```

[Federal Register Volume 77, Number 119 (Wednesday, June 20, 2012)]
[Rules and Regulations]
[Pages 36907-36914]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15008]

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Rules and Regulations
                                                Federal Register
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having general applicability and legal effect, most of which are keyed 
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Federal Register / Vol. 77, No. 119 / Wednesday, June 20, 2012 / 
Rules and Regulations

[[Page 36907]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2011-0117; Airspace Docket No. 09-AGL-31]

Establishment of Restricted Areas R-5402, R-5403A, R-5403B, R-
5403C, R-5403D, R-5403E, and R-5403F; Devils Lake, ND

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes restricted area airspace within the 
Devils Lake Military Operations Area (MOA), overlying Camp Grafton 
Range, in the vicinity of Devils Lake, ND. The new restricted areas 
permit realistic training in modern tactics to be conducted at Camp 
Grafton Range while ensuring the safe and efficient use of the National 
Airspace System (NAS) in the Devils Lake, ND, area. Unlike restricted 
areas which are designated under Title 14 Code of Federal Regulations 
(14 CFR) part 73, MOAs are not regulatory airspace. However, since the 
restricted areas overlap the Devils Lake East MOA, the FAA is including 
a description of the Devils Lake East MOA change in this rule. The MOA 
change described herein will be published in the National Flight Data 
Digest (NFDD).

DATES: Effective Dates: Effective date 0901 UTC, July 26, 2012.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace, Regulations 
and ATC Procedures Group, Office of Airspace Services, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591; 
telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION: 

History

    On November 28, 2011, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) to establish Restricted Areas R-
5402, R-5403A, R-5403B, R-5403C, R-5403D, R-5403E, and R-5403F in the 
vicinity of Devils Lake, ND (76 FR 72869). Interested parties were 
invited to participate in this rulemaking effort by submitting written 
comments on the proposal. In response to public request, the FAA 
extended the comment period for 30 additional days (77 FR 1656; January 
11, 2012). There were 43 comments received in response to the NPRM with 
42 opposing various aspects of the proposal and one comment supporting 
the proposal as published. All comments received were considered before 
making a determination on this final rule. The following is a 
discussion of the substantive comments received and the agency's 
response.

Discussion of Comments

    One commenter contended that the 500 feet above ground level (AGL) 
base for R-5402 would impact low level, aerial operations such as crop 
dusters, wildlife and agricultural surveys, and emergency medical 
access. The FAA recognizes that when active, R-5402 would restrict 
nonparticipating aircraft from operating within its boundaries. To 
mitigate impacts to the aviation activities described above, the United 
States Air Force (USAF) has agreed to implement scheduling coordination 
measures to de-conflict laser operations and accommodate access by 
local farming, ranching, survey, and medical aviation interests when 
they need to fly in or through R-5402, when it is active.
    Another commenter noted that VFR traffic would have to 
circumnavigate active restricted airspace resulting in increased time 
and distances flown. The FAA acknowledges restricted area airspace 
segregates nonparticipating aircraft from hazardous activities 
occurring inside the restricted area and that, on occasion, 
nonparticipating aircraft affected by the restricted area will have to 
deviate from preferred routings to remain clear. The lateral boundaries 
and altitudes of the restricted area complex were defined to minimize 
impacts to nonparticipant aircraft, yet still support the military in 
accomplishing its training mission. The subdivided configuration of the 
restricted area complex, the altitude stratifications, and the entire 
restricted area complex designated as ``joint use,'' affords 
nonparticipant aircraft access to the portions of restricted area 
airspace not in use by the military to the greatest extent possible.
    One commenter expressed concern that segregating airspace for new 
types of aircraft sets a dangerous precedent. The FAA agrees and 
maintains its policy to establish restricted area airspace when 
determined necessary to confine or segregate activities considered 
hazardous to nonparticipating aircraft. The FAA considers UAS 
operations to be non-hazardous. However, the FAA recognizes that some 
UAS platforms have the ability to employ hazardous ordnance or sensors. 
Since the MQ-1 Predator [UAS] laser is non-eye safe and will be used 
during training sorties flown by the military, its use constitutes a 
hazardous activity that must be confined within restricted area 
airspace to protect nonparticipating aircraft.
    Two commenters suggested that Special Use Airspace (SUA) should be 
ceded back to civil control when not in use. The FAA proposed that the 
restricted areas be designated as ``joint use'' airspace, specifically 
to afford the highest level of access to NAS users and limit this 
access only when necessary. This rule provides that when the restricted 
areas are not needed by the using agency, the airspace will be returned 
to the controlling agency, Minneapolis Air Route Traffic Control 
Center, for access by other NAS users.
    Another commenter recommended that the proposed restricted area 
airspace be developed for concurrent use. The FAA considered the 
commenters use of ``concurrent use'' to mean ``sharing the same 
airspace, at the same time, between participating and nonparticipating 
aircraft.'' As noted previously, restricted areas are established to 
confine or segregate activities considered hazardous to 
nonparticipating aircraft; such as dropping bombs, firing guns/
missiles/rockets, or lasing with a non-eye safe laser. Concurrent use, 
as described above, would not be prudent in such an environment as it 
constitutes an unacceptable risk to nonparticipating aircraft.
    Twenty-two commenters stated that the proposed restricted areas 
should

[[Page 36908]]

have been developed in conjunction with the North Dakota Airspace 
Integration Team (NDAIT), a group formed to find solutions to UAS 
integration into the NAS, as well as coordinate UAS activities state-
wide. To clarify, the focus of this proposed action is consideration of 
establishing restricted areas to support hazardous military training 
activities, not UAS integration into the NAS. The FAA notes that the 
NDAIT was not established until after the USAF airspace proposal was 
submitted to the FAA and many of the NDAIT members took the opportunity 
to submit comments on the proposal.
    One commenter stated that the proposed airspace should be 
environmentally assessed for the broad array of military aircraft that 
would be expected to employ in conjunction with UAS. The FAA agrees and 
has confirmed that the Environmental Impact Statement for the bed down 
of the MQ-1 Predator at Grand Forks Air Force Base (AFB) addresses 
other aircraft that would likely train with the UAS in the proposed 
restricted area airspace complex.
