[Federal Register Volume 69, Number 104 (Friday, May 28, 2004)]
[Rules and Regulations]
[Pages 30576-30577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12063]



[[Page 30576]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

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


Establishment of Restricted Area 2204, Oliktok Point; AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes a restricted area 2204 (R-2204) in the 
vicinity of Oliktok Point, AK. The Department of Energy (DOE) requested 
the establishment of this airspace to support its Mixed-Phased Arctic 
Clouds experiment. The experiment utilizes a moored balloon which will 
fly up to 7,000 feet mean sea level (MSL). The FAA is taking this 
action in response to the DOE's request.

EFFECTIVE DATE: 0901 UTC, August 5, 2004.

FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules, 
Office of System Operations and Safety, ATO-R, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591; 
telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION:

History

    On October 8, 2003, the FAA published in the Federal Register a 
notice proposing the establishment of R-2204, Oliktok, AK (68 FR 
58052). This proposed area would be set aside for DOE to collect air 
samples from a moored balloon below 7000 feet MSL. Interested parties 
were invited to participate in this rulemaking effort by submitting 
written comments on the proposal. The FAA received five comments 
pertaining to the proposal. All comments were fully considered before 
proceeding with this rule. The FAA believes that the final rule best 
meets air traffic control and user requirements, while promoting the 
safe and efficient use of airspace.
    The Aircraft Owners and Pilots Association (AOPA) opposed the 
establishment of a restricted area and recommended an alert area as a 
more suitable option, stating that an ``alert area provides an 
appropriate level of safety for general aviation aircraft.''
    The FAA does not agree with the AOPA on this matter. Only those 
activities that do not pose a hazard to other aircraft may be conducted 
in an alert area, and the activities shall be conducted in accordance 
with visual flight rules. Since the balloon is unable to lift both the 
necessary scientific instrument packages, and the cabling and lights 
for marking, the FAA has determined that an unlighted, moored balloon 
at an altitude of 6,700 feet MSL in minimal VFR conditions is a 
hazardous operation.
    Another comment opposing the restricted area recommended marking 
aeronautical navigation charts with a symbol similar to tall antenna 
tower or a transverse cable. In addition to the symbol, it was also 
recommended that a NOTAM be issued ten days in advance to advise airmen 
of hazardous operations at Oliktok.
    The NOTAM system will be used to provide details whenever the 
balloon is to be airborne. The Restricted Area designation is needed to 
segregate IFR aircraft from hazardous activity (unlit balloon) and 
provide a means for charting for VFR general aviation pilots.
    A comment suggested as an alternative to designate an appropriate 
symbol and warning similar to a tall tower; mark and light balloon IAW 
14 CFR 101; and use NOTAM system to announce balloon usage.
    Title 14 Code of Federal Regulations (14 CFR) part 101, Moored 
Balloons, Kites, Unmanned Rockets, and Unmanned Free Balloons, is 
intended to provide the procedures and conditions necessary for the 
safe operation of balloons, kites, and rockets in the national airspace 
system. Where a proponent cannot meet these procedures and conditions, 
the FAA is charged to provide the necessary level of safety. In this 
case, a restricted area is the appropriate means to segregate IFR and 
VFR aircraft from hazardous activity. Chart symbols and warnings are 
standardized. We are planning to include an additional ``information 
box'' on the chart by the area to provide additional data to pilots.
    This commentor also stated that the proposed Restricted Area will 
eliminate Oliktok Point as a precautionary landing field.
    In case of an airborne emergency the proponent can quickly lower 
the balloon once notified by Anchorage ARTCC or Deadhorse FSS. 
Additionally, the hours of balloon operation will be after local 
aviation assets have landed and at night, during times of minimal VFR 
and IFR traffic.
    The Alaska Supplement lists Oliktok LRRS airport as owned by the 
United States Air Force and is closed to the public. The runway 
condition is unmonitored and a visual inspection of the runway is 
recommended before landing. There are 48 foot power lines 2,361 feet 
east of the runway and there are no snow removal operations during the 
winter months. Alaska Airlines commented that they did not anticipate 
any operational impact to its normal operations.
    With the exception of editorial changes, this amendment is the same 
as that proposed in the notice.

The Rule

    In response to the DOE's request, the FAA is amending to 14 CFR 
part 73 to establish R-2204 at Oliktok Point, AK, as part of the DOE 
Mixed-Phased Arctic Clouds experiment. R-2204 will be established 
northeast of Oliktok Point, AK, and will consist of a two nautical mile 
(nm) area radius from the surface up to, but not including, 7,000 feet 
MSL. The area will contain an instrumented, moored balloon on a two-
kilometer, unlighted cable for the purpose of collecting air samples 
during instrument flight conditions. The area will be activated 
starting October 2004 for approximately 30 days a year, and be 
effective through the year 2009. The area will be activated by NOTAM 24 
hours in advance. The objective of the research is to better understand 
the processes and uncertainties related to global climate change.
    This action amends 14 CFR 73.22 of part 73 of the Federal Aviation 
Regulations that were republished in FAA Order 7400.8L dated October 7, 
2003.
    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. 
Therefore, this 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.

Environmental Impact

    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

[[Page 30577]]

applicable law, the FAA prepared an Environmental Assessment (EA) and 
Finding of No Significant Impact (FONSI) dated February 3, 2004. The 
EA/FONSI analyzed the establishment of the restricted area to support 
the deployment of a moored weather research balloon as one of the 
actions included in the DOE EA for the research program dated February 
1997. This final rule will not result in significant environmental 
impacts.

List of Subjects in 14 CFR Part 73

    Airspace, Navigation (air).

Adoption of the Amendment

0
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.  73.22  [Amended]

0
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[min]5[sec] N., long. 149[deg]51[min]33[sec] 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 May 21, 2004.
Paul Gallant,
Acting Manager, Airspace and Rules, ATO-R.
[FR Doc. 04-12063 Filed 5-27-04; 8:45 am]
BILLING CODE 4910-13-P