```

[Federal Register: August 23, 2010 (Volume 75, Number 162)]
[Rules and Regulations]               
[Page 51662-51663]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23au10-9]                         

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0365; Airspace Docket No. 10-AAL-12]
RIN 2120-AA66

 
Amendment of Colored Federal Airway B-38; Alaska

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: 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.

DATES: 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.

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.

SUPPLEMENTARY INFORMATION:

History

    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.

The Rule

    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.

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: 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.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

[[Page 51663]]

Adoption of the Amendment

0
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 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.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9T, 
Airspace Designations and Reporting Points, signed August 27, 2009, and 
effective September 15, 2009, is to be amended as follows:

Paragraph 6009 (d) Blue Federal airways.

* * * * *

B-38 [Amended]

    From Elephant, AK, NDB, to Haines, AK, NDB.

    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]
BILLING CODE 4910-13-P
```