[Federal Register Volume 88, Number 155 (Monday, August 14, 2023)]
[Proposed Rules]
[Pages 54952-54955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17360]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-1737; Airspace Docket No. 23-ASO-8]
RIN 2120-AA66


Amendment of VOR Federal Airways V-44, V-128, and V-493, and 
United States Area Navigation Routes T-315 and T-323 in the Vicinity of 
York, KY

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-44, V-128, and V-493, and 
United States Area Navigation (RNAV) routes T-315 and T-323. The FAA is 
proposing this action due to the planned decommissioning of the VOR 
portion of the York, KY (YRK), VOR/Tactical Air Navigation (VORTAC) 
navigational aid (NAVAID). The York VOR is being decommissioned in 
support 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-2023-1737 and 
Airspace Docket No. 23-ASO-8 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,

[[Page 54953]]

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 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 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 York, KY, VOR in March 
2024. The York VOR was 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 York, KY, VORTAC is planned for 
decommissioning, the co-located Tactical Air Navigation (TACAN) portion 
of the NAVAID is being retained to provide navigational service for 
military aircraft operations and the Distance Measuring Equipment (DME) 
service is being retained to support current and future NextGen PBN 
flight procedure requirements.
    The VOR Federal airways affected by the York VOR decommissioning 
are V-44, V-128, and V-493. With the planned decommissioning of the 
York VOR, the remaining ground-based NAVAID coverage in the area is 
insufficient to enable the continuity of the affected airways. As such, 
proposed modification to V-44 would result in the existing gap in the 
airway being increased, to V-128 would result in a gap being created in 
the airway, and to V-493 would result in the airway being shortened.
    To address the proposed modifications to the affected VOR Federal 
airways, instrument flight rules (IFR) traffic could use portions of 
adjacent VOR Federal airways V-35, V-38, V-115, V-133, V-144, V-178, 
and V-517 to fly around the affected area or receive air traffic 
control (ATC) radar vectors to fly through the affected area. 
Additionally, IFR pilots operating aircraft equipped with RNAV 
capabilities could navigate point to point using the existing fixes and 
waypoints that will remain in place to support continued operations 
though the affected area. Visual flight rules pilots who elect to 
navigate via the affected airways could also take advantage of the 
adjacent VOR Federal airways or ATC services listed previously.
    To further mitigate the proposed modifications to the affected VOR 
Federal airways, the FAA also proposes to modify RNAV routes T-315 and 
T-323. T-315 would be extended westward to mitigate the proposed 
removal of the affected V-128 airway segment and T-323 would be 
extended northward to mitigate the proposed removal of the affected V-
493 airway segment. The extended T-routes would provide pilots with 
RNAV equipped aircraft route alternatives through the affected area, 
reduce ATC sector workload and complexity, reduce pilot-to-controller 
communication, and support the FAA's continued NextGen efforts to 
modernize the NAS from a ground-based system to a satellite-based 
system.

The Proposal

    The FAA is proposing to amend 14 CFR part 71 by amending VOR 
Federal airways V-44, V-128, and V-493, and RNAV routes T-315 and T-
323. The FAA is proposing this action due to the planned 
decommissioning of the VOR portion of the York, KY, VORTAC NAVAID. The 
proposed ATS route actions are described below.
    V-44: V-44 currently extends between the Columbia, MO, VOR/DME and 
the Centralia, IL, VORTAC; and between the Falmouth, KY, VOR/DME and 
the Albany, NY, VORTAC. The airspace below 2,000 feet mean sea level 
(MSL) outside the United States is excluded. The FAA proposes to remove 
the airway segment between the Falmouth VOR/DME and the Parkersburg, 
WV, VORTAC. As amended, the airway would extend between the Columbia 
VOR/DME and the Centralia VORTAC and between the

[[Page 54954]]

