[Federal Register Volume 88, Number 155 (Monday, August 14, 2023)]
[Proposed Rules]
[Pages 54959-54961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17359]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-1735; Airspace Docket No. 23-AGL-18]
RIN 2120-AA66


Amendment of VOR Federal Airways V-78 and V-171; Darwin, MN

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 
Omnidirectional Range (VOR) Federal airways V-78 and V-171 in the 
vicinity of Darwin, MN. The amendments are due to the planned 
decommissioning of the VOR portion of the Darwin, MN (DWN), VOR/
Tactical Air Navigation (VORTAC) navigational aid (NAVAID). The Darwin 
VOR is being decommissioned as part of the FAA's VOR Minimum 
Operational Network (MON) program.

DATES: Comments must be received on or before September 28, 2023.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-1735 and 
Airspace Docket No. 23-AGL-18 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. 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/.

[[Page 54960]]

    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 Darwin, 
MN, VORTAC in May 2024. The Darwin 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.
    In addition to the planned decommissioning of the VOR portion of 
the Darwin, MN, VORTAC, the Tactical Air Navigation (TACAN) portion of 
the NAVAID is being decommissioned also. However, the co-located 
Distance Measuring Equipment (DME) portion of the NAVAID is being 
retained to support current and future NextGen PBN flight procedure 
requirements.
    The VOR Federal airways affected by the Darwin VOR decommissioning 
are V-78 and V-171. With the planned decommissioning of the Darwin VOR, 
the remaining ground-based NAVAID coverage in the area is insufficient 
to enable the continuity of the affected airways. As such, the proposed 
modifications to V-78 and V-171 would result in V-78 being shortened 
and the creation of an additional gap in V-171 due to the loss of the 
airway segments supported by the Darwin VOR.
    To address these proposed modifications, instrument flight rules 
(IFR) traffic could use adjacent VOR Federal airways V-2, V-82, V-148, 
and V-175 or receive air traffic control (ATC) radar vectors to fly 
around or through the affected area. Additionally, IFR pilots operating 
aircraft equipped with Area Navigation (RNAV) capabilities could also 
use United States RNAV routes T-403 and T-462 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 an amendment to 14 CFR part 71 by amending VOR 
Federal airways V-78 and V-171 due to the planned decommissioning of 
the VOR portion of the Darwin, MN, VORTAC. The proposed airway actions 
are described below.
    V-78: V-78 currently extends between the Darwin, MN, VORTAC and the 
Escanaba, MI, VOR/VOR/DME; and between the Pellston, MI, VORTAC and the 
Saginaw, MI, VOR/DME. The FAA proposes to remove the airway segment 
between the Darwin VORTAC and the Gopher, MN, VORTAC. As amended, the 
airway would extend between the Gopher VORTAC and the Escanaba VOR/DME 
and between the Pellston VORTAC and the Saginaw VOR/DME.
    V-171: V-171 currently extends between the Lexington, KY, VOR/DME 
and the Joliet, IL, VOR/DME; and between the Nodine, MN, VORTAC and the 
Grand Forks, ND, VOR/DME. The FAA proposes to remove the airway segment 
between the Farmington, MN, VORTAC and the Alexandria, MN, VOR/DME. As 
amended, the airway would extend between the Lexington VOR/DME and the 
Joliet VOR/DME, between the Nodine VORTAC and the Farmington VORTAC, 
and between the Alexandria VOR/DME and the Grand Forks VOR/DME.
    The NAVAID radials contained in the VOR Federal airway descriptions 
listed 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 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-78 [Amended]

    From Gopher, MN; INT Gopher 091[deg] and Eau Claire, WI, 
290[deg] radials; Eau Claire; Rhinelander, WI; Iron Mountain, MI; to 
Escanaba, MI. From Pellston, MI; Alpena, MI; INT Alpena 232[deg] and 
Saginaw, MI, 353[deg] radials; to Saginaw.
* * * * *

[[Page 54961]]

V-171 [Amended]

    From Lexington, KY; INT Lexington 251[deg] and Louisville, KY, 
114[deg] radials; Louisville; Terre Haute, IN; Danville, IL; 
Peotone, IL; INT Peotone 281[deg] and Joliet, IL, 173[deg] radials; 
to Joliet. From Nodine, MN; INT Nodine 298[deg] and Farmington, MN, 
124[deg] radials; to Farmington. From Alexandria, MN; INT Alexandria 
321[deg] and Grand Forks, ND, 152[deg] radials; to Grand Forks.
* * * * *

    Issued in Washington, DC, on August 8, 2023.
Karen L. Chiodini,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2023-17359 Filed 8-11-23; 8:45 am]
BILLING CODE 4910-13-P