[Federal Register Volume 88, Number 95 (Wednesday, May 17, 2023)]
[Rules and Regulations]
[Pages 31474-31475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10435]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1267; Airspace Docket No. 22-AAL-23]
RIN 2120-AA66


Revocation of Federal Colored Airway A-9; Bettles, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action removes Colored Federal airway Amber 9 (A-9) due 
to the planned decommissioning of the Evansville, AK (EAV), Non-
Directional Beacon (NDB), which provides navigation guidance for the 
affected route. The EAV, NDB is scheduled to be decommissioned 
effective on June 15, 2023.

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/. 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: Paul Gallant, 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 amends the route structure in Alaska to maintain the 
efficient flow of air traffic within the National Airspace System.

History

    The FAA published a NPRM for Docket No. FAA-2022-1267 in the 
Federal Register (87 FR 65544; October 31, 2022), removing Colored 
Federal airway A-9 in the vicinity of Bettles, AK, due to the 
decommissioning the EAV, NDB. Interested parties were invited to 
participate in this rulemaking effort by submitting written comments on 
the proposal. No comments were received.

Incorporation by Reference

    Colored Federal airways are published in paragraph 6009 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 removing Colored Federal 
airway A-9 in the vicinity of Bettles, AK, due to the decommissioning 
of the EAV, NDB. The existing Very High Frequency (VHF) Omnidirectional 
Range (VOR) Federal airway V-444, and United States Area Navigation 
(RNAV) route T-232 provide alternative routes to A-9.

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 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 his action of removing Colored Federal 
airway A-9 due to the planned decommissioning of the Evansville, AK 
(EAV), NDB in the vicinity of Bettles, 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 5-6.5a, which categorically excludes from further 
environmental impact review rulemaking actions that designate or modify 
classes of airspace areas,

[[Page 31475]]

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 Colored Federal Airways.

* * * * *

A-9 [Removed]

* * * * *

    Issued in Washington, DC, on May 11, 2023.
Brian Konie,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-10435 Filed 5-16-23; 8:45 am]
BILLING CODE 4910-13-P