[Federal Register: December 10, 2008 (Volume 73, Number 238)]
[Proposed Rules]
[Page 75013-75015]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10de08-20]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2008-0940; Airspace Docket No. 08-AAL-25]
Proposed Removal and Modification of VOR Federal Airways; Alaska
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This action proposes to remove Federal Airway V-328, and
modify three Federal Airways, V-319, V-333 and V-480, in Alaska. The
FAA is proposing this action in preparation of the eventual
decommissioning from the National Airspace System (NAS) of the Kipnuk,
Very High Ommi-directional Range (VOR), Kipnuk, AK.
DATES: Comments must be received on or before January 26, 2009.
ADDRESSES: Send comments on the 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.
You must identify the docket number FAA-2008-0940 and Airspace Docket
No. 08-AAL-25, at the beginning of your comments. You may also submit
comments on the Internet at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules Group,
Office of System Operations Airspace
[[Page 75014]]
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-2008-0940
and Airspace Docket No. 08-AAL-25) 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 Docket No. FAA-2008-0940 and Airspace Docket No. 08-AAL-25.'' 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 may also be examined during normal business hours at
the office of the Regional Air Traffic Division, Federal Aviation
Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587.
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 the Code of Federal
Regulations (14 CFR Part 71), that proposes to revoke one Federal
Airway V-328, and modify three Federal Airways, V-319, V-333 and V-480
in Alaska. The FAA is proposing this action to remove all airways off
the Kipnuk, Very High Ommi-directional Range (VOR), Kipnuk, AK, in
preparation for the VOR's eventual decommissioning from the National
Airspace System (NAS). The portion of the Victor airways that are
attached to the Kipnuk VOR are proposed to be removed. Two airways (V-
319 and V-333) have the Kipnuk VOR supporting one segment of the
airway, and will simply be shortened. One airway (V-480) would be
modified to remove the Kipnuk from the description. However, three Area
Navigation (RNAV) low altitude T routes will be revised in another
airspace action to continue IFR service on routing along the same
tracks as all four affected airways. The Kipnuk VOR decommissioning
proposal was publicly advertised in non-rulemaking case numbers 02-AAL-
31NR and 06-AAL-32NR. After receiving public comment, the FAA decided
that keeping or moving the VOR was not feasible and that it should be
decommissioned.
The justification addressed these areas; the VOR was only being
used to support enroute airway operations, and village construction
adjacent to the VOR's location in the Village of Kipnuk was encroaching
on and degrading the VOR's signal in many quadrants. Additionally, the
instrument approaches servicing the airport at Kipnuk are RNAV
approaches, which do not utilize the Kipnuk VOR. This action would be
timed to coincide with the planned navigation aid decommissioning for
July 2, 2009. One Victor airway (V-480) that passes over the Village of
Kipnuk, will remain between Bethel (BET), AK, and Saint Paul Island
(SPY) Nondirectional Beacon, AK, if that airway passes the flight
inspection. The T route revisions mentioned above will be announced in
a separate airspace action, that will also coincide with the July 2,
2009, VOR decommissioning date. The intended effect of this proposal is
to revise three Victor Airways and revoke one Victor Airway when the
Kipnuk (IIK) VOR is decommissioned on July 2, 2009.
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 1, 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 1, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to endure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it revokes and modifies VOR Federal Airways in Alaska.
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. 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.
[[Page 75015]]
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 to be amended as follows:
Paragraph 6010(b) Alaskan VOR Federal Airways.
* * * * *
V-319 [Amended]
From Yakutat, AK, via Johnstone Point, AK, INT Johnstone Point
286[deg] and Anchorage, AK, 117[deg] radials; Anchorage, AK;
Sparrevohn, AK; Bethel, AK; Hooper Bay, AK; to Nanwak, AK NDB.
* * * * *
V-333 [Amended]
From Hooper Bay, AK; Nome, AK; to Shishmaref, AK.
* * * * *
V-328 [Removed]
* * * * *
V-480 [Amended]
From Mt. Moffett, AK, NDB, 20 AGL via St. Paul Island, AK, NDB,
20 AGL; Bethel, AK; McGrath, AK; Nenana, AK; to Fairbanks, AK.
* * * * *
Issued in Washington, DC, on November 25, 2008.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. E8-29239 Filed 12-9-08; 8:45 am]
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