[Federal Register Volume 88, Number 93 (Monday, May 15, 2023)]
[Rules and Regulations]
[Pages 30893-30894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10283]



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 Rules and Regulations
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  Federal Register / Vol. 88, No. 93 / Monday, May 15, 2023 / Rules and 
Regulations  

[[Page 30893]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1027; Airspace Docket No. 21-AEA-33; Docket No. 
FAA-2022-0905; Airspace Docket No. 21-AEA-26]
RIN 2120-AA66


Amendment and Revocation of VOR Federal Airways; Eastern United 
States Amendment and Revocation of VOR Federal Airways; Northeast 
United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends four Very High Frequency (VHF) 
Omnidirectional Range (VOR) Federal airways (V-33, V-157, V-213, and V-
433) in support of the FAA's VOR Minimum Operational Network (MON) 
program.

DATES: Effective date 0901 UTC, August 10, 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: A copy of the notices of proposed rulemaking (NPRM), all 
comments received, this final rule, and all background material may be 
viewed online at www.regulations.gov using the FAA Docket number. 
Electronic retrieval help and guidelines are available on the website. 
It is available 24 hours each day, 365 days each year.
    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, Federal Aviation Administration, 800 Independence 
Avenue SW, Washington, DC 20591; telephone: (202) 267-8783.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, 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.

History

    The FAA published an NPRM for Docket No. FAA-2022-1027 in the 
Federal Register (87 FR 52710; August 29, 2022) proposing to remove VOR 
Federal airways V-46, V-91, V-270, V-273, and V-499; and to amend VOR 
Federal airways V-123, V-157, V-213, V-433, and V-483. Interested 
parties were invited to participate in this rulemaking effort by 
submitting written comments on the proposal. The FAA received one 
comment but it was outside the scope of this rulemaking.
    In a previous NPRM, Docket No. FAA-2022-0905 in the Federal 
Register (87 FR 43759; July 22, 2022), the FAA had proposed to amend 
VOR Federal airway V-10, and remove airways V-33, V-99, V-377, V-403, 
and V-405. No comments were received.
    To streamline the publication of final rules in both dockets, the 
FAA decided to combine the amendments for airway V-33 with the 
amendments proposed for Docket No. FAA-2022-1027. This final rule does 
not address the removal and amendments to Federal airway V-10, V-99, V-
377, V-403, and V-405 proposed in Docket No. FAA-2022-0905. Those 
proposed changes will be addressed in a separate final rule document.

Differences From the NPRMs

    In Docket No. FAA-2022-1027, the FAA proposed to remove V-46, V-91, 
V-270, V-273, and V-499; and to amend V-123, V-157, V-213, V-433, and 
V-483. Due to staffing and training limitations, this final rule will 
not remove V-46, V-91, V-123, V-270, V-273, and V-483, or amend V-499 
at this time.
    The NPRM proposed to amend V-433 by removing the segments from 
Nottingham, MD to Bridgeport, CT in support of the planned 
decommissioning of the Nottingham, MD (OTT), VOR withTactical Air 
Navigational System (VORTAC), the Patuxent, MD (PXT), VORTAC and the 
Bridgeport, CT (BDR), VOR/Distance Measuring Equipment (DME). The 
Bridgeport VOR/DME decommissioning is not planned until a later fiscal 
year, therefore the FAA will retain the airway segments from Dupont, 
DE, to Bridgeport, CT, to provide continued availability of V-433 along 
those segments.
    In Docket No. FAA-2022-0905, the FAA proposed to amend VOR Federal 
airway V-10, and remove airways V-33, V-99, V-377, V-403, and V-405. 
Subsequently, the FAA decided to remove only the route segments from 
Harcum, VA, to Nottingham, MD, and to retain the segments of V-33 that 
extend from Baltimore, MD, to Keating, PA.

