[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Proposed Rules]
[Pages 5823-5824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01791]



[[Page 5823]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1796; Airspace Docket No. 22-AAL-30]
RIN 2120-AA66


Proposed Revocation of Colored Federal Airway Red 39 (R-39); 
Bethel, 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 Red 39 
(R-39) in the vicinity of Bethel, AK, due to the pending 
decommissioning of the Oscarville (OSE) Non-directional Beacon (NDB), 
Takotna River NDB (VTR), and Ice Pool NDB (ICW) in Alaska.

DATES: Comments must be received on or before March 16, 2023.

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: 
(800) 647-5527, or (202) 366-9826. You must identify FAA Docket No. 
FAA-2022-1796; Airspace Docket No. 22-AAL-30 at the beginning of your 
comments. You may also submit comments through the internet at 
www.regulations.gov.
    FAA Order JO 7400.11G, Airspace Designations and Reporting Points, 
and subsequent amendments can be viewed online at 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.

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 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-2022-1796; Airspace Docket No. 22-AAL-30) 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 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-2022-1796; Airspace Docket No. 22-AAL-30.'' 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 www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's web page at 
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 7400.11G, Airspace 
Designations and Reporting Points, dated August 19, 2022, and effective 
September 15, 2022. FAA Order JO 7400.11G is publicly available as 
listed in the ADDRESSES section of this document. FAA Order JO 7400.11G 
lists Class A, B, C, D, and E airspace areas, air traffic service 
routes, and reporting points.

Background

    The aviation industry/users have indicated a desire for the FAA to 
transition the Alaskan en route navigation structure away from the 
dependency on NDBs. Advances in technology have allowed for alternate 
navigation methods to support decommissioning of high-cost ground-based 
navigation equipment. The FAA conducted a non-rulemaking study in 
accordance with FAA Order JO 7400.2, Procedures for Handling Airspace 
Matters in 2020 and 2021 on OSE, VTR, and ICW due to the ongoing high 
cost of maintenance and repairs. Interested parties were invited to 
participate in this effort by submitting comments on the proposal. As a 
result of the study, there were no objections received. The FAA added 
OSE, VTR, and ICW to the schedule to be decommissioned.
    Colored Federal airway R-39 extends between OSE and ICW. The 
decommissioning of OSE and ICW would render this route unusable. This 
proposal would revoke R-39 in its entirety. The mitigation to the loss 
of R-39 is currently in place with Very High Frequency (VHF) 
Omnidirectional Range (VOR) Federal airway V-480 and United States 
Navigational (RNAV) route T-222 overlying or paralleling the entire 
route.

[[Page 5824]]

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to revoke 
Colored Federal airway R-39 in the vicinity of Bethel, AK due to the 
decommissioning of the OSE, VTR, ICW NDBs. R-39 currently navigates 
between OSE and ICW. The FAA proposes to revoke R-39 in its entirety.
    Colored Federal airways are published in paragraph 6009(d) of FAA 
Order JO 7400.11G dated August 19, 2022 and effective September 15, 
2022, which is incorporated by reference in 14 CFR 71.1. The Colored 
Federal airway listed in this document would be removed 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:

    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 
7400.11G, Airspace Designations and Reporting Points, dated August 19, 
2022, and effective September 15, 2022, is amended as follows:

Paragraph 6009(b) Colored Federal Airways.

* * * * *

R-39 [Remove]

* * * * *

    Issued in Washington, DC, on January 24, 2023.
Brian Konie,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-01791 Filed 1-27-23; 8:45 am]
BILLING CODE 4910-13-P


