
[Federal Register: November 24, 2009 (Volume 74, Number 225)]
[Proposed Rules]               
[Page 61291-61292]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24no09-11]                         


[[Page 61291]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2009-0693; Airspace Docket No. 09-AAL-14]
RIN 2120-AA66

 
Proposed Amendment of Restricted Area R-2204 High and R-2204 Low; 
Oliktok Point, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend R-2204 High and R-2204 Low at 
Oliktok Point, AK, by increasing the authorized times of designation 
and extending the duration of the restricted areas beyond 2009, until 
they are no longer needed by the Department of Energy (DOE). The DOE is 
continuing their study of rapid climate changes occurring in the 
arctic. Continued access to R-2204 High and R-2204 Low at Oliktok, AK, 
is required for current moored balloon and future climate-related 
aviation activities.

DATES: Comments must be received on or before January 8, 2010.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue, SE., 
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001; 
telephone: (202) 366-9826. You must identify FAA Docket No. FAA-2009-
0693 and Airspace Docket No. 09-AAL-14 at the beginning of your 
comments. You may also submit comments through the Internet at http://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules Group, 
Office of System Operations Airspace and AIM, 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-2009-0693 and Airspace Docket No. 09-AAL-14) and be submitted in 
triplicate to the Federal Docket Management System (see ADDRESSES 
section for address and phone number). You may also submit comments 
through the Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments 
on this action must submit with those comments a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to FAA Docket No. FAA-2009-0693 and Airspace Docket No. 09-AAL-14.'' 
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 NPRMs

    An electronic copy of this document may be downloaded through the 
Internet at http://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's Web page at http://
www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_
amendments/.
    You may review the public docket containing the proposal, any 
comments received, and any final disposition in person in the Federal 
Docket Management System office (see ADDRESSES section for address and 
phone number) 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 Western Service Center, Operations 
Support Group, Federal Aviation Administration, 1601 Lind Avenue, SW., 
Renton, WA 98055.
    Persons interested in being placed on a mailing list for future 
NPRMs should contact 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.

Background

    The DOE, Sandia National Laboratories, is conducting arctic 
climatology research on the North Slope of Alaska. Their Adjacent 
Arctic Ocean site is providing data about cloud and radiative processes 
at high latitudes. The arctic area has been identified as one of the 
most sensitive regions to climate change. In 2004, the need to operate 
an unlighted moored balloon in clouds resulted in the establishment of 
R-2204 at Oliktok Point. That site was selected because of its 
proximity to the Arctic Ocean, availability of ground infrastructure to 
support the scientists, and remoteness that lessens the impacts to 
other instrument flight rules and visual flight rules air traffic.
    In addition to the current moored balloon activities, scientists 
are interested in testing the use of unmanned aircraft (UAS) over the 
coastal waters (in clouds) of the Arctic Ocean and propose to launch 
and recover UAS aircraft at the Oliktok station. A Certificate of 
Approval for flight outside of R-2204 would be required by the FAA for 
UAS operations not contained within R-2204. The DOE has stated that 
they are anticipating the development of Letters of Agreement with 
other aircraft operators using airspace in the vicinity of Oliktok to 
ensure that access to airspace within R-2204 is available within the 
parameters agreed upon by the parties involved.
    On May 28, 2004, the FAA published in the Federal Register a final 
rule to establish Restricted Area R-2204 (69 FR 30576). The rule stated 
that the ``area [would] be activated starting October 2004 for 
approximately 30 days a year, and be effective through the year 2009.'' 
On April 21, 2008, the FAA published in the Federal Register a final 
rule to amend R-2204 by changing the using agency and subdividing the 
area to create R-2204 High and R-2204 Low (73 FR 21246).

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal 
Regulations (14 CFR) part 73 to amend the time of designation to allow 
activation of R-2204 High and R-2204 Low by NOTAM 24 hours in advance 
for up to 75 days per year. Special Use Airspace R-2204 High and R-2204 
Low would continue to be designated until it is no longer required by 
the DOE to conduct research.
    Section 73.22 of Title 14 CFR part 73 was republished in FAA Order 
7400.8R, effective February 16, 2009.
    The FAA has determined that this proposed regulation only involves 
an

[[Page 61292]]

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 Department of Transportation (DOT) 
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); 
and (3) does not warrant preparation of a regulatory evaluation as the 
anticipated impact is so minimal. Since this is a routine matter that 
will only affect air traffic procedures and air navigation, it is 
certified that this proposed rule, when promulgated, will not have a 
significant economic impact on a substantial number of small entities 
under the criteria of the Regulatory Flexibility Act.
    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 proposes to amend times of designation for restricted area 
airspace at Oliktok Point, Alaska.

Environmental Review

    This proposal will be subject to an environmental analysis in 
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies 
and Procedures,'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

The Proposed Amendment

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

PART 73-SPECIAL USE AIRSPACE

    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 High, Oliktok Point, AK [Amended]

    Under Time of Designation, remove the words ``By NOTAM, 24 hours 
in advance, not to exceed 30 days annually'' and insert Time of 
designation. By NOTAM, 24 hours in advance, not to exceed 75 days 
per year.
* * * * *

R-2204 Low, Oliktok Point, AK [Amended]

    Under Time of Designation, remove the words ``By NOTAM, 24 hours 
in advance, not to exceed 30 days annually'' and insert Time of 
designation. By NOTAM, 24 hours in advance, not to exceed 75 days 
per year.
* * * * *

    Issued in Washington, DC, on November 12, 2009.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. E9-28194 Filed 11-23-09; 8:45 am]

BILLING CODE 4910-13-P
