[Federal Register Volume 88, Number 91 (Thursday, May 11, 2023)]
[Rules and Regulations]
[Pages 30219-30220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09876]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-0512; Airspace Docket No. 22-AAL-59]
RIN 2120-AA66


Revocation of Very High Frequency (VHF) Omnidirectional Range 
(VOR) Federal Airway V-489; Galena, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revokes Alaskan Very High Frequency (VHF) 
Omnidirectional Range (VOR) Federal Airway V-489. The FAA is taking 
this action due to automated flight plan conflicts between New York Air 
Route Traffic Control Center (ARTCC) and Anchorage ARTCC when pilots 
file V-489 in flight plans.

DATES: Effective date 0901 UTC, August 10, 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: A copy of the Notice of Proposed Rulemaking (NPRM), all 
comments received, this final rule, and all background material may be 
viewed online at www.regulations.gov using the FAA Docket number. 
Electronic retrieval help and guidelines are available on the website. 
It is available 24 hours each day, 365 days each year.
    FAA Order JO 7400.11G, Airspace Designations and Reporting Points, 
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and 
Regulations Group, Office of Policy, Federal Aviation Administration, 
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Steven Roff, 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 proposes to revoke Alaskan VOR Airway V-489.

History

    The FAA published a NPRM for Docket No. FAA 2023-0512 in the 
Federal Register (88 FR 14516; March 9, 2023), proposing to revoke 
Alaskan VOR Federal Airway V-489. Interested parties were invited to 
participate in this rulemaking effort by submitting written comments on 
the proposal. Two comments were received, and both offered alternative 
solutions to resolve the automated flight plan conflicts between New 
York ARTCC and Anchorage ARTCC.
    Once commentor suggested that air traffic control require pilots to 
use the term Domestic V-489 when wanting to arrive in the New York area 
or Alaskan V-489 when wanting to arrive in Alaska. This suggestion, 
while appreciated, would not resolve the automation conflicts. The 
conflicts arise when a pilot electronically files their flight plan and 
V-489 is included in the routing. Automated flight plans that include 
the Domestic V-489 routinely appear in the Anchorage ARTCC computer 
system when they are intended for New York ARTCC.
    Another commentor suggested to rename one or both VOR routes and to 
revoke the domestic V-489. The FAA considered both alternative 
solutions and determined that revoking the Alaskan V-489 would provide 
the most benefit. The Alaskan V-489 is rarely used and offers indirect 
routing between the Galena, AK (GAL), VOR/Distance Measuring Equipment 
(VOR/DME) and the Tanana, AK (TAL), VOR/DME navigational aids (NAVAID). 
Additionally, two other routes, Alaskan VOR Federal airway V-488 and 
Area Navigation (RNAV) route T-225, offer direct routing between the 
Galena, AK, VOR/DME and the Tanana, AK, VOR/DME NAVAIDs. Revoking the 
Alaskan V-489 would resolve the automated flight plan conflicts and 
reduce the complexity of route structures within Alaskan airspace. 
Further, unlike the Alaskan V-489, the domestic V-489 is routinely used 
by pilots in the New York and New Jersey area.

Incorporation by Reference

    Alaskan VOR Federal Airways are published in paragraph 6010(b) of 
FAA Order JO 7400.11, Airspace Designations and Reporting Points, which 
is incorporated by reference in 14 CFR 71.1 on an annual basis. This 
document amends the current version of that order, FAA Order JO 
7400.11G, 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. These amendments will be published in the 
next update to FAA Order JO 7400.11.
    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 Alaskan VOR Federal 
airway V-489 in its entirety. The domestic VOR Federal airway V-489 
remains unchanged.

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 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 
only affects air traffic procedures and air navigation, it is certified 
that this rule, when promulgated, does 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 the action revoking Alaskan VOR Federal 
Airway V-489 in Galena, AK, 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-

[[Page 30220]]

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 5-6.5.i., which 
categorically excludes from further environmental impact review the 
establishment of new or revised air traffic control procedures 
conducted at 3,000 feet or more above ground level (AGL); procedures 
conducted below 3,000 feet AGL that do not cause traffic to be 
routinely routed over noise sensitive areas; modifications to currently 
approved procedures conducted below 3,000 feet AGL that do not 
significantly increase noise over noise sensitive areas; and increases 
in minimum altitudes and landing minima, 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.

Lists 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-489 [Remove]

* * * * *

    Issued in Washington, DC, on May 4, 2023.
Brian Konie,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-09876 Filed 5-10-23; 8:45 am]
BILLING CODE 4910-13-P