Parkersburg VORTAC and the Albany VORTAC.
    V-128: V-128 currently extends between the Brickyard, IN, VORTAC 
and the Casanova, VA, VORTAC. The FAA proposes to remove the airway 
segment between the Cincinnati, OH, VORTAC and the Charleston, WV, 
VORTAC. As amended, the airway would extend between the Brickyard 
VORTAC and the Cincinnati VORTAC and between the Charleston VORTAC and 
the Casanova VORTAC.
    V-493: V-493 currently extends between the Livingston, TN, VOR/DME 
and the Appleton, OH, VORTAC. The FAA proposes to remove the airway 
segment between the Lexington, KY, VOR/DME and the Appleton VORTAC. As 
amended, the airway would extend between the Livingston VOR/DME and the 
Lexington VOR/DME.
    T-315: T-315 currently extends between the JARLO, WV, waypoint (WP) 
and the Burlington, VT, VORTAC. The FAA proposes to extend the route 
westward from the JARLO WP to the JIMUR, KY, Fix which is currently not 
reflected on the IFR Enroute Low Altitude charts, but is located 
approximately 1.1 nautical miles (NM) east northeast from the 
Cincinnati, KY, VORTAC and will be charted when the York VOR is 
decommissioned. The route extension would include the CALIF, KY, Fix 
and the ILILE, OH, Fix which will be converted to a WP when the York 
VOR is decommissioned. As amended, T-315 would extend between the 
JIMUR, KY, Fix and the Burlington, VT, VORTAC and provide mitigation 
for the proposed V-128 airway segment removal. The full T-315 route 
description is listed in the amendments to part 71 as set forth below.
    T-323: T-323 currently extends between the MARQO, FL, WP and the 
DACEL, KY, WP. The FAA proposes to extend the route northward from the 
DACEL WP to the Appleton, OH, VORTAC. The route extension would include 
the ZELID, KY, WP which is being established approximately 2.1 NM 
southeast from the York, KY, VORTAC and the ROHDE, OH, Fix which will 
be converted to a WP when the York VOR is decommissioned. As amended, 
T-323 would extend between the MARQO WP and the Appleton VORTAC and 
provide mitigation for the proposed V-493 airway segment removal. The 
full T-323 route description is listed in the amendments to part 71 as 
set forth below.
    The NAVAID radials listed in the VOR Federal airway descriptions 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-44 [Amended]

    From Columbia, MO; INT Columbia 131[deg] and Foristell, MO, 
262[deg] radials; Foristell; to Centralia, IL. From Parkersburg, WV; 
Morgantown, WV; Martinsburg, WV; INT Martinsburg 094[deg] and 
Baltimore, MD, 300[deg] radials; Baltimore; INT Baltimore 122[deg] 
and Sea Isle, NJ, 267[deg] radials; Sea Isle; INT Sea Isle 040[deg] 
and Deer Park, NY, 209[deg] radials; Deer Park; INT Deer Park 
041[deg] and Bridgeport, CT, 133[deg] radials; Bridgeport; INT 
Bridgeport 324[deg] and Pawling, NY, 160[deg] radials; Pawling; INT 
Pawling 342[deg] and Albany, NY, 181[deg] radials; to Albany. The 
airspace below 2,000 feet MSL outside the United States is excluded.
* * * * *

V-128 [Amended]

    From Brickyard, IN; INT Brickyard 137[deg] and Cincinnati, OH, 
290[deg] radials; to Cincinnati. From Charleston, WV; to Casanova, 
VA.
* * * * *

V-493 [Amended]

    From Livingston, TN; to Lexington, KY.
* * * * *

Paragraph 6011 United States Area Navigation Routes.

* * * * *
* * * * *

T-315 JIMUR, KY to Burlington, VT (BTV) [Amended]
 
JIMUR, KY                                       FIX                            (Lat. 39[deg]01'17.62'' N, long. 084[deg]41'02.13'' W)
CALIF, KY                                       FIX                            (Lat. 38[deg]56'01.97'' N, long. 084[deg]18'38.27'' W)
ILILE, OH                                       WP                             (Lat. 38[deg]33'14.45'' N, long. 082[deg]36'07.02'' W)
JARLO, WV                                       WP                             (Lat. 38[deg]20'58.85'' N, long. 081[deg]46'11.68'' W)
SHANE, WV                                       FIX                            (Lat. 37[deg]58'31.15'' N, long. 080[deg]48'24.34'' W)
DBRAH, VA                                       WP                             (Lat. 37[deg]20'34.14'' N, long. 080[deg]04'10.75'' W)
SPNKS, VA                                       WP                             (Lat. 37[deg]17'21.31'' N, long. 079[deg]33'17.14'' W)
KONRD, VA                                       WP                             (Lat. 37[deg]20'39.83'' N, long. 079[deg]01'33.27'' W)
CRUMB, VA                                       FIX                            (Lat. 37[deg]28'09.44'' N, long. 078[deg]08'27.69'' W)
Flat Rock, VA (FAK)                             VORTAC                         (Lat. 37[deg]31'42.63'' N, long. 077[deg]49'41.59'' W)
WAVES, VA                                       WP                             (Lat. 37[deg]35'13.54'' N, long. 077[deg]26'52.03'' W)
TAPPA, VA                                       FIX                            (Lat. 37[deg]58'12.66'' N, long. 076[deg]50'40.62'' W)
COLIN, VA                                       FIX                            (Lat. 38[deg]05'59.23'' N, long. 076[deg]39'50.85'' W)
SHLBK, VA                                       WP                             (Lat. 38[deg]20'16.21'' N, long. 076[deg]26'10.51'' W)

