude floor for R-2206C was described incorrectly in
the preamble of the NPRM, it was described correctly in the proposed
regulatory text of the NPRM as 1,600 feet MSL. Therefore, this rule
retains the R-2206C designated altitudes listed in the description in
the regulatory text as proposed.
Also in the NPRM for Docket No. FAA-2020-0755, editorial errors in
describing the proposed altitude floors for restricted areas R-2206B
and R-2206D, were identified. In the preamble of the NPRM, the altitude
[[Page 66951]]
floors were described incorrectly as 1,100 feet MSL. The correct
altitude floor for R-2206B and R-2206D is 1,000 feet MSL. Although the
altitude floors for R-2206B and R-2206D were described incorrectly in
the preamble of the NPRM, they were described correctly in the proposed
regulatory text of the NPRM as 1,000 feet MSL. Therefore, this rule
retains the R-2206B and R-2206D designated altitudes listed in the
descriptions in the regulatory text as proposed.
Lastly, in the NPRM for Docket No. FAA-2020-0755, the using agency
for the restricted area descriptions in the regulatory text was listed
as, ``Commander 13th Missile Warning Squadron, Clear, AK.'' However, as
a result of the establishment of the USSF and the renaming of the unit
to 13th Space Warning Squadron, as noted above, this rule corrects the
restricted areas using agency to Commander, 13th Space Warning
Squadron, Clear, AK.
Discussion of Comments
The FAA received eleven comments on the NPRM. Ten of the comments
were submitted by individuals and one comment was submitted by the
Alaska Airmen's Association.
The Alaska Airmen's Association and three other commenters stated
that the proposed airspace design may be too complicated based on the
FAA's interim approach of establishing Special Security Instructions
(SSI) in accordance with 14 CFR 99.7, implemented as a temporary flight
restriction, to protect aviation from the HIRF produced during the
testing phases of the LRDR. The Alaska Airmen's Association commented
that none of the third-party mapping applications are able to display
correctly a graphic depiction of the current SSI implemented as
temporary flight restrictions identified in the NOTAMs. Commenters also
noted that without the ability to precisely determine the status (i.e.,
active or inactive) of the SSI implemented as temporary flight
restrictions, it will likely cause inadvertent and repeated incursions
into the temporary flight restrictions.
The FAA acknowledged the concerns about SSI as implemented as
temporary flight restrictions and took action to address the issues
with the interim approach while developing this final rule. Two NOTAMs
were published as an interim approach to protecting aircraft during the
LRDR testing phase, one for the continuously active SSI implemented as
temporary flight restrictions, which correlate with the designation of
R-2206B, C, and G restricted areas and one for the non-continuously
active SSI implemented as temporary flight restrictions, which
correlate with designation of R-2206D-F restricted areas.
The FAA determined the source of the confusion with these NOTAMs
and lack of charted depictions came from the overlapping altitudes of
the temporary flight restrictions. The overlapping altitudes of the two
SSI implemented as temporary flight restrictions caused errors in the
shape files that resulted in the graphical depictions of the flight
restricted areas not being displayed on the FAA's Temporary Flight
Restriction (TFR) website or third part charting applications. The FAA
adjusted the overlapping altitudes of the SSI implemented as temporary
flight restrictions and republished the NOTAMs with the changed
altitudes on May 7, 2021. As a result, the FAA's TFR website and all
third-party charting applications were able to display the SSI
implemented as temporary flight restrictions correctly. Pilots have
been able to better familiarize themselves with the SSI temporary
flight restrictions since May 2021.
The concerns associated with the SSI as implemented as temporary
flight restrictions graphical depictions not displaying properly will
not carry forward with the establishment of the new restricted areas R-
2206A-G pursuant to Part 73. The restricted areas will be depicted
correctly on the associated aeronautical charts following the effective
date of this rule.
Five individual commenters expressed concerns that the proposed
restricted areas (R-2206A-G) would lead to the closure of PACL and
remove the ability to navigate under visual flight rules (VFR) via the
Parks Highway (Alaska Highway 3) when the restricted areas are
active.\5\
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\5\ The agency notes that one additional individual commenter
simply expressed that adopting the proposal would make life a lot
harder for pilots conducting VFR operations, with no further
explanation.
