[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Rules and Regulations]
[Pages 76122-76123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24353]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2023-0916; Airspace Docket No. 22-AAL-85]
RIN 2120-AA66
Revocation of Alaskan Very High Frequency Omnidirectional Range
(VOR) Federal Airway V-318; Level Island, AK
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action revokes Alaskan VOR Federal Airway V-318 in the
vicinity of Level Island, AK. The FAA is taking this action due to the
airway's lack of use.
DATES: Effective date 0901 UTC, January 25, 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.
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).
History
The FAA published an NPRM for Docket No. FAA 2023-0916 in the
Federal Register (88 FR 23597; April 18, 2023), proposing to revoke
Alaskan VOR Federal Airway V-318. Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal. No comments were received.
Incorporation by Reference
Alaskan VOR Federal Airways are published in paragraph 6010 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.
These updates will 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.
The Rule
This action amends 14 CFR part 71 by revoking Alaskan VOR Federal
Airway V-318 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 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 action of revoking Federal Airway
V-318 and replacing it with existing route T-269 in the vicinity of
Level Island, 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 5-6.5.k., 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 in any potentially significant
[[Page 76123]]
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 prepared of the
environmental impact statement.
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:
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 6010(b) Alaskan VOR Federal Airways
* * * * *
V-318 [Remove]
* * * * *
Issued in Washington, DC, on September 25, 2023.
Karen L. Chiodini,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2023-24353 Filed 11-3-23; 8:45 am]
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