[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Rules and Regulations]
[Pages 5731-5733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01790]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1115; Airspace Docket No. 22-AGL-10]
RIN 2120-AA66


Amendment of V-181 and T-400, and Revocation of V-250 and the 
Yankton, SD, Low Altitude Reporting Point in the Vicinity of Yankton, 
SD

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends Very High Frequency (VHF) Omnidirectional 
Range (VOR) Federal airway V-181 and Area Navigation (RNAV) route T-400 
and revokes VOR Federal airway V-250 and the Yankton, SD, Low Altitude 
Reporting Point. The FAA is taking this action due to the planned 
decommissioning of the VOR portion of the Yankton, SD, VOR/Distance 
Measuring Equipment (VOR/DME) navigational aid (NAVAID). The Yankton 
VOR is being decommissioned in support of the FAA's VOR Minimum 
Operational Network (MON) program.

DATES: Effective date 0901 UTC, April 20, 2023. 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

[[Page 5732]]

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 modifies the route structure as necessary to preserve 
the safe and efficient flow of air traffic within the National Airspace 
System.

History

    The FAA published a notice of proposed rulemaking (NPRM) for Docket 
No. FAA-2022-1115 in the Federal Register (87 FR 58041; September 23, 
2022), amending VOR Federal airway V-181 and RNAV route T-400 and 
revoking VOR Federal airway V-250 and the Yankton, SD, Low Altitude 
Reporting Point due to the planned decommissioning of the VOR portion 
of the Yankton, SD, VOR/DME NAVAID. 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), United 
States Area Navigation Routes (T-routes) are published in paragraph 
6011, and Domestic Low Altitude Reporting Points are published in 
paragraph 7001 of FAA Order JO 7400.11G, dated August 19, 2022, and 
effective September 15, 2022, which is incorporated by reference in 14 
CFR 71.1. The Air Traffic Service (ATS) route and low altitude 
reporting point actions listed in this document will be published 
subsequently in FAA Order JO 7400.11.

Differences From the NPRM

    Subsequent to the NPRM, the FAA published a rule for Docket No. 
FAA-2022-0248 in the Federal Register (87 FR 64695; October 26, 2022), 
amending VOR Federal airway V-181 by removing the airway segment 
between the Sioux Falls, SD, VOR/Tactical Air Navigation (VORTAC) and 
the Fargo, ND, VOR/DME. That airway amendment, effective December 29, 
2022, is included in this rule.

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, 2022, and effective September 
15, 2022. 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 airspace areas, air traffic service routes, and 
reporting points.

The Rule

    This action amends 14 CFR part 71 by amending VOR Federal airway V-
181 and RNAV route T-400 and revoking VOR Federal airway V-250 and the 
Yankton, SD, low altitude reporting point. The ATS route and low 
altitude reporting point amendments and revocations are due to the 
planned decommissioning of the Yankton, SD, VOR. The ATS route and low 
altitude reporting point actions are described below.
    V-181: V-181 extends between the Kirksville, MO, VORTAC and the 
Sioux Falls, SD, VORTAC; and between the Fargo, ND, VOR/DME and the 
Grand Forks, ND, VOR/DME. The airway segment overlying the Yankton VOR/
DME between the Norfolk, NE, VOR/DME and the Sioux Falls, SD, VORTAC is 
removed. As amended, the airway is changed to extend between the 
Kirksville, MO, VORTAC and the Norfolk, NE, VOR/DME and between the 
Fargo, ND, VOR/DME and the Grand Forks, ND, VOR/DME.
    V-250: V-250 extends between the O'Neill, NE, VORTAC and the 
Yankton, SD, VOR/DME. The airway is removed in its entirety.
    T-400: T-400 extends between the LLUKY, NE, waypoint (WP) and the 
ZOSAG, MN, WP. The IMUPP, SD, WP on the route is replaced with the 
FIITS, SD, WP to define the route crossing point between T-400 and T-
405. The full T-400 route description is listed in the amendments to 
part 71 as set forth below.
    Yankton, SD: The Yankton, SD, low altitude reporting point is 
removed.
    FAA Order JO 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-181 and RNAV route T-400 and revoking VOR Federal airway V-250 
and the Yankton, SD, Low Altitude Reporting Point, due to the planned 
decommissioning of the VOR portion of the Yankton, SD, VOR/DME NAVAID, 
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); paragraph 5-6.5b, which categorically excludes 
from further environmental impact review actions regarding 
establishment of jet routes and Federal airways (see 14 CFR 71.15, 
Designation of jet routes and VOR Federal airways); paragraph 5-6.5i, 
which categorically excludes from further environmental impact review 
the establishment of new or revised air traffic control procedures 
conducted at 3,000 feet or more above ground level (AGL); procedures 
conducted below 3,000 feet AGL that do not cause traffic to be 
routinely routed over noise sensitive areas; modifications to currently 
approved procedures conducted below 3,000 feet AGL that do not 
significantly increase noise over noise sensitive areas; and increases 
in minimum altitudes and landing minima; and paragraph 5-6.5k, which 
categorically excludes from further environmental impact review the 
publication of existing air traffic control procedures that do not 
essentially change existing tracks, create new tracks, change altitude, 
or change

[[Page 5733]]

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. 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-181 [Amended]

    From Kirksville, MO; Lamoni, IA; Omaha, IA; to Norfolk, NE. From 
Fargo, ND; to Grand Forks, ND.
* * * * *

V-250 [Removed]

* * * * *

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-400 LLUKY, NE to ZOSAG, MN [Amended]
 
LLUKY, NE                                       WP                             (Lat. 42[deg]29'20.26'' N, long. 098[deg]38'11.44'' W)
FIITS, SD                                       WP                             (Lat. 42[deg]55'06.67'' N, long. 097[deg]23'06.12'' W)
DURWN, MN                                       WP                             (Lat. 43[deg]38'48.91'' N, long. 095[deg]34'55.87'' W)
MEMCO, MN                                       WP                             (Lat. 44[deg]13'11.42'' N, long. 093[deg]54'45.23'' W)
ZOSAG, MN                                       WP                             (Lat. 44[deg]49'30.74'' N, long. 093[deg]26'34.08'' W)
 

* * * * *

Paragraph 7001 Domestic Low Altitude Reporting Points.

* * * * *

Yankton, SD [Removed]

* * * * *

    Issued in Washington, DC, on January 24, 2023.
Brian Konie,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-01790 Filed 1-27-23; 8:45 am]
BILLING CODE 4910-13-P