[Federal Register Volume 89, Number 118 (Tuesday, June 18, 2024)]
[Rules and Regulations]
[Pages 51405-51406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13200]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2024-1226; Airspace Docket No. 23-AGL-40]
RIN 2120-AA66


Revocation of VOR Federal Airway V-360; Northcentral United 
States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revokes Very High Frequency Omnidirectional Range 
(VOR) Federal Airway V-360. The FAA is taking this action due to the 
Midland, Ontario (ON), Canada, VOR/Distance Measuring Equipment (VOR/
DME) navigational aid (NAVAID) having been decommissioned in 2022. This 
action supports NAV CANADA's NAVAID Modernization Program efforts by 
removing unusable airway segments within United States airspace 
affected by NAV CANADA's programmatic actions.

DATES: Effective date 0901 UTC, September 5, 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 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

    NAV CANADA, which operates Canada's civil air navigation service, 
has been implementing changes to Canada's instrument flight rules 
navigational infrastructure as part of their NAVAID Modernization 
Program. This modernization program is designed to enhance the 
efficiency of Canada's flying operations by taking advantage of 
performance-based navigation and area navigation avionics capabilities. 
As part of that modernization program, NAV CANADA decommissioned the 
Midland, ON, VOR/DME, which provided course guidance for V-360 cross-
border connectivity between the United States and Canada, effective 
December 29, 2022.
    After the Midland, ON, VOR/DME was decommissioned by NAV CANADA in 
2022, the affected V-360 airway segment within Canadian airspace was 
removed from the aeronautical charts; however, the rulemaking action to 
remove the remaining portion of V-360 within United States airspace was 
not accomplished concurrently. The portion of V-360 that remains within 
United States airspace is an eight nautical mile segment that extends 
between the Sault Ste Marie, MI, VOR/DME and the ``CFHMH'' Computer 
Navigation Fix (CNF) which is located on the United States/Canada 
border. The remaining V-360 airway segment is no longer usable for 
cross-border connectivity between the United States and Canada since 
there is no Canadian airway for the airway segment to connect to. 
Additionally, CNFs are not used for any air traffic control purpose and 
are not available for pilots to use for point-to-point navigation 
(proceed direct), filing a flight plan, or in communications between 
aircraft and air traffic control (ATC).
    As such, the remaining portion of V-360 within United States 
airspace between the Sault Ste Marie, MI, VOR/DME and the ``CFHMH'' CNF 
located on the United States/Canada border serves no useful purpose for 
ATC or pilots.

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

[[Page 51406]]

available as listed in the ADDRESSES section of this document. This 
amendment 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 revoking VOR Federal Airway V-
360 due to NAV CANADA having decommissioned the Midland, ON, Canada, 
VOR/DME NAVAID in 2022. The V-360 airway segment within United States 
airspace no longer provides cross-border connectivity with any airways 
or routes within Canada and is unusable by ATC and pilots alike. The 
airway action is described below.
    V-360: Prior to this final rule, V-360 extended between the Sault 
Ste Marie, MI, VOR/DME and the Midland, ON, Canada, VOR/DME, excluding 
the airspace within Canada. The airway is removed in its entirety due 
to the decommissioning of the Midland, ON, VOR/DME.
    This action revoking V-360 does not affect any ATC cross-border 
operating requirements as the airway segment within United States 
airspace is unusable due to NAV CANADA having decommissioned the 
Midland, ON, VOR/DME in 2022; therefore, notice and public procedure 
under 5 U.S.C. 553(b) is unnecessary.

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 revoking VOR Federal 
Airway V-360 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 
5-6.5.a, 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). 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. Accordingly, the FAA has determined that no extraordinary 
circumstances exist that warrant preparation of an environmental 
assessment or environmental impact study.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

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-360 [Removed]

* * * * *

    Issued in Washington, DC, on June 11, 2024.
Frank Lias,
Manager, Rules and Regulations Group.
[FR Doc. 2024-13200 Filed 6-17-24; 8:45 am]
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