Incorporation by Reference

    Domestic VOR Federal airways are published in paragraph 6010(a) of 
FAA Order JO 7400.11G, Airspace Designations and Reporting Points, 
which is incorporated by reference in 14 CFR 71.1 on an annual basis. 
This document amends the current version of that order, FAA Order JO 
7400.11G, 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. These amendments will be published in the 
next update to FAA Order JO 7400.11.
    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 airways 
V-33,

[[Page 30894]]

V-157, V-213, and V-433. The route changes are as follows:
    V-33: V-33 consists of two parts: between Harcum, VA, and 
Nottingham, MD; and between Baltimore, MD, and Keating, PA. This action 
removes the segments between Harcum, VA, and Nottingham, MD. As 
amended, V-33 extends between Baltimore, MD, and Keating, PA. The words 
``The airspace within R-4007 is excluded'' are removed from the route 
description because the amended route no longer passes near restricted 
area R-4007.
    V-157: V-157 extends from Key West, FL, to Albany, NY. This action 
removes the segment from Richmond, VA, to Robbinsville, NJ. As a 
result, V-157 consists of two parts: from Key West, FL, to Richmond, 
VA; and from Robbinsville, NJ to Albany, NY. This change supports the 
decommissioning of the Patuxent, MD (PXT), VORTAC. With the removal of 
the above segment, the words ``The airspace within R-4005, R-4006, and 
R-4007A, and R-6602A is excluded'' are no longer required in the 
description. The exclusion of restricted area R-6602A is amended to 
read ``R-6602A, B, and C when active.''
    V-213: V-213 extends from Grand Strand, SC, to Albany, NY. This 
action removes the segment that extends between Hopewell, VA, and 
Smyrna, DE. As a result, V-213 consists of two parts: from Grand 
Strand, SC to Hopewell, VA; and from Smyrna, DE to Albany, NY. The 
words ``The airspace within R-4005 and R-4006 is excluded'' are removed 
because the amended route no longer passes near the restricted areas.
    V-433: V-433 extends from Nottingham, MD, to Syracuse, NY. This 
action removes the segments from Nottingham, MD, to Dupont, DE, in 
support of the planned decommissioning of the Nottingham, MD (OTT), 
VORTAC. As amended, V-433 extends from Dupont, DE, to Syracuse, NY.
    The full descriptions of the above routes are listed in the 
amendments to part 71 set forth below.

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 only affects air traffic procedures 
and air navigation, it is certified that this rule, when promulgated, 
does 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 
airways V-33, V-157, V-213, and V-433 in eastern United States 
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); and 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) . . .''. 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 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-33 [Amended]

    From Baltimore, MD; INT Baltimore 004[deg] and Harrisburg, PA, 
147[deg] radials; Harrisburg; Philipsburg, PA; Keating, PA.
* * * * *

V-157 [Amended]

    From Key West, FL; INT Key West 038[deg] and Dolphin, FL, 
244[deg] radials; Dolphin; INT Dolphin 331[deg] and La Belle, FL, 
113[deg] radials; La Belle; Lakeland, FL; Ocala, FL; INT Ocala 
346[deg] and Taylor, FL, 170[deg] radials; Taylor; Waycross, GA; 
Alma, GA; Allendale, SC; Vance, SC; Florence, SC; Fayetteville, NC; 
Kinston, NC; Tar River, NC; Lawrenceville, VA; to Richmond, VA. From 
Robbinsville, NJ; INT Robbinsville 044[deg] and LaGuardia, NY, 
213[deg] radials; LaGuardia; INT LaGuardia 032[deg]and Deer Park, 
NY, 326[deg] radials; INT Deer Park 326[deg] and Kingston, NY, 
191[deg] radials; Kingston, NY; to Albany, NY. The airspace within 
R-6602A, B, and C is excluded when active.
* * * * *

V-213 [Amended]

    From Grand Strand, SC, via Wilmington, NC; INT Wilmington 
352[deg] and Tar River, NC, 191[deg] radials; Tar River; to 
Hopewell, VA. From Smyrna, DE; INT Smyrna 035[deg] and Robbinsville, 
NJ, 228[deg] radials; Robbinsville; INT Robbinsville 014[deg] and 
Sparta, NJ, 174[deg] radials; Sparta; to Albany, NY.
* * * * *

V-433 [Amended]

    From Dupont, DE; Yardley, PA; INT Yardley 047[deg] and Kennedy, 
NY, 253[deg] radials; INT Kennedy 253[deg] and LaGuardia, NY, 
213[deg] radials; LaGuardia; Bridgeport, CT; INT Bridgeport 324[deg] 
and Pawling, NY, 160[deg] radials; Pawling; INT Pawling 304[deg] and 
Rockdale, NY, 116[deg] radials; Rockdale; INT Rockdale 325[deg] and 
Syracuse, NY, 100[deg] radials; to Syracuse.
* * * * *

    Issued in Washington, DC, on May 9, 2023.
Brian Konie,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-10283 Filed 5-12-23; 8:45 am]
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