[Federal Register Volume 88, Number 68 (Monday, April 10, 2023)]
[Proposed Rules]
[Pages 21142-21144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07301]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-0881; Airspace Docket No. 22-AEA-34]
RIN 2120-AA66


Amendment of VOR Federal Airways V-469 and V-501, and Revocation 
of VOR Federal Airway V-474 in the Vicinity of St. Thomas, PA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Very High Frequency (VHF) 
Omnidirectional Range (VOR) Federal airways V-469 and V-501, and revoke 
V-474. The FAA is proposing this action due to the planned 
decommissioning of the VOR portion of the St. Thomas, PA (THS), VOR/
Tactical Air Navigation (VORTAC) navigational aid (NAVAID). The St. 
Thomas VOR is being decommissioned in support of the FAA's VOR Minimum 
Operational Network (MON) program.

DATES: Comments must be received on or before May 25, 2023.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-0881 and 
Airspace Docket No. 22-AEA-34 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow 
the

[[Page 21143]]

online instructions for sending your comments electronically.
    * Mail: Send comments to Docket Operations, M-30; U.S. Department 
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West 
Building Ground Floor, Washington, DC 20590-0001.
    * Hand Delivery or Courier: Take comments to Docket Operations in 
Room W12-140 of the West Building Ground Floor at 1200 New Jersey 
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.
    * Fax: Fax comments to Docket Operations at (202) 493-2251.
    Docket: Background documents or comments received may be read at 
www.regulations.gov at any time. Follow the online instructions for 
accessing the docket or go to the Docket Operations in Room W12-140 of 
the West Building Ground Floor at 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    FAA Order JO 7400.11G, Airspace Designations and Reporting Points, 
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and 
Regulations Group, Office of Policy, 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 would modify the National Airspace System (NAS) as 
necessary to preserve the safe and efficient flow of air traffic.

Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal. The most 
helpful comments reference a specific portion of the proposal, explain 
the reason for any recommended change, and include supporting data. To 
ensure the docket does not contain duplicate comments, commenters 
should submit only one time if comments are filed electronically, or 
commenters should send only one copy of written comments if comments 
are filed in writing.
    The FAA will file in the docket all comments it receives, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this proposed rulemaking. Before acting on this 
proposal, the FAA will consider all comments it receives on or before 
the closing date for comments. The FAA will consider comments filed 
after the comment period has closed if it is possible to do so without 
incurring expense or delay. The FAA may change this proposal in light 
of the comments it receives.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

Availability of Rulemaking Documents

    An electronic copy of this document may be downloaded through the 
internet at www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's web page at 
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 
Operations office (see ADDRESSES section for address, phone number, and 
hours of operations). 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.

Incorporation by Reference

    VOR Federal airways are published in paragraph 6010(a) of FAA Order 
JO 7400.11, Airspace Designations and Reporting Points, which is 
incorporated by reference in 14 CFR 71.1 on an annual basis. This 
document proposes to amend the current version of that order, FAA Order 
JO 7400.11G, dated August 19, 2022, and effective September 15, 2022. 
These updates would be published in the next update to FAA Order JO 
7400.11. That order 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.

Background

    The FAA is planning to decommission the VOR portion of the St. 
Thomas, PA, VORTAC in November 2023. The St. Thomas VOR is one of the 
candidate VORs 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 on July 26, 2016 (81 FR 48694), Docket No. FAA-2011-
1082.
    Although the VOR portion of the St. Thomas VORTAC is planned for 
decommissioning, the co-located Tactical Air Navigation (TACAN) portion 
of the NAVAID is being retained to provide navigational service for 
military operations and Distance Measuring Equipment (DME) service 
supporting current and future NextGen PBN flight procedure 
requirements.
    The VOR Federal airways affected by the planned decommissioning of 
the St. Thomas VOR are V-469, V-474, and V-501. With the planned 
decommissioning of the St. Thomas VOR, the remaining ground-based 
NAVAID coverage in the area is insufficient to enable the continuity of 
the affected airways. As such, proposed modifications to V-469 would 
result in a gap in the airway, to V-474 would result in the airway 
being revoked, and to V-501 would result in the airway being amended to 
replace the St. Thomas VORTAC route point with a reporting point Fix.
    To address the affected airway proposed amendments and revocation, 
instrument flight rules (IFR) traffic could receive air traffic control 
(ATC) radar vectors or use adjacent VOR Federal airways V-12, V-268, or 
V-377 to fly around or through the affected

