Revocation of Colored Federal Airway Blue 38 (B-38) and Blue 40 (B-40); Haines, AK, 30895-30896 [2023-10311]

Download as PDF Federal Register / Vol. 88, No. 93 / Monday, May 15, 2023 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2022–1769; Airspace Docket No. 22–AAL–8] RIN 2120–AA66 Revocation of Colored Federal Airway Blue 38 (B–38) and Blue 40 (B–40); Haines, AK Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This action revokes Colored Federal airways Blue 38 (B–38) and Blue 40 (B–40) in the vicinity of Haines, AK due to the pending decommissioning of the Haines (HNS) Non-directional Beacon (NDB). 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/. 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: ddrumheller on DSK120RN23PROD with RULES1 SUMMARY: 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, VerDate Sep<11>2014 16:11 May 12, 2023 Jkt 259001 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 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 NPRM for Docket No. FAA–2022–1769 in the Federal Register (88 FR 5282; January 27, 2023), proposing to revoke Colored Federal airways B–38 and B–40 in the vicinity of Haines, AK due to the pending decommissioning of the Haines, AK, NDB. Interested parties were invited to participate in this rulemaking effort by submitting comments to 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 revoking Colored Federal airways B–38 and B–40. The FAA is taking this action due to the pending decommissioning of the Haines, AK, NDB. 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 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 30895 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 airways B–38 and B–40 in the vicinity of Haines, 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, 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). 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 1. The authority citation for 14 CFR part 71 continues to read as follows: ■ E:\FR\FM\15MYR1.SGM 15MYR1 30896 Federal Register / Vol. 88, No. 93 / Monday, May 15, 2023 / Rules and Regulations 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(d) Airways. * * * Colored Federal * * * * B–38 [Remove] B–40 [Remove] * * * Issued in Washington, DC, on May 10, 2023. Brian Konie, Acting Manager, Airspace Rules and Regulations. Steven Roff, Rules and Regulations Group, Office of Policy, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267–8783. BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2023–0501; Airspace Docket No. 23–AWP–3] RIN 2120–AA66 Amendment of Very High Frequency (VHF) Omnidirectional Range (VOR) Federal Airways V–6, V–338, V–494, and United States Area Navigation (RNAV) Route T–331 Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This action amends the Very High Frequency (VHF) Omnidirectional Range (VOR) Federal airways V–6, V– 338, V–494, and United States Area Navigation (RNAV) route T–331 descriptions to reflect the Squaw Valley, CA, VOR/Distance Measuring Equipment (DME) navigational aid (NAVAID) name changing to the Palisades, CA, VOR/DME. This action only makes editorial amendments to the affected Air Traffic Service (ATS) routes listed above, it does not change the NAVAID identifier (SWR), the ATS route structures, or the Fixes and waypoints on the routes. 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 ddrumheller on DSK120RN23PROD with RULES1 VerDate Sep<11>2014 16:11 May 12, 2023 Jkt 259001 A copy of 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. ADDRESSES: FOR FURTHER INFORMATION CONTACT: [FR Doc. 2023–10311 Filed 5–12–23; 8:45 am] SUMMARY: Order JO 7400.11 and publication of conforming amendments. 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 VOR Federal airway V–6, V–338, and V–494, and RNAV route T–331 descriptions. Incorporation by Reference Domestic VOR Federal airways and United States Area Navigation Routes are published in paragraphs 6010 and 6011, respectively, 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. PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 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 updating references to the Squaw Valley, CA, VOR/DME in VOR Federal airways V–6, V–338, V–494, and RNAV route T–331 descriptions with its new name, the Palisades, CA, VOR/DME. This action is necessary in order to reflect the NAVAID name change of the Squaw Valley VOR/DME to the Palisades VOR/DME being made in the National Airspace System Resource database concurrent with the effective date of this rule. This is an editorial change only and does not change the affected ATS route structures or the location of any Fixes or waypoints on the routes. Therefore, notice and public procedures under 5 U.S.C. 553(b) are unnecessary. 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 editorial amendments to the descriptions of VOR Federal airways V– 6, V–338, V–494, and RNAV route T– 331 are due to the Squaw Valley, CA, VOR/DME navigational aid (NAVAID) name changing to the Palisades, CA, VOR/DME. 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, E:\FR\FM\15MYR1.SGM 15MYR1

Agencies

[Federal Register Volume 88, Number 93 (Monday, May 15, 2023)]
[Rules and Regulations]
[Pages 30895-30896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10311]



[[Page 30895]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1769; Airspace Docket No. 22-AAL-8]
RIN 2120-AA66


Revocation of Colored Federal Airway Blue 38 (B-38) and Blue 40 
(B-40); Haines, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action revokes Colored Federal airways Blue 38 (B-38) and 
Blue 40 (B-40) in the vicinity of Haines, AK due to the pending 
decommissioning of the Haines (HNS) Non-directional Beacon (NDB).

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/. 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 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 NPRM for Docket No. FAA-2022-1769 in the 
Federal Register (88 FR 5282; January 27, 2023), proposing to revoke 
Colored Federal airways B-38 and B-40 in the vicinity of Haines, AK due 
to the pending decommissioning of the Haines, AK, NDB. Interested 
parties were invited to participate in this rulemaking effort by 
submitting comments to 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 revoking Colored Federal 
airways B-38 and B-40. The FAA is taking this action due to the pending 
decommissioning of the Haines, AK, NDB.

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 airways B-38 and B-40 in the vicinity of Haines, 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, 
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).

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:


[[Page 30896]]


    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(d) Colored Federal Airways.

* * * * *

B-38 [Remove]

B-40 [Remove]

* * * * *

    Issued in Washington, DC, on May 10, 2023.
Brian Konie,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-10311 Filed 5-12-23; 8:45 am]
BILLING CODE 4910-13-P
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