[[Page 54955]]

 
PRNCZ, MD                                       WP                             (Lat. 38[deg]37'38.10'' N, long. 076[deg]05'08.20'' W)
CHOPS, MD                                       WP                             (Lat. 38[deg]45'41.81'' N, long. 075[deg]57'36.18'' W)
COSHA, DE                                       WP                             (Lat. 38[deg]57'57.57'' N, long. 075[deg]30'51.59'' W)
Atlantic City, NJ (ACY)                         VORTAC                         (Lat. 39[deg]27'21.15'' N, long. 074[deg]34'34.73'' W)
PANZE, NJ                                       FIX                            (Lat. 39[deg]40'33.58'' N, long. 074[deg]10'05.45'' W)
DIXIE, NJ                                       FIX                            (Lat. 40[deg]05'57.72'' N, long. 074[deg]09'52.17'' W)
Kennedy, NY (JFK)                               VOR/DME                        (Lat. 40[deg]37'58.40'' N, long. 073[deg]46'17.00'' W)
KEEPM, NY                                       FIX                            (Lat. 40[deg]50'14.77'' N, long. 073[deg]32'42.58'' W)
TRANZ, NY                                       FIX                            (Lat. 40[deg]51'31.95'' N, long. 073[deg]22'30.80'' W)
PUGGS, NY                                       WP                             (Lat. 40[deg]56'27.65'' N, long. 073[deg]13'47.73'' W)
EEGOR, CT                                       WP                             (Lat. 41[deg]09'38.94'' N, long. 073[deg]07'27.66'' W)
Hartford, CT (HFD)                              VOR/DME                        (Lat. 41[deg]38'27.98'' N, long. 072[deg]32'50.70'' W)
DVANY, CT                                       FIX                            (Lat. 41[deg]51'44.56'' N, long. 072[deg]18'11.25'' W)
Gardner, MA (GDM)                               VOR/DME                        (Lat. 42[deg]32'45.32'' N, long. 072[deg]03'29.48'' W)
KEYNN, NH                                       WP                             (Lat. 42[deg]47'39.99'' N, long. 072[deg]17'30.35'' W)
EBERT, VT                                       WP                             (Lat. 43[deg]32'58.08'' N, long. 072[deg]45'42.43'' W)
Burlington, VT (BTV)                            VOR/DME                        (Lat. 44[deg]23'49.58'' N, long. 073[deg]10'57.49'' W)
 
                                                                      * * * * * * *
T-323 MARQO, FL to Appleton, OH (APE) [Amended]
 
MARQO, FL                                       WP                             (Lat. 30[deg]30'53.57'' N, long. 082[deg]32''45.62'' W)
LRSEY, GA                                       WP                             (Lat. 31[deg]16'09.34'' N, long. 082[deg]33'23.20'' W)
CROCS, GA                                       WP                             (Lat. 32[deg]27'17.69'' N, long. 082[deg]46'29.06'' W)
BOBBR, GA                                       WP                             (Lat. 33[deg]19'57.07'' N, long. 083[deg]08'19.47'' W)
BIGNN, GA                                       WP                             (Lat. 34[deg]20'34.38'' N, long. 083[deg]33'06.80'' W)
HELNN, NC                                       WP                             (Lat. 35[deg]00'55.11'' N, long. 083[deg]52'09.85'' W)
OCOEE, NC                                       WP                             (Lat. 35[deg]07'34.11'' N, long. 083[deg]53'45.00'' W)
KNITS, TN                                       FIX                            (Lat. 35[deg]41'01.18'' N, long. 083[deg]53'58.56'' W)
CRECY, TN                                       WP                             (Lat. 35[deg]58'52.61'' N, long. 083[deg]38'24.36'' W)
ZADOT, TN                                       WP                             (Lat. 36[deg]35'32.17'' N, long. 083[deg]28'40.09'' W)
WELLA, KY                                       WP                             (Lat. 37[deg]02'15.68'' N, long. 083[deg]21'31.07'' W)
DACEL, KY                                       WP                             (Lat. 37[deg]23'10.68'' N, long. 083[deg]14'52.13'' W)
ZELID, KY                                       WP                             (Lat. 38[deg]37'49.08'' N, long. 082[deg]56'36.06'' W)
ROHDE, OH                                       WP                             (Lat. 39[deg]04'20.65'' N, long. 082[deg]39'38.98'' W)
Appleton, OH (APE)                              VORTAC                         (Lat. 40[deg]09'03.83'' N, long. 082[deg]35'17.88'' W)
 

* * * * *

    Issued in Washington, DC, on August 8, 2023.
Karen L. Chiodini,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2023-17360 Filed 8-11-23; 8:45 am]
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