    Another commenter stated that the proposed restricted area airspace 
would eventually be activated almost full time as is the current 
Temporary Flight Restriction (TFR) over Grand Forks AFB. The TFR 
referred to by the commenter is contained in the Special Security 
Instruction authorized under 14 CFR 99.7 for Customs and Border 
Protection (CBP) UAS operations conducted from Grand Forks AFB. 
Although the TFR is active while the CBP UAS is flying, it allows 
airspace access by non-participant aircraft using procedural separation 
rules. The restricted areas proposed by this action are being 
established with specific times of designation, to support the 
hazardous non-eye safe laser training conducted by the USAF. The times 
are described by ``core hours'' and also may be activated by NOTAM to 
allow for training periods outside the core hours, i.e. at night.
    Twenty commenters argued that the proposal is contrary to FAA 
policy, in that it is designed for the sole purpose of separating non-
hazardous types of VFR aircraft. The FAA has established this 
restricted area airspace to confine the MQ-1 Predator employment of a 
non-eye safe targeting laser, which is hazardous to nonparticipating 
pilots. This laser training for UAS pilots must be contained in 
restricted areas to confine the hazardous activity, as well as protect 
non-participating aircraft flying in the vicinity of the restricted 
areas. Even though the Predator operations in the restricted areas will 
normally occur in Visual Meteorological Conditions (VMC), the UAS will 
be on an IFR flight plan in accordance with U.S. Air Force 
requirements.
    Two commenters requested that the FAA establish a formal, annual 
review process and public report on the use and impacts of any 
designated airspace associated with UAS activity in Grand Forks, ND. 
The request to establish a formal annual review process with public 
reporting on use and impacts falls outside the scope of this proposed 
action. However, the FAA has a Restricted Area Annual Utilization 
reporting program already established to assist the FAA in managing 
special use airspace areas established throughout the NAS. These annual 
utilization reports provide objective information regarding the types 
of activities being conducted, as well as the times scheduled, 
activated, and actual use, which the FAA uses to assess the appropriate 
use of the restricted areas.
    Nineteen commenters recommended that proposed restricted airspace 
have a ``sunset'' date. The restricted areas are established to confine 
hazardous non-eye safe laser training, which will continue as long as 
the Predator UAS are operating from Grand Forks AFB. Technology 
developments to integrate UAS into the NAS with manned aircraft, as 
well as military Tactics, Techniques and Procedures (TTP) maturation 
may provide an opportunity to reconfigure the restricted area airspace 
at a future date, but the requirement for restricted area airspace will 
exist as long as the non-eye safe laser training is conducted.
    One commenter recommended a requirement for equipping the UAS with 
forward viewing sensors that would enable the UAS to comply with 14 CFR 
part 91 see-and-avoid rules. While the FAA is working with the industry 
to develop see-and-avoid solutions for the safe and eventual seamless 
integration of UAS into the NAS, this suggestion is outside the scope 
of this action.
    One commenter asked that the proposal be tabled until the FAA 
publishes its final Order/Advisory Circular regarding UAS operations in 
the NAS. The Order/Advisory Circular address the integration of UAS in 
the NAS, which is separate from the action of establishing restricted 
area airspace to confine hazardous non-eye safe laser training 
activities. This action is necessary to support the military's training 
requirement beginning this summer. The FAA is completing this airspace 
action separate from its UAS NAS integration guidance development 
efforts.
    Several commenters recommended that instead of creating new SUA for 
these activities that the USAF use existing restricted areas or the 
airspace subject to flight restrictions under Sec.  99.7 SSI and used 
by the Customs & Border Protection Agency (CBP) at Grand Forks AFB. The 
FAA advocates the use of existing SUA and requires proponents to 
examine all reasonable alternatives, prior to considering the need to 
establish new SUA. In this case, the USAF conducted an extensive 
analysis of alternatives and considered criteria including proximity to 
Grand Forks AFB, existence of a suitable air-to-ground range for laser 
targeting, and air traffic density both en route and at the training 
complex. The Beaver MOA in north central Minnesota is approximately 
three times as far as the proposed airspace, has much heavier air 
traffic density, and has no air-to-ground gunnery range. The Tiger MOAs 
in north central North Dakota are the same distance as the proposed 
airspace, have favorable air traffic density, but have no air-to-ground 
gunnery range. The airspace in the vicinity of the existing CBP Sec.  
99.7 SSI flight restriction would be closer, but has much higher 
traffic density and complexity, and has no air-to-ground range. 
Additionally, there were no useable restricted areas within reasonable 
distance of Grand Forks AFB for consideration. The FAA believes the 
USAF considered and analyzed the alternatives to this action and that 
establishing new SUA is the only reasonable option.
    One commenter suggested that the restricted area complex be moved 
north of Devils Lake. The FAA notes that the USAF studied an 
alternative of establishing restricted areas in the Tiger North and 
Tiger South MOAs, located north of Devils Lake, ND. While proximity to 
Grand Forks AFB and the air traffic density compared favorably to the 
proposed airspace area, the lack of an air-to-ground gunnery range 
suitable for hazardous laser training made this option operationally 
unfeasible. The FAA accepted the USAF's consideration and analysis of 
this alternative and proposed establishing the restricted areas set 
forth in this action.
    One commenter recommended that the proposed airspace be moved to 
another state as it would impact flying training in the vicinity of 
Grand Forks. This airspace proposal resulted from Congress' Base 
Realignment and Closure Commission of 2005 decision to retain Grand 
Forks Air Force Base in North Dakota for an emerging UAS mission. As 
addressed previously, Beaver MOA in north central Minnesota is the 
nearest SUA outside of North Dakota. It was approximately three times 
the distance from Grand Forks AFB, has much higher

[[Page 36909]]

air traffic density airspace, and has no air-to-ground gunnery range 
for hazardous laser training. The FAA recognizes the proposed 
restricted areas could impact civil flight training, largely conducted 
by the University of North Dakota and east of the proposed complex. 
Additionally, nearly all civil flight training activity that currently 
occurs in the vicinity of the restricted areas would take place below 
the proposed R-5403 footprint. Whereas the floor of R-5402 goes down to 
500 feet above ground level (AGL), its cylinder footprint was reduced 
to a 7 NM radius around R-5401 and the Camp Grafton Range to mitigate 
impacts to these civil operations. This airspace action provides a 
reasonable balance between military training requirements and 
accommodation of non-participant flight training.
