[Federal Register Volume 74, Number 191 (Monday, October 5, 2009)]
[Proposed Rules]
[Pages 51098-51099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23884]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0824; Airspace Docket No. 09-AAL-11]
RIN 2120-AA66


Proposed Revision of Colored Federal Airways; Alaska

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to revise two Colored Federal Airways, 
Green 16 (G-16) and Blue 26 (B-26), in Alaska. The FAA is proposing 
this action in preparation of the eventual decommissioning of the 
Barter Island (BTI) Non-directional Beacon (NDB) at the Village of 
Kaktovik, Alaska.

DATES: Comments must be received on or before November 19, 2009.

ADDRESSES: Send comments on the proposal to the U.S. Department of 
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue, SE., 
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001, 
telephone: (202) 366-9826. You must identify FAA Docket No. FAA-2009-
0824 and Airspace Docket No. 09-AAL-11, at the beginning of your 
comments. You may also submit comments on the Internet at http://www.regulations.gov.

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:

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-2009-0824 
and Airspace Docket No. 09-AAL-11) 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 
http://www.regulations.gov.
    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 Docket No. FAA-2009-0824 and Airspace Docket No. 09-AAL-11.'' The 
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date 
for comments 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 closing date 
for comments. A report summarizing each substantive public contact with 
FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the 
Internet at http://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's Web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    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 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. An 
informal docket may also be examined during normal business hours at 
the office of the Regional Air Traffic Division, Federal Aviation 
Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587.
    Persons interested in being placed on a mailing list for future 
NPRM's should contact the FAA's Office of Rulemaking, (202) 267-9677, 
for a copy of Advisory Circular No. 11-2A, Notice of Proposed 
Rulemaking Distribution System, which describes the application 
procedure.

The Proposal

    The FAA is proposing an amendment to the Title 14, Code of Federal 
Regulations (14 CFR part 71), that would revise two Colored Federal 
Airways, G-16 and B-26 by removing the segment to the BTI NDB from each 
airway description. In a separate action, one Area Navigation (RNAV) 
route T-228 was revised, and T-73 was established to continue IFR 
service to Village of Kaktovik, Alaska. The BTI NDB decommissioning 
proposal was publicly circulated in notice number 06-AAL-49NR. After 
reviewing public comment, the FAA decided that keeping the NDB was not 
feasible and that it should be decommissioned.
    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. 
Therefore, this proposed regulation: (1)

[[Page 51099]]

Is not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under 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.
    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 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 revise Colored Federal Airways in Alaska.

Environmental Review

    This proposal will be subject to an environmental analysis in 
accordance with FAA Order 1050.1E, ``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

    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]

    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 
7400.9T, Airspace Designations and Reporting Points, signed August 27, 
2009, and effective September 15, 2009, is to be amended as follows:

Paragraph 6009(a) Green Federal Airways.

* * * * *

G-16 [Revised]

    From Point Lay, AK, NDB; Wainwright Village, AK, NDB; 
Browerville, AK, NDB; Nuiqsut Village, AK, NDB; to Put River, AK, 
NDB.
* * * * *

Paragraph 6009(d) Blue Federal Airways.

* * * * *

B-26 [Revised]

    From Chena, AK, NDB, to Yukon River, AK, NDB.
* * * * *

    Issued in Washington, DC, September 28, 2009.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. E9-23884 Filed 10-2-09; 8:45 am]
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