[Federal Register Volume 89, Number 35 (Wednesday, February 21, 2024)]
[Rules and Regulations]
[Pages 12953-12954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03483]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2023-1147; Airspace Docket No. 22-AAL-55]
RIN 2120-AA66
Amendment of Alaskan Very High Frequency Omnidirectional Range
(VOR) Federal Airway V-333 in the Vicinity of Shishmaref, AK, and
Revocation of Alaskan VOR Federal Airway V-401 in the Vicinity of
Ambler, AK
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action amends Alaskan Very High Frequency Omnidirectional
Range (VOR) Federal Airway V-333 and revokes Alaskan VOR Federal Airway
V-401. The FAA is taking this action due to the pending decommissioning
of the Shishmaref, AK, and Ambler, AK, Nondirectional Radio Beacons
(NDB). The identifier V-333 is also used as an identifier for Domestic
VOR Federal Airway V-333 in the vicinity of Rome, GA. The identifier V-
401 is also used as an identifier for Domestic VOR Federal Airway V-401
in the vicinity of Worland, WY. This airspace action only pertains to
the Alaskan V-333 and V-401. The V-333 near Rome, GA and V-401 near
Worland, WY, are not affected by this airspace action.
DATES: Effective date 0901 UTC, May 16, 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 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 2023-1147 in the
Federal Register (88 FR 54251; August 10, 2023), proposing to amend V-
333 and to revoke V-401 in 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
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. 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 amending Alaskan VOR Federal
Airway V-333 and revoking Alaskan VOR Federal Airway V-401, in its
entirety, in the state of Alaska.
V-333: Prior to this final rule, Alaskan VOR Federal Airway V-333
extended between the Hooper Bay, AK, VOR/Distance Measuring Equipment
(DME), the Nome, AK, VOR/DME, and the Shishmaref, AK, Nondirectional
Radio Beacon (NBD). The airway segment between the Nome VOR/DME and the
Shishmaref NBD is removed. As amended, the airway is now changed to
extend between the Hooper Bay VOR/DME and the Nome VOR/DME.
V-401: Prior to this final rule, Alaskan VOR Federal Airway V-401
extended between the Ambler, AK, NDB, the Kotzebue, AK, VOR/DME, and
the Shishmaref, AK, NDB. The airway is removed in its entirety.
The identifier V-333 is also used as an identifier for Domestic VOR
Federal Airway V-333 in the vicinity of Rome, GA. The identifier V-401
is also used as an identifier for Domestic VOR Federal Airway V-401 in
the vicinity of Worland, WY. This airspace action only pertains to the
Alaskan V-333 and V-401. The V-333 near Rome, GA and V-401 near
Worland, WY, are not affected by this airspace action.
[[Page 12954]]
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 amending
Alaskan VOR Federal Airway V-333 and revoking Alaskan VOR Federal
Airway V-401 in Alaska 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-
6.5i, establishment of new or revised air traffic control procedures
conducted at 3,000 feet or more above ground level (AGL); procedures
conducted below 3,000 feet AGL that do not cause traffic to be
routinely routed over noise sensitive areas; modifications to currently
approved procedures conducted below 3,000 feet AGL that do not
significantly increase noise over noise sensitive areas, and increases
in minimum altitudes and landing minima. For modifications to air
traffic procedures at or above 3,000 feet AGL, the Noise Screening Tool
(NST) or other FAA-approved environmental screening methodology should
be applied. 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 6010(b) Alaskan VOR Federal Airways.
* * * * *
V-333 [Amended]
From Hooper Bay, AK; to Nome, AK.
* * * * *
V-401 [Removed]
* * * * *
Issued in Washington, DC, on February 14, 2024.
Brian Eric Konie,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2024-03483 Filed 2-20-24; 8:45 am]
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