    Three commenters stated that the vast size of the restricted area 
complex is not necessary. The restricted areas being established by 
this action provide the minimum vertical and lateral tactical 
maneuvering airspace required for UAS operators to accomplish target 
acquisition prior to attack, and then contain the non-eye safe laser 
during firing. The restricted area complex was configured to confine 
two UAS operating on independent mission profiles at the same time, 
while minimizing airspace impacts to non-participating aircraft. As the 
UAS training flight transitions from one phase of the mission profiles 
to another, unused segments will be deactivated and returned to the NAS 
consistent with the FAA's Joint Use Airspace policy. The subdivided and 
stratified configuration of the restricted area complex enables the 
USAF to only activate the restricted areas needed for their training 
sorties while leaving the rest of the complex inactive and available 
for NAS users. The FAA believes the segmentation and stratification of 
the complex will enhance civil access to those parts of the complex not 
activated for USAF training requirements. Actual procedures for 
restricted area activation and deactivation will be defined in a Letter 
of Procedure between the using and controlling agencies.
    Two commenters asked if the USAF could find a less cluttered area 
with more suitable weather for MQ-1 Predator operations. The FAA 
acknowledges that weather challenges will exist for the MQ-1 Predator 
operations at Grand Forks AFB. The decision to base Predator UAS at 
Grand Forks AFB, however, was mandated by Congress. The restricted 
areas proposed by this action were situated and proposed in the only 
location that met the USAF's operational requirements of proximity to 
launch/recovery base, low air traffic density, and availability of an 
existing air-to-ground gunnery range suitable for the hazardous non-eye 
safe laser training activities.
    One commenter contended that Alert Areas are more appropriate for 
UAS training activity. Alert Areas are designated to inform 
nonparticipating pilots of areas that contain a high volume of pilot 
training operations, or an unusual type of aeronautical activity, that 
they might not otherwise expect to encounter. However, only those 
activities that do not pose a hazard to other aircraft may be conducted 
in an Alert Area. Since employment of the non-eye safe laser carried by 
the MQ-1 Predator UAS is an activity hazardous to non-participants, an 
Alert Area is not an appropriate airspace solution.
    Two commenters stated that the Air Force is proposing restricted 
areas as a means to mitigate for lack of see-and-avoid capability for 
UAS operations. They noted, correctly, that the Air Force could use 
ground-based or airborne assets to provide see-and-avoid compliance 
instead. FAA policy dictates that restricted areas are established to 
confine activities considered hazardous to non-participating aircraft. 
As mentioned previously, the focus of this action is establishing 
restricted areas to support hazardous military training activities, not 
UAS integration into the NAS. As such, the FAA does not support 
establishing restricted areas as a solution to overcome UAS inability 
to comply with 14 CFR Part 91 see-and-avoid requirements. The FAA is 
establishing the restricted areas addressed in this action to confine 
the hazardous non-eye safe laser training activities conducted by the 
USAF.
    One commenter stated that new restricted airspace should be offset 
by reallocation of unused SUA elsewhere in the NAS. The proposed 
restricted areas fall almost entirely within the existing Devils Lake 
East MOA. When activated, the new restricted areas will be, in effect, 
replacing existing SUA. Although the regulatory and non-regulatory 
process for establishing SUA is not directly linked to the restricted 
area and MOA annual utilization reporting process, the FAA does review 
restricted area and MOA utilization annually. If candidate SUA areas 
are identified, the FAA works with the military service to 
appropriately return that airspace to the NAS.
    Seventeen commenters stated that Predator pilots can get the same 
training through simulation. The FAA cannot determine for the USAF the 
value of simulated UAS operator training over actual flying activities. 
The USAF is heavily investing in Live, Virtual, and Constructive (LVC) 
training options. As the commenters infer, the migration to a virtual 
training environment would be expected to reduce the demand for 
activating R-5402 and R-5403A-F. However, actual employment of the non-
eye safe laser will still be required for both training proficiency and 
equipment validation. This action balances the training airspace 
requirements identified by the USAF as it matures its UAS capabilities 
with the airspace access requirements of other NAS users.
    Twenty commenters addressed the increased collision hazard due to 
air traffic compression at lower altitudes and around the periphery of 
the proposed complex. The FAA recognizes that compression could occur 
when the restricted areas are active; however, the actual impact will 
be minimal. The FAA produced traffic counts for the 5 busiest summer 
days and 5 busiest winter days of 2011 during the proposed times of 
designation (0700-2200L) from 8,000 feet MSL to 14,000 feet MSL. Totals 
for all IFR and known VFR aircraft ranged between 4 and 22 aircraft 
over the 17-hour span. Volumes such as this are easily managed by 
standard ATC procedures. To enhance non-radar service in the far 
western part of the proposed complex, the FAA is considering a separate 
rulemaking action to modify V-170 so that it will remain clear of R-
5402 to the west. On average, four aircraft file V-170 over a 24-hour 
day. Lastly, the FAA is nearing completion of a project to add three 
terminal radar feeds, from Bismarck, Fargo, and Minot AFB, covering the 
restricted area airspace area into Minneapolis ARTCC. These feeds will 
improve low altitude radar surveillance and enhance flight safety 
around the proposed restricted areas.
    One commenter argued that the proposed airspace should be limited 
to daylight hours only. While daytime flying is usually safer in a 
visual see-and-avoid environment; when it comes to the military 
training for combat operations, darkness provides a significant 
tactical advantage and UAS must be capable of operating both day and 
night. While the USAF has a valid and recurring requirement to train 
during hours of darkness, the USAF was able to accept a 2-hour 
reduction in the published times of designation core hours from ``0700-
2200 daily, by NOTAM 6 hours in advance,'' to ``0700-2000 daily, by 
NOTAM 6 hours in advance.''

[[Page 36910]]

    Another commenter sought details on the UAS lost link plan. 
Although the lost link plan is not within the scope of this action, the 
FAA does require detailed procedures for UAS lost link situations for 
all UAS operations. These procedures will be similar to those in place 
today for UAS operations across the NAS. The servicing ATC facility and 
UAS operators closely coordinate lost link procedures and will 
incorporate them into the implementing Letters of Procedure (LOP) for 
the restricted areas established in this rule.
