[Federal Register Volume 88, Number 101 (Thursday, May 25, 2023)]
[Rules and Regulations]
[Pages 33826-33828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11092]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1558; Airspace Docket No. 22-AGL-11]
RIN 2120-AA66


Amendment and Establishment of Air Traffic Service (ATS) Routes 
in the Vicinity of Devils Lake, ND

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Very High Frequency (VHF) Omnidirectional 
Range (VOR) Federal airways V-169, V-170, and V-430, and Area 
Navigation (RNAV) route T-331; and establishes RNAV route T-475. The 
FAA is taking this action due to the planned decommissioning of the VOR 
portion of the Devils Lake, ND (DVL), VOR/Distance Measuring Equipment 
(VOR/DME) navigational aid (NAVAID). The Devils Lake VOR is being 
decommissioned 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 notice 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, 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 modifies the Air Traffic Service (ATS) routes as 
necessary to preserve the safe and efficient flow of air traffic within 
the National Airspace System (NAS).

History

    The FAA published a notice of proposed rulemaking for Docket No. 
FAA-2022-1558 in the Federal Register (87 FR 76594; December 15, 2022), 
amending VOR Federal airways V-169, V-170, and V-430, and RNAV route T-
331; and establishing RNAV route T-475 due to the planned 
decommissioning of the VOR portion of the Devils Lake, ND, VOR/DME 
NAVAID. Interested parties were invited to participate in this 
rulemaking effort by submitting written comments on the proposal. No 
comments were received.

Differences From the NPRM

    Subsequent to the NPRM, the FAA published a rule for Docket No. 
FAA-2023-0501 in the Federal Register (88 FR 30896; May 15, 2023), 
amending RNAV route T-331 by updating the Squaw Valley, CA, VOR/DME 
route point with its new name, the Palisades, CA, VOR/DME. That 
editorial amendment, effective August 10, 2023, does not affect the 
route alignment or structure and is included in this rule.

Incorporation by Reference

    VOR Federal airways are published in paragraph 6010(a) and United 
States Area Navigation Routes (T-routes) are published in paragraph 
6011 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 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

[[Page 33827]]

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-169, V-170, and V-430, and RNAV route T-331; and establishing RNAV 
route T-475 due to the planned decommissioning of the Devils Lake, ND, 
VOR. The ATS route actions are described below.
    V-169: V-169 currently extends between the Tobe, CO, VOR/DME and 
the Devils Lake, ND, VOR/DME. The route segment between the Bismarck, 
ND, VOR/DME and the Devils Lake, ND, VOR/DME is removed. As amended, 
the airway extends between the Tobe VOR/DME and the Bismarck VOR/DME.
    V-170: V-170 currently extends between the Devils Lake, ND, VOR/DME 
and the Sioux Falls, SD, VOR/Tactical Air Navigation (VORTAC); between 
the Rochester, MN, VOR/DME and the Salem, MI, VORTAC; and between the 
Slate Run, PA, VORTAC and the intersection of the Andrews, MD, VORTAC 
060[deg] and Baltimore, MD, VORTAC 165[deg] radials (POLLA Fix). The 
airspace within R-5802 is excluded when active. The airway segment 
between the Devils Lake, ND, VOR/DME and the Jamestown, SD, VOR/DME is 
removed. As amended, the airway extends between the Jamestown VOR/DME 
and the Sioux Falls VORTAC; between the Rochester VOR/DME and the Salem 
VORTAC, and between the Slate Run VORTAC and the POLLA Fix. The R-5802 
exclusion language remains unchanged.
    V-430: V-430 currently extends between the Cut Bank, MT, VOR/DME 
and the Escanaba, MI, VOR/DME. The airway segment between the Minot, 
ND, VOR/DME and the Grand Forks, ND, VOR/DME is removed. As amended, 
the airway extends between the Cut Bank VOR/DME and the Minot VOR/DME, 
and between the Grand Forks VOR/DME and the Escanaba VOR/DME.
    T-331: T-331 currently extends between the FRAME, CA, Fix and the 
FONIA, ND, Fix. The route is extended eastward from the FONIA Fix to 
the MECNU, MN, Fix located near the western shore of Lake Superior and 
the United States/Canada border. The T-331 extension overlies the 
current V-430 airway between the FIONA Fix and the Duluth, MN, VORTAC 
to provide an RNAV route alternative for the V-430 airway segment 
removed as noted previously. From the Duluth VORTAC, T-331 overlies VOR 
Federal airway V-13 to the MECNU Fix. The full route description is 
listed in the amendments to part 71 as set forth below.
    T-475: T-475 is a new RNAV route that extends between the Bismarck, 
ND, VOR/DME and the GICHI, ND, waypoint (WP) located near the Devils 
Lake, ND, VOR/DME. The new route overlies the current V-169 airway and 
serves as a RNAV route alternative for the V-169 airway segment removed 
as noted previously. The full route description is listed in the 
amendments to part 71 as set forth below.
    The NAVAID radials listed in the VOR Federal airway descriptions 
below are unchanged and stated in degrees True north.