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The FAA previously considered this issue and addressed the concern
in a Letter of Agreement (LOA) \6\ between the FAA, MDA, and USSF. The
procedures in the LOA requires MDA to halt its activities to allow for
flights to access PACL. With the establishment of the restricted areas
by this rule, the FAA, MDA, and USSF will establish a Letter of
Procedure (LOP) to reflect the restricted areas airspace instead of the
SSI implemented as temporary flight restrictions. To further mitigate
impacts, the low-altitude restricted areas R-2206D-F will only be
utilized for testing between 0200-0400 Tuesday, Thursday, and Saturday
to support scheduled calibration. Outside of the scheduled times for
testing, the FAA anticipates that the airspace would likely only be
activated in the interest of the national defense of the United States
as a result of a real world event. When the restricted areas are not
active, pilots can land and depart PACL unrestricted.
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\6\ In the NPRM, the FAA referenced a Letter of Procedure being
in place prior to the final rule. However, the proper term is Letter
of Agreement.
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Also, in response to comments received during the FAA Safety Risk
Management Panel (SRMP) requesting increased navigable airspace
surrounding Parks Highway, the FAA, MDA, and USAF collaborated on the
development of R-2206F and the FAA added R-2206F to the proposal. R-
2206F allows VFR navigation via the Parks Highway without impacting the
overall design of the restricted areas. Finally, the short activation
times for R-2206F will further mitigate and minimize impacts to pilots
conducting such VFR operations, navigating via the Parks Highway.
Two individual commenters expressed their concerns that instrument
flight rules (IFR) procedures into Healy River Airport (HRR) will be
eliminated. The FAA retained the IFR procedures into HRR and kept them
available for use, as needed. The FAA also developed an interim
procedure, in collaboration with the MDA, which allows for activities
occurring within the SSI implemented as temporary flight restrictions
to be temporarily halted, as necessary, to enable IFR flights into HRR.
Finally, the FAA developed new, permanent HRR approach and departure
procedures that will not be affected by the R-2206A-G restricted areas
once they are established. The new HRR IFR approach and departure
procedures are planned to be published in the FLIP concurrent with the
effective date of this rule establishing the R-2206 restricted areas.
The Alaska Airmen's Association expressed concerns that when the
LRDR becomes operational, R-2206D-F could go active without warning,
for a real world event. They further cited the MDA stating that for
reasons of operational security, there can be no prior notification for
activating the lower zones.
At the time that the NPRM published, neither the FAA nor MDA had a
mechanism in place to notify pilots when R-2206D-F activate outside of
prescheduled periods. The communications coverage for real-time
notifications by air traffic control near the Clear LRDR and PACL
airport was deficient. Anchorage ARTCC has no
[[Page 66952]]
communications coverage and the local Flight Service Station's
communications was intermittent. As such, without other communications
measures in place, there was an unacceptable risk for airspace users
flying near the LRDR area, entering the low-altitude restricted
airspace in R-2206D-F while it was active. Accordingly, to overcome
this problem, the FAA, again, in collaboration with the MDA,
implemented an actionable and timely notification system that is
currently operational. The system includes a dedicated frequency
(133.25 VHF) and a visual warning light with daytime and nighttime
patterns. The dedicated frequency continually broadcasts a message to
aviators on the status of the SSI implemented as temporary flight
restrictions currently and will for the restricted areas established by
this rule. The transmission is audible from the PACL for aircraft
holding short of all runway entry points; the PACL north ramp for
helicopter operations by the Bureau of Land Management; while flying
northbound from Healy River Airport (PAHV) over the city of Ferry, AK;
and while flying southbound from Nenana Airport (PANN) along the Parks
Highway. The visual warning light is visible, day and night, while
flying southbound from PANN airport between 1,000 feet and 2,600 feet
AGL and along the Parks Highway. It is also visible while flying toward
PACL between 500 feet and 1,500 feet AGL at 4 NM from headings of
090[deg], 120[deg], and 180[deg]; and while flying towards PACL between
500 feet and 1,500 feet AGL at 5.1 NM and 7.3 NM, respectively, from a
heading of 360[deg]. The warning light is not visible from the surface;
however, aircraft on the ground are encouraged to use the dedicated
frequency, 133.25 VHF, for restricted area status updates.
Additionally, the Alaska Department of Transportation installed 4 signs
on PACL at each of the 3 runway hold short lines and 1 at the north
ramp, where helicopters depart, to notify pilots, prior to departure,
of the dedicated alerting frequency that is broadcasting the SSI
implemented as temporary flight restrictions status currently and the
restricted areas established by this rule status as further
encouragement.
