[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Rules and Regulations]
[Pages 5730-5731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01607]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2022-0540; Airspace Docket No. 22-AAL-49]
RIN 2120-AA66
Amendment of Alaskan Federal Airway V-531 Near Point Hope, AK
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action amends Alaskan Very High Frequency (VHF)
Omnidirectional Range (VOR) Federal airway V-531 (hereinafter referred
to as Alaskan V-531) due to the planned decommissioning of the Point
Hope, AK (PHO), Non-Directional Beacon (NDB) navigational aid (NAVAID).
DATES: Effective date 0901 UTC, April 20, 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.
History
The FAA published a notice of proposed rulemaking (NPRM) for Docket
No. FAA-2022-0540 in the Federal Register (87 FR 32378; May 31, 2022),
amending Alaskan V-531 due to the planned decommissioning of the Point
Hope, AK, NDB NAVAID. Interested parties were invited to participate in
this rulemaking effort by submitting written comments on the proposal.
No comments were received.
Alaskan VOR Federal airways are published in paragraph 6010(b) 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
Alaskan VOR Federal airway action listed in this document will be
published subsequently in FAA Order JO 7400.11.
Differences From the NPRM
The NPRM proposed amending Alaskan V-531 to read: ``From Fairbanks,
AK, via Tanana, AK; Huslia, AK; Selawik, AK; to Kotzebue, AK''. Use of
the word ``via'' to describe the change was in error. To conform to the
FAA's preferred language, the final rule removes the ``via'' from the
regulatory text. The route remains the same as proposed; the final rule
does not incorporate any substantive changes to the airway.
[[Page 5731]]
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 amending Alaskan V-531 due to
the planned decommissioning of the Point Hope, AK, NDB NAVAID. The
airway amendment action is described below.
Alaskan V-531. Alaskan V-531 extends between the Fairbanks, AK,
VOR/Tactical Air Navigation (VORTAC) and the Point Hope, AK, NDB. The
airway segment between the Kotzebue, AK, VOR/Distance Measuring
Equipment (VOR/DME) and the Point Hope, AK, NDB is removed. As amended,
the airway is changed to extend between the Fairbanks VORTAC and the
Kotzebue VOR/DME.
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 action of amending Alaskan V-531
due to the planned decommissioning of the Point Hope, AK, NDB NAVAID,
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 impact 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. 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 6010(b). Alaskan VOR Federal Airways.
* * * * *
V-531 [Amended]
From Fairbanks, AK; Tanana, AK; Huslia, AK; Selawik, AK; to
Kotzebue, AK.
* * * * *
Issued in Washington, DC, on January 23, 2023.
Brian Konie,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-01607 Filed 1-27-23; 8:45 am]
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