[Federal Register Volume 89, Number 96 (Thursday, May 16, 2024)]
[Proposed Rules]
[Pages 42824-42826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10426]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2024-1396; Airspace Docket No. 24-AEA-3]
RIN 2120-AA66


Amendment of VOR Federal Airways V-258, V-519, and RNAV Route T-
426; and Revocation of Jet Routes J-213 and J-526, and VOR Federal 
Airway V-59 in the Vicinity of Beckley, WV

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This action proposes to amend Very High Frequency 
Omnidirectional Range (VOR) Federal Airways V-258 and V-519, and Area 
Navigation (RNAV) Route T-426; and revoke Jet Routes J-213 and J-526, 
and VOR Federal Airway V-59. The FAA is proposing this action due to 
the planned decommissioning of the VOR portion of the Beckley, WV 
(BKW), VOR/Distance Measuring Equipment (VOR/DME) navigational aid 
(NAVAID). The Beckley VOR is being decommissioned in support of the 
FAA's VOR Minimum Operational Network (MON) program.

DATES: Comments must be received on or before July 1, 2024.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2024-1396 and 
Airspace Docket No. 24-AEA-3 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 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.

[[Page 42825]]

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

    Jet Routes are published in paragraph 2004, VOR Federal Airways are 
published in paragraph 6010(a), and United States Area Navigation 
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 VOR portion of the Beckley, 
WV, VOR/DME in February 2025. The Beckley 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.
    Although the VOR portion of the Beckley VOR/DME is planned for 
decommissioning, the co-located Distance Measuring Equipment (DME) is 
being retained to continue supporting current and future NextGen PBN 
flight procedure requirements.
    The Air Traffic Service (ATS) routes affected by the planned 
decommissioning of the Beckley VOR are Jet Routes J-213 and J-526, and 
VOR Federal Airways V-59, V-258, and V-519. With the planned 
decommissioning of the Beckley VOR, the remaining ground-based NAVAID 
coverage in the area is insufficient to enable the continuity of the 
affected ATS routes. As such, proposed modifications to V-258 and V-519 
would result in the airways being shortened and to J-213, J-526, and V-
59 would result in the routes and airway being revoked.
    To address the proposed modifications to the affected ATS routes, 
pilots operating under instrument flight rules (IFR) could use adjacent 
Jet Routes J-6, J-8, J-24, J-48, and J-78 in the high-altitude stratum 
or use VOR Federal Airways V-16, V-45, V-115, V-133, V-140, and V-178 
in the low-altitude stratum to navigate around the area affected. 
Additionally, pilots operating aircraft equipped with RNAV capabilities 
could also navigate using RNAV Routes Q-34, Q-50, Q-68, Q-75, and Q-80 
in the high-altitude stratum; RNAV Route T-426, once amended by this 
action, in the low-altitude stratum; or point-to-point using the 
existing Fixes and waypoints (WP) that would remain in place to support 
continued operations though the affected area. Pilots operating under 
visual flight rules who elect to navigate via the affected VOR Federal 
airways could take advantage of the adjacent conventional routes or 
airways listed above, as well as the listed RNAV routes and point-to-
point navigation, if properly equipped. Lastly, all pilots also have 
the option to request and receive radar vectors from air traffic 
control to transit the affected area.
    To further mitigate the proposed modifications to the affected VOR 
Federal airways, the FAA also proposes to modify RNAV Route T-426. T-
426 would be extended northward from the DANCO, VA, WP to overlay and 
mitigate the proposed removal of the affected V-59 airway. The extended 
T-route would provide pilots with RNAV-equipped aircraft an alternative 
route 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 navigation system to a satellite-based system.