The Rule
This action amends 14 CFR part 73 by renaming R-2206 to R-2206A and
establishing 6 new restricted areas R-2206B, R-2206C, R-2206D, R-2206E,
R-2206F, and R-2206G, over the Clear SFS at Clear, AK. The FAA has
determined that the action is necessary to protect aircraft from the
hazardous HIRF produced by the MDA's LRDR and segregate non-
participating aircraft. Full legal descriptions of the restricted areas
are contained in ``The Amendment'' section as set forth below.
R-2206A: R-2206 is amended by renaming it R-2206A. There is no
change to the boundaries as established under R-2206. The designated
altitudes extend upward from the surface to 8,800 feet MSL. R-2206A is
active continuously.
R-2206B: R-2206B is established west of PACL, fanning clockwise
from the southwest to the northwest, excluding the portion within R-
2206A, with the eastern boundary located 3 NM west of PACL. The
designated altitudes extend upward from 1,000 feet MSL to, but not
including 1,600 feet MSL. R-2206B is active continuously.
R-2206C: R-2206C is established west of PACL, fanning clockwise
from the southwest to the northwest, excluding the portion within R-
2206A, with the eastern boundary located 3 NM west of PACL. The
designated altitudes extend upward from 1,600 feet MSL to 32,000 feet
MSL. R-2206C is active continuously.
R-2206D: R-2206D is established northwest of PACL, fanning
clockwise from the northwest to north, excluding the portion within R-
2206A, with the eastern boundary located \1/2\ NM west of PACL. The
designated altitudes extend upward from 1,000 feet MSL to, but not
including 1,600 feet MSL. R-2206D activation times are 0200-0400 local
time, Tuesday, Thursday, and Saturday; other times by NOTAM.
R-2206E: R-2206E is established north of PACL, fanning clockwise
from the northwest to the northeast, excluding the portion within R-
2206A, with the eastern boundary located \1/2\ NM west of PACL. The
designated altitudes extend upward from 1,600 feet MSL to, but not
including 2,100 feet MSL. R-2206E activation times are 0200-0400 local
time, Tuesday, Thursday, and Saturday; other times by NOTAM.
R-2206F: R-2206F is established northeast of PACL, enabling VFR
aircraft to transition along Alaska Highway 3 (the Parks Highway) with
the southern boundary located 3 NM north of PACL. The designated
altitudes extend upward from 2,100 feet MSL to 3,200 feet MSL. R-2206F
activation times are 0200-0400 local time, Tuesday, Thursday, and
Saturday; other times by NOTAM.
R-2206G: R-2206G is established north of PACL, fanning clockwise
from the northwest to the northeast, excluding the portions within R-
2206A and R-2206F, with the eastern boundary located \1/2\ NM west of
PACL. The designated altitudes extend upward from 2,100 feet MSL to
32,000 feet MSL. R-2206G is active continuously.
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 rulemaking action of renaming
restricted area R-2206 to R-2206A and establishing six new restricted
areas R-2206B, R-2206C, R-2206D, R-2206E, R-2206F, and R-2206G, over
Clear, AK qualifies for categorical exclusion under the National
Environmental Policy Act (42 U.S.C. 4321 et seq.) and its implementing
regulations at 40 CFR part 1500, and in accordance with FAA Order
1050.1F, Environmental Impacts: Policies and Procedures, paragraph 5-
6.5a, which categorically excludes from further environmental impact
review rulemaking actions that designate or modify classes of airspace
areas, airways, routes, and reporting points (see 14 CFR part 71,
Designation of Class A, B, C, D, and E Airspace Areas; Air Traffic
Service Routes; and Reporting Points). As such, this rulemaking action
is not expected to cause or result in any potentially significant
environmental impacts. In accordance with FAA Order 1050.1F, paragraph
5-2 regarding Extraordinary Circumstances, the FAA has reviewed this
rulemaking action for factors and circumstances in which a normally
categorically excluded action may have a significant environmental
impact requiring further analysis, and has determined that no
extraordinary circumstances exist warranting preparation of an
environmental assessment or environmental impact study.
On May 7, 2021, the MDA, as the lead agency, announced the
availability of its
[[Page 66953]]
Final Environmental Impact Statement (EIS) for the Long Range
Discrimination Radar (LRDR) located at Clear Air Force Station (CAFS),
Alaska. 86 FR 24599-24600. The FAA and the Department of the Air Force
(DAF) are cooperating agencies to the Final EIS. The MDA's EIS analyzed
the operational impacts of the LRDR, including airspace restrictions
necessary to ensure that aircraft would not encounter high intensity
radiation fields (HIRF) resulting from the LRDR operations that exceed
FAA's HIRF certification standards for aircraft electrical and
electronic systems. The proposed airspace restrictions include
expansion of the existing restricted area (R-2206) at CAFS by adding
six new restricted areas. The preferred alternative is to operate the
LRDR continuously under the changed operational concept and to
implement the associated proposed airspace restrictions as described in
the Proposed Action analyzed in the Final EIS.