    Two commenters commented that the proposed restricted area complex 
stratification and segmentation was confusing and would lead to SUA 
airspace incursions. The FAA promotes stratifications and segmentation 
of large SUA complexes to maximize the safety and efficiency of the NAS 
and to enable more joint use opportunities to access the same airspace 
by non-participating aircraft. Sub-dividing the complex permits 
activation of a small percentage of the overall complex at any one time 
while still providing for a diverse set of training profiles during UAS 
sorties, which is especially well-suited for long duration UAS training 
missions. Additionally, enhanced joint use access eases compression of 
air traffic in the local area; thus, increasing flight safety.
    Nineteen commenters noted that UAS will not be able to see-and-
avoid large flocks of birds using migratory flyways, which could create 
a hazard for personnel on the ground. Both Grand Forks AFB and the 
University of North Dakota flight school, located at the Grand Forks 
International Airport, have conducted extensive research into bird 
strike potential and prevention. Their research found that more than 90 
percent of bird strikes occur below 3,500 feet AGL and that there are 
predictable windows for migratory bird activity, which are adjusted 
year-to-year based on historical and forecast weather patterns. Also, 
bird strikes are nearly twice as likely to occur at night compared to 
the day. The USAF has long standing bird strike avoidance procedures 
specifically customized for Grand Forks AFB, which will be optimized 
for UAS operations. Other mitigations include having the bases of the 
restricted airspace well above most bird activity, conducting most 
training during daylight hours, and adjusting UAS operations during 
seasonal migratory activity. These mitigations conform to both civil 
and military standard bird strike avoidance measures that are in place 
across the NAS.
    Eighteen commenters contended that persons and property under the 
proposed airspace would not be protected from the non-eye safe laser 
training. The USAF conducted a laser safety study in 2009 for the Camp 
Grafton Air-to-Ground Range. This range, where the laser targets will 
be placed, lies within the existing R-5401. The study examined laser 
and aircraft characteristics, topography, target composition, and 
employment parameters, and determined that the proposed airspace would 
adequately protect persons and property outside the footprint of R-
5401. Personnel working at the range will use proper protective gear 
should they need to access the target areas during laser employment 
periods. The FAA has reviewed and accepts the USAF's laser safety 
study. The restricted areas established by this action are designed to 
allow laser employment without hazard to persons and property in the 
vicinity of R-5401.
    Two commenters stated that it is dangerous to mix UAS with visual 
flight rules (VFR) air traffic. UAS are permitted to fly outside 
restricted area airspace in the NAS today and in the vicinity of VFR 
aircraft, under FAA approved Certificate of Waiver or Authorization 
(COA). Specific to this action, UAS operations will be occurring inside 
restricted area airspace that is established to confine the hazardous 
non-eye safe laser training activities; thus, segregated from 
nonparticipating aircraft.
    One commenter said that VFR pilot violations will increase and 
those less informed will pose a safety hazard. The FAA interpreted the 
commenters use ``violations'' to mean SUA airspace incursions. VFR 
pilots must conduct thorough pre-flight planning and are encouraged to 
seek airborne updates from ATC on the status of SUA. The FAA finds that 
the restricted areas established by this action pose no more risk of 
incursion or safety hazard than other restricted areas that exist in 
the NAS.
    Two commenters observed that the NPRM failed to identify how UAS 
would transit from Grand Forks AFB to the proposed restricted areas. 
The FAA considers UAS transit and climb activities to be non-hazardous; 
therefore, establishing new restricted areas for transit and climb 
purposes is inappropriate. While UAS transit and climb activities are 
non-hazardous, they are presently atypical. Therefore, specifics on 
transit and climb ground tracks, corridor altitudes and widths, and 
activation procedures will be accomplished procedurally and consistent 
with existing COA mitigation alternatives available today. The 
establishment of restricted areas airspace is focused on the hazardous 
non-eye safe laser training activities.
    Twenty four commenters noted that the proposed restricted areas 
would block V-170 & V-55 and impact V-169 & V-561. The FAA acknowledges 
that the proposed restricted area complex will have a minimal impact on 
three of the four Victor airways mentioned, depending on the restricted 
areas activated. The airway analysis began with V-170, which runs 
between Devils Lake, ND, and Jamestown, ND, with a Minimum En route 
Altitude (MEA) of 3,500 feet MSL along the effected segment of the 
airway. An average of four aircraft per day filed for V-170. R-5402, 
when active, impacts V-170 from 1200 feet AGL to 10,000 feet MSL. The 
FAA is considering a separate rulemaking action to modify V-170 by 
creating a slight ``dogleg'' to the west, which would allow unimpeded 
use of V-170 below 8,000 feet MSL regardless of the status of R-5402. 
Impacts to V-170 above 8,000 feet MSL are dependent upon which 
restricted areas are active.
    V-55 runs between Grand Forks, ND, and Bismarck, ND, with an MEA of 
8,000 feet MSL along the affected segment of the airway. An average of 
7 aircraft per day filed for V-55. Activation of R-5402, R-5403A, R-
5403B, or R-5403C would have no impact on V-55. The FAA raised the 
floor of R-5403D to 10,000 feet MSL and reduced the blocks for R-5403D 
and R-5403E to 2,000 feet each to allow ATC more flexibility to climb/
descend IFR traffic on V-55. The FAA is also considering establishing a 
Global Positioning Satellite MEA along the affected segment of V-55 to 
allow properly equipped non-participating aircraft to fly the V-55 
ground track, but at a lower altitude.
    V-561 runs between Grand Forks, ND, and Jamestown, ND, with an MEA 
of 4,000 feet MSL along this segment of the airway. An average of two 
aircraft per day filed for V-561. When activated, the southeast corner 
of R-5403D, R-5403E, and R-5403F encroach upon V-561 from 10,000 feet 
MSL-11,999 feet MSL, 12,000 feet MSL-13,999 feet MSL, or 14,000 feet 
MSL-17,999 feet MSL, respectively.
    V-169 runs between Devils Lake, ND, and Bismarck, ND, with an MEA 
of 3,500 feet MSL along this segment. The nearest point of any 
restricted area is 5 nautical miles (NM) from the centerline of V-169. 
Since Victor airways are 4 NM wide; the restricted areas do not 
encumber the use of V-169.
    The FAA acknowledges potential impacts to users on Victor airways 
V-55, V-170, and V-651 by the restricted areas established in this 
action.

