[Federal Register Volume 83, Number 209 (Monday, October 29, 2018)]
[Rules and Regulations]
[Pages 54239-54241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23562]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0230; Airspace Docket No. 17-AGL-26]
RIN 2120-AA66


Amendment of Air Traffic Service (ATS) Routes in the Vicinity of 
Chicago, IL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies two VHF Omnidirectional Range (VOR) 
Federal airways (V-217 and V-228) in the vicinity of the Chicago O'Hare 
International Airport, IL. The FAA is taking this action due to the 
planned decommissioning of the Chicago O'Hare, IL, VOR/Distance 
Measuring Equipment (VOR/DME) navigation aid (NAVAID), which provides 
navigation guidance for portions of the affected ATS routes.

DATES: Effective date 0901 UTC, January 3, 2019. The Director of the 
Federal Register approves this incorporation by reference action under 
Title 1 Code of Federal Regulations part 51, subject to the annual 
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11C, Airspace Designations and Reporting

[[Page 54240]]

Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can 
contact the Airspace Policy 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 7400.11C at NARA, call (202) 741-6030, or go 
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is 
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace Policy Group, 
Office of Airspace Services, 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 would amend the route structure in the National 
Airspace System as necessary to preserve the safe and efficient flow of 
air traffic.

History

    The FAA published a notice of proposed rulemaking (NPRM) in the 
Federal Register for Docket No. FAA-2018-0230 (83 FR 17327; April 19, 
2018) to amend VOR Federal airways V-217 and V-228 due to the planned 
decommissioning of the Chicago O'Hare, IL, VOR/DME. Interested parties 
were invited to participate in this rulemaking effort by submitting 
written comments on the proposal. One substantive comment was received.
    The commenter stated that based on the current navigation maps it 
appeared the proposed change/modification had already taken place since 
there were no airways connected to the Chicago O'Hare VOR. 
Additionally, the commenter shared that V-228 was defined by the 
Northbrook VOR and that the proposed change/modification was confusing 
since the proposed rule was scheduled to take place in June 2018, but 
it was their understanding that the route(s) had already changed. The 
commenter also stated they found the proposed regulation to be accurate 
and useful since space-based global navigation satellite systems (GNSS) 
are replacing VORs and other ground-based systems.
    In response, the FAA offers the following. Review of the Instrument 
Flight Rules (IFR) Enroute Low Altitude Chart showing the Chicago 
terminal area does reflect there are no VOR Federal airways connected 
to the Chicago O'Hare VOR; however, that lack of airways is pre-
existing and not the result of this proposed rulemaking action. The 
commenter is correct that V-228 uses the Northbrook VOR in its 
description, but the V-228 airway segment proposed for amendment was 
the portion between the BESIE fix and FARMM fix, which is defined using 
the Chicago O'Hare VOR 316[deg](T)/314[deg](M) radial and is located 
northwest of the Northbrook VOR. Lastly, the commenter's confusion that 
the proposed rule was scheduled to take place in June 2018 was a simple 
misunderstanding that the June 4, 2018, date listed in the NPRM 
identified the end of the public comment period, not the effective date 
of the proposed amendments.
    The NPRM stated that the Chicago O'Hare VOR/DME is being 
decommissioned to facilitate the construction of a new runway at 
Chicago O'Hare International Airport. In the 2005 Record of Decision 
(ROD) for the O'Hare Modernization Program and the Final Environmental 
Impact Statement, the FAA had planned to move the VOR to allow for the 
construction of a new runway. Subsequent to that ROD, the FAA initiated 
a plan for reducing the number of VORs.
    On December 15, 2011, the FAA published in the Federal Register a 
notice of proposed policy and request for comments (76 FR 77939) on the 
FAA's proposed strategy for gradually reducing the current VOR network 
to a Minimum Operational Network (MON) as the National Airspace System 
(NAS) transitions to performance-based navigation (PBN) as part of the 
Next Generation Air Transportation System (NextGen). The FAA reviewed 
all comments received and on August 21, 2012, published in the Federal 
Register the disposition of the comments on the notice of proposed 
policy (77 FR 50420). In considering and disposing of the comments, the 
FAA noted that it would develop an initial VOR MON Plan which would be 
made publicly available.
    On July 26, 2016, the FAA published in the Federal Register the VOR 
MON final policy statement (81 FR 48694) announcing the discontinuance 
selection criteria and candidate list of VOR navigational aids targeted 
for discontinuance as part of the VOR MON Implementation Program and 
NAS Efficient Streamline Services Initiative. This action is part of 
that national strategy.
    VOR Federal airways are published in paragraph 6010(a) of FAA Order 
7400.11C dated August 13, 2018, and effective September 15, 2018, 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.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11C, Airspace Designations and 
Reporting Points, dated August 13, 2018, and effective September 15, 
2018. FAA Order 7400.11C is publicly available as listed in the 
ADDRESSES section of this document. FAA Order 7400.11C lists Class A, 
B, C, D, and E airspace areas, air traffic service routes, and 
reporting points.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 71 by modifying the descriptions of VOR Federal airways V-217 and 
V-228 due to the planned decommissioning of the Chicago O'Hare, IL, 
VOR/DME. The VOR Federal airway changes are described below.
    V-217: V-217 extends between the intersection of the Chicago 
O'Hare, IL, 316[deg]/DuPage, IL, 359[deg] and Northbrook, IL, 291[deg] 
radials (FARMM fix) and the Winnipeg, MB, Canada, VOR/Tactical Air 
Navigation (VORTAC). The airway segment between the intersection of the 
Chicago O'Hare, IL, 316[deg]/DuPage, IL, 359[deg] and Northbrook, IL, 
291[deg] radials (FARMM fix) and the intersection of the Chicago O'Hare 
316[deg] and Badger, WI, 193[deg] radials (BESIE fix) is removed. 
Additionally, the BESIE fix is amended in the airway description to 
describe it as the intersection of the Madison, WI, 138[deg] and the 
Badger, WI, 193[deg] radials, and the spelling of the Winnipeg VORTAC 
name is corrected from ``Winnepeg'' to ``Winnipeg.'' The

