[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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