[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Rules and Regulations]
[Pages 76122-76123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24353]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-0916; Airspace Docket No. 22-AAL-85]
RIN 2120-AA66


Revocation of Alaskan Very High Frequency Omnidirectional Range 
(VOR) Federal Airway V-318; Level Island, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revokes Alaskan VOR Federal Airway V-318 in the 
vicinity of Level Island, AK. The FAA is taking this action due to the 
airway's lack of use.

DATES: Effective date 0901 UTC, January 25, 2024. 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 JO 7400.11 
and publication of conforming amendments.

ADDRESSES: A copy of the Notice of Proposed Rulemaking (NPRM), all 
comments received, this final rule, and all background material may be 
viewed online at www.regulations.gov using the FAA Docket number. 
Electronic retrieval help and guidelines are available on the website. 
It is available 24 hours each day, 365 days each year.
    FAA Order JO 7400.11H, 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, 
800 Independence Avenue SW, Washington DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Steven Roff, Rules and Regulations 
Group, Office of Policy, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591; 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 route structure as necessary to 
preserve the safe and efficient flow of air traffic within the National 
Airspace System (NAS).

History

    The FAA published an NPRM for Docket No. FAA 2023-0916 in the 
Federal Register (88 FR 23597; April 18, 2023), proposing to revoke 
Alaskan VOR Federal Airway V-318. Interested parties were invited to 
participate in this rulemaking effort by submitting written comments on 
the proposal. No comments were received.

Incorporation by Reference

    Alaskan VOR Federal Airways are published in paragraph 6010 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 amends the current version of that order, FAA Order JO 
7400.11H, dated August 11, 2023, and effective September 15, 2023. 
These updates will 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 7400.11H lists Class A, B, C, D, and E airspace areas, 
air traffic service routes, and reporting points.

The Rule

    This action amends 14 CFR part 71 by revoking Alaskan VOR Federal 
Airway V-318 in its entirety.

Regulatory Notices and Analyses

    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. 
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 
only affects air traffic procedures and air navigation, it is certified 
that this rule, when promulgated, does not have a significant economic 
impact on a substantial number of small entities under the criteria of 
the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action of revoking Federal Airway 
V-318 and replacing it with existing route T-269 in the vicinity of 
Level Island, AK qualifies for categorical exclusion under the National 
Environmental Policy Act (42 U.S.C. 4321 et seq.) and its implementing 
regulations at 40 CFR part 1500, and in accordance with FAA Order 
1050,1F, Environmental Impacts: Policies and Procedures, paragraph 5-6-
5a, which categorically excludes from further environmental impact 
review rulemaking actions that designate or modify classes of airspace 
areas, airways, routes, and reporting points (see 14 CFR part 71, 
Designation of Class A, B, C, D and E Airspace Areas; Air Traffic 
Service Routes; and Reporting Points); and paragraph 5-6.5.k., which 
categorically excludes from further environmental review the 
publication of existing air traffic control procedures that do not 
essentially change existing tracks, create new tracks, change altitude, 
or change concentration of aircraft on these tracks. As such, this 
action is not expected to result in in any potentially significant

[[Page 76123]]

environmental impacts. In accordance with FAA Order 1050.1f, paragraph 
5-2 regarding Extraordinary Circumstances, the FAA has reviewed this 
action for factors and circumstances in which a normally categorically 
excluded action may have a significant environmental impact requiring 
further analysis. Accordingly, the FAA has determined that no 
extraordinary circumstances exist that warrant prepared of the 
environmental impact statement.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

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

0
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.


Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO 
7400.11H, Airspace Designations and Reporting Points, dated August 11, 
2023, and effective September 15, 2023, is amended as follows:

Paragraph 6010(b) Alaskan VOR Federal Airways

* * * * *

V-318 [Remove]

* * * * *

    Issued in Washington, DC, on September 25, 2023.
Karen L. Chiodini,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2023-24353 Filed 11-3-23; 8:45 am]
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