Proposed Rule2023-01791
Proposed Revocation of Colored Federal Airway Red 39 (R-39); Bethel, AK
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 30, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
This action proposes to revoke Colored Federal airway Red 39 (R-39) in the vicinity of Bethel, AK, due to the pending decommissioning of the Oscarville (OSE) Non-directional Beacon (NDB), Takotna River NDB (VTR), and Ice Pool NDB (ICW) in Alaska.
Full Text
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<title>Federal Register, Volume 88 Issue 19 (Monday, January 30, 2023)</title>
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[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Proposed Rules]
[Pages 5823-5824]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01791]
[[Page 5823]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2022-1796; Airspace Docket No. 22-AAL-30]
RIN 2120-AA66
Proposed Revocation of Colored Federal Airway Red 39 (R-39);
Bethel, AK
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This action proposes to revoke Colored Federal airway Red 39
(R-39) in the vicinity of Bethel, AK, due to the pending
decommissioning of the Oscarville (OSE) Non-directional Beacon (NDB),
Takotna River NDB (VTR), and Ice Pool NDB (ICW) in Alaska.
DATES: Comments must be received on or before March 16, 2023.
ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
(800) 647-5527, or (202) 366-9826. You must identify FAA Docket No.
FAA-2022-1796; Airspace Docket No. 22-AAL-30 at the beginning of your
comments. You may also submit comments through the internet at
<a href="http://www.regulations.gov">www.regulations.gov</a>.
FAA Order JO 7400.11G, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at <a href="http://www.faa.gov/air_traffic/publications/">www.faa.gov/air_traffic/publications/</a>. For further information, you can contact the
Rules and Regulations Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.
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 would modify the route structure as necessary to
preserve the safe and efficient flow of air traffic within the National
Airspace System (NAS).
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-2022-1796; Airspace Docket No. 22-AAL-30) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
internet at <a href="http://www.regulations.gov">www.regulations.gov</a>.
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-2022-1796; Airspace Docket No. 22-AAL-30.'' The
postcard will be date/time stamped and returned to the commenter.
All communications received on or before the specified comment
closing date 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 comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.
Availability of NPRM
An electronic copy of this document may be downloaded through the
internet at <a href="http://www.regulations.gov">www.regulations.gov</a>. Recently published rulemaking
documents can also be accessed through the FAA's web page at
<a href="http://www.faa.gov/air_traffic/publications/airspace_amendments/">www.faa.gov/air_traffic/publications/airspace_amendments/</a>.
You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Operations Support Group, Western
Service Center, Federal Aviation Administration, 2200 South 216th St.,
Des Moines, WA 98198.
Availability and Summary of Documents for Incorporation by Reference
This document proposes to amend FAA Order JO 7400.11G, Airspace
Designations and Reporting Points, dated August 19, 2022, and effective
September 15, 2022. FAA Order JO 7400.11G is publicly available as
listed in the ADDRESSES section of this document. FAA Order JO 7400.11G
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.
Background
The aviation industry/users have indicated a desire for the FAA to
transition the Alaskan en route navigation structure away from the
dependency on NDBs. Advances in technology have allowed for alternate
navigation methods to support decommissioning of high-cost ground-based
navigation equipment. The FAA conducted a non-rulemaking study in
accordance with FAA Order JO 7400.2, Procedures for Handling Airspace
Matters in 2020 and 2021 on OSE, VTR, and ICW due to the ongoing high
cost of maintenance and repairs. Interested parties were invited to
participate in this effort by submitting comments on the proposal. As a
result of the study, there were no objections received. The FAA added
OSE, VTR, and ICW to the schedule to be decommissioned.
Colored Federal airway R-39 extends between OSE and ICW. The
decommissioning of OSE and ICW would render this route unusable. This
proposal would revoke R-39 in its entirety. The mitigation to the loss
of R-39 is currently in place with Very High Frequency (VHF)
Omnidirectional Range (VOR) Federal airway V-480 and United States
Navigational (RNAV) route T-222 overlying or paralleling the entire
route.
[[Page 5824]]
The Proposal
The FAA is proposing an amendment to 14 CFR part 71 to revoke
Colored Federal airway R-39 in the vicinity of Bethel, AK due to the
decommissioning of the OSE, VTR, ICW NDBs. R-39 currently navigates
between OSE and ICW. The FAA proposes to revoke R-39 in its entirety.
Colored Federal airways are published in paragraph 6009(d) of FAA
Order JO 7400.11G dated August 19, 2022 and effective September 15,
2022, which is incorporated by reference in 14 CFR 71.1. The Colored
Federal airway listed in this document would be removed subsequently in
FAA Order JO 7400.11.
FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.
Regulatory Notices and Analyses
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.
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 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 Review
This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:
PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS
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1. The authority citation for 14 CFR part 71 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. 71.1 [Amended]
0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:
Paragraph 6009(b) Colored Federal Airways.
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R-39 [Remove]
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Issued in Washington, DC, on January 24, 2023.
Brian Konie,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-01791 Filed 1-27-23; 8:45 am]
BILLING CODE 4910-13-P
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</html>Indexed from Federal Register on January 30, 2023.
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