[Federal Register Volume 77, Number 173 (Thursday, September 6, 2012)]
[Proposed Rules]
[Pages 54860-54862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21827]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2012-0867; Airspace Docket No. 12-AGL-4]
RIN 2120-AA66


Proposed Modification of VOR Federal Airway V-170 in the Vicinity 
of Devils Lake, ND

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify VHF Omnidirectional Range (VOR) 
Federal airway V-170 between Devils Lake, ND (DVL), and Jamestown, ND 
(JMS). The FAA is proposing this action to ensure the airway provides 
the necessary clearance from the western boundary of the newly 
established restricted area R-5402, Devils Lake, ND, to support non-
radar separation requirements when the restricted area is active.

DATES: Comments must be received on or before October 22, 2012.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue SE., 
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001; 
telephone: (202) 366-9826. You must identify FAA Docket No. FAA-2012-
0867 and Airspace Docket No. 12-AGL-4 at the beginning of your 
comments. You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace Policy & ATC 
Procedures Group, Office of Airspace Services, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591; 
telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments as they 
may desire. 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-2012-0867 and Airspace Docket No. 12-AGL-4) 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 http://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-2012-0867 and Airspace Docket No. 12-AGL-4.'' The 
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date 
for

[[Page 54861]]

comments 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 closing date 
for comments. A report summarizing each substantive public contact with 
FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the 
Internet at http://www.regulations.gov.
    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 Central Service Center, Operations 
Support Group, Federal Aviation Administration, 2601 Meacham Blvd., 
Fort Worth, TX 76137.
    Persons interested in being placed on a mailing list for future 
NPRMs should contact the FAA's Office of Rulemaking, (202) 267-9677, 
for a copy of Advisory Circular No. 11-2A, Notice of Proposed 
Rulemaking Distribution System, which describes the application 
procedure.

Background

    The Minneapolis Air Route Traffic Control Center requested the 
establishment of a new VOR Federal airway between DVL and JMS, west of 
V-170, to provide necessary clearance from the western boundary of R-
5402, established for hazardous laser training activities, in support 
of non-radar separation requirements. Their request proposed the new 
airway use the DVL VOR 180[deg] (M) and JMS VOR 327[deg] (M) radials to 
provide the required non-radar separation and airway clearance from R-
5402, regardless of the restricted area status, as well as 15 degrees 
of separation from V-170. The Central Service Center (CSC) conducted a 
feasibility review of the request and recommended amending the existing 
V-170 airway between DVL and JMS instead of creating a new airway in 
that area.
    The Feasibility Review Panel considered potential impacts to flight 
procedures, safety, environmental, air traffic control procedures, and 
other pending en route or terminal actions in their review, and 
determined that amending V-170 between DVL and JMS would be the best 
alternative. They also determined that inserting a slight ``dogleg'' to 
the west, in V-170 between DVL and JMS, would provide a non-radar 
routing clear of R-5402 and allow nonparticipating aircraft below 8,000 
feet MSL to have unimpeded transit between DVL and JMS.
    This proposed action to amend V-170 is expected to ensure 
availability of the airway between DVL and JMS regardless of restricted 
area status with minimal impact to the aviation community.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal 
Regulations (14 CFR) part 71 to modify V-170 between Devils Lake, ND, 
and Jamestown, ND, by inserting a slight dogleg west of the current 
location. This action is proposed as a result of the V-170 airway width 
abeam R-5402 overlapping the western boundary of the recently 
established R-5402 and to retain the availability of the navigation 
route structure between DVL and JMS regardless of the activation status 
of R-5402.
    The FAA proposes using the DVL VOR 187[deg] (T)/180[deg] (M) and 
JMS VOR 337[deg] (T)/327[deg] (M) radials to redefine the airway 
segment and establish the FARRM fix at the intersection of the DVL VOR 
187[deg] (T)/180[deg] (M) and JMS VOR 337[deg] (T)/327[deg] (M) 
radials. The FARRM fix would be described as the intersection of those 
navigation aid radials in the legal description. Specifically, the V-
170 description would be amended by replacing the ``Jamestown, ND;'' 
reference with ``INT Devils Lake 187[deg] (T)/180[deg] (M) and 
Jamestown, ND, 337[deg] (T)/327[deg] (M) radials; Jamestown;''. The 
magnetic radial information would be removed in the final rule. This 
proposed modification to V-170 would add less than three nautical miles 
to the existing airway segment, ensure availability of V-170 between 
DVL and JMS regardless of the status of R-5402, reduce airspace 
complexity in the area, and enhance flight safety.
    VOR Federal airways are published in paragraph 6010(a) of FAA Order 
7400.9V dated August 9, 2011 and effective September 15, 2011, which is 
incorporated by reference in 14 CFR 71.1. The VOR Federal Airways 
listed in this document would be subsequently published in the Order.
    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. 
Therefore, this proposed 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 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.
    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 proposes to modify VOR Federal Airways in the vicinity of Devils 
Lake, ND.

Environmental Review

    This proposal will be subject to an environmental analysis in 
accordance with FAA Order 1050.1E, ``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(g), 40103, 40113, 40120; E.O. 10854, 
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.


Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the FAA Order 
7400.9V, Airspace Designations and Reporting

[[Page 54862]]

Points, dated August 9, 2011, and effective September 15, 2011, is 
amended as follows:

Paragraph 6010(a) Domestic VOR Federal Airways

* * * * *

V-170 [Amended]

    From Devils Lake, ND; INT Devils Lake 187[deg] (T)/180[deg] (M) 
and Jamestown, ND, 337[deg] (T)/327[deg] (M) radials; Jamestown; 
Aberdeen, SD; Sioux Falls, SD; Worthington, MN; Fairmont, MN; 
Rochester, MN; Nodine, MN; Dells, WI; INT Dells 097[deg] and Badger, 
WI, 304[deg] radials; Badger; INT Badger 121[deg] and Pullman, MI, 
282[deg] radials; Pullman; Salem, MI. From Erie, PA; Bradford, PA; 
Slate Run, PA; Selinsgrove, PA; Ravine, PA; INT Ravine 125[deg] and 
Modena, PA, 318[deg] radials; Modena; Dupont, DE; INT Dupont 
223[deg] and Andrews, MD, 060[deg] radials; to INT Andrews 060[deg] 
and Baltimore, MD, 165[deg] radials. The airspace within R-5802 is 
excluded.

    Issued in Washington, DC, on August 28, 2012.
Gary A. Norek,
Manager, Airspace Policy & ATC Procedures Group.
[FR Doc. 2012-21827 Filed 9-5-12; 8:45 am]
BILLING CODE 4910-13-P