E8-5922. Proposed Establishment of Colored and VOR Federal Airways; Alaska

AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Notice of proposed rulemaking (NPRM).

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 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: [phone]. 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: [phone].

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 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.

§ 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.