Rule2023-10435
Revocation of Federal Colored Airway A-9; Bettles, 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
May 17, 2023
Effective
August 10, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
This action removes Colored Federal airway Amber 9 (A-9) due to the planned decommissioning of the Evansville, AK (EAV), Non- Directional Beacon (NDB), which provides navigation guidance for the affected route. The EAV, NDB is scheduled to be decommissioned effective on June 15, 2023.
Full Text
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<title>Federal Register, Volume 88 Issue 95 (Wednesday, May 17, 2023)</title>
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[Federal Register Volume 88, Number 95 (Wednesday, May 17, 2023)]
[Rules and Regulations]
[Pages 31474-31475]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10435]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2022-1267; Airspace Docket No. 22-AAL-23]
RIN 2120-AA66
Revocation of Federal Colored Airway A-9; Bettles, AK
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action removes Colored Federal airway Amber 9 (A-9) due
to the planned decommissioning of the Evansville, AK (EAV), Non-
Directional Beacon (NDB), which provides navigation guidance for the
affected route. The EAV, NDB is scheduled to be decommissioned
effective on June 15, 2023.
DATES: Effective date 0901 UTC, August 10, 2023. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.
ADDRESSES: A copy of the notice of proposed rulemaking (NPRM), all
comments received, this final rule, and all background material may be
viewed online at <a href="http://www.regulations.gov">www.regulations.gov</a> using the FAA Docket number.
Electronic retrieval help and guidelines are available on the website.
It is available 24 hours each day, 365 days each year.
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: Paul Gallant, 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 amends the route structure in Alaska to maintain the
efficient flow of air traffic within the National Airspace System.
History
The FAA published a NPRM for Docket No. FAA-2022-1267 in the
Federal Register (87 FR 65544; October 31, 2022), removing Colored
Federal airway A-9 in the vicinity of Bettles, AK, due to the
decommissioning the EAV, NDB. Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal. No comments were received.
Incorporation by Reference
Colored Federal airways are published in paragraph 6009 of FAA
Order JO 7400.11, Airspace Designations and Reporting Points, which is
incorporated by reference in 14 CFR 71.1 on an annual basis. This
document amends the current version of that order, FAA Order JO
7400.11G, 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. These amendments will be published in the
next update to FAA Order JO 7400.11.
FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.
The Rule
This action amends 14 CFR part 71 by removing Colored Federal
airway A-9 in the vicinity of Bettles, AK, due to the decommissioning
of the EAV, NDB. The existing Very High Frequency (VHF) Omnidirectional
Range (VOR) Federal airway V-444, and United States Area Navigation
(RNAV) route T-232 provide alternative routes to A-9.
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 his action of removing Colored Federal
airway A-9 due to the planned decommissioning of the Evansville, AK
(EAV), NDB in the vicinity of Bettles, 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,
[[Page 31475]]
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 5-6.5k, which categorically
excludes from further environmental review the publication of existing
air traffic control procedures that do not essentially change existing
tracks, create new tracks, change altitude, or change concentration of
aircraft on these tracks. As such, this action is not expected to
result in any potentially significant environmental impacts. In
accordance with FAA Order 1050.1F, paragraph 5-2 regarding
Extraordinary Circumstances, the FAA has reviewed this action for
factors and circumstances in which a normally categorically excluded
action may have a significant environmental impact requiring further
analysis. Accordingly, the FAA has determined that no extraordinary
circumstances exist that warrant preparation of an environmental
assessment or environmental impact study.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 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
0
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 Colored Federal Airways.
* * * * *
A-9 [Removed]
* * * * *
Issued in Washington, DC, on May 11, 2023.
Brian Konie,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-10435 Filed 5-16-23; 8:45 am]
BILLING CODE 4910-13-P
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</html>Indexed from Federal Register on May 17, 2023.
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