
[Federal Register: December 10, 2008 (Volume 73, Number 238)]
[Proposed Rules]               
[Page 75013-75015]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10de08-20]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0940; Airspace Docket No. 08-AAL-25]

 
Proposed Removal and Modification of VOR Federal Airways; Alaska

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to remove Federal Airway V-328, and 
modify three Federal Airways, V-319, V-333 and V-480, in Alaska. The 
FAA is proposing this action in preparation of the eventual 
decommissioning from the National Airspace System (NAS) of the Kipnuk, 
Very High Ommi-directional Range (VOR), Kipnuk, AK.

DATES: Comments must be received on or before January 26, 2009.

ADDRESSES: Send comments on the proposal to the U.S. Department of 
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue, SE., 
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. 
You must identify the docket number FAA-2008-0940 and Airspace Docket 
No. 08-AAL-25, at the beginning of your comments. You may also submit 
comments on the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules Group, 
Office of System Operations Airspace

[[Page 75014]]

and AIM, Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, DC 20591; telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION: 

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-2008-0940 
and Airspace Docket No. 08-AAL-25) 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 
http://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 Docket No. FAA-2008-0940 and Airspace Docket No. 08-AAL-25.'' The 
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date 
for comments 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 closing date 
for comments. A report summarizing each substantive public contact with 
FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the 
Internet at http://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's Web page at http://
www.faa.gov/airports_airtraffic/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 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. An 
informal docket may also be examined during normal business hours at 
the office of the Regional Air Traffic Division, Federal Aviation 
Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587.
    Persons interested in being placed on a mailing list for future 
NPRMs should contact the FAA's Office of Rulemaking, (202) 267-9677, 
for a copy of Advisory Circular No. 11-2A, Notice of Proposed 
Rulemaking Distribution System, which describes the application 
procedure.

The Proposal

    The FAA is proposing an amendment to the Code of Federal 
Regulations (14 CFR Part 71), that proposes to revoke one Federal 
Airway V-328, and modify three Federal Airways, V-319, V-333 and V-480 
in Alaska. The FAA is proposing this action to remove all airways off 
the Kipnuk, Very High Ommi-directional Range (VOR), Kipnuk, AK, in 
preparation for the VOR's eventual decommissioning from the National 
Airspace System (NAS). The portion of the Victor airways that are 
attached to the Kipnuk VOR are proposed to be removed. Two airways (V-
319 and V-333) have the Kipnuk VOR supporting one segment of the 
airway, and will simply be shortened. One airway (V-480) would be 
modified to remove the Kipnuk from the description. However, three Area 
Navigation (RNAV) low altitude T routes will be revised in another 
airspace action to continue IFR service on routing along the same 
tracks as all four affected airways. The Kipnuk VOR decommissioning 
proposal was publicly advertised in non-rulemaking case numbers 02-AAL-
31NR and 06-AAL-32NR. After receiving public comment, the FAA decided 
that keeping or moving the VOR was not feasible and that it should be 
decommissioned.
    The justification addressed these areas; the VOR was only being 
used to support enroute airway operations, and village construction 
adjacent to the VOR's location in the Village of Kipnuk was encroaching 
on and degrading the VOR's signal in many quadrants. Additionally, the 
instrument approaches servicing the airport at Kipnuk are RNAV 
approaches, which do not utilize the Kipnuk VOR. This action would be 
timed to coincide with the planned navigation aid decommissioning for 
July 2, 2009. One Victor airway (V-480) that passes over the Village of 
Kipnuk, will remain between Bethel (BET), AK, and Saint Paul Island 
(SPY) Nondirectional Beacon, AK, if that airway passes the flight 
inspection. The T route revisions mentioned above will be announced in 
a separate airspace action, that will also coincide with the July 2, 
2009, VOR decommissioning date. The intended effect of this proposal is 
to revise three Victor Airways and revoke one Victor Airway when the 
Kipnuk (IIK) VOR is decommissioned on July 2, 2009.
    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. 
Therefore, this proposed regulation: (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.
    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle 1, 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 1, Section 40103. Under that section, the 
FAA is charged with prescribing regulations to assign the use of the 
airspace necessary to endure the safety of aircraft and the efficient 
use of airspace. This regulation is within the scope of that authority 
as it revokes and modifies VOR Federal Airways in Alaska.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1E, ``Environmental Impacts: Policies and 
Procedures,'' paragraph 311a. This airspace action is not expected to 
cause any potentially significant environmental impacts, and no 
extraordinary circumstances exist that warrant preparation of an 
environmental assessment.

[[Page 75015]]

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

    1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.


Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 
7400.9S, Airspace Designations and Reporting Points, signed October 3, 
2008, and effective October 31, 2008, is to be amended as follows:

Paragraph 6010(b) Alaskan VOR Federal Airways.

* * * * *

V-319 [Amended]

    From Yakutat, AK, via Johnstone Point, AK, INT Johnstone Point 
286[deg] and Anchorage, AK, 117[deg] radials; Anchorage, AK; 
Sparrevohn, AK; Bethel, AK; Hooper Bay, AK; to Nanwak, AK NDB.
* * * * *

V-333 [Amended]

    From Hooper Bay, AK; Nome, AK; to Shishmaref, AK.
* * * * *

V-328 [Removed]

* * * * *

V-480 [Amended]

    From Mt. Moffett, AK, NDB, 20 AGL via St. Paul Island, AK, NDB, 
20 AGL; Bethel, AK; McGrath, AK; Nenana, AK; to Fairbanks, AK.
* * * * *

    Issued in Washington, DC, on November 25, 2008.
Edith V. Parish,
Manager, Airspace and Rules Group.
 [FR Doc. E8-29239 Filed 12-9-08; 8:45 am]

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