Amendments of Colored Federal Airway B–38:

Federal Register: August 23, 2010 (Volume 75, Number 162)

Rules and Regulations

Page 51662-51663

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr23au10-9

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.

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 0 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

BILLING CODE 4910-13-P