[[Page 54241]]

unaffected portions of the existing airway remain as charted.
    V-228: V-228 extends between the Dells, WI, VORTAC and the Gipper, 
MI, VORTAC. The airway segment between the intersection of the Madison, 
WI, 138[deg] and Chicago O'Hare, IL, 316[deg] radials (BESIE fix) and 
the intersection of the Chicago O'Hare, IL, 316[deg] and Northbrook, 
IL, 291[deg] radials (FARMM fix) is removed. Additionally, the BESIE 
fix is amended in the airway description to describe it as the 
intersection of the Madison, WI, 138[deg] and the Badger, WI, 193[deg] 
radials, and the FARMM fix will be amended in the airway description to 
describe it as the intersection of the DuPage, IL, 359[deg] and the 
Northbrook, IL, 291[deg] radial. The unaffected portions of the 
existing airway remain as charted.
    All radials in the route descriptions below are stated in True 
degrees.

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 
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 has determined that this action of modifying VOR Federal 
airways V-217 and V-228 near the Chicago O'Hare International Airport, 
IL, qualifies for categorical exclusion under the National 
Environmental Policy Act 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). 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. 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).

Adoption of 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 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 7400.11C, 
Airspace Designations and Reporting Points, dated August 13, 2018 and 
effective September 15, 2018, is amended as follows:

Paragraph 6010(a) Domestic VOR Federal Airways.

* * * * *

V-217 [Amended]

    From INT Madison, WI, 138[deg] and Badger, WI, 193[deg] radials; 
Badger; Green Bay, WI; Rhinelander, WI; Duluth, MN; Hibbing, MN; 
Baudette, MN; INT Baudette 313[deg] and Winnipeg, MB, Canada, 
117[deg] radials; to Winnipeg. The airspace within Canada is 
excluded. In addition, the portion of this airway that lies within 
the Beaver MOA is excluded when the Beaver MOA is active.
* * * * *

V-228 [Amended]

    From Dells, WI; Madison, WI; to INT Madison 138[deg] and Badger, 
WI, 193[deg] radials. From INT DuPage, IL, 359[deg] and Northbrook, 
IL, 291[deg] radials; Northbrook; INT Northbrook 110[deg] and 
Gipper, MI, 290[deg] radials; to Gipper.

    Issued in Washington, DC, on October 24, 2018.
Rodger A. Dean Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2018-23562 Filed 10-26-18; 8:45 am]
 BILLING CODE 4910-13-P