[Federal Register Volume 84, Number 237 (Tuesday, December 10, 2019)]
[Proposed Rules]
[Pages 67385-67386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26392]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0846; Airspace Docket No. 19-AWP-78]
RIN 2120-AA66


Proposed Amendment of Air Traffic Service (ATS) Route V-165; 
Western United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend one domestic Very High Frequency 
Omnidirectional Range (VOR) Federal airway (V-165) in the western 
United States. The modifications are necessary due to the planned 
decommissioning of the Clovis, CA, VOR portion of the VOR/Tactical Air 
Navigation (VORTAC) navigation aid (NAVAID), which provides navigation 
guidance for portions of the affected ATS route. The Clovis, CA, VOR is 
being decommissioned as part of the FAA's VOR Minimum Operational 
Network (MON) program.

DATES: Comments must be received on or before January 24, 2020.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West 
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone: 
1(800) 647-5527, or (202) 366-9826. You must identify FAA Docket No. 
FAA-2019-0846; Airspace Docket No. 19-AWP-78 at the beginning of your 
comments. You may also submit comments through the internet at https://www.regulations.gov.
    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: Kenneth Ready, 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 route structure as necessary to 
preserve the safe and efficient flow of air traffic within the National 
Airspace System.

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments as they 
may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No. 
FAA-2019-0846; Airspace Docket No. 19-AWP-78) and be submitted in 
triplicate to the Docket Management Facility (see ADDRESSES section for 
address and phone number). You may also submit comments through the 
internet at https://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments 
on this action must submit with those comments a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to FAA Docket No. FAA-2019-0846; Airspace Docket No. 19-AWP-78.'' The 
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment 
closing date will be considered before taking action on the proposed 
rule. The proposal contained in this action may be changed in light of 
comments received. All comments submitted will be available for 
examination in the public docket both before and after the comment 
closing date. A report summarizing each substantive public contact with 
FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the 
internet at http://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's web page at https://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 
Office (see ADDRESSES section for address and phone number) between 
9:00 a.m. and 5:00 p.m., Monday through Friday, except federal 
holidays. An informal docket may also be examined during normal 
business hours at the office of the Western Service Center, Operations

[[Page 67386]]

Support Group, Federal Aviation Administration, 2200 South 216th St., 
Des Moines, WA 98198.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend 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.

Background

    V-165 was previously listed in a notice of proposed rulemaking 
action (Docket No. FAA-2018-0713; Airspace Docket No. 18-AWP-10, 
published November 5, 2018 (83 FR 55308) for amendment. However, the 
proposed change to V-165 was withdrawn from that rulemaking effort due 
to the proposed amendment not achieving flight check satisfaction due 
to NAVAID out-of-tolerance signal strength (84 FR 35292; July 23, 
2019). The remaining ground-based NAVAID coverage in the area is 
insufficient to enable the continuity of the affected airway. As such, 
proposed modification to V-165 would result in a gap in the ATS route 
structure. To overcome the gap in V-165, instrument flight rules (IFR) 
traffic could use VOR Federal airway V-459 at EXTRA INT (INT Tule, CA 
339[deg](T) 323[deg](M) and Avenal, CA, 042[deg](T) 026[deg](M) 
radials) to Friant VORTAC. Northbound from Friant VORTAC aircraft could 
utilize V-230 to the northeast to Mina VORTAC to join V-564 northwest 
bound to Mustang VORTAC and then resume V-165. Alternatively, aircraft 
could remain on V-459 northwest bound to Linden VOR/DME to join V-28 or 
V-113 northeast bound to Mustang VORTAC and then resume V-165. 
Additionally, IFR traffic could file point to point through the 
affected area using fixes that will remain in place, or receive air 
traffic control (ATC) radar vectors through the area. Visual flight 
rules pilots who elect to navigate via the airways through the affected 
area could also take advantage of the adjacent VOR Federal airways or 
ATC services listed previously.

The Proposal

    The FAA is proposing an amendment to Title 14, Code of Federal 
Regulations (14 CFR) part 71 to modify Domestic VOR Federal Airway, V-
165. Full route description is in ``The Proposed Amendment'' section of 
this notice.
    The proposed ATS route change is outlined below.
    V-165: V-165 currently extends between the Mission Bay CA, VORTAC 
to the Whatcom WA, VORTAC. V-165 would be amended on the segment 
between the Tule, CA, VOR/DME and the Mustang, NV, VORTAC. The proposed 
amendment would stop at EXTRA intersection (INT Tule, CA 339[deg](T) 
323[deg](M) and Avenal, CA, 042[deg](T) 026[deg](M) radials) and then 
resume at MARRI intersection (INT Squaw Valley, CA 133[deg](T) 
117[deg](M) and Mustang, NV, 183[deg](T) 167[deg](M) radials). The 
unaffected portion of the existing route will remain as charted.
    Domestic VOR Federal Airways are published in paragraph 6010 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 Domestic VOR 
Federal Airway listed in this document will be subsequently published 
in the Order.
    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 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 
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 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 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--Domestic VOR Federal Airways

V-165 [Amended]

    From Mission Bay, CA; INT Mission Bay 270[deg](T) 255[deg](M) 
and Oceanside, CA, 177[deg](T) 162[deg](M) radials; Oceanside; 24 
miles, 6 miles wide, Seal Beach, CA; six (6) miles wide, INT Seal 
Beach 287[deg](T) 272[deg](M)[deg] and Los Angeles, CA, 138[deg](T) 
123[deg](M) radials; Los Angeles; INT Los Angeles 357[deg](T) 
342[deg](M), and Lake Hughes, CA, 154[deg](T) 139[deg](M) radials; 
Lake Hughes; INT Lake Hughes 344[deg](T) 329[deg](M) and Shafter, 
CA, 137[deg](T) 123[deg](M) radials; Shafter; Tule, CA; INT Tule 
339[deg](T) 323[deg](M) and Avenal, CA, 042[deg](T) 026[deg](M) 
radials. From INT Squaw Valley, CA 133[deg](T) 117[deg](M) and 
Mustang, NV, 183[deg](T) 167[deg](M) radials; 72 miles, 50 miles, 
131 MSL, Mustang, NV; 40 miles, 12 AGL, seven (7) miles, 115 MSL, 54 
miles, 135 MSL, 81 miles, 12 AGL, Lakeview, OR; 5 miles, 72 miles, 
90 MSL, Deschutes, OR; 16 miles, 19 miles, 95 MSL, 24 miles, 75 MSL, 
12 miles, 65 MSL, Newberg, OR; 32 miles, 45 MSL, INT Newberg 
355[deg](T) 334[deg](M) and Olympia, WA, 195[deg](T) 176[deg](M) 
radials; Olympia; Penn Cove, WA; to Whatcom, WA.

    Issued in Washington, DC: December 2, 2019.
Scott M. Rosenbloom,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2019-26392 Filed 12-9-19; 8:45 am]
BILLING CODE 4910-13-P