[[Page 36911]]

However, based on the 13 total average daily flights filing for V-55, 
V-170, and V-651 in the same airspace as the proposed restricted area 
complex (V-169 is not affected by the proposed airspace), the impacts 
of the restricted areas on the three affected airways is considered 
minimal. These aircraft have air traffic control procedural 
alternatives available to include vectoring, altitude change, or re-
routing as appropriate.
    Nineteen commenters found that transcontinental and local area 
flights would be forced to deviate around restricted areas, increasing 
cost and flight time. The FAA understands that when the restricted 
areas are active, non-participation aircraft will have to accomplish 
course deviations or altitude changes for avoidance, which can increase 
distances flown and costs incurred. For this action, the FAA and USAF 
worked together to define the minimum airspace volume necessary to meet 
USAF training mission requirements and maximize airspace access to 
other users of the NAS. Reducing the overall size and internally 
segmenting and stratifying the complex have reduced course deviation 
distances and altitude changes required by non-participants to avoid 
active restricted areas. Additionally, the USAF as agreed to 
temporarily release active restricted airspace back to ZMP for non-
participant transit during non-routine/contingency events (i.e. due to 
weather, icing, aircraft malfunction, etc.). Air traffic in this part 
of the NAS is relatively light and the level of impact associated with 
establishing the restricted areas in this action is considered minimal 
when balanced against valid military training requirements.
    Twenty-four comments were received stating that four hours prior 
notice is insufficient lead time for activation by NOTAM, with most 
recommending that the prior notification time be increased to six 
hours. The FAA recognizes that many aircraft today have flight 
durations long enough that flight planning before takeoff may occur 
outside of the 4-hour window. Restricted areas provide protected 
airspace for hazardous operations with no option to transit when 
active, so changes in airspace status after flight planning would have 
an impact on routing or altitude. These impacts could be reduced by 
increasing the NOTAM notification time; therefore the proposed time of 
designation for R-5402 and R-5403A-F is amended to ``0700-2000 daily, 
by NOTAM 6 hours in advance; other times by NOTAM.''
    One commenter stated that the SUA should be limited to published 
times of designation or times that can be obtained through an Automated 
Flight Service Station (AFSS) or ZMP. The times of designation for the 
restricted areas conforms to FAA policy and provides military users the 
operational flexibility to adjust for unpredictable, yet expected 
events, such as poor weather conditions or aircraft maintenance delays. 
By establishing the restricted areas with a ``By NOTAM'' provision for 
activations, the AFSS will receive scheduled activation times at least 
6 hours in advance and can provide activation information when 
requested. Additionally, ZMP can provide the most current restricted 
areas status to airborne aircraft, workload permitting, as an 
additional service to any requesting IFR or VFR aircraft.
    Nineteen commenters contended that local and transient pilots would 
avoid the restricted areas regardless of the activation status. The FAA 
understands that some pilots may opt to avoid the vicinity of this 
proposed airspace complex; however, pilots have multiple ways to obtain 
SUA schedule information during preflight planning and while airborne 
to aid their situational awareness. Daily SUA schedules will be 
available on the sua.faa.gov Web site, NOTAMs will be issued at least 6 
hours prior to activating the restricted areas, and AFSS will brief SUA 
NOTAMS upon request. Airborne updates will also be available through 
ZMP or AFSS. Lastly, the USAF will provide a toll-free phone number for 
inclusion on aeronautical charts that will enable NAS users to contact 
the scheduling agency for SUA status information; similar to what is in 
place for the Adirondack SUA complex in New York.
    Two commenters requested that the FAA chart an ATC frequency for 
updates on the restricted areas. The FAA has frequencies listed on both 
the L-14 IFR Enroute Low Altitude Chart and the Twin Cities Sectional 
Aeronautical Chart already. Upon review, the VHF frequency listed on 
the IFR Enroute Low Altitude Chart near where R-5402 and R-5403A-F 
restricted areas will be established was found to be different than the 
frequency listed on the Sectional Aeronautical Chart listing of SUA for 
the existing R-5401 (which R-5402 and R-5403A-F will overlay). The FAA 
is taking action to correct the discrepancy so that matching 
frequencies are charted.
    Seventeen commenters stated that the NOTAM system is generally 
inadequate to inform users of SUA status, and the number of components 
to this restricted airspace would lead to intricate and confusing 
NOTAMs. The restricted area complex is comprised of 7 individual areas 
and structured to minimize complexity and maximize nonparticipant 
access when not required for military use during certain phases of a 
training mission. The overall complex configuration, with seven sub 
areas, is a reasonable balance between efficiency, complexity, and 
military requirements. The NOTAM system is designed to disseminate many 
types of aeronautical information, including restricted area status 
when activation is ``By NOTAM'' or outside published times of 
designation. Because of the ``By NOTAM'' provision in the legal 
description times of designation, activation NOTAMs for R-5402 and R-
5403A-F will be included in verbal briefings from AFSS, upon pilot 
request.

The Rule

    The FAA is amending 14 CFR part 73 to expand the vertical and 
lateral limits of restricted area airspace over the Camp Grafton Range 
to contain hazardous non-eye safe laser training operations being 
conducted by the emerging UAS mission at Grand Forks Air Force Base 
(AFB); thus, transforming the range into a viable non-eye safe laser 
training location. Camp Grafton Range is currently surrounded by R-
5401; however, the lateral boundaries and altitude are insufficient to 
contain the laser training mission profiles and tactics flown in combat 
operations today. This action supplements R-5401 by establishing 
additional restricted areas, R-5402, R-5403A, R-5403B, R-5403C, R-
5403D, R-5403E, and R-5403F, to provide the vertical and lateral 
tactical maneuver airspace needed for UAS target acquisition prior to 
attack, and to contain the non-eye safe laser during laser target 
designation training operations from medium to high altitudes.
    The restricted area R-5402 is defined by a 7 nautical mile (NM) 
radius around the center of R-5401, with the northern boundary adjusted 
to lie along the 47[deg]45'00'' N latitude. The restricted area 
altitude is upward from 500 feet above ground level to, but not 
including 10,000 feet MSL. This new restricted area provides a pathway 
for the non-eye safe laser beam to transit from R-5403A, R-5403B, and 
R-5403C (described below) through the existing R-5401 and onto Camp 
Grafton Range.
    The restricted areas R-5403A, R-5403B, and R-5403C share the same 
lateral boundaries, overlying R-5402 and layered in ascending order. 
