[Federal Register Volume 85, Number 121 (Tuesday, June 23, 2020)]
[Rules and Regulations]
[Pages 37558-37559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13382]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0475; Airspace Docket No. 19-ANE-2]
RIN 2120-AA66


Amendment and Revocation of Air Traffic Service (ATS) Routes in 
the Vicinity of Berlin, NH

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action removes VHF Omnidirectional Range (VOR) Federal 
airway V-104, and modifies V-322, due to the planned decommissioning of 
the Berlin, NH, VOR/DME navigation aid which provides navigation 
guidance for segments of the routes. The Berlin VOR/DME is being 
decommissioned as part of the FAA's VOR Minimum Operational Network 
(MON) program.

DATES: Effective date 0901 UTC, September 10, 2020. The Director of the 
Federal Register approves this incorporation by reference action under 
Title 1 Code of Federal Regulations part 51, subject to the annual 
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11D, Airspace Designations and Reporting 
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can 
contact the Rules and Regulations Group, Federal Aviation 
Administration, 800 Independence Avenue SW, Washington, DC 20591; 
telephone: (202) 267-8783. The Order is also available for inspection 
at the National Archives and Records Administration (NARA). For 
information on the availability of FAA Order 7400.11D at NARA, email: 
fedreg.legal@nara.gov, or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, 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 route structure in the National Airspace 
System as necessary to preserve the safe and efficient flow of air 
traffic.

History

    The FAA published a notice of proposed rulemaking in the Federal 
Register for Docket No. FAA-2019-0475 (84 FR 34077; July 17, 2019) by 
removing VOR Federal airway V-104, and modifying V-322 due to the 
planned decommissioning of the Berlin, NH, VOR/DME. Interested parties 
were invited to participate in this rulemaking effort by submitting 
written comments on the proposal. No comments were received.
    VOR Federal airways are published in paragraph 6010(a) of FAA Order 
7400.11D dated August 8, 2019, and effective September 15, 2019, which 
is incorporated by reference in 14 CFR 71.1. The VOR Federal airways 
listed in this document will be subsequently published in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11D, Airspace Designations and 
Reporting Points, dated August 8, 2019, and effective September 15, 
2019. FAA Order 7400.11D is publicly available as listed in the 
ADDRESSES section of this document. FAA Order 7400.11D lists Class A, 
B, C, D, and E airspace areas, air traffic service routes, and 
reporting points.

The Rule

    The FAA is amending Title 14 Code of Federal Regulations (14 CFR) 
part 71 by removing VOR Federal airway V-104, and amending VOR Federal 
airway V-322 due to the planned decommissioning of the Berlin, NH, VOR/
DME. The changes are described below.
    V-104: V-104 currently extends between the Burlington, VT, VOR/DME, 
and the Bangor, ME, VORTAC. The FAA is removing V-104 in its entirety. 
An alternative route between Burlington and Bangor is available from 
Burlington via V-141 to Concord, NH; then via V-39 to Augusta, ME; then 
via V-3 to Bangor.
    V-322: V-322 currently extends between the Concord, NH, VOR/DME, 
and the Sherbrooke, PQ, Canada, VOR/DME. The FAA is removing the 
segments of V-322 between the intersection of the Concord, NH, VOR/DME 
022[deg](T)/037[deg](M) and the Augusta, ME, 265[deg](T)/283[deg](M) 
radials (the charted WYLIE Fix); and the Sherbrooke VOR/DME. As 
amended, V-322 extends between the Concord, NH, VOR/DME, and the 
intersection of the Concord, NH, VOR/DME 022[deg](T)/037[deg](M) and 
the Augusta, ME, 265[deg](T)/283[deg](M) radials (the charted WYLIE 
Fix). (Note: Only ``true'' degrees are stated in the regulatory 
description, below).
    FAA Order 7400.11, Airspace Designations and Reporting Points, is 
published yearly and effective on September 15.

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 
Department of Transportation (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.

[[Page 37559]]

Environmental Review

    The FAA has determined that this action of removing VOR Federal 
airway V-104, and modifying V-322 near Berlin, NH, qualifies for 
categorical exclusion under the National Environmental Policy Act 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). 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).

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 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 7400.11D, 
Airspace Designations and Reporting Points, dated August 8, 2019 and 
effective September 15, 2019, is amended as follows:

Paragraph 6010(a) Domestic VOR Federal Airways.

* * * * *

V-104 [Remove]

* * * * *

V-322 [Amended]

    From Concord, NH, to INT Concord 022[deg] and Augusta, ME, 
265[deg] radials.
* * * * *

    Issued in Washington, DC, on June 17, 2020.
Scott M. Rosenbloom,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2020-13382 Filed 6-22-20; 8:45 am]
BILLING CODE 4910-13-P