On June 24, 2021, the MDA as lead agency, with the DAF as a
cooperating agency, issued a joint Record of Decision (ROD) to
implement changes in operational concept for the LRDR at CAFS, Alaska.
86 FR 33240. The ROD includes modification of the LRDR operational
requirements and procedures to reflect continuous operations in
response to emerging threats. The action enables the MDA to meet its
congressional mandate to fully support the primary mission of the
layered Missile Defense System (MDS) to provide continuous and precise
tracking and discrimination of long-range missile threats launched
against the United States. The FAA is a cooperating agency on the LRDR
CAFS EIS because it has special expertise and jurisdiction by law,
pursuant to 49 U.S.C. 40101 et seq., for aviation and regulation of air
commerce in the interests of aviation safety and efficiency. The MDA
requested that the FAA, as a cooperating agency, consider and adopt, in
whole or in part, the Final EIS as the required NEPA documentation to
support FAA decisions on the establishment of restricted areas. The
airspace associated with the proposed action and alternative lies
within the jurisdiction of the FAA Anchorage Air Route Traffic Control
Center. FAA established 6 new restricted areas and made related changes
in airspace management.
On July 6, 2021, the FAA adopted the airspace portion of the MDA's
EIS per FAA's policy for Adoption of Other Agencies' NEPA Documents in
FAA Order 1050.1F, Paragraph 8-2. On August 23, 2021, the FAA issued a
Notice of Availability for its adoption of MDA's Final EIS for LRDR
Operations, Clear Air Force Station, Alaska (CAFS), and Record of
Decision for FAA actions to accommodate testing and operation of the
LRDR at CAFS under the MDA's Modified Operational Concept; Adoption of
the Missile Defense Agency's Final Environmental Impact Statement for
Long Range Discrimination Radar (LRDR) Operations, Clear Air Force
Station, Alaska (CAFS), and Record of Decision for Federal Aviation
Administration Actions to Accommodate Testing and Operation of the LRDR
at CAFS under the Missile Defense Agency's Modified Operational
Concept, which addresses the FAA's decision to establish additional
restricted areas to protect aviation from HIRF generated during the
LRDR testing and operation, implement temporary flight restrictions
until the restricted areas are in effect, and make changes to federal
airways and instrument flight procedures to accommodate the new
restricted areas (86 FR 47195, August 23, 2021).
Lists of Subjects in 14 CFR Part 73
Airspace, Prohibited areas, Restricted areas.
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 14 CFR 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 [Amended]
0
2. Section 73.22 is amended as follows:
* * * * *
R-2206 Clear, AK [Removed]
R-2206A Clear, AK [New]
Boundaries. Beginning at lat. 64[deg]19'44'' N, long.
149[deg]15'42'' W; to lat. 64[deg]19'44'' N, long. 149[deg]10'18''
W; thence south, 100 feet west of and parallel to the Alaska
Railroad to lat. 64[deg]16'17'' N, long. 149[deg]10'14'' W; to lat.
64[deg]16'17'' N, long. 149[deg]15'42'' W; to the point of
beginning.
Designated Altitudes. Surface to 8,800 feet MSL.
Time of designation. Continuous.
Controlling agency. FAA, Anchorage ARTCC.
Using agency. Commander 13th Space Warning Squadron, Clear, AK.
R-2206B Clear, AK [New]
Boundaries. Beginning at lat. 64[deg]20'13'' N, long.
149[deg]13'12'' W; to lat. 64[deg]17'20'' N, long. 149[deg]11'25''
W; to lat. 64[deg]14'31'' N, long. 149[deg]13'43'' W; thence
clockwise along a 3.0 NM arc radius centered at lat. 64[deg]17'20''
N, long. 149[deg]11'25'' W; thence to the point of beginning;
excluding that portion wholly contained in R-2206A.
Designated Altitudes. 1,000 feet MSL to, but not including
1,600' MSL.
Time of designation. Continuous.
Controlling agency. FAA, Anchorage ARTCC.
Using agency. Commander 13th Space Warning Squadron, Clear, AK.
R-2206C Clear, AK [New]
Boundaries. Beginning at lat. 64[deg]19'27'' N, long.
