[Federal Register Volume 88, Number 244 (Thursday, December 21, 2023)]
[Proposed Rules]
[Pages 88281-88283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28029]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-2363 Airspace Docket No. 22-AAL-33]
RIN 2120-AA66


Revocation of Colored Federal Airway Amber 15 and Amendment of 
Alaskan Very High Frequency Omnidirectional Range Federal Airway V-428 
in Alaska

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to revoke Colored Federal airway Amber 15 
(A-15) within United States (U.S.) airspace due to the pending 
decommissioning of the Nabesna, Sumner Strait, Haines, and Nichols 
Nondirectional Radio Beacons (NDB) in Alaska. Additionally, this action 
proposes to amend Alaskan Very High Frequency Omnidirectional Range 
(VOR) Federal Airway V-428 due to the pending decommissioning of the 
Haines NDB.

DATES: Comments must be received on or before February 5, 2024.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-2363 and 
Airspace Docket No. 22-AAL-33 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow 
the online instructions for sending your comments electronically.
    * Mail: Send comments to Docket Operations, M-30; U.S. Department 
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West 
Building Ground Floor, Washington, DC 20590-0001.
    * Hand Delivery or Courier: Take comments to Docket Operations in 
Room W12-140 of the West Building Ground Floor at 1200 New Jersey 
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.
    * Fax: Fax comments to Docket Operations at (202) 493-2251.
    Docket: Background documents or comments received may be read at 
www.regulations.gov at any time. Follow the online instructions for 
accessing the docket or go to the Docket Operations in Room W12-140 of 
the West Building Ground Floor at 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    FAA Order JO 7400.11H, 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 would modify the route structure as necessary to 
preserve the safe and efficient flow of air traffic within the National 
Airspace System (NAS).

Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal. The most 
helpful comments reference a specific segment of the proposal, explain 
the reason for any recommended change, and include supporting data. To 
ensure the docket does not contain duplicate comments, commenters 
should submit only one time if comments are filed electronically, or 
commenters should send only one copy of written comments if comments 
are filed in writing.
    The FAA will file in the docket all comments it receives, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this proposed rulemaking. Before acting on this 
proposal, the FAA will consider all comments it receives on or before 
the closing date for comments. The FAA will consider comments filed 
after the comment period has closed if it is possible to do so without 
incurring expense or delay. The FAA may change this proposal in light 
of the comments it receives.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

Availability of Rulemaking Documents

    An electronic copy of this document may be downloaded through the 
internet at https://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's web page at 
www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any 
comments received and any final disposition in person in the Dockets 
Office (see ADDRESSES section for address, phone number, and hours of 
operations). An informal docket may also be examined during normal 
business hours at the office of the Operations Support Group, Western 
Service Center, Federal Aviation Administration, 2200 South 216th St., 
Des Moines, WA 98198.

Incorporation by Reference

    Colored Federal airways are published in paragraph 6009 and Alaskan 
VOR Federal airways are published in paragraph 6010 of FAA

[[Page 88282]]

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 proposes to amend the current version of that order, FAA Order 
JO 7400.11H, dated August 11, 2023, and effective September 15, 2023. 
These updates would be published in the next update to FAA Order JO 
7400.11. That order is publicly available as listed in the ADDRESSES 
section of this document.
    FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas, 
air traffic service routes, and reporting points.

