[Federal Register Volume 85, Number 214 (Wednesday, November 4, 2020)]
[Proposed Rules]
[Pages 70093-70096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24288]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0923; Airspace Docket No. 20-AEA-18]
RIN 2120-AA66


Proposed Amendment, Establishment, and Revocation of Multiple Air 
Traffic Service (ATS) Routes in the Vicinity of Henderson, WV

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This action proposes to amend Jet Route J-134, Area Navigation 
(RNAV) route Q-67, and VHF Omnidirectional Range (VOR) Federal airways 
V-45 and V-119; establish RNAV route Q-176; and remove Jet Route J-91 
and VOR Federal airway V-174 in the vicinity of Henderson, WV. The Air 
Traffic Service (ATS) route modifications are necessary due to the 
planned decommissioning of the VOR portion of the Henderson, WV, VOR/
Tactical Air Navigation (VORTAC) navigation aid (NAVAID). The NAVAID 
provides navigation guidance for portions of the affected air traffic 
service (ATS) routes. The VOR is being decommissioned as part of the 
FAA's VOR Minimum Operational Network (MON) program.

DATES: Comments must be received on or before December 21, 2020.

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-2020-0923; Airspace Docket No. 20-AEA-18 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: 
[email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, 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 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. 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

[[Page 70094]]

regulatory, aeronautical, economic, environmental, and energy-related 
aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No. 
FAA-2020-0923; Airspace Docket No. 20-AEA-18) 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-2020-0923; Airspace Docket No. 20-AEA-18.'' 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 NPRMs

    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, Central 
Service Center, Federal Aviation Administration, 10101 Hillwood 
Parkway, Fort Worth, TX, 76177.

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 is planning decommissioning activities for the VOR portion 
of the Henderson, WV, VORTAC in June 2021. The VOR portion of the 
Henderson, WV, VORTAC is a candidate VOR identified for discontinuance 
by the FAA's VOR MON program and listed in the final policy statement 
notice, ``Provision of Navigation Services for the Next Generation Air 
Transportation System (NextGen) Transition to Performance-Based 
Navigation (PBN) (Plan for Establishing a VOR Minimum Operational 
Network),'' published in the Federal Register of July 26, 2016 (81 FR 
48694), Docket No. FAA-2011-1082.
    Although the VOR portion of the Henderson VORTAC is planned for 
decommissioning, the co-located DME portion of the NAVAID is being 
retained.
    The existing ATS route dependencies to the Henderson, WV, VORTAC 
NAVAID are Jet Routes J-91 and J-134, and VOR Federal airways V-45, V-
119, and V-174.
    With the planned decommissioning of the VOR portion of the 
Henderson, WV, VORTAC, the remaining ground-based NAVAID coverage in 
the area is insufficient to enable the continuity of the affected Jet 
Routes and VOR Federal airways. As such, proposed modifications to the 
affected Jet Routes would result in the removal of a route segment at 
the end of one of the routes (J-134) and in the removal of the other 
route (J-91). The proposed modifications to the affected VOR Federal 
airways would result in an increased gap in one of the airways (V-45), 
the removal of an affected airway segment at the beginning of another 
airway (V-119), and the removal of the remaining airway (V-174).
    To overcome the loss of two ATS routes, the increased gap in 
another route, and the loss of route segments at the beginning and end 
of the other ATS routes, instrument flight rules (IFR) traffic could 
use adjacent ATS routes, including Jet Routes J-6, J-24, J-85, and J-
145; RNAV routes Q-67, Q-68, Q-71, Q-80, and Q-145; and VOR Federal 
airways V-4, V-35, V-38, V-44, V-115, V-128, V-133, and V-309, or 
receive air traffic control (ATC) radar vectors to fly through or 
circumnavigate the affected area. Additionally, IFR pilots equipped 
with RNAV PBN capabilities could also navigate point to point using the 
existing fixes that will remain in place to support continued 
operations though the affected area. Visual flight rules (VFR) pilots 
who elect to navigate via the airways through the affected area could 
also take advantage of the adjacent VOR Federal airways or ATC services 
listed previously.
    Further, the FAA proposes to retain RNAV route Q-67 as it is 
charted today, but change the ending route point from the DARYN, WV, 
waypoint (WP) to the Henderson, WV, DME. The Henderson DME is located 
approximately 1 nautical mile southwest and just short of the DARYN WP 
on Q-67. Changing the ending route point from the DARYN WP to the 
Henderson DME would overlay the Q-67 route segment between the TONIO, 
KY, FIX and the Henderson DME on the J-91 routing proposed to be 
removed.
    Lastly, the FAA proposes to establish RNAV route Q-176 between the 
Cimarron, NM, VORTAC and the OTTTO, VA, WP. This Q-route would be a 
direct overlay of Jet Route J-134 and mitigate the loss of the J-134 
route segment affected by the planned decommissioning of the VOR 
portion of the Henderson, WV, VORTAC. Additionally, establishing Q-176 
would provide RNAV routing capability from the Cimarron, NM, area 
eastward to the Front Royal, VA, area; as well as, support ongoing FAA 
NextGen efforts to transition the NAS to performance-based navigation.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal 
Regulations (14 CFR) part 71 by modifying Jet Route J-134, RNAV route 
Q-67, and VOR Federal airways V-45 and V-119; establishing RNAV route 
Q-176; and removing Jet Route J-91 and VOR Federal airway V-174. The 
planned decommissioning of the VOR portion of the Henderson, WV, VORTAC 
has made this action necessary.
    The proposed Jet Route changes are outlined below.
    J-91: J-91 currently extends between the Volunteer, TN, VORTAC and 
the Henderson, KY, VORTAC. The FAA proposes to remove the route in its 
entirety.
    J-134: J-134 currently extends between the Los Angeles, CA, VORTAC 
and the Linden, VA, VORTAC. The FAA proposes to remove the airway 
segment overlying the Henderson, KY, VORTAC between the Falmouth, KY, 
VOR/Distance Measuring Equipment (VOR/DME) and the Linden, VA, VORTAC. 
The unaffected portions of the existing route would remain as charted.