The northern boundary of these R-5403 areas, as described in the 
regulatory text, share the same northern boundary as R-5402, the 
47[deg]45'00'' N latitude. The

[[Page 36912]]

western boundary lies approximately 14 NM west of R-5402 along the 
99[deg]15'00'' W longitude and the eastern boundary lies approximately 
7 NM east of R-5402 along the 98[deg]15'00'' W longitude. Finally, the 
southern boundary is established to remain north of the protected 
airspace for V-55. The restricted area altitudes, in ascending order, 
are defined upward from 8,000 feet MSL to, but not including 10,000 
feet MSL for R-5403A; upward from 10,000 feet MSL to, but not including 
14,000 feet MSL for R-5403B; and upward from 14,000 feet MSL to, but 
not including Flight Level (FL) 180 for R-5403C. The additional lateral 
and vertical dimensions provided by these restricted areas, in 
conjunction with R-5401, R-5402, R-5403D, R-5403E, R-5403F, establish 
the maneuvering airspace needed for UAS aircraft to practice the 
tactical maneuvering and standoff target acquisition training 
requirements necessary for the combat tactics and mission profiles 
flown today and to contain the hazardous non-eye safe laser, when 
employed, completely within restricted airspace.
    The areas R-5403D, R-5403E, and R-5403F also share the same lateral 
boundaries, adjacent to and southeast of R-5403A, R-5403B, and R-5403C, 
and are also layered in ascending order. The northern boundary of these 
R-5403 areas, as described in the regulatory text, shares the southern 
boundary of R-5403A, R-5403B, and R-5403C. The western boundary point 
reaches to the 99[deg]15'00'' W longitude and the eastern boundary lies 
along the 98[deg]15'00'' W longitude. Finally, the southern boundary is 
established to lie along the 47[deg]15'00'' N latitude. The restricted 
area altitudes, in ascending order, are defined upward from 10,000 feet 
MSL to, but not including 12,000 feet MSL for R-5403D; upward from 
12,000 feet MSL to, but not including 14,000 feet MSL for R-5403E; and 
upward from 14,000 feet MSL to, but not including Flight Level (FL) 180 
for R-5403F. The additional lateral and vertical dimensions provided by 
these restricted areas, in conjunction with R-5401, R-5402, R-5403A, R-
5403B, R-5403C, and the Camp Grafton Range, establish the maneuvering 
airspace, standoff target acquisition, and hazardous non-eye safe laser 
employment training completely within restricted airspace, as noted 
above.
    During the NPRM public comment period, it was realized that the 
proposal section of the NPRM preamble described the southern boundary 
for the proposed R-5403D, R-5403E, and R-5403F to lay along the 
47[deg]30'00'' N latitude, in error. However, the regulatory text in 
the NPRM correctly described the southern boundary for these proposed 
restricted areas to lie along the 47[deg]15'00'' N latitude. This 
action confirms the southern boundary for R-5403D, R-5403E, and R-5403F 
is along the 47[deg]15'00'' N latitude.
    Restricted areas R-5402, R-5403A, R-5403B, R-5403C, R-5403D, R-
5403E, and R-5403F are all designated as ``joint-use'' airspace. This 
means that, during periods when any of the restricted airspace areas 
are not needed by the using agency for its designated purposes, the 
airspace will be returned to the controlling agency for access by other 
NAS users. The Minneapolis Air Route Traffic Control Center is the 
controlling agency for the restricted areas.
    Lastly, to prevent confusion and conflict by establishing the new 
restricted areas in an existing MOA, and having both SUA areas active 
in the same volume of airspace at the same time, the Devils Lake East 
MOA legal description is being amended in the NFDD. The Devils Lake 
East MOA amendment will exclude R-5401, R-5402, R-5403A, R-5403B, R-
5403C, R-5403D, R-5403E, and R-5403F when the restricted areas are 
active. The intent is to exclude the restricted areas in Devils Lake 
East MOA individually as they are activated. This MOA amendment will 
prevent airspace conflict with overlapping special use airspace areas.

Regulatory Notices and Analyses

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 and Executive Order 13563 direct 
that each Federal agency shall propose or adopt a regulation only upon 
a reasoned determination that the benefits of the intended regulation 
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. 
L. 96-354) requires agencies to analyze the economic impact of 
regulatory changes on small entities. Third, the Trade Agreements Act 
(Pub. L. 96-39) prohibits agencies from setting standards that create 
unnecessary obstacles to the foreign commerce of the United States. In 
developing U.S. standards, the Trade Act requires agencies to consider 
international standards and, where appropriate, that they be the basis 
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4) requires agencies to prepare a written assessment of 
the costs, benefits, and other effects of proposed or final rules that 
include a Federal mandate likely to result in the expenditure by State, 
local, or tribal governments, in the aggregate, or by the private 
sector, of $100 million or more annually (adjusted for inflation with 
base year of 1995). This portion of the preamble summarizes the FAA's 
analysis of the economic impacts of this final rule.
    Department of Transportation Order DOT 2100.5 prescribes policies 
and procedures for simplification, analysis, and review of regulations. 
If the expected cost impact is so minimal that a proposed or final rule 
does not warrant a full evaluation, this order permits that a statement 
to that effect and the basis for it to be included in the preamble if a 
full regulatory evaluation of the cost and benefits is not prepared. 
Such a determination has been made for this final rule. The reasoning 
for this determination follows:
    As presented in the discussion of comments section of this 
preamble, commenters stated that there could be the following potential 
adverse economic impacts from implementing this final rule: the rule 
will block V-170 and V-55 and limit the use of V-169 and V-561; VFR and 
local area flights will be forced to deviate around restricted areas, 
increasing cost and flight time; and the 500 feet AGL floor for R-5402 
will affect low level aerial operations such as crop dusters, wildlife 
and agricultural surveys, and emergency medical access.
