[Federal Register Volume 88, Number 74 (Tuesday, April 18, 2023)]
[Proposed Rules]
[Pages 23593-23595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08175]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-0955; Airspace Docket No. 22-AGL-37]
RIN 2120-AA66


Revocation of VOR Federal Airway V-456 and Mankato, MN, Low 
Altitude Reporting Point; Mankato, MN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to revoke Very High Frequency (VHF) 
Omnidirectional Range (VOR) Federal airway V-456 and the Mankato, MN, 
Low Altitude Reporting Point. The FAA is proposing this action due to 
the planned decommissioning of the VOR portion of the Mankato, MN 
(MKT), VOR/Distance Measuring Equipment (VOR/DME) navigational aid 
(NAVAID). The Mankato VOR is being decommissioned in support of the 
FAA's VOR Minimum Operational Network (MON) program.

DATES: Comments must be received on or before June 2, 2023.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-0955 and 
Airspace Docket No. 22-AGL-37 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow 
the 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.

[[Page 23594]]

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) and Domestic 
Low Altitude Reporting Points are published in paragraph 7001 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 Mankato, 
MN, VOR/DME in November 2023. The Mankato 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 Mankato VOR/DME NAVAID is planned 
for decommissioning, the co-located DME portion of the NAVAID is being 
retained to support NextGen PBN flight procedure requirements.
    The VOR Federal airway and reporting point affected by the planned 
Mankato, MN, VOR decommissioning are V-456 and the Mankato, MN, low 
altitude reporting point. With the planned decommissioning of the 
Mankato VOR, the remaining ground-based NAVAID coverage in the area is 
insufficient to enable the continuity of V-456. As such, V-456 and the 
Mankato low altitude reporting point are proposed to be revoked.
    To address these proposed revocations, instrument flight rules 
(IFR) traffic could use adjacent VOR Federal airways V-24, V-26, V-398, 
and V-505 or receive air traffic control (ATC) radar vectors to fly 
around or through the affected area. Additionally, pilots equipped with 
RNAV capabilities could use Area Navigation (RNAV) route T-400 or 
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 ATS routes or 
ATC services listed previously.

The Proposal

    The FAA is proposing to amend 14 CFR part 71 by revoking VOR 
Federal airway V-456 and the Mankato, MN, low altitude reporting point. 
The VOR Federal airway and low altitude reporting point revocations are 
due to the planned decommissioning of the Mankato, MN, VOR. The 
proposed airway and low altitude reporting point actions are described 
below.
    V-456: V-456 currently extends between the Mankato, MN, VOR/DME and 
the Flying Cloud, MN, VOR/DME NAVAIDs. The FAA proposes to remove the 
airway in its entirety.
    Mankato, MN: The FAA proposes to remove the Mankato, MN, low 
altitude reporting point as it would no longer be required by ATC due 
to the Mankato VOR being decommissioned.

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.

[[Page 23595]]

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-456 [Removed]

* * * * *

Paragraph 7001 Domestic Low Altitude Reporting Points.

* * * * *

Mankato, MN [Removed]

* * * * *

    Issued in Washington, DC, on April 12, 2023.
Brian Konie,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-08175 Filed 4-17-23; 8:45 am]
BILLING CODE 4910-13-P