Background

    In 2003, Congress enacted the Vision 100-Century of Aviation 
Reauthorization Act (Pub. L. 108-176), which established a joint 
planning and development office in the FAA to manage the work related 
to the Next Generation Air Transportation System (NextGen). Today, 
NextGen is an ongoing FAA-led modernization of the nation's air 
transportation system to make flying safer, more efficient, and more 
predictable.
    In support of NextGen, this proposal is part of an ongoing, large, 
and comprehensive T-route modernization project in the state of Alaska. 
The project mission statement states: ``To modernize Alaska's Air 
Traffic Service route structure using satellite-based navigation 
development of new T-routes and optimization of existing T-routes will 
enhance safety, increase efficiency and access, and will provide en 
route continuity that is not subject to the restrictions associated 
with ground-based airway navigation.'' As part of this project, the FAA 
evaluated the existing Colored Airway structure for: (a) direct 
replacement (i.e., overlay) with a T-route that offers a similar or 
lower Minimum En route Altitude (MEA) or Global Navigation Satellite 
System (GNSS) MEA; (b) the replacement of the colored airway with a T-
route in an optimized but similar geographic area, while retaining 
similar or lower MEA; or (c) removal with no route structure (T-route) 
restored in that area because the value was determined to be 
insignificant.
    The aviation industry/users have indicated a desire for the FAA to 
transition the Alaskan en route navigation structure away from 
dependency on NDBs and move to develop and improve the United States 
Area Navigation (RNAV) route structure.
    Colored Federal airway A-15 extends between the Ethelda, British 
Columbia (BC), Canada, NDB and the Delta Junction, AK, NDB, excluding 
the airspace within Canada.
    The decommissioning of the Nichols, Sumner Strait, and Haines NDBs 
in Alaska would render the segment of A-15 within U.S. airspace between 
the United Sates/Canadian border south of the Nichols NDB and the 
United States/Canadian border north of Haines NDB unusable. Mitigations 
to the loss of this segment are a combination of conventional airways 
and RNAV routes. Alternatives to the segment of A-15 between the United 
Sates/Canadian border and the Nichols NDB are nearby V-317 and V-309. 
Alternative routing between the Nichols NDB and the United States/
Canadian border north of the Haines NDB, are V-317, T-266, and T-481. 
T-266 was developed for routing from the Nichols NDB to the Haines NDB 
and T-481 was developed for routing from Haines to the United States/
Canadian border. T-266 and T-481 were developed to provide alternate 
routing in this area that avoids mountainous terrain and its associated 
weather by following the water channels along the Lynn Canal and 
Stephens Passage. This routing adds some mileage to the route but 
avoids the higher minimum enroute altitudes (MEA) and the dangers 
associated with overflying the mountain terrain.
    The decommissioning of the Nabesna, AK, NDB, would render the 
northern segment of A-15 within U.S. airspace between the United 
States/Canadian border and the Delta Junction NDB unusable. The loss of 
this segment is mitigated by the existence of V-444, T-232, and T-372.
    Alaskan VOR Federal Airway V-428 extends between the Biorka Island, 
AK, Very High Frequency Omnidirectional Range/Tactical Air Navigation 
(VORTAC) and Whitehorse, Yukon Territory (YT), Canada, VOR/distance 
measuring equipment (VOR/DME), excluding the airspace within Canada. 
With the decommissioning of the Haines NDB, a segment of V-428 would 
become unusable. The FAA is proposing to revoke the segment of V-428 
between the Sisters Island, AK, VORTAC and Whitehorse, YT, Canada, VOR/
DME within United States airspace. The loss of this airway is mitigated 
by an existing RNAV route, T-481, between the Sisters Island VORTAC and 
the Haines NDB, and T-266 between the Haines NDB and the United States/
Canadian border.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to revoke 
Colored Federal airway A-15 in its entirety and amend Alaskan VOR 
Federal Airway V-428 due to the pending decommissioning of supporting 
Navigational Aids (NAVAID).
    Colored Federal airway A-15 extends between the Ethelda, BC, 
Canada, NDB and the Delta Junction, AK, NDB, excluding the airspace 
within Canada. The FAA proposes to revoke Colored Federal airway A-15 
in its entirety.
    Alaskan VOR Federal Airway V-428 extends between the Biorka Island, 
AK, VORTAC and the Whitehorse, YT, Canada, VOR/DME, excluding the 
airspace within Canada. The FAA is proposing to revoke the segment of 
V-428 within U.S. airspace between the Sisters Island, AK, VORTAC and 
Whitehorse, YT, Canada, VOR/DME. As amended, V-428 would extend between 
the Biorka Island VORTAC and the Sisters Island VORTAC.

Regulatory Notices and Analyses

    The FAA has determined that this proposed 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 proposed 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

    This proposal will be subject to an environmental analysis in 
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies 
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 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:


[[Page 88283]]


    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 
7400.11H, Airspace Designations and Reporting Points, dated August 11, 
2023, and effective September 15, 2023, is amended as follows:

Paragraph 6009(c) Amber Federal Airways.

* * * * *

A-15 [Removed]

* * * * *

Paragraph 6010(b) Alaskan VOR Federal Airways.

* * * * *

V-428 [Amended]

    From Biorka Island, AK; to Sisters Island, AK.
* * * * *

    Issued in Washington, DC, on December 15, 2023.
Brian Konie,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2023-28029 Filed 12-20-23; 8:45 am]
BILLING CODE 4910-13-P