
[Federal Register: June 7, 2010 (Volume 75, Number 108)]
[Proposed Rules]               
[Page 32117-32119]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jn10-7]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0365; Airspace Docket No. 10-AAL-12]
RIN 2120-AA66

 
Proposed Amendment of Colored Federal Airway B-38; Alaska

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Colored Federal Airway Blue 38 
(B-38), in Alaska. Specifically this action would remove a segment of 
B-38 from Haines Non-directional Beacon (NDB) to the Whitehorse, Yukon 
Territories Canada (XY NDB). The FAA is proposing this action in 
preparation of the eventual decommissioning of XY NDB by the Canadian 
Air Authority NAV CANADA.

DATES: Comments must be received on or before July 22, 2010.

[[Page 32118]]


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-2010-
0365 and Airspace Docket No. 10-AAL-12 at the beginning of your 
comments. You may also submit comments through the Internet at http://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ken McElroy, 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-2010-0365 and Airspace Docket No. 10-AAL-12) 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-2010-0365 and Airspace Docket No. 10-AAL-12.'' 
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/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 Alaskan Service Center, Operations Support Group, Federal 
Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 
99513.
    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 Title 14 Code of Federal 
Regulations (14 CFR) part 71 to amend Colored Federal Airway B-38, 
Alaska, by terminating the airway at the HNS NDB, AK, instead of the XY 
NDB, Canada. The Canadian Air Authority NAV CANADA recently conducted a 
study to determine the feasibility of keeping the XY NDB operational. 
NAV CANADA determined it is no longer feasible and will be 
decommissioning the XY NDB.
    Blue Federal Airways are published in paragraph 6009(d) of FAA 
Order 7400.9T, signed August 27, 2009 and effective September 15, 2009, 
which is incorporated by reference in 14 CFR 71.1. The Colored Federal 
Airway listed in this document will be published subsequently in 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 a Colored Federal Airway in Alaska.

Environmental Review

    This proposal will be subject to an environmental analysis in 
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies 
and Procedures,'' prior to any FAA final regulatory action.

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 
7400.9T, Airspace Designations and Reporting Points, signed August 27, 
2009, and effective September 15, 2009, is to be amended as follows:

Paragraph 6009 (d) Blue Federal Airways.
* * * * *

B-38 [Amended]

From Elephant, AK, NDB, to Haines, AK, NDB.



[[Page 32119]]


    Issued in Washington, DC, on May 26, 2010.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. 2010-13592 Filed 6-4-10; 8:45 am]
BILLING CODE 4910-13-P

