[Federal Register Volume 88, Number 68 (Monday, April 10, 2023)]
[Proposed Rules]
[Pages 21139-21141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07302]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-0866; Airspace Docket No. 22-AAL-51]
RIN 2120-AA66


Amendment to United States Area Navigation Route Q-46; Point 
Hope, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend United States Area Navigation 
(RNAV) Route Q-46 in the vicinity of Point Hope, AK. The FAA is taking 
this action due to the pending decommissioning of the Point Hope, AK 
(PHO), Non-Directional Beacon (NDB) navigational aid (NAVAID).

DATES: Comments must be received on or before May 25, 2023.

ADDRESSES: Send comments identified by FAA Docket No. [FAA-2023-0866] 
and Airspace Docket No. 22-AAL-51 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow 
the online instructions for sending your comments electronically.
    * Mail: Send comments to Docket Operations, M-30; U.S. Department 
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West 
Building Ground Floor, Washington, DC 20590-0001.
    * Hand Delivery or Courier: Take comments to Docket Operations in 
Room W12-140 of the West Building Ground Floor at 1200 New Jersey 
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.
    * Fax: Fax comments to Docket Operations at (202) 493-2251.
    Docket: Background documents or comments received may be read at 
www.regulations.gov at any time. Follow the online instructions for 
accessing the docket or go to the Docket Operations in Room W12-140 of 
the West Building Ground Floor at 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    FAA Order JO 7400.11G, Airspace Designations and Reporting Points, 
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and 
Regulations Group, Office of Policy, 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

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. Comments are 
specifically invited on the overall regulatory,

[[Page 21140]]

aeronautical, economic, environmental, and energy-related aspects of 
the proposal. The most helpful comments reference a specific portion of 
the proposal, explain the reason for any recommended change, and 
include supporting data. To ensure the docket does not contain 
duplicate comments, commenters should submit only one time if comments 
are filed electronically, or commenters should send only one copy of 
written comments if comments are filed in writing.
    The FAA will file in the docket all comments it receives, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this proposed rulemaking. Before acting on this 
proposal, the FAA will consider all comments it receives on or before 
the closing date for comments. The FAA will consider comments filed 
after the comment period has closed if it is possible to do so without 
incurring expense or delay. The FAA may change this proposal in light 
of the comments it receives.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

Availability of Rulemaking Documents

    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 
Operations office (see ADDRESSES section for address, phone number, and 
hours of operations). 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.

Incorporation by Reference

    United States Area Navigation Routes are published in paragraph 
2006 of FAA Order JO 7400.11, Airspace Designations and Reporting 
Points, which is incorporated by reference in 14 CFR 71.1 on an annual 
basis. This document proposes to amend the current version of that 
order, FAA Order JO 7400.11G, dated August 19, 2022, and effective 
September 15, 2022. These updates would be published in the next update 
to FAA Order JO 7400.11. That order 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 has indicated a desire for the FAA to 
transition the Alaskan enroute navigation structures away from NDB 
dependency. Advances in technology have allowed for alternate 
navigation methods to support the decommissioning of high-cost ground 
navigation equipment, such as NDBs. The FAA conducted a non-rulemaking 
study in accordance with FAA Order JO 7400.2, Procedures for Handling 
Airspace Matters, in 2021 on the Point Hope, AK, NDB 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. 
The FAA received no comments or objections to the study. As a result, 
the Point Hope, AK, NDB was added to the schedule of NDBs to be 
decommissioned.
    RNAV route Q-46 extends between the Point Hope, AK, NDB and the 
Barrow, AK, Very High Frequency (VHF) Omnidirectional Range/Distance 
Measuring Equipment (VOR/DME). The decommissioning of the Point Hope, 
AK, NDB will leave the southwest portion of the route unsupported, as 
the NDB is the southwest end point of Q-46.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to amend RNAV 
route Q-46 in the vicinity of Point Hope, AK, due to the pending 
decommissioning of the Point Hope (PHO) NDB. The proposed RNAV route 
amendment action is described below.
    Q-46: Currently, Q-46 extends between the Point Hope, AK, NDB and 
the Barrow, AK, VOR/DME. The FAA proposed to amend the route by 
replacing the Point Hope, AK, NDB route point with the VANTY, AK, 
waypoint (WP). As amended, the route would be changed to extend between 
the VANTY WP and the Barrow VOR/DME.

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

Paragraph 2006 United States Area Navigation Routes.

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[[Page 21141]]



Q-46 VANTY, AK to Barrow, AK (BRW) [Amended]
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VANTY, AK                    WP                (Lat. 68[deg]20'40.64'' N, long. 166[deg]48'09.96'' W)
Barrow, AK (BRW)             VOR/DME           (Lat. 71[deg]16'24.34'' N, long. 156[deg]47'18.90'' W)
 

* * * * *

    Issued in Washington, DC, on April 3, 2023.
Brian Konie,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-07302 Filed 4-7-23; 8:45 am]
BILLING CODE 4910-13-P


