[Federal Register Volume 75, Number 162 (Monday, August 23, 2010)]
[Rules and Regulations]
[Pages 51662-51663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20807]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2010-0365; Airspace Docket No. 10-AAL-12]
RIN 2120-AA66
Amendment of Colored Federal Airway B-38; Alaska
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action amends Colored Federal Airway Blue 38 (B-38), in
Alaska. Specifically, this action removes a segment of B-38 from Haines
Non-directional Beacon (NDB) to the Whitehorse, Yukon Territories
Canada (XY NDB). The FAA is taking this action in preparation of the
eventual decommissioning of XY NDB by the Canadian Air Authority NAV
CANADA.
DATES: Effective date 0901 UTC, November 18, 2010. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.
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:
History
On June 7, 2010, the FAA published in the Federal Register a notice
of proposed rulemaking (NPRM) to amend Colored Federal Airway B-38 in
Alaska, (75 FR 32117). Interested parties were invited to participate
in this rulemaking effort by submitting written comments on the
proposal. No comments were received. This amendment is the same as that
proposed in the NPRM.
The Rule
This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by modifying Colored Federal Airway B-38, Alaska, terminating
the airway at the HNS NDB, AK, instead of the XY NDB, Canada. The
Canadian Air Authority NAV CANADA recently conducted a study to
determine the feasibility of keeping the XY NDB operational. NAV CANADA
determined it is no longer feasible and will be decommissioning the XY
NDB.
Blue Federal Airways are published in paragraph 6009(d) of FAA
Order 7400.9T, signed August 27, 2009 and effective September 15, 2009,
which is incorporated by reference in 14 CFR 71.1. The Colored Federal
Airway listed in this document will be published subsequently in the
Order.
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this 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 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 a Colored Federal Airway 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: Polices 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).
[[Page 51663]]
Adoption of the Amendment
0
In consideration of the foregoing, the Federal Aviation Administration
amends 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
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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]
0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9T,
Airspace Designations and Reporting Points, signed August 27, 2009, and
effective September 15, 2009, is to be amended as follows:
Paragraph 6009 (d) Blue Federal airways.
* * * * *
B-38 [Amended]
From Elephant, AK, NDB, to Haines, AK, NDB.
Issued in Washington, DC, on August 12, 2010.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. 2010-20807 Filed 8-20-10; 8:45 am]
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