
[Federal Register: April 6, 2009 (Volume 74, Number 64)]
[Proposed Rules]               
[Page 15403-15404]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ap09-16]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0229; Airspace Docket No. 09-ASO-13]
RIN 2120-AA66

 
Proposed Revocation of VOR Federal Airway V-329; Alabama-Florida

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to revoke very high frequency 
omnidirectional range (VOR) Federal airway V-329, which extends between 
Montgomery, AL and the Crestview, FL, area. Revocation of the route is 
being proposed because a navigation aid that forms a segment of V-329 
is planned for decommissioning due to recurring outages and maintenance 
problems.

DATES: Comments must be received on or before May 21, 2009.

ADDRESSES: Send comments on this 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; 
telephone: (202) 366-9826. You must identify FAA Docket No. FAA-2009-
0229 and Airspace Docket No. 09-ASO-13 at the beginning of your 
comments. You may also submit comments through the Internet at http://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace and Rules 
Group, Office of System Operations Airspace 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 Docket No. 
FAA-2009-0229 and Airspace Docket No. 09-ASO-13) 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 FAA Docket No. FAA-2009-0229 and Airspace Docket No. 09-ASO-13.'' 
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

[[Page 15404]]

may also be examined during normal business hours at the office of the 
Eastern Service Center, Operations Support Group, Federal Aviation 
Administration, Room 210, 1701 Columbia Ave., College Park, GA 30337.
    Persons interested in being placed on a mailing list for future 
NPRM's 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 Title 14, Code of Federal 
Regulations (14 CFR) part 71 to revoke VOR Federal airway V-329 which 
extends between the Montgomery, AL, very high frequency omnidirectional 
range/tactical air navigation (VORTAC) aid and the vicinity of 
Crestview, FL. The Andalusia, AL, VOR, which is used to form segments 
of V-329, is owned and operated by the U.S. Army. Due to recurring 
outages and maintenance issues, the U.S. Army requested to decommission 
the Andalusia, AL, VOR. This action would render V-329 unusable. The 
FAA has conducted an aeronautical study of the request and determined 
that decommissioning the Andalusia VOR would not adversely impact 
National Airspace System operations. An alternative route, V-115, 
currently extends between the Crestview, FL, VORTAC and the Montgomery, 
AL, VORTAC.
    VOR Federal airways are published in paragraph 6010 of FAA Order 
7400.9S signed October 3, 2008 and effective October 31, 2008, which is 
incorporated by reference in 14 CFR 71.1. The VOR Federal airway listed 
in this document would be deleted subsequently from the Order.
    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 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 required to preserve the safe and 
efficient flow of air traffic.

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 and 311b. 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.

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 amended as follows:

Paragraph 6010 VOR Federal airways.

* * * * *

V-329 [Removed]

* * * * *


    Issued in Washington, DC, on March 27, 2009.
Edith V. Parish,
Manager, Airspace & Rules Group.
 [FR Doc. E9-7679 Filed 4-3-09; 8:45 am]

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