[Federal Register Volume 87, Number 202 (Thursday, October 20, 2022)]
[Rules and Regulations]
[Pages 63679-63680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22185]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2022-0333; Airspace Docket No. 22-AGL-6]
RIN 2120-AA66
Amendment of VOR Federal Airway V-36; Northcentral United States
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action amends VHF Omnidirectional Range (VOR) Federal
airway V-36 by establishing an airway segment within United States
(U.S.) airspace over Lake Superior. The new V-36 airway segment
replaces a similar segment that was inadvertently removed in a previous
rulemaking action supporting NAV CANADA's Navigational Aid (NAVAID)
Modernization Program. This action also supports cross border airway
connectivity with NAV CANADA's V-36 airway between the Thunder Bay, ON,
Canada, VOR/Distance Measuring Equipment (VOR/DME) and the Wawa, ON,
Canada, VOR/DME NAVAIDs.
DATES: Effective date 0901 UTC, December 29, 2022. 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.
ADDRESSES: FAA Order JO 7400.11G, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at 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.
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 expands the availability of the VOR Federal airway
route structure in the northcentral United States and improves the
efficient flow of air traffic crossing the U.S./Canada border flying
through U.S. and Canadian airspace.
History
The FAA published a notice of proposed rulemaking for Docket No.
FAA-2022-0333 in the Federal Register (87 FR 19821; April 6, 2022),
amending VOR Federal airway V-36. The proposed amendment replaces an
airway segment that was inadvertently removed in a previous rulemaking
action supporting NAV CANADA's NAVAID Modernization Program. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal. No comments were received.
VOR Federal airways are published in paragraph 6010(a) of FAA Order
JO 7400.11G, dated August 19, 2021, and effective September 15, 2021,
which is incorporated by reference in 14 CFR 71.1. The VOR Federal
airway listed in this document will be published subsequently in FAA
Order JO 7400.11.
Availability and Summary of Documents for Incorporation by Reference
This document amends FAA Order JO 7400.11G, Airspace Designations
and Reporting Points, dated August 19, 2021, and effective September
15, 2021. FAA Order JO 7400.11G is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11G lists Class
A, B, C, D, and E
[[Page 63680]]
airspace areas, air traffic service routes, and reporting points.
The Rule
This action amends 14 CFR part 71 by modifying V-36 to establish a
segment of the airway over Lake Superior within U.S. airspace that was
inadvertently removed in a previous rulemaking action. The modification
of V-36 supports cross border connectivity of the airway with NAV
CANADA's V-36 airway between the Thunder Bay VOR/DME and Wawa VOR/DME.
The airway action is described below.
V-36: V-36 extends between the Wawa, ON, Canada, VOR/DME and the
Sault Ste Marie, MI, VOR/DME; and between the Elmira, NY, VOR/DME and
the intersection of the La Guardia, NY, VOR/DME 310[deg] and
Stillwater, NJ, VOR/DME 043[deg] radials (NEION fix). The airspace
within Canada is excluded. An airway segment is established within U.S.
airspace that connects to NAV CANADA's V-36 airway segments between the
Thunder Bay, ON, Canada, VOR/DME and the Wawa, ON, Canada, VOR/DME;
providing cross border connectivity for the airway between the two
NAVAIDs. As a result, V-36 will extend between the Thunder Bay, ON,
Canada, VOR/DME and the Sault Ste Marie, MI, VOR/DME; and between the
Elmira, NY, VOR/DME and the intersection of the La Guardia, NY, VOR/DME
310[deg] and the Stillwater, NJ, VOR/DME 043[deg] radials (NEION fix).
The airspace within Canada will continue to be excluded.
The NAVAID radials listed in the V-36 description below are
unchanged and stated in True degrees.
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 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 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
The FAA has determined that this action of amending VOR Federal
airway V-36, to establish an airway segment inadvertently removed in a
previous rulemaking action, 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). 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).
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 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.
Sec. 71.1 [Amended]
0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:
Paragraph 6010(a) Domestic VOR Federal Airways.
* * * * *
V-36 [Amended]
From Thunder Bay, ON, Canada; Wawa, ON, Canada; to Sault Ste
Marie, MI. From Elmira, NY; INT Elmira 110[deg] and LaGuardia, NY,
310[deg] radials; to INT LaGuardia 310[deg] and Stillwater, NJ,
043[deg] radials. The airspace within Canada is excluded.
* * * * *
Issued in Washington, DC, on October 6, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-22185 Filed 10-19-22; 8:45 am]
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