[Federal Register Volume 88, Number 109 (Wednesday, June 7, 2023)]
[Proposed Rules]
[Pages 37179-37181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12046]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-1325; Airspace Docket No. 23-AGL-17]
RIN 2120-AA66


Amendment of VOR Federal Airway V-36 and Establishment of RNAV 
Route T-675; Northcentral United States

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 airway V-36 and establish Area 
Navigation (RNAV) route T-675 in the northcentral United States. The 
airway amendments are necessary due to the planned decommissioning of 
the Wawa, Ontario (ON), Canada, VOR navigational aid (NAVAID). This 
action is in support of NAV CANADA's NAVAID Modernization Program 
within Canada.

DATES: Comments must be received on or before July 7, 2023.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-1325 and 
Airspace Docket No. 23-AGL-17 using any of the following methods:

[[Page 37180]]

    * 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. 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 Canadian 
Area Navigation Routes are published in paragraph 6013 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

    NAV CANADA, which operates Canada's civil air navigation service, 
is implementing changes to Canada's instrument flight rules (IFR) 
navigation infrastructure as part of their NAVAID Modernization 
Program. This modernization program is designed to enhance the 
efficiency of Canada's flying operations by taking advantage of 
performance-based navigation and RNAV avionics capabilities. The 
changes being implemented by NAV CANADA affect a portion of VOR Federal 
airway V-36 which extends across the United States/Canada border 
through United States airspace over Lake Superior, MI.
    NAV CANADA is planning to decommission the Wawa, ON, Canada, VOR in 
November 2023 as part of their NAVAID Modernization Program. As a 
result, amendment of V-36 in United States airspace is required due to 
the loss of navigational guidance between Thunder Bay, ON, Canada and 
Sault Ste Marie, MI, and to mirror the airway changes planned by NAV 
CANADA within Canadian airspace. Additionally, NAV CANADA plans to 
establish a new Canadian RNAV route, T-675, as a route replacement for 
V-36.
    To mitigate the loss of the V-36 route segment over Lake Superior 
in northern Michigan, and support NAV CANADA's planned RNAV route 
replacement for V-36, the FAA must establish a segment of the Canadian 
RNAV route T-675 over Lake Superior within United States airspace. The 
new Canadian RNAV route segment in United States airspace would provide 
airway continuity with NAV CANADA's T-675 in Canadian airspace and 
support cross border airway connectivity between the United States and 
Canada. IFR pilots could continue to be able to use adjacent VOR

[[Page 37181]]

Federal airways V-300 and V-348 or request air traffic control (ATC) 
radar vectors to fly around the affected area. IFR aircraft equipped 
with RNAV capabilities could also navigate point to point using 
airspace fixes and waypoints (WP) that will remain in place. Visual 
flight rules (VFR) pilots who elect to navigate airways could also take 
advantage of the adjacent VOR Federal airways or ATC services listed 
previously.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to amend VOR 
Federal airway V-36 and establish Canadian RNAV route T-675 in United 
States airspace. This action is being taken due to NAV CANADA's planned 
decommissioning of the Wawa, ON, Canada, VOR as part of their NAVAID 
Modernization Program. The proposed Air Traffic Service (ATS) route 
actions are described below.
    V-36: V-36 currently extends between the Thunder Bay, ON, Canada, 
VOR/DME and the Sault Ste Marie, MI, VOR/DME; and between the Elmira, 
NY, VOR/DME and the intersection of the La Guardia, NY, VOR/DME 
310[deg] and the Stillwater, NJ, VOR/DME 043[deg] radials (NEION fix). 
The airspace within Canada is excluded. The FAA proposes to remove the 
airway segment between the Thunder Bay, ON, Canada, VOR/DME and the 
Sault Ste Marie, MI, VOR/DME. The FAA also proposes to remove the 
exclusionary language. As amended, the airway would extend completely 
within United States airspace between the Elmira VOR/DME and the 
intersection of the La Guardia VOR/DME 310[deg] and the Stillwater VOR/
DME 043[deg] radials (NEION fix).
    T-675: T-675 is a new RNAV route proposed between the NOJJE, MI, 
and the RUXDU, MI, WPs replacing the ``CFZDP'' and ``CFTKM'' computer 
navigation fixes, respectively, on the United States/Canada border. The 
new RNAV route would provide route continuity and cross border 
connectivity over Lake Superior with the two T-675 route segments being 
established by NAV CANADA within Canadian airspace between the Wawa, 
ON, Canada, and the Thunder Bay, ON, Canada, areas.
    All radials in the VOR Federal airway V-36 description in the 
Proposed Amendment section below are unchanged and stated in degrees 
True 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 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-36 [Amended]

    From Elmira, NY; INT Elmira 110[deg] and LaGuardia, NY, 310[deg] 
radials; to INT LaGuardia 310[deg] and Stillwater, NJ, 043[deg] 
radials.
* * * * *

Paragraph 6013 Canadian Area Navigation Routes.

* * * * *

T-675 NOJJE, MI to RUXDU, MI [New]
NOJJE, MI                       WP                 (Lat. 48[deg]10'58.82'' N, long. 088[deg]03'36.84'' W)
RUXDU, MI                       WP                 (Lat. 48[deg]13'11.74'' N, long. 088[deg]44'17.74'' W)
 

* * * * *

    Issued in Washington, DC, on May 31, 2023.
Brian Konie,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-12046 Filed 6-6-23; 8:45 am]
BILLING CODE 4910-13-P