    With respect to the first potential impact, as discussed in the 
preamble, the FAA acknowledges that users of Victor airways V-55, V-
170, and V-561 could be potentially affected when the restricted areas 
established in this action are active; however users of V-169 will not 
be affected at all. Users of V-170 from 1200 feet AGL to 8,000 feet MSL 
would be affected only when R-5402 is active. The FAA's has determined 
that there is an average of 4 flights per day between Devils Lake, ND, 
and Jamestown, ND. Of these flights, 90 percent are general aviation 
flights (many of them University of North Dakota training flights) and 
10 percent are military or air taxi flights. The potential effect on 
users of V-170 could be offset by several actions. One action would be 
to modify V-170 by creating a slight ``dogleg'' further west of R-5402 
to allow unimpeded use of V-170 below 8,000 feet MSL regardless of the 
status of R-5402. The FAA estimates that this ``dogleg'' would add 
about 5 miles to the length of the flight between Devils Lake and 
Jamestown. Another action would be for air traffic control to either 
vector the aircraft west of R-5402 or climb the aircraft to 8,000 feet 
MSL to avoid R-5402. V-170 above 8,000 feet MSL, V-55, and V-561 can 
still be used by the public, even during military training

[[Page 36913]]

operations, if the nonparticipant aircraft flies at a different 
altitude than the altitudes the military is using at that time. The FAA 
has determined that these adjustments will result in minimal cost to 
the affected operators.
    With respect to the second potential impact, with the exception of 
R-5402, the public will not be required to deviate around the 
restricted areas, even during military operations, as long as the 
nonparticipating aircraft flies at an altitude above or below the 
altitudes that the military is using at that time. The FAA has 
determined that these altitude adjustments will have a minimal effect 
on cost.
    With respect to the third potential impact, the USAF has agreed to 
implement scheduling coordination measures for R-5402 that will 
accommodate access by local farming, ranching, survey, and medical 
aviation interests. Further, when any of the restricted areas are not 
needed by the USAF for its intended purposes, the airspace will be 
returned to the controlling agency, Minneapolis Air Route Traffic 
Control Center, for access by other NAS users; providing considerable 
time for these interests to perform most of their aviation activities 
in a timely manner. The FAA has determined that these potential 
disruptions in public aviation will have a minimal effect on cost.
    The FAA has, therefore, determined that this final rule is not a 
``significant regulatory action'' as defined in section 3(f) of 
Executive Order 12866, and is not ``significant'' as defined in DOT's 
Regulatory Policies and Procedures.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation. To achieve this principle, agencies are required 
to solicit and consider flexible regulatory proposals and to explain 
the rationale for their actions to assure that such proposals are given 
serious consideration.'' The RFA covers a wide-range of small entities, 
including small businesses, not-for-profit organizations, and small 
governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to 
have a significant economic impact on a substantial number of small 
entities, section 605(b) of the RFA provides that the head of the 
agency may so certify and a regulatory flexibility analysis is not 
required. The certification must include a statement providing the 
factual basis for this determination, and the reasoning should be 
clear.
    The FAA received two comments from small business owners and a 
comment from the North Dakota Agricultural Aviation Association 
(NDAAA), representing agricultural aviation operators. The comments 
from the business owners expressed concerns about the availability of 
airspace and that they would be diverted from their normal flight 
plans, thereby increasing their costs. As previously stated in this 
preamble, however, these routes will not be closed even during military 
operations--they can be flown by nonparticipant aircraft so long as 
those aircraft are not at the altitudes being used by the military. The 
NDAAA comment that agricultural aircraft are frequently ferried at 
altitudes greater than 500 feet applies only to those aircraft in R-
5402--not in any of the other areas. As previously noted, the agreement 
with the USAF and the fact that there are no restrictions in R-5402 
when it is not being used by the military will minimize the potential 
economic impact to agricultural aviation operations in this airspace.
    While the FAA believes that one air taxi operator, a few small 
business operators, and a few agricultural aviation operators 
constitute a substantial number of small entities, based on the 
previous analysis, the FAA determined that the final rule will have a 
minimal economic impact.
    Therefore, as the acting FAA Administrator, I certify that this 
rule will not have a significant economic impact on a substantial 
number of small entities.

International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing standards or engaging in related activities 
that create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to these Acts, the establishment of standards is not 
considered an unnecessary obstacle to the foreign commerce of the 
United States, so long as the standard has a legitimate domestic 
objective, such the protection of safety, and does not operate in a 
manner that excludes imports that meet this objective. The statute also 
requires consideration of international standards and, where 
appropriate, that they be the basis for U.S. standards. The FAA has 
assessed the potential effect of this final rule and determined that it 
will have only a domestic impact and therefore no effect on 
international trade.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement 
assessing the effects of any Federal mandate in a proposed or final 
agency rule that may result in an expenditure of $100 million or more 
(in 1995 dollars) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a ``significant regulatory action.'' The FAA currently 
uses an inflation-adjusted value of $143.1 million in lieu of $100 
million. This final rule does not contain such a mandate; therefore, 
the requirements of Title II of the Act do not apply.

Environmental Review

    Pursuant to Section 102(2) of the National Environmental Policy Act 
of 1969 (NEPA), the Council on Environmental Quality (CEQ) regulations 
implementing NEPA (40 CFR parts 1500-1508), and other applicable law, 
the USAF prepared and published The BRAC Beddown and Flight Operations 
of Remotely Piloted Aircraft at Grand Forks Air Force Base, North 
Dakota'' dated July 2010 (hereinafter the FEIS) that analyzed the 
potential for environmental impacts associated with the proposed 
creation of Restricted Areas R-5402, R-5403A, R-5403B, R-5403C, R-
5403D, R-5403E, and R-5403F. In September 2010, the USAF issued a 
Record of Decision based on the results of the FEIS. In accordance with 
applicable CEQ regulations (40 CFR 1501.6) and the Memorandum of 
Understanding (MOU) between FAA and Department of Defense (DOD) dated 
October 2005, the FAA was a cooperating agency on the FEIS. The FAA has 
conducted an independent review of the FEIS and found that it is an 
adequate statement. Pursuant to 40 CFR 1506.3(a) and (c), the FAA is 
adopting the portions of the FEIS for this action that support the 
establishment of the above named restricted areas. The FAA has 
documented its partial adoption in a separate document entitled 
``Partial Adoption of Final EIS and Record of

[[Page 36914]]

Decision for the Establishment of Restricted Areas R-5402 and 5403.'' 
This final rule, which establishes restricted areas R-5402, R-5403A, R-
5403B, R-5403C, R-5403D, R-5403E, and R-5403F, will not result in 
significant environmental impacts. A copy of the FAA Partial Adoption 
of FEIS and ROD has been placed in the public docket for this 
rulemaking and is incorporated by reference.