The Proposal

    The FAA is proposing to amend 14 CFR part 71 by amending VOR 
Federal Airways V-258 and V-519, and RNAV Route T-426; and revoking Jet 
Routes J-213 and J-526, and VOR Federal Airway V-59 due to the planned 
decommissioning of the Beckley, WV, VOR. The proposed ATS route actions 
are described below.
    J-213: J-213 currently extends between the Armel, VA, VOR/DME and 
the Beckley, WV, VOR/DME. The FAA proposes to remove the route in its 
entirety.
    J-526: J-526 currently extends between the Beckley, WV, VOR/DME and 
the Louisville, KY, VOR/Tactical Air Navigation (VORTAC). The FAA 
proposes to remove the route in its entirety.
    V-59: V-59 currently extends between the Pulaski, VA, VORTAC and 
the Parkersburg, WV, VOR/DME. The FAA proposes to remove the airway in 
its entirety.
    V-258: V-258 currently extends between the Charleston, WV, VOR/DME 
and the Danville, VA, VOR. The FAA proposes to remove the airway 
segment between the Charleston VOR/DME and the Roanoke, VA, VOR/DME. As 
amended, the airway would be changed to extend between the Roanoke VOR/
DME and the Danville VOR. Additional amendments to the airway have been 
proposed in a separate rulemaking action.
    V-519: V-519 currently extends between the Volunteer, TN, VORTAC 
and the Beckley, WV, VOR/DME. The FAA proposes to remove the airway 
segment between the Bluefield, WV, VOR/DME and the Beckley VOR/DME. As 
amended, the airway would be changed to extend between the Volunteer 
VORTAC and the Bluefield VOR/DME.
    T-426: T-426 currently extends between the DANCO, WV, WP and the 
MCDON, VA, WP. The FAA proposes to extend the route northward from the 
DANCO WP to the Parkersburg, WV, VOR/DME. As amended, T-426 would 
extend between the Parkersburg VOR/DME and the MCDON WP and provide 
mitigation for the proposed V-59 airway removal. The full T-426 route 
description is listed in the regulatory text of this NPRM.
    All NAVAID radials listed in the VOR Federal airway descriptions in 
the proposed regulatory text of this notice of proposed rulemaking 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

[[Page 42826]]

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 2004 Jet Routes.

* * * * *

J-213 [Removed]

* * * * *

J-526 [Removed]

* * * * *

Paragraph 6010(a) Domestic VOR Federal Airways.

* * * * *

V-59 [Removed]

* * * * *

V-258 [Amended]

    From Roanoke, VA; INT Roanoke 145[deg] and Danville, VA, 
320[deg] radials; to Danville.
* * * * *

V-519 [Amended]

    From Volunteer, TN; INT Volunteer 050[deg] and Glade Spring, VA, 
246[deg] radials; Glade Spring; to Bluefield, WV.
* * * * *

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-426 Parkersburg, WV (JPU) to MCDON, VA [Amended]
 
Parkersburg, WV (JPU)                           VOR/DME                        (Lat. 39[deg]26'28.25'' N, long. 081[deg]22'29.14'' W)
SITTR, WV                                       WP                             (Lat. 37[deg]46'49.13'' N, long. 081[deg]07'23.70'' W)
DANCO, VA                                       WP                             (Lat. 37[deg]05'15.75'' N, long. 080[deg]42'46.45'' W)
TABER, VA                                       FIX                            (Lat. 37[deg]02'55.04'' N, long. 080[deg]02'55.66'' W)
PIGGS, VA                                       FIX                            (Lat. 36[deg]56'01.81'' N, long. 079[deg]42'40.61'' W)
DUNCE, VA                                       FIX                            (Lat. 36[deg]50'52.00'' N, long. 079[deg]29'18.20'' W)
MCDON, VA                                       WP                             (Lat. 36[deg]40'29.56'' N, long. 079[deg]00'52.03'' W)
 

* * * * *

    Issued in Washington, DC, on May 8, 2024.
Frank Lias,
Manager, Rules and Regulations Group.
[FR Doc. 2024-10426 Filed 5-15-24; 8:45 am]
BILLING CODE 4910-13-P