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 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-169, V-170, and V-430, and RNAV route T-331; and establishing 
RNAV route T-475 due to the planned decommissioning of the VOR portion 
of the Devils Lake, ND, 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); 
operation of civil aircraft in a defense area, or to, within, or out of 
the United States through a designated Air Defense Identification Zone 
(ADIZ) (14 CFR part 99, Security Control of Air Traffic); 
authorizations for operation of moored balloons, moored kites, amateur 
rockets, and unmanned free balloons (see 14 CFR part 101, Moored 
Balloons, Kites, Amateur Rockets and Unmanned Free Balloons); and, 
authorizations of parachute jumping and inspection of parachute 
equipment (see 14 CFR part 105, Parachute Operations); paragraph 5-
6.5i, which categorically excludes from further environment 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. For modifications to 
air traffic procedures at or above 3,000 feet AGL, the Noise Screening 
Tool (NST) or other FAA-approved environmental screening methodology 
should be applied; 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 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:

[[Page 33828]]

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-169 [Amended]

    From Tobe, CO; 69 MSL, Hugo, CO; 38 miles, 67 MSL, Thurman, CO; 
Akron, CO; Sidney, NE; Scottsbluff, NE; Toadstool, NE; Rapid City, 
SD; Dupree, SD; to Bismarck, ND.
* * * * *

V-170 [Amended]

    From Jamestown, ND; Aberdeen, SD; to Sioux Falls, SD. From 
Rochester, MN; Nodine, MN; Dells, WI; INT Dells 097[deg] and Badger, 
WI, 304[deg] radials; Badger; INT Badger 121[deg] and Pullman, MI, 
282[deg] radials; Pullman; to Salem, MI. From Slate Run, PA; 
Selinsgrove, PA; Ravine, PA; INT Ravine 125[deg] and Modena, PA, 
318[deg] radials; Modena; Dupont, DE; INT Dupont 223[deg] and 
Andrews, MD, 060[deg] radials; to INT Andrews 060[deg] and 
Baltimore, MD, 165[deg] radials. The airspace within R-5802 is 
excluded when active.
* * * * *

V-430 [Amended]

    From Cut Bank, MT; 10 miles, 74 miles 55 MSL, Havre, MT; 14 
miles, 100 miles 50 MSL, Glasgow, MT; INT Glasgow 100[deg] and 
Williston, ND, 263[deg] radials; 22 miles, 33 miles 55 MSL, 
Williston; to Minot, ND. From Grand Forks, ND; Thief River Falls, 
MN; INT Thief River Falls 122[deg] and Grand Rapids, MN, 292[deg] 
radials; Grand Rapids; Duluth, MN; Ironwood, MI; Iron Mountain, MN; 
to Escanaba, MI.
* * * * *

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-331 FRAME, CA to MECNU, MN [Amended]
 
