[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Proposed Rules]
[Pages 77238-77242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24661]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-2194; Airspace Docket No. 23-ASO-19]
RIN 2120-AA66


Amendment of VOR Federal Airways V-5, V-47, V-97, V-128, V-275, 
and V-517, and United States Area Navigation (RNAV) Route T-315, and 
Revocation of VOR Federal Airway V-19 in the Vicinity of Cincinnati, KY

AGENCY: Federal Aviation Administration (FAA), DOT.

[[Page 77239]]


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-5, V-47, V-97, V-128, V-
275, and V-517, and United States Area Navigation (RNAV) route T-315, 
and revoke VOR Federal airway V-19. The FAA is proposing this action 
due to the planned decommissioning of the VOR portion of the 
Cincinnati, KY (CVG), VOR/Tactical Air Navigation (VORTAC) navigational 
aid (NAVAID). The Cincinnati VOR is being decommissioned in support of 
the FAA's VOR Minimum Operational Network (MON) program.

DATES: Comments must be received on or before December 26, 2023

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-2194 and 
Airspace Docket No. 23-ASO-19 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 7400.11H, 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 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 7400.11H, dated August 11, 2023, and effective 
September 15, 2023. 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 7400.11H 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 Cincinnati, KY, VOR in May 
2024. The Cincinnati 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 Cincinnati, 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

[[Page 77240]]

military operations and Distance Measuring Equipment (DME) service in 
support of current and future NextGen PBN flight procedure 
requirements.
    The VOR Federal airways affected by the Cincinnati VOR 
decommissioning are V-5, V-19, V-47, V-97, V-128, V-275, and V-517. 
With the planned decommissioning of the Cincinnati VOR, the remaining 
ground-based NAVAID coverage in the area is insufficient to enable the 
continuity of the affected airways. As such, proposed modifications to 
V-5, V-47, V-128, V-275, and V-517 would result in the airways being 
shortened; to V-97 would result in an existing gap in the airway being 
expanded; and to V-19 would result in the airway being revoked.
    To address the proposed modifications to the affected VOR Federal 
airways, instrument flight rules (IFR) pilots operating aircraft 
equipped with RNAV capabilities could use RNAV routes T-213, T-215, and 
T-217 or navigate point-to-point using the existing fixes and waypoints 
(WP) that will remain in place to support continued operations though 
the affected area. IFR pilots operating aircraft not equipped with RNAV 
capabilities may request air traffic control (ATC) radar vectors to fly 
through or around the affected area. Additionally, visual flight rules 
pilots who elect to navigate via the affected Air Traffic Service (ATS) 
routes may also take advantage of the ATC services listed previously.
    Additionally, the FAA proposes to modify United States RNAV route 
T-315 to further mitigate the proposed modifications to the affected 
airways. The route would be extended westward to mitigate the proposed 
removal of the affected V-128 airway segment. The extended T-315 would 
provide pilots with RNAV-equipped aircraft a route alternative through 
the affected area, reduce ATC sector workload and complexity, reduce 
pilot-to-controller communications, 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 to amend VOR Federal 
airways V-5, V-47, V-97, V-128, V-275, and V-517, and United States 
RNAV route T-315, and to revoke VOR Federal airway V-19 due to the 
planned decommissioning of the VOR portion of the Cincinnati, KY, 
VORTAC. The proposed ATS route actions are described below.
    V-5: V-5 currently extends between the Pecan, GA, VOR/DME and the 
Athens, GA, VOR/DME and between the New Hope, KY, VOR/DME and the 
Appleton, OH, VORTAC. The FAA proposes to remove the airway segment 
between the Louisville, KY, VORTAC and the Appleton VORTAC due to the 
planned decommissioning of the VOR portion of the Cincinnati VORTAC. 
Additionally, the FAA proposes to also remove the airway segment 
between the New Hope, KY, VOR/DME and the Louisville, KY, VORTAC due to 
that airway segment overlapping V-513 which will remain charted and 
provide navigational guidance between the two NAVAIDs. As amended, the 
airway would be changed to extend between the Pecan VOR/DME and the 
Athens VOR/DME.
    V-19: V-19 currently extends between the Cincinnati, KY (reflected 
as OH in the current description), VOR/DME and the Appleton, OH, 
VORTAC. The FAA proposes to revoke the airway in its entirety.
    V-47: V-47 currently extends between the Cunningham, KY, VOR/DME 
and the Pocket City, IN, VORTAC and between the Cincinnati, KY, VORTAC 
and the Flag City, OH, VORTAC. The FAA proposes to remove the airway 
segment between the Cincinnati VORTAC and the Rosewood, OH, VORTAC due 
to the planned decommissioning of the VOR portion of the Cincinnati 
VORTAC. Additionally, the FAA proposes to also remove the airway 
segment between the Cunningham VOR/DME and the Pocket City VORTAC due 
to that airway segment overlapping both V-11 and V-305 that will remain 
charted and provide navigational guidance between the two NAVAIDs. As 
amended, the airway would be changed to extend between the Rosewood 
VORTAC and the Flag City VORTAC.
    V-97: V-97 currently extends between the Dolphin, FL, VORTAC and 
the intersection of the Pecan, GA, VOR/DME 357[deg] and Vienna, GA, 
VORTAC 300[deg] radials (PRATZ Fix); between the intersection of the 
Rome, GA, VORTAC 060[deg] and Volunteer, TN, VORTAC 197[deg] radials 
(NELLO Fix) and the intersection of the Chicago Heights, IL, VORTAC 
358[deg] and DuPage, IL, VOR/DME 101[deg] radials (NILES Fix); and 
between the Nodine, MN, VORTAC and the Gopher, MN, 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 
Lexington, KY, VOR/DME and the Shelbyville, IN, VOR/DME due to the 
planned decommissioning of the VOR portion of the Cincinnati VORTAC. 
Additionally, the FAA proposes to also remove the airway segment 
between the Shelbyville VOR/DME and the Chicago Heights VORTAC due to 
that airway segment overlapping V-51 that will remain charted and 
provide navigational guidance between the two NAVAIDs. Lastly, the FAA 
proposes to also remove the airway segment between the Chicago Heights 
VORTAC and the intersection of the Chicago Heights VORTAC 358[deg] and 
DuPage VOR/DME 101[deg] radials (NILES Fix) due to that airway segment 
overlapping V-7 that will remain charted and provide navigational 
guidance between the Chicago Heights VORTAC and the NILES Fix. As 
amended, the airway would be changed to extend between the Dolphin 
VORTAC and the Lexington VOR/DME and between the Nodine VORTAC and the 
Gopher 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 Brickyard VORTAC and the York, KY, VORTAC. As 
amended, the airway would be changed to extend between the York VORTAC 
and the Casanova VORTAC. Additional airway changes have been proposed 
in a separate NPRM action.
    V-275: V-275 currently extends between the Cincinnati, KY, VORTAC 
and the intersection of the Dayton, OH, VOR/DME 007[deg] and Flag City, 
OH, VORTAC 313[deg] radials (KLOEE Fix). The FAA proposes to remove the 
airway segment between the Cincinnati VORTAC and the Dayton VOR/DME. As 
amended, the airway would be changed to extend between the Dayton VOR/
DME and the intersection of the Dayton VOR/DME 007[deg] and Flag City 
VORTAC 313[deg] radials (KLOEE Fix).
    V-517: V-517 currently extends between the Snowbird, TN, VORTAC and 
the Cincinnati, KY, VORTAC. The FAA proposes to remove the airway 
segment between the Falmouth, KY, VOR/DME and the Cincinnati VORTAC. As 
amended, the airway would be changed to extend between the Snowbird 
VORTAC and the Falmouth VOR/DME.
    T-315: T-315 currently extends between the JARLO, WV, WP and the 
Burlington, VT, VORTAC. The FAA proposes to extend the route westward 
from the JARLO WP to the Brickyard, IN, VORTAC. The route extension 
would include the ILILE, OH, Fix that would be converted to a WP prior 
to the planned decommissioning of the Cincinnati VOR. As amended, T-315 
would be changed to extend between the Brickyard, IN, VORTAC and the 
Burlington, VT, VORTAC and provide mitigation for the proposed V-128 
airway segment removal. Additional