[[Page 70095]]

    The proposed RNAV route changes are outlined below.
    Q-67: Q-67 currently extends between the SMTTH, TN, WP and the 
DARYN, WV, WP. The FAA proposes to change the route end point from the 
DARYN, WV, WP to the Henderson, WV, DME (located approximately 1 
nautical mile southwest of the DARYN WP), and reduce the number of 
route points listed in the description while retaining the route as 
charted. The route would continue to provide RNAV routing capability 
from the Knoxville, TN, area northeastward to the Henderson, WV, area.
    The proposed new RNAV route is outlined below.
    Q-176: Q-176 is a proposed new route that would extend between the 
Cimarron, NM, VORTAC and the OTTTO, VA, WP. This RNAV route would 
mitigate the loss of the J-134 route segment proposed to be removed 
between the Falmouth, KY, VOR/DME and the Linden, VA, VORTAC and would 
be a direct overlay of the existing J-134. Additionally, it would 
provide RNAV routing capability from the Cimarron, NM, area eastward to 
the Front Royal, VA, area.
    The proposed VOR Federal airway changes are outlined below.
    V-45: V-45 currently extends between the New Bern, NC, VOR/DME and 
the Appleton, OH, VORTAC; and between the Saginaw, MI, VOR/DME and the 
Sault Ste Marie, MI, VOR/DME. The FAA proposes to remove the airway 
segment overlying the Henderson, WV, VORTAC between the Charleston, WV, 
VOR/DME and the Appleton, OH, VORTAC. The unaffected portions of the 
existing airway would remain as charted.
    V-119: V-119 currently extends between the Henderson, WV, VORTAC 
and the Clarion, PA, VOR/DME. The FAA proposes to remove the airway 
segment overlying the Henderson, WV, VORTAC between the Henderson, WV, 
VORTAC and the Parkersburg, WV, VOR/DME. Additional changes to other 
portions of the airway have been proposed in a separate NPRM. The 
unaffected portions of the existing airway would remain as charted.
    V-174: V-174 currently extends between the York, KY, VORTAC and the 
Elkins, WV, VORTAC. The FAA proposes to remove the airway in its 
entirety.
    All NAVAID radials in the VOR Federal airway descriptions below are 
unchanged and stated in True degrees.
    Jet Routes are published in paragraph 2004, United States RNAV Q-
routes are published in paragraph 2006, and VOR Federal airways are 
published in paragraph 6010(a) 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 ATS routes listed in this document would 
be subsequently published in 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 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.

