[Federal Register Volume 89, Number 95 (Wednesday, May 15, 2024)]
[Rules and Regulations]
[Pages 42344-42345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10065]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-2103; Airspace Docket No. 22-AAL-24]
RIN 2120-AA66


Revocation of Colored Federal Airway Blue 3 (B-3) in Western 
Alaska

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revokes Colored Federal Airway B-3 in Western 
Alaska. The FAA is taking this action due to the pending 
decommissioning of the Aniak, Anvik, North River, Norton Bay, Hotham, 
and Noatak Nondirectional Radio Beacons (NDB) in Alaska.

DATES: Effective date 0901 UTC, July 11, 2024. 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 7400.11H, 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.

[[Page 42345]]


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 Air Traffic Service (ATS) route structure 
as necessary to preserve the safe and efficient flow of air traffic 
within the National Airspace System.

History

    The FAA published a NPRM for Docket No. FAA 2023-2103 in the 
Federal Register (88 FR 71784; October 18, 2023), proposing to revoke 
B-3 in Western Alaska. 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 
7400.11H, dated August 11, 2023, and effective September 15, 2023. FAA 
Order JO 7400.11H 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 7400.11H 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 B-3, in its entirety, in western Alaska. The FAA is taking this 
action due to the pending decommissioning of the Aniak, Anvik, North 
River, Norton Bay, Hotham, and Noatak NDBs in Alaska. The 
decommissioning of these NDBs will leave B-3 unusable.

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 this airspace action of revoking 
Colored Federal Airway B-3 in western Alaska qualifies for categorical 
exclusion under the National Environmental Policy Act (42 U.S.C. 
Sec. Sec.  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.

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

Paragraph 6009(d) Blue Federal Airways.

* * * * *

B-3 [Remove]

* * * * *

    Issued in Washington, DC, on May 3, 2024.
Frank Lias,
Manager, Rules and Regulations Group.
[FR Doc. 2024-10065 Filed 5-14-24; 8:45 am]
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