[Federal Register: October 8, 2003 (Volume 68, Number 195)]
[Proposed Rules]               
[Page 58052-58053]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08oc03-18]                         


[[Page 58052]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

RIN 2120-AA66
[Docket No. FAA-2003-15410; Airspace Docket No. 03-AAL-1]

 
Establishment of Restricted Area 2204, Oliktok Point; AK

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish a restricted area (R-2204) 
in the vicinity of Oliktok Point, AK, as part of a Department of Energy 
(DOE) initiative. The DOE has requested the establishment of this 
airspace to support its Mixed-Phased Arctic Clouds experiment. This 
experiment utilizes a moored balloon which will fly up to 7,000 feet 
mean sea level (MSL). This proposed action supports the DOE, Sandia 
National Laboratories, National Nuclear Security Administration, 
climate research project.

DATES: Comments must be received on or before December 8, 2003.

ADDRESSES: Send comments on this proposal to the Docket Management 
System, Department of Transportation, Room Plaza 401, 400 Seventh 
Street, SW., Washington, DC 20590-0001. You must identify ``FAA Docket 
No. FAA-2003-15529, and Airspace Docket No. 03-AAL-01,'' at the 
beginning of your comments. You may also submit comments on the 
Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules 
Division, ATA-400, Office of Air Traffic Airspace Management, Federal 
Aviation Administration, 800 Independence Avenue, SW., Washington, DC 
20591; telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments, as 
they may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal. 
Communications should identify both docket numbers (FAA Docket No. FAA-
2003-15529, and Airspace Docket No. 03-ANM-03) and be submitted in 
triplicate to the Docket Management System (see ADDRESSES section for 
address and phone number). You may also submit comments through the 
Internet at http://dms.dot.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments 
on this action must submit with those comments a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to FAA Docket No. FAA-2003-15410, and Airspace Docket No. 03-AAL-1.'' 
The postcard will be date/time stamped and returned to the commenter. 
All communications received on or before the specified closing date for 
comments will be considered before taking action on the proposed rule. 
The proposal contained in this action may be changed in light of 
comments received.
    All comments submitted will be available for examination in the 
public docket both before and after the closing date for comments. A 
report summarizing each substantive public contact with FAA personnel 
concerned with this rulemaking will be filed in the docket.

Availability of NPRM's

    An electronic copy of this document may be downloaded through the 
Internet at http://dms.dot.gov Recently published rulemaking documents can also be accessed through the FAA's Web page at http://www.faa.gov. 

or the Federal Register's Web page at http://www.gpoaccess.gov/fr/index.html
.
    You may review the public docket containing the proposal, any 
comments received, and any final disposition in person in the Dockets 
Office (see address in ``Comments Invited'' section) between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. An informal 
docket may also be examined during normal business hours at the office 
of the Regional Air Traffic Division, Federal Aviation Administration, 
222 West 7th Avenue, 14, Anchorage, AK 99513.
    Persons interested in being placed on a mailing list for future 
NPRM's should call the FAA's Office of Rulemaking, (202) 267-9677, for 
a copy of Advisory Circular No. 11-2A, Notice of Proposed Rulemaking 
Distribution System, which describes the application procedure.

History

    The DOE is conducting the Mixed-Phased Arctic Clouds experiment to 
improve understanding of the process and uncertainties related to 
global climate change. The information obtained at this test site will 
be combined with information from a broad range of climates from other 
sites. The knowledge gained through these sites will provide a more 
credible prediction of global climate change.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal 
Regulations (CFR) part 73 (part 73) to establish R-2204 at Oliktok 
Point, AK, as part of the DOE Mixed-Phased Arctic Clouds experiment. 
The proposed airspace would be established northeast of Oliktok Point, 
AK, and would consist of a two nautical mile (nm) area radius from the 
surface up to but not including 7,000 feet MSL. The proposed area would 
contain an instrumented, moored balloon on a two-kilometer, unlighted 
cable for the purpose of collecting air samples during instrument 
flight conditions. The proposed area would be activated starting 
October 2004 for approximately 30 days a year, and be effective through 
the year 2009. The area would be activated by NOTAM 24 hours in 
advance. The restricted area is necessary for safety reasons.
    Section 73.22 of Part 73 of the Federal Aviation Regulations was 
republished in FAA Order 7400.8K dated September 26, 2002.
    The FAA has determined that this proposed regulation only involves 
an established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
Therefore, this proposed regulation: (1) Is not a ``significant 
regulatory action'' under Executive Order 12866; (2) is not a 
``significant rule'' under DOT Regulatory Policies and Procedures (44 
FR 11034; February 26, 1979); and (3) does not warrant preparation of a 
regulatory evaluation as the anticipated impact is so minimal. Since 
this is a routine matter that will only affect air traffic procedures 
and air navigation, it is certified that this rule, when promulgated, 
will not have a significant economic impact on a substantial number of 
small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to the appropriate environmental 
analysis in accordance with FAA Order 1050.1D, Policies and Procedures 
for Considering Environmental Impacts, prior to any FAA final 
regulatory action.

List of Subjects in 14 CFR Part 73

    Airspace, Navigation (air).

[[Page 58053]]

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 14 CFR part 73 as follows:

PART 73--SPECIAL USE AIRSPACE

    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.  73.22  [Amended]

    2. Sec.  73.22 is amended as follows:
* * * * *

R-2204, Oliktok Point, AK [New]

    Boundaries. Within a 2 nautical mile radius centered at (lat. 
70[deg]30'35'' N., long. 149[deg]51'33'' W.).
    Designated altitudes. Surface to, but not including, 7,000 feet 
MSL.
    Time of designation. By NOTAM, 24 hours in advance, not to 
exceed 30 days annually.
    Controlling agency. FAA, Anchorage ARTCC.
    Using agency. Department of Energy, Sandia National Labs/
National Nuclear Security Administration, Albuquerque, NM.
* * * * *

    Issued in Washington, DC, on September 17, 2003.
Reginald C. Matthews,
Manager, Airspace and Rules Division.
[FR Doc. 03-25422 Filed 10-7-03; 8:45 am]

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