Proposed Revocation of Colored Federal Airway Red 39 (R-39); Bethel, AK, 5823-5824 [2023-01791]

Download as PDF Federal Register / Vol. 88, No. 19 / Monday, January 30, 2023 / Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2022–1796; Airspace Docket No. 22–AAL–30] RIN 2120–AA66 Proposed Revocation of Colored Federal Airway Red 39 (R–39); Bethel, AK Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: This action proposes to revoke 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. SUMMARY: Comments must be received on or before March 16, 2023. ADDRESSES: Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12–140, Washington, DC 20590; telephone: (800) 647–5527, or (202) 366–9826. You must identify FAA Docket No. FAA–2022– 1796; Airspace Docket No. 22–AAL–30 at the beginning of your comments. You may also submit comments through the internet at www.regulations.gov. 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: 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: DATES: lotter on DSK11XQN23PROD with PROPOSALS1 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 VerDate Sep<11>2014 16:58 Jan 27, 2023 Jkt 259001 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 Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers (FAA Docket No. FAA– 2022–1796; Airspace Docket No. 22– AAL–30) and be submitted in triplicate to the Docket Management Facility (see ADDRESSES section for address and phone number). You may also submit comments through the internet at www.regulations.gov. Commenters wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed, stamped postcard on which the following statement is made: ‘‘Comments to FAA Docket No. FAA–2022–1796; Airspace Docket No. 22–AAL–30.’’ The postcard will be date/time stamped and returned to the commenter. All communications received on or before the specified comment closing date will be considered before taking action on the proposed rule. The proposal contained in this action may be changed in light of comments received. All comments submitted will be available for examination in the public docket both before and after the comment closing date. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket. Availability of NPRM An electronic copy of this document may be downloaded through the internet at www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA’s web page at www.faa.gov/air_ PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 5823 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 and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. 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. Availability and Summary of Documents for Incorporation by Reference This document proposes to amend FAA Order JO 7400.11G, Airspace Designations and Reporting Points, 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. FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points. Background The aviation industry/users have indicated a desire for the FAA to transition the Alaskan en route navigation structure away from the dependency on NDBs. Advances in technology have allowed for alternate navigation methods to support decommissioning of high-cost groundbased navigation equipment. The FAA conducted a non-rulemaking study in accordance with FAA Order JO 7400.2, Procedures for Handling Airspace Matters in 2020 and 2021 on OSE, VTR, and ICW due to the ongoing high cost of maintenance and repairs. Interested parties were invited to participate in this effort by submitting comments on the proposal. As a result of the study, there were no objections received. The FAA added OSE, VTR, and ICW to the schedule to be decommissioned. Colored Federal airway R–39 extends between OSE and ICW. The decommissioning of OSE and ICW would render this route unusable. This proposal would revoke R–39 in its entirety. The mitigation to the loss of R– 39 is currently in place with Very High Frequency (VHF) Omnidirectional Range (VOR) Federal airway V–480 and United States Navigational (RNAV) route T–222 overlying or paralleling the entire route. E:\FR\FM\30JAP1.SGM 30JAP1 5824 Federal Register / Vol. 88, No. 19 / Monday, January 30, 2023 / Proposed Rules The Proposal The FAA is proposing an amendment to 14 CFR part 71 to revoke Colored Federal airway R–39 in the vicinity of Bethel, AK due to the decommissioning of the OSE, VTR, ICW NDBs. R–39 currently navigates between OSE and ICW. The FAA proposes to revoke R–39 in its entirety. Colored Federal airways are published in paragraph 6009(d) of FAA Order JO 7400.11G dated August 19, 2022 and effective September 15, 2022, which is incorporated by reference in 14 CFR 71.1. The Colored Federal airway listed in this document would be removed subsequently in FAA Order JO 7400.11. FAA Order JO 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15. 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. lotter on DSK11XQN23PROD with PROPOSALS1 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: VerDate Sep<11>2014 16:58 Jan 27, 2023 Jkt 259001 PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 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. § 71.1 [Amended] 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(b) Airways. * * * Colored Federal * * * * R–39 [Remove] * * * Issued in Washington, DC, on January 24, 2023. Brian Konie, Acting Manager, Airspace Rules and Regulations. [FR Doc. 2023–01791 Filed 1–27–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2022–0978] RIN 1625–AA00 Safety Zone; Restricted Visibility in Tampa Bay; Tampa Bay, Tampa, FL Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to revise an existing safety zone regulation in Tampa Bay within the geographic boundaries of the Captain of the Port (COTP) St. Petersburg Zone. The proposed change is designed to align the coordinates in the regulation with the coordinates needed to properly control traffic in cases of restricted visibility in Tampa Bay. The current coordinates do not reflect the safety zones that the Coast Guard intended to put in place. The Coast Guard invites your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before March 1, 2023. ADDRESSES: You may submit comments identified by docket number USCG– SUMMARY: PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 2022–0978 using the Federal Decision Making Portal at https:// www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions about this proposed rulemaking, call or email Marine Science Technician First Class Regina L. Cuevas, Sector St. Petersburg Prevention Department, Coast Guard; telephone (813) 228–2191, email Regina.L.Cuevas@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background, Purpose, and Legal Basis On June 26, 2015, the Coast Guard published a final rule entitled, ‘‘Safety Zones, St. Petersburg Captain of the Port Zone.1 ’’ This action was taken to establish safety zones that restrict port operations in the event of reduced or restricted visibility, or during natural disasters, e.g. hurricanes, and establish safety zones around firework platforms, structures or barges during the storage, preparation, and launching of fireworks. This final rule established seven zones that could be used to direct vessel movement in times of restricted visibility. In 2022, it was brought to the attention of the Seventh Coast Guard District that the safety zones listed in 33 CFR 165.782(a)(4) and (a)(5) did not reflect the zones that were needed for the Captain of the Port (COTP) to properly control vessel movement in times of reduced visibility. More specifically, the errors were discovered in the first coordinate of zone 4 in § 165.782(a)(4) and the second coordinate of zone 5 in § 165.782(a)(5). With this proposed rule, the Coast Guard is correcting the points needed by the COTP to ensure safety amongst all port users, particularly in time of reduced visibility. The Coast Guard is proposing this rulemaking under authority in 46 U.S.C. 70034. III. Discussion of Proposed Rule This rule is proposing to modify zones 4 and 5 listed in § 165.782(a)(4) and (a)(5) to align with the zones that were intended by the COTP, and are 1 80 E:\FR\FM\30JAP1.SGM FR 36716. 30JAP1

