[Federal Register: March 25, 2008 (Volume 73, Number 58)]
[Proposed Rules]               
[Page 15685-15687]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25mr08-15]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2007-0092; Airspace Docket No. 07-AAL-18]
RIN 2120-AA66

 
Proposed Establishment of Colored and 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 establish four Federal airways in the 
National Airspace System (NAS) to replace four non-part 95 routes in 
Alaska. The conversion of these non-part 95 routes would change 
uncharted nonregulatory airways requiring special

[[Page 15686]]

aircrew authorization to Federal Airways, thus adding to the instrument 
flight rules (IFR) airway and route infrastructure in Alaska. This 
proposal would establish three Very High Frequency Omnidirectional 
Range (VOR) Federal airways, and one Low/Medium Frequency (L/MF) 
Colored Federal airway.

DATES: Comments must be received on or before May 9, 2008.

ADDRESSES: Send comments on the proposal to the Docket Management 
Facility, 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-2007-0092 and Airspace Docket No. 07-AAL-18, 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 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-2007-0092 and Airspace Docket No. 07-AAL-18) 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-2007-0092 and Airspace Docket No. 07-AAL-18.'' 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 or the Federal Register's Web page at http://
www.gpoaccess.gov/fr/index.html.
    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.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal 
Regulations (14 CFR part 71) to establish three VOR Federal airways, 
and one colored Federal airway, in Alaska. Presently there are 
uncharted nonregulatory routes that use the same routing as the 
proposed Federal airways. These uncharted nonregulatory routes are used 
daily by commercial and general aviation aircraft. The FAA is proposing 
to convert these uncharted nonregulatory routes to the Federal airways 
to add to the IFR route structure in Alaska. The Colored Federal airway 
would be designated as Amber 6, and would connect the St. Marys NDB 
with the North River NDB. The first VOR Federal airway would be 
designated as V-351, and would connect the Port Heiden NDB/DME with the 
Dillingham VOR/DME. The second Federal airway would be designated as V-
619, and would connect the Port Heiden NDB/DME with the Saldo NDB, then 
to the Dillingham VOR/DME. The third Federal airway would be designated 
as V-414, and would connect the Gambell NDB/DME with the Kukuliak VOR/
DME. Additionally, adoption of these Federal airways would: (1) Provide 
pilots with minimum en route altitudes and minimum obstruction 
clearance altitudes information; (2) establish controlled airspace thus 
eliminating some of the commercial IFR operations in uncontrolled 
airspace; and (3) improve the management of air traffic operations and 
thereby enhance safety.
    The area would be depicted on aeronautical charts for pilot 
reference. The coordinates for this airspace docket are based on North 
American Datum 83. The Airways designated as Colored Federal Airways 
are published in paragraph 6009 in FAA Order 7400.9R, Airspace 
Designations and Reporting Points, signed August 15, 2007, and 
effective September 15, 2007, which is incorporated by reference in 14 
CFR 71.1. The Airways designated as VOR Federal Airways are published 
in paragraph 6010 in FAA Order 7400.9R, Airspace Designations and 
Reporting Points, signed August 15, 2007, and effective September 15, 
2007, which is incorporated by reference in 14 CFR 71.1. The airspace 
designations listed in this document would 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 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 ensure the safe and 
efficient use of the navigable airspace. This regulation is within the 
scope of that authority as it

[[Page 15687]]

proposes to create Class E airspace sufficient in size to contain 
aircraft using the described Federal Airways within the State of Alaska 
and represents the FAA's continuing effort to safely and efficiently 
use the navigable airspace.

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.

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 
7400.9R, Airspace Designations and Reporting Points, signed August 15, 
2007, and effective September 15, 2007, is amended as follows:

Paragraph 6009(c) Amber Federal Airways.

* * * * *

A-6 [New]

St. Marys, AK, NDB; to North River, AK, NDB.
* * * * *

Paragraph 6010(b) Alaskan VOR Federal Airways.

* * * * *

V-351 [New]

From Port Heiden, AK, NDB/DME; to Dillingham, AK, VOR/DME.
* * * * *

V-619 [New]

From Port Heiden, AK, NDB/DME; Saldo, AK, NDB; to Dillingham, AK, 
VOR/DME.
* * * * *

V-414 [New]

Gambell, AK, NDB/DME; to Kukuliak, AK, VOR/DME.

* * * * *

    Issued in Washington, DC, March 17, 2008.
Stephen L. Rohring,
Acting Manager, Airspace and Rules Group.
 [FR Doc. E8-5922 Filed 3-24-08; 8:45 am]

BILLING CODE 4910-13-P