FRAME, CA                                       FIX                            (Lat. 36[deg]36'46.74'' N, long. 119[deg]40'25.53'' W)
NTELL, CA                                       WP                             (Lat. 36[deg]53'58.99'' N, long. 119[deg]53'22.21'' W)
KARNN, CA                                       FIX                            (Lat. 37[deg]09'03.79'' N, long. 121[deg]16'45.22'' W)
VINCO, CA                                       FIX                            (Lat. 37[deg]22'35.11'' N, long. 121[deg]42'59.52'' W)
NORCL, CA                                       WP                             (Lat. 37[deg]31'02.66'' N, long. 121[deg]43'10.60'' W)
MOVDD, CA                                       WP                             (Lat. 37[deg]39'40.88'' N, long. 121[deg]26'53.53'' W)
EVETT, CA                                       WP                             (Lat. 38[deg]00'36.11'' N, long. 121[deg]07'48.14'' W)
TIPRE, CA                                       WP                             (Lat. 38[deg]12'21.00'' N, long. 121[deg]02'09.00'' W)
Palisades, CA (SWR)                             VOR/DME                        (Lat. 39[deg]10'49.16'' N, long. 120[deg]16'10.60'' W)
TRUCK, CA                                       FIX                            (Lat. 39[deg]26'15.67'' N, long. 120[deg]09'42.48'' W)
Mustang, NV (FMG                                VORTAC                         (Lat. 39[deg]31'52.60'' N, long. 119[deg]39'21.87'' W)
Lovelock, NV (LLC)                              VORTAC                         (Lat. 40[deg]07'30.95'' N, long. 118[deg]34'39.34'' W)
Battle Mountain, NV (BAM)                       VORTAC                         (Lat. 40[deg]34'08.69'' N, long. 116[deg]55'20.12'' W)
TULIE, ID                                       WP                             (Lat. 42[deg]37'58.49'' N, long. 113[deg]06'44.54'' W)
AMFAL, ID                                       WP                             (Lat. 42[deg]45'56.67'' N, long. 112[deg]50'04.64'' W)
Pocatello, ID (PIH)                             VOR/DME                        (Lat. 42[deg]52'13.38'' N, long. 112[deg]39'08.05'' W)
VIPUC, ID                                       FIX                            (Lat. 43[deg]21'09.64'' N, long. 112[deg]14'44.08'' W)
Idaho Falls, ID (IDA)                           VOR/DME                        (Lat. 43[deg]31'08.42'' N, long. 112[deg]03'50.10'' W)
SABAT, ID                                       FIX                            (Lat. 44[deg]00'59.71'' N, long. 111[deg]39'55.04'' W)
Billings, MT (BIL)                              VORTAC                         (Lat. 45[deg]48'30.81'' N, long. 108[deg]37'28.73'' W)
EXADE, MT                                       FIX                            (Lat. 47[deg]35'56.78'' N, long. 104[deg]32'40.61'' W)
JEKOK, ND                                       WP                             (Lat. 47[deg]59'31.05'' N, long. 103[deg]27'17.51'' W)
FONIA, ND                                       FIX                            (Lat. 48[deg]15'35.07'' N, long. 103[deg]10'37.54'' W)
Minot, ND (MOT)                                 VOR/DME                        (Lat. 48[deg]15'37.21'' N, long. 101[deg]17'13.46'' W)
GICHI, ND                                       WP                             (Lat. 48[deg]06'54.20'' N, long. 098[deg]54'45.14'' W)
Grand Forks, ND (GFK)                           VOR/DME                        (Lat. 47[deg]57'17.40'' N, long. 097[deg]11'07.33'' W)
Thief River Falls, MN (TVF)                     VOR/DME                        (Lat. 48[deg]04'09.53'' N, long. 096[deg]11'11.31'' W)
BLUOX, MN                                       FIX                            (Lat. 47[deg]34'33.13'' N, long. 095[deg]01'29.11'' W)
Duluth, MN (DLH)                                VORTAC                         (Lat. 46[deg]48'07.79'' N, long. 092[deg]12'10.33'' W)
MECNU, MN                                       FIX                            (Lat. 47[deg]58'26.68'' N, long. 089[deg]59'33.66'' W)
 
                                                                     * * * * * * *
T-475 Bismarck, ND (BIS) to GICHI, ND [New]
 
Bismarck, ND (BIS)                              VOR/DME                        (Lat. 46[deg]45'42.34'' N, long. 100[deg]39'55.47'' W)
GICHI, ND                                       WP                             (Lat. 48[deg]06'54.20'' N, long. 098[deg]54'45.14'' W)
 

* * * * *

    Issued in Washington, DC, on May 18, 2023.
Brian Konie,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-11092 Filed 5-24-23; 8:45 am]
BILLING CODE 4910-13-P