[Federal Register Volume 88, Number 136 (Tuesday, July 18, 2023)]
[Rules and Regulations]
[Pages 45810-45811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15204]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1796; Airspace Docket No. 22-AAL-30]
RIN 2120-AA66


Revocation of Colored Federal Airway Red 39 (R-39); Bethel, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revokes Colored Federal airway Red 39 (R-39) in 
the vicinity of Bethel, AK, due to the pending decommissioning of the 
Oscarville (OSE) Non-directional Beacon (NDB), Takotna River NDB (VTR), 
and Ice Pool NDB (ICW) in Alaska.

DATES: Effective date 0901 UTC, October 5, 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 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 for Docket No. 
FAA 2022-1796 in the Federal Register (88 FR 5823; January 30, 2023),

[[Page 45811]]

proposing to revoke Colored Federal airway R-39 in the vicinity of 
Bethel, AK. Interested parties were invited to participate in this 
rulemaking effort by submitting written comments on the proposal to the 
FAA. 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 revoking Colored Federal 
airway R-39 in the vicinity of Bethel, AK due to the decommissioning of 
the OSE, VTR, and ICW NDBs. R-39 currently navigates between OSE and 
ICW. This action revokes R-39 in its entirety.

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 the revoking of Colored Federal Airway 
R-39 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.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of 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.

* * * * *

R-39 [Removed]

* * * * *

    Issued in Washington, DC, on July 12, 2023.
Karen Chiodini,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-15204 Filed 7-17-23; 8:45 am]
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