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[Federal Register Volume 87, Number 131 (Monday, July 11, 2022)]
[Rules and Regulations]
[Pages 41057-41058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14667]

[[Page 41057]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0108; Airspace Docket No. 22-AAL-5]
RIN 2120-AA66

Revocation of Colored Federal Airway Blue 5 (B-5); Point Hope, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revokes Colored Federal airway Blue 5 (B-5) in the 
vicinity of Point Hope, AK due to the pending decommissioning of the 
Point Hope, AK, (PHO) Non-directional Beacon (NDB).

DATES: Effective date 0901 UTC, September 8, 2022. 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: FAA Order JO 7400.11F, Airspace Designations and Reporting 
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can 
contact the Rules and Regulations Group, Federal Aviation 
Administration, 800 Independence Avenue SW, Washington, DC 20591; 
telephone: (202) 267-8783.

FOR FURTHER INFORMATION CONTACT: Jesse Acevedo, 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 modifies the route to preserve the safe and efficient 
flow of air traffic within the National Airspace System.

History

    The FAA published a notice of proposed rulemaking for Docket No. 
FAA-2022-0108 in the Federal Register (87 FR 10995; February 28, 2022), 
revoking Colored Federal airway B-5 in the vicinity of Point Hope, AK 
due to the pending decommissioning of the Point Hope, AK, (PHO) NDB. 
Interested parties were invited to participate in this rulemaking 
effort by submitting comments on the proposal. There were no comments 
received.
    The Area Navigation (RNAV) T-route, T-366, will overlay the 
existing B-5 airway and have the same lower minimum enroute altitude. 
T-366 will be established and charted with a publication date 
coinciding with the B-5 revocation of September 8, 2022.
    Colored Federal airways are published in paragraph 6009(d) of FAA 
Order JO 7400.11F dated August 10, 2021 and effective September 15, 
2021, which is incorporated by reference in 14 CFR 71.1. The Colored 
Federal airway listed in this document will be removed subsequently 
from FAA Order JO 7400.11.

Differences From the NPRM

    Subsequent to the notice of proposed rulemaking for Docket No. FAA-
2022-0108 in the Federal Register (87 FR 10995; February 28, 2022), 
revoking Colored Federal airway B-5 in the vicinity of Point Hope, AK, 
an FAA study revealed that aircraft have not been able to fly B-5 
because the Point Hope, AK, (PHO) NDB has not been operational for 
several years. Further, a radar traffic study of the Colored Federal 
airway B-5 annual usage verified that no non-Global Positioning System 
(GPS) equipped aircraft have used B-5. The airway is essentially 
abandoned. Additionally, the operator of the Point Hope NDB, has no 
intention of restoring the NDB site since it is already approved for 
decommissioning. Based on this information, this action revokes the 
Colored Federal airway B-5 in its entirety.

Availability and Summary of Documents for Incorporation by Reference

    This amends FAA Order JO 7400.11F, Airspace Designations and 
Reporting Points, dated August 10, 2021, and effective September 15, 
2021. FAA Order JO 7400.11F is publicly available as listed in the 
ADDRESSES section of this document. FAA Order JO 7400.11F 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 Colored Federal 
airway B-5. B-5 currently navigates between the Cape Lisburne, AK, 
(LUR) NDB and the Point Hope, AK, (PHO) Non-directional Beacon (NDB). 
This action revokes the Colored Federal airway B-5 in its entirety.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points, 
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA 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 
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 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 determined that this airspace action of revoking Colored 
Federal airway Blue-5 (B-5) in the vicinity of Point Hope, 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 5-6.5k, which categorically excludes from

[[Page 41058]]

further environmental review the publication of existing air traffic 
control procedures that do not essentially change existing tracks, 
create new tracks, change altitudes, or change concentration of 
aircraft on these tracks. As such, this action is not expected to 
result in any potentially significant 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 preparation of an environmental 
assessment or environmental impact study.

List 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 
7400.11F, Airspace Designations and Reporting Points, dated August 10, 
2021, and effective September 15, 2021, is amended as follows:

Paragraph 6009(d) Colored Federal Airway.

* * * * *

B-5 [Removed]

* * * * *

    Issued in Washington, DC, on July 5, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-14667 Filed 7-8-22; 8:45 am]
BILLING CODE 4910-13-P
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