Federal Aviation Administration (FAA), DOT.
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.
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.Start Further Info
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.End Further Info End Preamble Start Supplemental Information
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.
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.
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.Start List of Subjects
List of Subjects in 14 CFR Part 71End List of Subjects Start Printed Page 51663
Adoption of the AmendmentStart Amendment Part
In consideration of the foregoing, the Federal Aviation Administration amendsEnd Amendment Part Start Part
PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTSEnd Part Start Amendment Part
1. The authority citation for part 71 continues to read as follows:End Amendment Part
2. The incorporation by reference inEnd Amendment Part
Paragraph 6009 (d) Blue Federal airways.
From Elephant, AK, NDB, to Haines, AK, NDB.Start Signature
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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