[Federal Register Volume 89, Number 44 (Tuesday, March 5, 2024)]
[Rules and Regulations]
[Pages 15738-15740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04611]
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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: Final rule.
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SUMMARY: This action amends 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
[[Page 15739]]
being decommissioned as part of the FAA's VOR Minimum Operational
Network (MON) program.
DATES: Effective date 0901 UTC, May 16, 2024. 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 7400.11H, 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 modifies the Air Traffic Service (ATS) route structure
as necessary to preserve the safe and efficient flow of air traffic
within the National Airspace System.
History
The FAA published a notice of proposed rulemaking for Docket No.
FAA-2023-1735 in the Federal Register (88 FR 54959; August 14, 2023),
proposing to amend VOR Federal Airways V-78 and V-171 due to the
planned decommissioning of the VOR portion of the Darwin, MN, VORTAC
NAVAID. Interested parties were invited to participate in this
rulemaking effort by submitting written comments on the proposal. No
comments were received.
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 amends the current version of that order, FAA Order JO
7400.11H, dated August 11, 2023, and effective September 15, 2023. FAA
Order JO 7400.11H is publicly available as listed in the ADDRESSES
section of this document. These amendments will be published in the
next update to FAA Order JO 7400.11.
FAA Order JO 7400.11H 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-78 and V-171 due to the planned decommissioning of the VOR portion of
the Darwin, MN, VORTAC. The airway actions are described below.
V-78: Prior to this final rule, V-78 extended between the Darwin,
MN, VORTAC and the Escanaba, MI, VOR/DME; and between the Pellston, MI,
VORTAC and the Saginaw, MI, VOR/DME. The airway segment between the
Darwin VORTAC and the Gopher, MN, VORTAC is removed. As amended, the
airway is changed to now extend between the Gopher VORTAC and the
Escanaba VOR/DME and between the Pellston VORTAC and the Saginaw VOR/
DME.
V-171: Prior to this final rule, V-171 extended 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 airway segment
between the Farmington, MN, VORTAC and the Alexandria, MN, VOR/DME is
removed. As amended, the airway is changed to now 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 listed in the VOR Federal airway descriptions in
the regulatory text of this final rule 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-78 and V-171, due to the planned decommissioning of the VOR
portion of the Darwin, MN, VORTAC 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); and paragraph 5-
6.5k, which categorically excludes from further environmental impact
review 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).
[[Page 15740]]
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 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-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.
* * * * *
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 February 29, 2024.
Frank Lias,
Manager, Rules and Regulations Group.
[FR Doc. 2024-04611 Filed 3-4-24; 8:45 am]
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