Rules and Regulations. Final rule

Agency: Federal Aviation Administration (FAA), DOT
Action: Final rule
Citation: FR Doc. 2024-24591 · RIN 2120-AA66 · Docket No. FAA-2024-0020; Airspace Docket No. 23-AAL-19 · 14 CFR 71

Summary

This action revokes Jet Route J-179 in its entirety and amends United States Area Navigation Route (RNAV) Q-10 in the vicinity of Emmonak, AK. The FAA is taking this action due to the pending decommissioning of the Aniak, AK, Nondirectional Radio Beacon (NDB) and the St Marys, AK, NDB.

Dates

Effective date 0901 UTC, December 26, 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.

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 Air Traffic Service (ATS) route structure as necessary to preserve the safe and efficient flow of air traffic within the National Airspace System. History The FAA published a NPRM for Docket No. FAA 2024-0020 in the Federal Register (89 FR 3900; January 22, 2024), proposing to revoke J-179 and amend Q-10 in Alaska. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. One comment was received and was in favor of this action. Incorporation by Reference Jet Routes are published in paragraph 2004 and United States Area Navigation Routes are published in paragraph 2006 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 7400.11J, dated July 31, 2024, and effective September 15, 2024. FAA Order JO 7400.11J is publicly available as listed in the ADDRESSES section of this document. These amendments will be published in the next update to FAA Order JO 7400.11. FAA Order JO 7400.11J lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points. The Rule The FAA is amending 14 CFR part 71 to revoke Jet Route J-179 in its entirety and amend United States Area Navigation Route Q-10 in the vicinity of Emmonak, AK. J-179: This action revokes J-179 in its entirety. Q-10: As amended, Q-10 extends between the Kukuliak, AK, Very High Frequency Omnidirectional Range/Distance Measuring Equipment (VOR/DME) and the Middleton Island, AK, VOR/DME. 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 airspace action of revoking J-179 and amending Q-10 in Alaska 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 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 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 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. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO 7400.11J, Airspace Designations and Reporting Points, dated July 31, 2024, and effective September 15, 2024, is amended as follows: Paragraph 2004 Jet Routes. J-179 [Removed] Paragraph 2006 United States Area Navigation Routes. Q-10 Kukuliak, AK (ULL) to Middleton Island, AK (MDO) [Amended] Kukuliak, AK (ULL) VOR/DME (Lat. 63°41′32.39″ N, long. 170°28′11.65″ W) Emmonak, AK (ENM) VOR/DME (Lat. 62°47′04.52″ N, long. 164°29′15.12″ W) ANIAK, AK FIX (Lat. 61°37′02.22″ N, long. 159°37′52.61″ W) Sparrevohn, AK (SQA) VOR/DME (Lat. 61°05′54.89″ N, long. 155°38′04.49″ W) Kenai, AK (ENA) VOR/DME (Lat. 60°36′52.93″ N, long. 151°11′42.87″ W) Middleton Island, AK (MDO) VOR/DME (Lat. 59°25′18.50″ N, long. 146°21′00.05″ W) Issued in Washington, DC, on October 18, 2024. Frank Lias, Manager, Rules and Regulations Group. [FR Doc. 2024-24591 Filed 10-23-24; 8:45 am]