FAA Authority

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the 
FAA is charged with prescribing regulations to assign the use of the 
airspace necessary to ensure the safety of aircraft and the efficient 
use of airspace. This regulation is within the scope of that authority 
as it establishes restricted area airspace at Camp Grafton Range, near 
Devils Lake, ND, to enhance safety and accommodate essential military 
training.

List 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 part 73 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  73.54  [Amended]

0
2. Section 73.54 is amended as follows:
* * * * *

R-5402 Devils Lake, ND [New]

    Boundaries. Beginning at lat. 47[deg]45'00'' N., long. 
98[deg]47'19'' W.; to lat. 47[deg]45'00'' N., long. 98[deg]31'25'' 
W.; then clockwise on a 7 NM arc centered on lat. 47[deg]40'31'' N., 
long. 98[deg]39'22'' W.; to the point of beginning, excluding the 
airspace within R-5401 when active, and R-5403A when active.
    Designated altitudes. 500 feet AGL to, but not including, 10,000 
feet MSL.
    Time of designation. 0700-2000 daily, by NOTAM 6 hours in 
advance; other times by NOTAM.
    Controlling agency. FAA, Minneapolis ARTCC.
    Using agency. U.S. Air Force, 119th Operations Support Squadron, 
Hector International Airport, Fargo, ND.
* * * * *

R-5403A Devils Lake, ND [New]

    Boundaries. Beginning at lat. 47[deg]45'00'' N., long. 
99[deg]15'00'' W.; to lat. 47[deg]45'00'' N., long. 98[deg]15'00'' 
W.; to lat. 47[deg]35'39'' N., long. 98[deg]15'00'' W.; to lat. 
47[deg]15'00'' N., long. 99[deg]15'00'' W.; to the point of 
beginning.
    Designated altitudes. 8,000 feet MSL to, but not including, 
10,000 feet MSL.
    Time of designation. 0700-2000 daily, by NOTAM 6 hours in 
advance; other times by NOTAM.
    Controlling agency. FAA, Minneapolis ARTCC.
    Using agency. U.S. Air Force, 119th Operations Support Squadron, 
Hector International Airport, Fargo, ND.

R-5403B Devils Lake, ND [New]

    Boundaries. Beginning at lat. 47[deg]45'00'' N., long. 
99[deg]15'00'' W.; to lat. 47[deg]45'00'' N., long. 98[deg]15'00'' 
W.; to lat. 47[deg]35'39'' N., long. 98[deg]15'00'' W.; to lat. 
47[deg]15'00'' N., long. 99[deg]15'00'' W.; to the point of 
beginning.
    Designated altitudes. 10,000 feet MSL to, but not including, 
14,000 feet MSL.
    Time of designation. 0700-2000 daily, by NOTAM 6 hours in 
advance; other times by NOTAM.
    Controlling agency. FAA, Minneapolis ARTCC.
    Using agency. U.S. Air Force, 119th Operations Support Squadron, 
Hector International Airport, Fargo, ND.

R-5403C Devils Lake, ND [New]

    Boundaries. Beginning at lat. 47[deg]45'00'' N., long. 
99[deg]15'00'' W.; to lat. 47[deg]45'00'' N., long. 98[deg]15'00'' 
W.; to lat. 47[deg]35'39'' N., long. 98[deg]15'00'' W.; to lat. 
47[deg]15'00'' N., long. 99[deg]15'00'' W.; to the point of 
beginning.
    Designated altitudes. 14,000 feet MSL to, but not including, FL 
180.
    Time of designation. 0700-2000 daily, by NOTAM 6 hours in 
advance; other times by NOTAM.
    Controlling agency. FAA, Minneapolis ARTCC.
    Using agency. U.S. Air Force, 119th Operations Support Squadron, 
Hector International Airport, Fargo, ND.

R-5403D Devils Lake, ND [New]

    Boundaries. Beginning at lat. 47[deg]35'39'' N., long. 
98[deg]15'00'' W.; to lat. 47[deg]15'00'' N., long. 98[deg]15'00'' 
W.; to lat. 47[deg]15'00'' N., long. 99[deg]15'00'' W.; to the point 
of beginning.
    Designated altitudes. 10,000 feet MSL to, but not including, 
12,000 feet MSL.
    Time of designation. 0700-2000 daily, by NOTAM 6 hours in 
advance; other times by NOTAM.
    Controlling agency. FAA, Minneapolis ARTCC.
    Using agency. U.S. Air Force, 119th Operations Support Squadron, 
Hector International Airport, Fargo, ND.

R-5403E Devils Lake, ND [New]

    Boundaries. Beginning at lat. 47[deg]35'39'' N., long. 
98[deg]15'00'' W.; to lat. 47[deg]15'00'' N., long. 98[deg]15'00'' 
W.; to lat. 47[deg]15'00'' N., long. 99[deg]15'00'' W.; to the point 
of beginning.
    Designated altitudes. 12,000 feet MSL to, but not including, 
14,000 feet MSL.
    Time of designation. 0700-2000 daily, by NOTAM 6 hours in 
advance; other times by NOTAM.
    Controlling agency. FAA, Minneapolis ARTCC.
    Using agency. U.S. Air Force, 119th Operations Support Squadron, 
Hector International Airport, Fargo, ND.

R-5403F Devils Lake, ND [New]

    Boundaries. Beginning at lat. 47[deg]35'39'' N., long. 
98[deg]15'00'' W.; to lat. 47[deg]15'00'' N., long. 98[deg]15'00'' 
W.; to lat. 47[deg]15'00'' N., long. 99[deg]15'00'' W.; to the point 
of beginning.
    Designated altitudes. 14,000 feet MSL to, but not including, FL 
180.
    Time of designation. 0700-2000 daily, by NOTAM 6 hours in 
advance; other times by NOTAM.
    Controlling agency. FAA, Minneapolis ARTCC.
    Using agency. U.S. Air Force, 119th Operations Support Squadron, 
Hector International Airport, Fargo, ND.

    Issued in Washington, DC, on June 14, 2012.
Paul Gallant,
Acting Manager, Airspace, Regulations and ATC Procedures Group.
[FR Doc. 2012-15008 Filed 6-19-12; 8:45 am]
BILLING CODE 4910-13-P
```