Revocation of Alaskan Very High Frequency Omnidirectional Range Federal Airway V-414 and Amendment of United States Area Navigation Routes T-248 and T-250 in Alaska

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Federal RegisterOct 8, 2024
89 Fed. Reg. 81406 (Oct. 8, 2024)
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    Department of Transportation Federal Aviation Administration
  • 14 CFR Part 71
  • Docket No. FAA-2024-2348; Airspace Docket No. 23-AAL-53
  • RIN 2120-AA66
  • AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    This action proposes to revoke Alaskan Very High Frequency Omnidirectional Range (VOR) Federal Airway V-414 and amend United States Area Navigation (RNAV) Routes T-248 and T-250 in Alaska. These proposed actions are due to the decommissioning of the Gambell Nondirectional Radio Beacon (NDB) in Alaska.

    DATES:

    Comments must be received on or before November 22, 2024.

    ADDRESSES:

    Send comments identified by FAA Docket No. FAA-2024-2348 and Airspace Docket No. 23-AAL-53 using any of the following methods:

    * Federal eRulemaking Portal: Go to www.regulations.gov and follow the online instructions for sending your comments electronically.

    * Mail: Send comments to Docket Operations, M-30; U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West Building Ground Floor, Washington, DC 20590-0001.

    * Hand Delivery or Courier: Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    * Fax: Fax comments to Docket Operations at (202) 493-2251.

    Docket: Background documents or comments received may be read at www.regulations.gov at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    FAA Order JO 7400.11J, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and Regulations Group, Office of Policy, Federal Aviation Administration, 600 Independence Avenue SW, Washington, DC 20597; telephone: (202) 267-8783.

    FOR FURTHER INFORMATION CONTACT:

    Steven Roff, Rules and Regulations Group, Office of Policy, Federal Aviation Administration, 600 Independence Avenue SW, Washington, DC 20597; telephone: (202) 267-8783.

    SUPPLEMENTARY INFORMATION:

    Authority for This Rulemaking

    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 would modify the airway structure as necessary to preserve the safe and efficient flow of air traffic within the National Airspace System.

    Comments Invited

    The FAA invites interested persons to participate in this rulemaking by submitting written comments, data, or views. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should submit only one time if comments are filed electronically, or commenters should send only one copy of written comments if comments are filed in writing.

    The FAA will file in the docket all comments it receives, as well as a report summarizing each substantive public contact with FAA personnel concerning this proposed rulemaking. Before acting on this proposal, the FAA will consider all comments it receives on or before the closing date for comments. The FAA will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. The FAA may change this proposal in light of the comments it receives.

    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.

    Availability of Rulemaking Documents

    An electronic copy of this document may be downloaded through the internet at www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA's web page at www.faa.gov/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 Operations office (see ADDRESSES section for address, phone number, and hours of operations). An informal docket may also be examined during normal business hours at the office of the Western Service Center, Federal Aviation Administration, 2200 South 216th St., Des Moines, WA 98198.

    Incorporation by Reference

    Alaskan VOR Federal Airways are published in paragraph 6010(b) and United States RNAV Routes are published in paragraph 6011 of FAA Order JO 7400.11, Airspace Designations and Reporting Points, which is incorporated by reference in 14 CFR 71.1 on an annual basis. This document proposes to amend the current version of that order, FAA Order JO 7400.11J, dated July 31, 2024, and effective September 15, 2024. These updates would be published in the next update to FAA Order JO 7400.11. That order is publicly available as listed in the ADDRESSES section of this document.

    FAA Order JO 7400.11J lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

    Background

    In 2003, Congress enacted the Vision 100-Century of Aviation Reauthorization Act (Pub. L. 108-176), which established a joint planning and development office in the FAA to manage the work related to the Next Generation Air Transportation System (NextGen). Today, NextGen is an ongoing FAA-led modernization of the nation's air transportation system to make flying safer, more efficient, and more predictable.

    In support of NextGen, this proposal is part of an ongoing, large, and comprehensive airway modernization project in the state of Alaska. Part of this project is to transition the Alaskan en route navigation structure away from dependency on Nondirectional Radio Beacons (NDB) and move to develop and improve the RNAV route structure. The FAA is planning to decommission the Gambell NDB in the state of Alaska. As a result, Alaskan VOR Federal Airway V-414 will become unusable. Additionally, a portion of RNAV route T-248 will also become unusable.

    The FAA plans to replace the Gambell NDB with a new waypoint (WP) FOXNO. The FAA proposes to revoke Alaskan Federal Airway V-414 in its entirety due to the decommissioning of the Gambell NDB. The loss of this airway will be mitigated by amending T-250 to extend beyond its current western terminus by adding the new FOXNO WP and the Kukuliak, AK, (VOR/distance measuring equipment (VOR/DME) to the airway description.

    The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 by revoking Alaskan VOR Federal Airway V-414 and amending RNAV Routes T-248 and T-25. These proposed actions are due to the decommissioning of the Gambell Nondirectional Radio Beacon (NDB) in Alaska.

    V-414: V-414 currently extends between the Gambell, AK, NDB and the Kukuliak, AK, VOR/DME. The FAA proposes to revoke V-414 in its entirety.

    T-248: T-248 currently extends between the Gambell, AK, NDB and the Emmonak, AK, VOR/DME. The FAA proposes to replace the Gambell NDB with the FOXNO, AK, WP. As amended, T-248 would extend between the FOXNO WP and the Emmonak VOR/DME.

    T-250: T-250 currently extends between the Kukuliak, AK, VOR/DME and the Bethel, AK, Very High Frequency Omnidirectional Range/Tactical Air Navigation (VORTAC). The FAA proposes to extend the route westward by adding the WP FOXNO to the route description. As amended, T-250 would extend between the FOXNO WP and the Bethel VORTAC.

    Regulatory Notices and Analyses

    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. It, therefore: (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under 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.

    Environmental Review

    This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures” prior to any FAA final regulatory action.

    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 14 CFR part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 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 JO 7400.11J, Airspace Designations and Reporting Points, dated July 31, 2024, and effective September 15, 2024, is amended as follows:

    Paragraph 6010(b) Alaskan VOR Federal Airways.

    V-414 [Removed]

    Paragraph 6011 United States Area Navigation Routes.

    T-248 FOXNO, AK to Emmonak, AK (ENM) [Amended]
    FOXNO, AK WP (Lat. 63°46′54.75″ N, long. 171°44′12.40″ W)
    QAYAQ, AK WP (Lat. 63°52′14.00″ N, long. 169°59′42.00″ W)
    Emmonak, AK (ENM) VOR/DME (Lat. 62°47′04.52″ N, long. 164°29′15.12″ W)
    T-250 FOXNO, AK to Bethel, AK (BET) [Amended]
    FOXNO, AK WP (Lat. 63°46′54.75″ N, long. 171°44′12.40″ W)
    Kukuliak, AK (ULL) VOR/DME (Lat. 63°41′32.39″ N, long. 170°28′11.65″ W)
    QAYAQ, AK WP (Lat. 63°52′14.00″ N, long. 169°59′42.00″ W)
    BANAT, AK WP (Lat. 62°12′48.58″ N, long. 165°40′00.61″ W)
    Bethel, AK (BET) VORTAC (Lat. 60°47′05.41″ N, long. 161°49′27.59″ W)