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

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 7400.11E, 
Airspace Designations and Reporting Points, dated July 21, 2020, and 
effective September 15, 2020, is amended as follows:

Paragraph 2004 Jet Routes.

* * * * *

J-91 [Removed]

* * * * *

J-134 [Amended]

    From Los Angeles, CA; Seal Beach, CA; Thermal, CA; Parker, CA; 
Drake, AZ; Gallup, NM; Cimarron, NM; Liberal, KS; Wichita, KS; 
Butler, MO; St Louis, MO; to Falmouth, KY.
* * * * *

Paragraph 2006 United States Area Navigation Routes.

* * * * *

Q-67 SMTTH, TN to Henderson, WV (HNN) [Amended]
----------------------------------------------------------------------------------------------------------------
SMTTH, TN               WP                     (Lat. 35[deg]54'41.57'' N, long. 084[deg]00'19.74'' W)
----------------------------------------------------------------------------------------------------------------
TONIO, KY               FIX                    (Lat. 37[deg]15'15.20'' N, long. 083[deg]01'47.53'' W)
Henderson, WV (HNN)     DME                    (Lat. 38[deg]45'14.85'' N, long. 082[deg]01'34.20'' W)
 
                                                  * * * * * * *
Q-176 Cimarron, NM (CIM) to OTTTO, VA [New]
----------------------------------------------------------------------------------------------------------------
Cimarron, NM (CIM)      VORTAC                 (Lat. 36[deg]29'29.03'' N, long. 104[deg]52'19.20'' W)
----------------------------------------------------------------------------------------------------------------
KENTO, NM               WP                     (Lat. 36[deg]44'19.10'' N, long. 103[deg]05'57.13'' W)
Liberal, KS (LBL)       VORTAC                 (Lat. 37[deg]02'39.82'' N, long. 100[deg]58'16.31'' W)

[[Page 70096]]

 
Wichita, KS (ICT)       VORTAC                 (Lat. 37[deg]44'42.92'' N, long. 097[deg]35'01.79'' W)
Butler, MO (BUM)        VORTAC                 (Lat. 38[deg]16'19.49'' N, long. 094[deg]29'17.74'' W)
St Louis, MO (STL)      VORTAC                 (Lat. 38[deg]51'38.48'' N, long. 090[deg]28'56.52'' W)
GBEES, IN               FIX                    (Lat. 38[deg]41'54.72'' N, long. 085[deg]10'13.03'' W)
BICKS, KY               WP                     (Lat. 38[deg]38'29.92'' N, long. 084[deg]25'20.82'' W)
Henderson, WV (HNN)     DME                    (Lat. 38[deg]45'14.85'' N, long. 082[deg]01'34.20'' W)
OTTTO, VA               WP                     (Lat. 38[deg]51'15.81'' N, long. 078[deg]12'20.01'' W)
 
                                                  * * * * * * *
 

* * * * *

V-45 [Amended]

    From New Bern, NC; Kinston, NC; Raleigh-Durham, NC; INT Raleigh-
Durham 275[deg] and Greensboro, NC, 105[deg] radials; Greensboro; 
INT Greensboro 334[deg] and Pulaski, VA, 147[deg] radials; Pulaski; 
Bluefield, WV; to Charleston, WV. From Saginaw, MI; Alpena, MI; to 
Sault Ste Marie, MI.
* * * * *

V-119 [Amended]

    From Parkersburg, WV; INT Parkersburg 067[deg] and Indian Head, 
PA, 254[deg]radials; Indian Head; to Clarion, PA.
* * * * *

V-174 [Removed]

* * * * *

    Issued in Washington, DC, on October 29, 2020.
George Gonzalez,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2020-24288 Filed 11-3-20; 8:45 am]
BILLING CODE 4910-13-P