[Federal Register Volume 87, Number 231 (Friday, December 2, 2022)]
[Rules and Regulations]
[Pages 73930-73931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26169]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0312; Airspace Docket No. 22-AAL-20]
RIN 2120-AA66


Revocation of Colored Federal Airway Blue 37 (B-37); Level 
Island, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revokes Colored Federal airway Blue 37 (B-37) due 
to the planned decommissioning of the Sumner Strait, AK (SQM), Non-
Directional Beacon (NDB) in the vicinity of Level Island, AK.

DATES: Effective date 0901 UTC, February 23, 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: FAA Order JO 7400.11G, Airspace Designations and Reporting 
Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. 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: Colby Abbott, 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 modifies the route structure as necessary to preserve 
the safe and efficient flow of air traffic

[[Page 73931]]

within the National Airspace System (NAS).

Background

    The FAA published a notice of proposed rulemaking (NPRM) for Docket 
No. FAA-2022-0311 in the Federal Register (87 FR 19409; April 4, 2022), 
revoking Colored Federal airway B-37 due to the planned decommissioning 
of the Sumner Strait, AK, NDB. Interested parties were invited to 
participate in this rulemaking effort by submitting comments on the 
proposal. No comments were received.
    Blue 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 will be published subsequently 
in FAA Order JO 7400.11.

Differences From the NPRM

    Subsequent to the NPRM, the FAA identified an inadvertent 
typographical error that listed the Docket No. as FAA-2022-0311 in 
error. The correct Docket No. for this rulemaking is FAA-2022-0312. 
This action corrects the Docket No. typographical error to reflect it 
as FAA-2022-0312.
    The rulemaking action to revoke B-37 is unaffected by this 
administrative error correction.

Availability and Summary of Documents for Incorporation by Reference

    This document amends 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.

The Rule

    This action amends 14 CFR part 71 by revoking Colored Federal 
airway B-37 due to the planned decommissioning of the Sumner Strait, 
AK, NDB in the vicinity of Level Island, AK. The amendment is described 
below.
    B-37: B-37 extends between the Sumner Strait, AK, NDB and the 
intersection of the Elephant, AK, NDB 272[deg] and the Ocean Cape, AK, 
NDB 139[deg] bearings (SPARL Fix). The airway is removed in its 
entirety.
    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 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 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

    The FAA has determined that this airspace action of revoking 
Colored Federal airway B-37, due to the planned decommissioning of the 
Sumner Strait, AK, NDB, qualifies for categorical exclusion under the 
National Environmental Policy Act (42 U.S.C. Sec. Sec.  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, 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(d) Blue Federal Airways.

* * * * *

B-37 [Removed]

* * * * *

    Issued in Washington, DC, on November 28, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-26169 Filed 12-1-22; 8:45 am]
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