149[deg]20'22'' W; thence clockwise along a 4.0 NM arc radius
centered at lat. 64[deg]20'22'' N, long. 149[deg]11'25'' W; to lat.
64[deg]23'56'' N, long. 149[deg]15'30'' W; to lat. 64[deg]17'20'' N,
long. 149[deg]11'25'' W; to lat. 64[deg]14'10'' N, long.
149[deg]14'01'' W; thence along a 3.0 NM arc radius centered at lat.
64[deg]16'55'' N, long. 149[deg]16'41'' W; to the point of
beginning; excluding that portion wholly contained in R-2206A.
Designated Altitudes. 1,600 feet MSL to 32,000 feet MSL.
Time of designation. Continuous.
Controlling agency. FAA, Anchorage ARTCC.
Using agency. Commander 13th Space Warning Squadron, Clear, AK.
R-2206D Clear, AK [New]
Boundaries. Beginning at lat. 64[deg]20'13'' N, long.
149[deg]13'12'' W; thence clockwise along a 3.0 NM arc radius
centered at lat. 64[deg]17'20'' N, long. 149[deg]11'25'' W; to lat.
64[deg]18'47'' N, long. 149[deg]05'23'' W; to lat. 64[deg]17'20'' N,
long. 149[deg]11'25'' W; thence to point of beginning; excluding
that portion wholly contained in R-2206A.
Designated Altitudes. 1,000 feet MSL to but not including 1,600
feet MSL.
Time of designation. 0200-0400 local time, Tuesday, Thursday and
Saturday; other times by NOTAM.
Controlling agency. FAA, Anchorage ARTCC.
Using agency. Commander 13th Space Warning Squadron, Clear, AK.
R-2206E Clear, AK [New]
Boundaries. Beginning at lat. 64[deg]23'56'' N, long.
149[deg]15'30'' W; thence clockwise along a 4.0 NM arc radius
centered at lat. 64[deg]20'22'' N, long. 149[deg]11'25'' W; to lat.
64[deg]19'29'' N, long. 149[deg]02'27'' W; to lat. 64[deg]17'20'' N,
long. 149[deg]11'25'' W; thence to point of beginning; excluding
that portion wholly contained in R-2206A.
Designated Altitudes. 1,600 feet MSL to but not including 2,100
feet MSL.
Time of designation. 0200-0400 local time, Tuesday, Thursday and
Saturday; other times by NOTAM.
Controlling agency. FAA, Anchorage ARTCC.
Using agency. Commander 13th Space Warning Squadron, Clear, AK.
R-2206F Clear, AK [New]
Boundaries. Beginning at lat. 64[deg]22'07'' N, long.
149[deg]03'09'' W; thence clockwise along the 4.0 NM arc radius
centered at lat. 64[deg]20'22'' N, long. 149[deg]11'25'' W; to lat.
[[Page 66954]]
64[deg]19'29'' N, long. 149[deg]02'27'' W; to lat. 64[deg]19'19'' N,
long. 149[deg]03'07'' W; to lat. 64[deg]19'36'' N, long.
149[deg]03'18'' W; thence north, along a path \1/2\ NM west of
Highway 3, Parks Highway; to lat. 64[deg]21'42'' N, long.
149[deg]03'37'' W; to the point of beginning;
Designated Altitudes. 2,100 feet MSL to 3,200 feet MSL.
Time of designation. 0200-0400 local time, Tuesday, Thursday and
Saturday; other times by NOTAM.
Controlling agency. FAA, Anchorage ARTCC.
Using agency. Commander 13th Space Warning Squadron, Clear, AK.
R-2206G Clear, AK [New]
Boundaries. Beginning at lat. 64[deg]23'56'' N, long.
149[deg]15'30'' W; thence clockwise along a 4.0 NM arc radius
centered at lat. 64[deg]20'22'' N, long. 149[deg]11'25'' W; to lat.
64[deg]19'29'' N, long. 149[deg]02'27'' W; to lat. 64[deg]17'20'' N,
long. 149[deg]11'25'' W; thence to point of beginning; excluding;
(1) that portion wholly contained in R-2206A; (2) that portion
wholly contained in R-2206F.
Designated Altitudes. 2,100 feet MSL to 32,000 feet MSL.
Time of designation. Continuous.
Controlling agency. FAA, Anchorage ARTCC.
Using agency. Commander 13th Space Warning Squadron, Clear, AK.
* * * * *
Issued in Washington, DC, on November 2, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-24242 Filed 11-3-22; 11:15 am]
BILLING CODE 4910-13-P