[[Page 21144]]

area. Additionally, pilots equipped with RNAV capabilities could also 
navigate point to point using the existing fixes that would remain in 
place to support continued operations though the affected area. Visual 
flight rules (VFR) pilots who elect to navigate via the affected VOR 
Federal airways could also take advantage of the adjacent airways or 
ATC services listed previously.
    Prior to this NPRM, the FAA published a rule for Docket No. FAA-
2022-1424 in the Federal Register (88 FR 18026; March 27, 2023) 
amending V-474 by removing the airway segment overlying the Indian 
Head, PA, VORTAC between the intersection of the Morgantown, WV, VOR/
Distance Measuring Equipment (VOR/DME) 010[deg] and Johnstown, PA, VOR/
DME 260[deg] radials (NESTO Fix) and the St. Thomas, PA, VORTAC. The V-
474 airway amendment is effective June 15, 2023 and is reflected in 
this action.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to amend VOR 
Federal airways V-469 and V-501, and revoke V-474 due to the planned 
decommissioning of the VOR portion of the St. Thomas, PA, VORTAC. The 
proposed airway actions are described below.
    V-469: V-469 currently extends between the Danville, VA, VORTAC and 
the Woodstown, NJ, VORTAC. The FAA proposes to remove the airway 
segment between the Johnstown, PA, VOR/DME and the Harrisburg, PA, 
VORTAC. As amended, the airway would be changed to extend between the 
Danville VORTAC and the Johnstown VOR/DME and between the Harrisburg 
VORTAC and the Woodstown VORTAC.
    V-474: V-474 currently extends between the St. Thomas, PA, VORTAC 
and the Modena, PA, VORTAC. The FAA proposes to remove the airway in 
its entirety.
    V-501: V-501 currently extends between the Martinsburg, WV, VORTAC 
and the Philipsburg, PA, VORTAC. The FAA proposes to remove the St. 
Thomas, PA, VORTAC airway point and replace it with the VINSE reporting 
point Fix at the intersection of the Harrisburg, PA, VORTAC 
244[deg](T)/254[deg](M) and Philipsburg, PA, VORTAC 178[deg](T)/
188[deg](M) radials. The VINSE Fix is being added to the Low Enroute 
charts and is located approximately three nautical miles north of the 
St. Thomas VORTAC. As amended, the airway would continue to extend 
between the Martinsburg VORTAC and the Philipsburg VORTAC.
    The NAVAID radials listed in the V-469 description below are 
unchanged and stated in degrees True north. The NAVAID radials listed 
in the V-501 description below are proposed and stated in degrees True 
(T) north and Magnetic (M) north.

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 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 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-469 [Amended]

    From Danville, VA; Lynchburg, VA; INT Lynchburg 347[deg] and 
Elkins, WV, 142[deg] radials; Elkins; Morgantown, WV; INT Morgantown 
010[deg] and Johnstown, PA, 260[deg] radials; to Johnstown. From 
Harrisburg, PA; Dupont, DE; to Woodstown, NJ.
* * * * *

V-474 [Removed]

* * * * *

V-501 [Amended]

    From Martinsburg, WV; Hagerstown, MD; INT Harrisburg, PA, 
244[deg](T)/254[deg](M) and Philipsburg, PA, 178[deg](T)/188[deg](M) 
radials; to Philipsburg.
* * * * *

    Issued in Washington, DC, on April 3, 2023.
Brian Konie,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-07301 Filed 4-7-23; 8:45 am]
BILLING CODE 4910-13-P