[Federal Register Volume 87, Number 233 (Tuesday, December 6, 2022)]
[Rules and Regulations]
[Pages 74517-74518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26380]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2022-0301; Airspace Docket No. 22-AAL-21]
RIN 2120-AA66
Revocation of Colored Federal Airway Green 7 (G-7); Nome, AK
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action revokes Colored Federal airway Green 7 (G-7) due
to the pending decommissioning of the Fort Davis, AK (FDV), Non-
Directional Beacon (NDB) in the vicinity of Nome, 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 within the National Airspace
System (NAS).
History
The FAA published a notice of proposed rulemaking (NPRM) for Docket
No. FAA-2022-0301 in the Federal Register (87 FR 19413; April 4, 2022),
revoking Colored Federal airway G-7 due to the planned decommissioning
of the Fort Davis, AK, NDB in the vicinity of Nome, AK. Interested
parties were invited to participate in this rulemaking effort by
submitting comments on the proposal. One comment was received.
Green Federal airways are published in paragraph 6009(a) 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.
Discussion of Comments
In the comment received, the commenter recognized the improved
efficiency of the NAS provided by global positioning system (GPS)
navigation, but was critical of the cost of installing the equipment
into aircraft. The FAA appreciates the comment addressing the improved
efficiency GPS provides the NAS and understands the pilot's frustration
with the cost of avionics.
Although avionic equipment is costly, the FAA notes that GPS
equipment costs have decreased in recent years; whereas the costs of
automatic direction finder (ADF) equipment used to navigate via NDB-
based Colored Federal airways have continued to increase. The higher
ADF equipment costs and associated higher maintenance costs, especially
in remote areas of Alaska, support the move away from NDB-based
navigation.
The FAA also offers that the revocation of G-7 between the Gambell,
AK, NDB and the Norton Bay, AK, NDB does not require GPS equipage as
the revocation of G-7 is mitigated by two adjacent VHF Omnidirectional
Range (VOR) Federal airways, V-414 and V-452, that extend between the
Gambell, AK, NDB and the Norton Bay, AK, NDB. Additionally, the FAA
accomplished a traffic study of the G-7 Colored Federal airway between
the Gambell NDB and the Fort Davis, AK, NDB that showed no usage of G-7
in recent years. Instead, pilots used V-452 to navigate overwater
between Gambell, AK, and Nome, AK; further demonstrating pilots will
not require additional GPS equipage to mitigate the revocation of G-7.
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 G-7 due to the planned decommissioning of the Fort Davis, AK,
NDB in the vicinity of Nome, AK. The amendment is described below.
G-7: G-7 extends between the Gambell, AK, NDB and the Norton Bay,
AK, NDB. 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
[[Page 74518]]
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 G-7, due to the planned decommissioning of the
Fort Davis, AK, NDB, 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, 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(a) Green Federal Airways.
* * * * *
G-7 [Removed]
* * * * *
Issued in Washington, DC, on November 30, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-26380 Filed 12-5-22; 8:45 am]
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