[[Page 77241]]

route changes have been proposed in a separate NPRM action. The full T-
315 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 
7400.11H, Airspace Designations and Reporting Points, dated August 11, 
2023, and effective September 15, 2023, is amended as follows:

Paragraph 6010(a) Domestic VOR Federal Airways.

* * * * *

V-5 [Amended]

    From Pecan, GA; Vienna, GA; Dublin, GA; to Athens, GA.
* * * * *

V-19 [Removed]

* * * * *

V-47 [Amended]

    From Rosewood, OH; to Flag City, OH.
* * * * *

V-97 [Amended]

    From Dolphin, FL; La Belle, FL; St. Petersburg, FL; Seminole, 
FL; Pecan, GA; to INT Pecan 357[deg] and Vienna, GA 300[deg] 
radials. From INT Rome, GA, 060[deg] and Volunteer, TN, 197[deg] 
radials; Volunteer; London, KY; to Lexington, KY. From Nodine, MN; 
to Gopher, MN. The airspace below 2,000 feet MSL outside the United 
States is excluded.
* * * * *

V-128 [Amended]

    From York, KY; Charleston, WV; to Casanova, VA.
* * * * *

V-275 [Amended]

    From Dayton, OH; to INT Dayton 007[deg] and Flag City, OH, 
313[deg] radials.
* * * * *

V-517 [Amended]

    From Snowbird, TN; INT Snowbird 329[deg] and London, KY, 
141[deg] radials; London; INT London 004[deg] and Falmouth, KY, 
164[deg] radials; to Falmouth.
* * * * *

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-315 Brickyard, IN (VHP) to Burlington, VT (BTV) [Amended]
 
Brickyard, IN (VHP)                             VORTAC                         (Lat. 39[deg]48'53.02'' N, long. 086[deg]22'03.00'' W)
DECEE, IN                                       FIX                            (Lat. 39[deg]18'41.36'' N, long. 085[deg]45'56.84'' W)
JADRO, IN                                       FIX                            (Lat. 39[deg]06'24.58'' N, long. 085[deg]01'30.97'' W)
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)
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)
 


[[Page 77242]]

* * * * *

    Issued in Washington, DC, on November 2, 2023.
Karen L. Chiodini,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2023-24661 Filed 11-8-23; 8:45 am]
BILLING CODE 4910-13-P