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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 71
          - [Docket No. FAA-2009-0229; Airspace Docket No. 09-ASO-13]

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Final rule.

# SUMMARY:

This action removes very high frequency omnidirectional range (VOR) Federal airway V-329, which extends between Montgomery, AL and the vicinity of Crestview, FL. The route is being removed at the request of the U.S. Army because the Andalusia, AL, VOR, which forms a segment of the airway, is being decommissioned due to unreliability and coverage limitations. This action will not adversely impact National Airspace System (NAS) Operations.

# DATES:

*Effective Date:*                         0901 UTC, October 22, 2009. 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:

Paul Gallant, 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 April 6, 2009, the FAA published in the                     **Federal Register**                     a notice of proposed rulemaking to revoke VOR Federal airway V-329 (74 FR 15403). Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal. One comment was received. The Aircraft Owners and Pilots Association recommended that the FAA consider establishing a T-route (i.e., a low-altitude area navigation route) along the same route as V-329. The FAA supports this recommendation and will consider establishing a T-route as part of the national effort to expand area navigation capabilities.                 

With the exception of editorial changes, 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 revoking VOR Federal airway V-329. The FAA is taking this action because the Andalusia VOR, which is owned and operated by the U.S. Army, is being decommissioned due to recurring outages, maintenance issues, and coverage limitations. Decommissioning of the Andalusia VOR renders V-329 unusable. As an alternative, V-115, which lies to the west of the V-329, extends between the Crestview, FL, and the Montgomery, AL, VORTAC.

VOR Federal airways are published in paragraph 6010 of FAA Order 7400.9S signed October 3, 2008 and effective October 31, 2008, which is incorporated by reference in 14 CFR 71.1. The VOR Federal airway listed in this document will be subsequently deleted from 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                           ( print page 40068)                        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 amends a portion of the en route structure to enhance the safe and efficient use of the NAS in the Southeast United States.

## 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 and 311b. 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)

## Adoption of the Amendment

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

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 

2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9S, Airspace Designations and Reporting Points, dated October 3, 2008 and effective October 31, 2008, is amended as follows:

### Paragraph 6010 Domestic VOR Federal airways

* * * * *

## V-329 [Removed]

* * * * *

Issued in Washington, DC, on July 31, 2009.

Edith V. Parish,

Manager, Airspace and Rules Group.

[FR Doc. E9-19036 Filed 8-10-09; 8:45 am]

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