[Federal Register Volume 73, Number 137 (Wednesday, July 16, 2008)]
[Rules and Regulations]
[Pages 40720-40721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15934]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2007-0092; Airspace Docket No. 07-AAL-18]


Establishment of Colored and VOR Federal Airways; Alaska

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes four Federal airways in the National 
Airspace System (NAS) to replace four non-part 95 routes in Alaska. The 
routes consist of three Very High Frequency Omnidirectional Range (VOR) 
Federal airways, and one Low/Medium Frequency (L/MF) Colored Federal 
airway in Alaska. The conversion of these non-part 95 routes would 
change uncharted nonregulatory airways requiring special aircrew 
authorization to Federal Airways, thus adding to the instrument flight 
rules (IFR) airway and route infrastructure in Alaska. The addition of 
these routes improves the management of air traffic operations and 
thereby enhances safety. A minor change to the description of V-619 
also is being made.

DATES: Effective Date: 0901 UTC, September 25, 2008. 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 7400.9 
and publication of conforming amendments.

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:

History

    On March 25, 2008, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) to establish four Federal Airways 
in

[[Page 40721]]

Alaska (73 FR 15685). Interested parties were invited to participate in 
this rulemaking effort by submitting written comments on this proposal. 
No comments were received in response to the NPRM. Based on further 
analysis of Air Traffic Control requirements, this rule incorporates 
the inclusion of two additional intersections along V-619. The 
description of V-619 will include the intersections of the Port Heiden 
044[deg] radial and the Saldo 200[deg] radial and the Dillingham 
099[deg] radial. With the exception of editorial changes, and the 
change described above, this amendment is the same as that proposed in 
the NPRM.
    Colored Federal airways and VOR Federal airways are published in 
paragraph 6009 and 6010, respectively, of FAA Order 7400.9R signed 
August 15, 2007 and effective September 15, 2007, which is incorporated 
by reference in 14 CFR 71.1. The Colored Federal airways and VOR 
Federal airways listed in this document will be published subsequently 
in the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 71 by establishing three VOR Federal airways designated V-351, V-
414, V-619 and one Colored Federal airway designated Amber 6 (A-6), in 
Alaska. The FAA is taking this action for the following reasons: (1) 
The conversion of these uncharted nonregulatory routes to Federal 
airways adds to the IFR airway and route infrastructure in Alaska; (2) 
pilots will be provided with minimum en route altitudes and minimum 
obstruction clearance altitude information; (3) this amendment 
establishes controlled airspace, thus eliminating some of the 
commercial IFR operations in uncontrolled airspace; and (4) the 
addition of these routes improves the management of air traffic 
operations and thereby enhances safety.
    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 
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 will enhance aviation safety in the state of Alaska.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1E, Environmental Impacts: Polices 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 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
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 part 71 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.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9R, 
Airspace Designations and Reporting Points, signed August 15, 2007, and 
effective September 15, 2007, is amended as follows:

Paragraph 6009(c) Amber Federal Airways.

* * * * *

A-6 [New]

St. Marys, AK, NDB; to North River, AK, NDB
* * * * *

Paragraph 6010(b) VOR Federal Airways.

* * * * *

V-351 [New]

From Port Heiden, AK, NDB/DME; to Dillingham, AK, VOR/DME
* * * * *

V-619 [New]

From Port Heiden, AK, NDB/DME; via the INT of Port Heiden, AK, NDB/
DME 044[deg] and Saldo, AK, NDB 200[deg] bearings; to Saldo, AK, 
NDB; to the Dillingham, AK, VOR/DME 099[deg] radial/47[deg] DME; to 
Dillingham, AK, VOR/DME
* * * * *

V-414 [New]

From Gambell, AK, NDB/DME; to Kukuliak, AK, VOR/DME
* * * * *

    Issued in Washington, DC, on July 2, 2008.
Kenneth McElroy,
Acting Manager, Airspace and Rules Group.
[FR Doc. E8-15934 Filed 7-15-08; 8:45 am]
BILLING CODE 4910-13-P