[Federal Register: April 6, 2009 (Volume 74, Number 64)]
[Proposed Rules]
[Page 15403-15404]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ap09-16]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2009-0229; Airspace Docket No. 09-ASO-13]
RIN 2120-AA66
Proposed Revocation of VOR Federal Airway V-329; Alabama-Florida
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This action proposes to revoke very high frequency
omnidirectional range (VOR) Federal airway V-329, which extends between
Montgomery, AL and the Crestview, FL, area. Revocation of the route is
being proposed because a navigation aid that forms a segment of V-329
is planned for decommissioning due to recurring outages and maintenance
problems.
DATES: Comments must be received on or before May 21, 2009.
ADDRESSES: Send comments on this 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;
telephone: (202) 366-9826. You must identify FAA Docket No. FAA-2009-
0229 and Airspace Docket No. 09-ASO-13 at the beginning of your
comments. You may also submit comments through the Internet at http://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Paul Gallant, 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-2009-0229 and Airspace Docket No. 09-ASO-13) 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 FAA Docket No. FAA-2009-0229 and Airspace Docket No. 09-ASO-13.''
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
[[Page 15404]]
may also be examined during normal business hours at the office of the
Eastern Service Center, Operations Support Group, Federal Aviation
Administration, Room 210, 1701 Columbia Ave., College Park, GA 30337.
Persons interested in being placed on a mailing list for future
NPRM's 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 Title 14, Code of Federal
Regulations (14 CFR) part 71 to revoke VOR Federal airway V-329 which
extends between the Montgomery, AL, very high frequency omnidirectional
range/tactical air navigation (VORTAC) aid and the vicinity of
Crestview, FL. The Andalusia, AL, VOR, which is used to form segments
of V-329, is owned and operated by the U.S. Army. Due to recurring
outages and maintenance issues, the U.S. Army requested to decommission
the Andalusia, AL, VOR. This action would render V-329 unusable. The
FAA has conducted an aeronautical study of the request and determined
that decommissioning the Andalusia VOR would not adversely impact
National Airspace System operations. An alternative route, V-115,
currently extends between the Crestview, FL, VORTAC and the Montgomery,
AL, VORTAC.
VOR Federal airways are published in paragraph 6010 of FAA Order
7400.9S signed October 3, 2008 and effective October 31, 2008, which is
incorporated by reference in 14 CFR 71.1. The VOR Federal airway listed
in this document would be deleted subsequently from 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 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 modifies the route structure as required to preserve the safe and
efficient flow of air traffic.
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 and 311b. 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
7400.9S, Airspace Designations and Reporting Points, signed October 3,
2008 and effective October 31, 2008, is amended as follows:
Paragraph 6010 VOR Federal airways.
* * * * *
V-329 [Removed]
* * * * *
Issued in Washington, DC, on March 27, 2009.
Edith V. Parish,
Manager, Airspace & Rules Group.
[FR Doc. E9-7679 Filed 4-3-09; 8:45 am]
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