Federal Register, Volume 88 Issue 28 (Friday, February 10, 2023)

[Federal Register Volume 88, Number 28 (Friday, February 10, 2023)]
[Rules and Regulations]
[Pages 8751-8752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02822]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2023-0307; Airspace Docket No. 22-AAL-78]
RIN 2120-AA66


Amendment of Restricted Areas R-2204 Oliktok Point High and R-
2204 Oliktok Point Low; AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the using agency listed for restricted 
areas R-2204 Oliktok Point High, AK, and R-2204 Oliktok Point Low, AK, 
from ``Department of Energy, Office of Science, Washington DC'' to 
``Department of Energy, Arctic Energy Office, Washington, DC.'' This 
action does not change any boundaries, altitudes, times of designation, 
or activities conducted within the restricted areas.

DATES: Effective date 0901 UTC, April 20, 2023.

FOR FURTHER INFORMATION CONTACT: Steven Roff, Rules and Regulations 
Group, Office of Policy, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking

    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 updates the using agency listed for restricted areas R-
2204 Oliktok Point High, AK, and R-2204 Oliktok Point Low, AK.

Background

    The U.S. Department of Energy (DOE) requested that the Federal 
Aviation Administration amend the descriptions of restricted areas R-
2204 Oliktok Point High, AK, and R-2204 Oliktok Point Low, AK, by 
changing the using agency listed for each from ``Department of Energy, 
Office of Science, Washington, DC'' to ``Department of Energy, Arctic 
Energy Office, Washington, DC''. The request is the result of the DOE 
re-establishing the Arctic Energy Office with an office in Fairbanks, 
AK, and determining it to be in the best interest of the DOE that the 
Arctic Energy Office undertake the using agency responsibilities for 
the R-2204 Oliktok Point High and R-2204 Oliktok Point Low restricted 
areas. Both DOE offices, the Office of Science, Biological and 
Environmental Research and the Arctic Energy Office, support the using 
agency change.

The Rule

    This action amends 14 CFR part 73 by changing the using agency name 
listed for restricted areas R-2204 Oliktok Point High and R-2204 
Oliktok Point Low, AK, from ``Department of Energy, Office of Science, 
Washington DC'' to ``Department of Energy, Arctic Energy Office, 
Washington, DC''. This action is necessary in order to reflect the 
current organization tasked with using agency responsibilities for the 
restricted areas.
    This is an administrative change that does not affect the 
boundaries, designated altitudes, times of designation, or activities 
conducted within restricted areas R-2204 Oliktok Point High and R-2204 
Oliktok Point

[[Page 8752]]

Low, AK; therefore, notice and public procedure under 5 U.S.C. 553(b) 
are unnecessary.

Regulatory Notices and Analyses

    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. 
It, therefore: (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 only affects air traffic procedures 
and air navigation, it is certified that this rule, when promulgated, 
does not have a significant economic impact on a substantial number of 
small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action of amending the using 
agency information for R-2204 Oliktok Point High and R-2204 Oliktok 
Point Low, AK, qualifies for categorical exclusion under the National 
Environmental Policy Act (42 U.S.C. 4321 et seq.) and its implementing 
regulations at 40 CFR part 1500, and in accordance with FAA Order 
1050.1F ``Environmental Impacts: Policies and Procedures,'' paragraph 
5-6.5a, which categorically excludes from further environmental impact 
review rulemaking actions that designate or modify classes of airspace 
areas, airways, routes, and reporting points (see 14 CFR part 71, 
Designation of Class A, B, C, D, and E Airspace Areas; Air Traffic 
Service Routes; and Reporting Points), and paragraph 5-6.5d, which 
categorically excludes from further environmental impact review the 
modification of the technical description of special use airspace (SUA) 
that does not alter the dimensions, altitudes, or times of designation 
of the airspace (such as changes in designation of the controlling or 
using agency, or correction of typographical errors). This airspace 
action is an administrative change to the description of restricted 
areas R-2204 Oliktok Point High and R-2204 Oliktok Point Low, AK, to 
update the using agency name. It does not alter the restricted area 
dimensions, designated altitudes, times of designation, or use of the 
airspace. Therefore, this airspace action is not expected to result in 
any significant environmental impacts. In accordance with FAA Order 
1050.1F, paragraph 5-2 regarding Extraordinary Circumstances, this 
action has been reviewed for factors and circumstances in which a 
normally categorically excluded action may have a significant 
environmental impact requiring further analysis. The FAA has determined 
that no extraordinary circumstances exist that warrant preparation of 
an environmental assessment or environmental impact study.

Lists 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 14 CFR part 73 continues to read as 
follows:

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


Sec.  73.22  [Amended]

0
2. Section 73.22 is amended as follows:
* * * * *

R-2204 Oliktok Point High, AK [Amended]

    By removing the current using agency and adding the following in 
its place:
    Using Agency. U.S. Department of Energy, Arctic Energy Office, 
Washington, DC.
* * * * *

R-2204 Oliktok Point Low, AK [Amended]

    By removing the current using agency and adding the following in 
its place:
    Using Agency. U.S. Department of Energy, Arctic Energy Office, 
Washington, DC.
* * * * *

    Issued in Washington, DC, on February 6, 2023.
Brian Konie,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-02822 Filed 2-9-23; 8:45 am]
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