Justia Regulation Tracker

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[Federal Register: April 21, 2008 (Volume 73, Number 77)]
[Rules and Regulations]               
[Page 21246-21247]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ap08-14]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2008-0257; Airspace Docket No. 08-AAL-7]
RIN 2120-AA66

 
Revision of Restricted Area 2204; Oliktok Point, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action changes the using agency of Restricted Area 2204 
(R-2204), Oliktok Point, AK, from ``Department of Energy, Sandia 
National Labs/National Nuclear Security Administration, Albuquerque, 
NM'' to ``Department of Energy, Office of

[[Page 21247]]

Science, Washington, DC.'' The FAA is taking this action in response to 
a request from the United States (U.S.) Department of Energy to reflect 
an administrative change of responsibility for the restricted area. 
This action also revises R-2204, by subdividing the area to create R-
2204 High and R-2204 Low. The overall dimensions of R-2204 will remain 
the same; however, establishing of R-2204 High and R-2204 Low will 
enable the Department of Energy to activate only that portion of the 
airspace that is actually needed to contain their operations.

DATES: Effective Date: 0901 UTC, July 31, 2008.

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:

Background

    At the request of the U.S. Department of Energy, the FAA is 
changing the designated using agency for R-2204 in Alaska. The U.S. 
Department of Energy is assuming primary responsibility for operations 
as using agency from their contractor, Sandia Labs. In addition to the 
action above, the U.S. Department of Energy has assessed their planned 
operations within Restricted Area R-2204 and determined that many of 
the operations will be conducted at an altitude below 1,500 feet (ft.) 
above Mean Sea Level (MSL), and, therefore higher altitudes are not 
needed for these activities. The primary benefit of this action is to 
make lower altitudes available on Federal Airway V-438 between the 
Deadhorse Very High Frequency Omnidirectional Range (VOR) and the 
Barrow VOR during most periods when Restricted Area R-2204 is active.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 73 by changing the R-2204 using agency currently shown as, 
``Department of Energy, Sandia National Labs/National Nuclear Security 
Administration, Albuquerque, NM'' to ``Department of Energy, Office of 
Science, Washington, DC.'' This action also subdivides R-2204 into R-
2204 Low from the surface of the earth up to, but not including 1,500 
ft. MSL and R-2204 High from 1,500 ft. MSL up to, but not including, 
7,000 ft. MSL. This will make airspace available for flight under 
visual flight rules (VFR) and will permit instrument flight rules (IFR) 
altitudes on V-438 to be available during periods when R-2204 Low is 
needed to contain activity conducted at altitudes below 1,500 ft. MSL. 
Accordingly, since this action permits greater access to airspace by 
both VFR and IFR aircraft during periods of activation of R-2204, High 
and Low, public procedures under 5 U.S.C. 533(b) are unnecessary.
    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 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 amends restricted areas in Alaska.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with 311d., FAA Order 1050.1E, ``Environmental Impacts: Policies and 
Procedures.'' This airspace action is not expected to cause any 
potentially significant environmental impacts, and no extraordinary 
circumstances exist that warrant preparation of an environmental 
assessment.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

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 [Remove]

* * * * *

R-2204 Oliktok Point High, AK [New]

    Boundaries. Within a 2 NM radius centered at lat. 70[deg]30'35'' 
N., long. 149[deg]51'33'' W.
    Designated altitudes. 1,500 feet MSL 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, Office of Science, 
Washington, DC.

R-2204 Oliktok Point Low, AK [New]

    Boundaries. Within a 2 NM radius centered at lat. 70[deg]30'35'' 
N., long. 149[deg]51'33'' W.
    Designated altitudes. Surface to, but not including, 1,500 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, Office of Science, 
Washington, DC.
* * * * *

    Issued in Washington, DC, on April 14, 2008.
Stephen L. Rohring,
Acting Manager, Airspace and Rules Group.
 [FR Doc. E8-8579 Filed 4-18-08; 8:45 am]

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