Agencies

[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Proposed Rules]
[Pages 5823-5824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01791]



[[Page 5823]]

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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


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This action proposes to revoke 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: Comments must be received on or before March 16, 2023.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West 
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone: 
(800) 647-5527, or (202) 366-9826. You must identify FAA Docket No. 
FAA-2022-1796; Airspace Docket No. 22-AAL-30 at the beginning of your 
comments. You may also submit comments through the internet at 
www.regulations.gov.
    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: 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

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments as they 
may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No. 
FAA-2022-1796; Airspace Docket No. 22-AAL-30) and be submitted in 
triplicate to the Docket Management Facility (see ADDRESSES section for 
address and phone number). You may also submit comments through the 
internet at www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments 
on this action must submit with those comments a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to FAA Docket No. FAA-2022-1796; Airspace Docket No. 22-AAL-30.'' The 
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment 
closing date will be considered before taking action on the proposed 
rule. The proposal contained in this action may be changed in light of 
comments received. All comments submitted will be available for 
examination in the public docket both before and after the comment 
closing date. A report summarizing each substantive public contact with 
FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRM

    An electronic copy of this document may be downloaded through the 
internet at 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 and phone number) between 
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal 
holidays. 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.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11G, Airspace 
Designations and Reporting Points, 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. FAA Order JO 7400.11G 
lists Class A, B, C, D, and E airspace areas, air traffic service 
routes, and reporting points.

Background

    The aviation industry/users have indicated a desire for the FAA to 
transition the Alaskan en route navigation structure away from the 
dependency on NDBs. Advances in technology have allowed for alternate 
navigation methods to support decommissioning of high-cost ground-based 
navigation equipment. The FAA conducted a non-rulemaking study in 
accordance with FAA Order JO 7400.2, Procedures for Handling Airspace 
Matters in 2020 and 2021 on OSE, VTR, and ICW due to the ongoing high 
cost of maintenance and repairs. Interested parties were invited to 
participate in this effort by submitting comments on the proposal. As a 
result of the study, there were no objections received. The FAA added 
OSE, VTR, and ICW to the schedule to be decommissioned.
    Colored Federal airway R-39 extends between OSE and ICW. The 
decommissioning of OSE and ICW would render this route unusable. This 
proposal would revoke R-39 in its entirety. The mitigation to the loss 
of R-39 is currently in place with Very High Frequency (VHF) 
Omnidirectional Range (VOR) Federal airway V-480 and United States 
Navigational (RNAV) route T-222 overlying or paralleling the entire 
route.

[[Page 5824]]

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to revoke 
Colored Federal airway R-39 in the vicinity of Bethel, AK due to the 
decommissioning of the OSE, VTR, ICW NDBs. R-39 currently navigates 
between OSE and ICW. The FAA proposes to revoke R-39 in its entirety.
    Colored Federal airways are published in paragraph 6009(d) of FAA 
Order JO 7400.11G dated August 19, 2022 and effective September 15, 
2022, which is incorporated by reference in 14 CFR 71.1. The Colored 
Federal airway listed in this document would be removed subsequently in 
FAA Order JO 7400.11.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points, 
is published yearly and effective on September 15.

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:

    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(b) Colored Federal Airways.

* * * * *

R-39 [Remove]

* * * * *

    Issued in Washington, DC, on January 24, 2023.
Brian Konie,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-01791 Filed 1-27-23; 8:45 am]
BILLING CODE 4910-13-P
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