[Federal Register Volume 87, Number 39 (Monday, February 28, 2022)]
[Proposed Rules]
[Pages 10992-10994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04068]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0109; Airspace Docket No. 22-AAL-10]
RIN 2120-AA66


Proposed Revocation of Colored Federal Airway Blue 79 (B-79); 
Annette Island, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to revoke Colored Federal airway Blue 79 
(B-79) in the vicinity of Annette Island, AK due to the pending 
decommissioning of the Nichols, AK, (ICK) Non-directional Beacon (NDB).

DATES: Comments must be received on or before April 14, 2022.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West 
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone: 
1(800) 647-5527, or (202) 366-9826. You must identify FAA Docket No. 
FAA-2022-0109; Airspace Docket No. 22-AAL-10 at the beginning of your 
comments. You may also submit comments through the internet at https://www.regulations.gov.
    FAA Order JO 7400.11F, Airspace Designations and Reporting Points, 
and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the 
Rules and Regulations Group, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. FAA Order JO 7400.11F is also available for inspection at the 
National Archives and Records Administration (NARA). For information on 
the availability of FAA Order JO 7400.11F at NARA, email: 
[email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Christopher McMullin, 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

[[Page 10993]]

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).

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-2022-0109; Airspace Docket No. 22-AAL-10) 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 https://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-2022-0109; Airspace Docket No. 22-AAL-10.'' The 
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment 
closing date 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 comment 
closing date. A report summarizing each substantive public contact with 
FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRM

    An electronic copy of this document may be downloaded through the 
internet at https://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's web page at https://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 
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal 
holidays. An informal docket may also be examined during normal 
business hours at the office of the Operations Support Group, Western 
Service Center, Federal Aviation Administration, 2200 South 216th St., 
Des Moines, WA 98198.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11F, Airspace 
Designations and Reporting Points, dated August 10, 2021, and effective 
September 15, 2021. FAA Order JO 7400.11F is publicly available as 
listed in the ADDRESSES section of this document. FAA Order JO 7400.11F 
lists Class A, B, C, D, and E airspace areas, air traffic service 
routes, and reporting points.

Background

    The Nichols, AK, (ICK) NDB in Annette Island, AK has been scheduled 
for decommissioning, effective February 23, 2023 due to ongoing and 
high cost maintenance and repairs. The FAA conducted a non-rulemaking 
study in 2021 in accordance with FAA Order JO 7400.2, Procedures for 
Handling Airspace Matters. As a result of the study, the FAA did not 
receive any objections to the removal of the NDB along with the 
supported airway.
    Colored Federal airway B-79 is dependent upon ICK and navigates 
between Sandpit, BC, (CYZP) Canada, NDB and ICK. The airspace in Canada 
is not included in the route, so it terminates at the Canada border 
just south of ICK. The decommissioning of ICK would result in B-79 
being unusable. VHF Omnidirectional Radar (VOR) Federal airway V-137 
overlies B-79 and would mitigate the loss of B-79, therefore, the FAA 
proposes to revoke B-79.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to revoke 
Colored Federal airway B-79 due to the decommissioning of ICK. B-79 
currently navigates between ICK and CYZP, excluding the airspace within 
Canada. The FAA proposes to revoke Colored Federal airway B-79 in its 
entirety.
    Colored Federal Airways are published in paragraph 6009(d) of FAA 
Order JO 7400.11F dated August 10, 2021 and effective September 15, 
2021, which is incorporated by reference in 14 CFR 71.1. The Blue 
Federal Airway listed in this document would be published subsequently 
in FAA Order JO 7400.11.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points, 
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    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. 
It, therefore: (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.

Environmental Review

    This proposal will be subject to an environmental analysis in 
accordance with FAA Order 1050.1F, ``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

0
1. The authority citation for 14 CFR part 71 continues to read as 
follows:


[[Page 10994]]


    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 
7400.11F, Airspace Designations and Reporting Points, dated August 10, 
2021, and effective September 15, 2021, is amended as follows:

Paragraph 6009(d) Colored Federal Airway.

* * * * *

B-79 [Remove]

* * * * *

    Issued in Washington, DC, on February 22, 2022.
Michael R. Beckles,
Manager, Rules and Regulations Group.
[FR Doc. 2022-04068 Filed 2-25-22; 8:45 am]
BILLING CODE 4910-13-P


