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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 71
          - [Docket No. FAA-2021-0414; Airspace Docket No. 21-AAL-25]
          - RIN 2120-AA66

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Notice of proposed rulemaking (NPRM).

# SUMMARY:

This action proposes to revoke Colored Federal airway R-4 in central Alaska due to the scheduled decommissioning of the Bear Creek (BCC) Non-Directional Beacon (NDB) on December 2, 2021.

# DATES:

Comments must be received on or before July 19, 2021.

# ADDRESSES:

                        Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington, DC 20590; telephone: (800) 647-5527, or (202) 366-9826. You must identify FAA Docket No. FAA-2021-0414; Airspace Docket No. 21-AAL-25 at the beginning of your comments. You may also submit comments through the internet at                         *https://www.regulations.gov.*

                        FAA Order 7400.11E, 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. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of FAA Order 7400.11E at NARA, email:                         *fedreg.legal@nara.gov*                         or go to                         *https://www.archives.gov/​federal-register/​cfr/​ibr-locations.html.*

# FOR FURTHER INFORMATION CONTACT:

Christopher McMullin, 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 (U.S.C.). 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).

## Comments Invited

                    Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments, as they may desire.                           ( print page 29532)                        Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal.                

                    Communications should identify both docket numbers (FAA Docket No. FAA-2021-0414; Airspace Docket No. 21-AAL-25) and be submitted in triplicate to the Docket Management Facility (see “                    **ADDRESSES**                    ” section for address and phone number). You may also submit comments through the internet at                     *https://www.regulations.gov.*

Commenters wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to FAA Docket No. FAA-2021-0414; Airspace Docket No. 21-AAL-25.” The postcard will be date/time stamped and returned to the commenter.

All communications received on or before the specified comment closing date will be considered before taking action on the proposed rule. The proposal contained in this action may be changed in light of comments received. All comments submitted will be available for examination in the public docket both before and after the comment closing date. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket.

## Availability of NPRM

                    An electronic copy of this document may be downloaded through the internet at                     *https://www.regulations.gov.*                     Recently published rulemaking documents can also be accessed through the FAA's web page at                     *https://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 Office (see                     **ADDRESSES**                     section for address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during normal business hours at the office of the Operations Support Group, Western Service Center, Federal Aviation Administration, 2200 South 216th St., Des Moines, WA 98198.                

## Availability and Summary of Documents for Incorporation by Reference

                    This document proposes to amend FAA Order 7400.11E, Airspace Designations and Reporting Points, dated July 21, 2020, and effective September 15, 2020. FAA Order 7400.11E is publicly available as listed in the                     **ADDRESSES**                     section of this document. FAA Order 7400.11E lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.                

## Background

The FAA completed a study in February 2021 on a request to decommission the BCC NDB in Tanana, AK. The FAA determined that the BCC NDB decommissioning was warranted due to the increased cost and difficulty in maintaining the equipment. The high costs stem from no longer being supported by FAA logistics or the manufacturer. Fabrication of parts for the equipment is time consuming and is not cost effective.

The effects of decommissioning the BCC NDB would be minimal on general aviation, since it does not support any instrument approaches. BCC NDB does, however, support Federal Colored Airway R-4, which navigates between Bear Creek and the Chena, AK NDB. Federal Colored Airway R-4's route closely parallels VOR Federal Airways V-488 and V-531, and United States Area Navigation routes T-225 and T-229, which should provide pilots an acceptable alternative.

## The Proposal

The FAA is proposing an amendment to 14 CFR part 71 to revoke Colored Federal airway R-4, due to the decommissioning of BCC NDB. The proposed change is outlined below.

*R-4:*                     R-4 currently navigates between the Chena, AK, NDB and the Bear Creek, AK, NDB. The FAA proposes to revoke the route in its entirety.                

Colored Federal airways are published in paragraph 6009(b), of FAA Order 7400.11E, dated July 21, 2020, and effective September 15, 2020, which is incorporated by reference in 14 CFR 71.1. The Colored Federal airway route listed in this document would be subsequently removed from the Order.

FAA Order 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15.

## 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 “significant” as defined in Department of Transportation (DOT) Regulatory Policies and Procedures; 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 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

2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E, Airspace Designations and Reporting Points, dated July 21, 2020, and effective September 15, 2020, is amended as follows:

### Paragraph 6009(b) Colored Federal Airways.

* * * * *

## R-4 [Remove]

From Chena, AK, NDB; to Bear Creek, AK, NDB.

* * * * *

      ( print page 29533)    
Issued in Washington, DC, on May 25, 2021.

George Gonzalez,

Acting Manager, Rules and Regulations Group.

[FR Doc. 2021-11422 Filed 6-1-21; 8:45 am]

BILLING CODE 4910-13-P