[Federal Register Volume 87, Number 233 (Tuesday, December 6, 2022)]
[Rules and Regulations]
[Pages 74513-74514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26391]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0027; Airspace Docket No. 21-ANM-70]
RIN 2120-AA66


Amendment of Domestic VOR Federal Airway V-356; Mile High, CO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends VHF Omnidirectional Range (VOR) Federal 
airway V-356 by revoking the airway segment between the FIDLE and ELORE 
Fixes. The FAA is taking this action due to the Mile High, CO, VOR/
Tactical Air Navigation (VORTAC) signal coverage supporting the airway 
segment having been determined to be unusable below 18,000 feet mean 
sea level (MSL) during flight inspection.

DATES: Effective date 0901 UTC, February 23, 2023. 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: FAA Order JO 7400.11G, Airspace Designations and Reporting 
Points, and subsequent amendments can be viewed online at 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.

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 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 (NPRM) for Docket 
No. FAA-2022-0027 in the Federal Register (87 FR 4520; January 28, 
2022), amending V-356 by revoking the airway segment between the FIDLE 
and ELORE Fixes due to the absence of a supporting navigational aid 
signal. Interested parties were invited to participate in this 
rulemaking effort by submitting comments on the proposal. No comments 
were received.
    Domestic VOR Federal airways are published in paragraph 6010(a) of 
FAA Order JO 7400.11G, dated August 19, 2022, and effective September 
15, 2022, which is incorporated by reference in 14 CFR 71.1. The VOR 
Federal airway

[[Page 74514]]

listed in this document will be published subsequently in FAA Order JO 
7400.11.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11G, Airspace Designations 
and Reporting Points, dated August 19, 2022, and effective September 
15, 2022. FAA Order JO 7400.11G is publicly available as listed in the 
ADDRESSES section of this document. FAA Order JO 7400.11G 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 the V-356 airway 
segment between the FIDLE and ELORE Fixes due to the lack of usable 
navigational signal by the Mile High, CO, VORTAC below 18,000 feet MSL 
supporting the airway segment. FAA flight inspection determined the 
lack of navigational signal coverage during a routine inspection of V-
356. The airway amendment is described below.
    V-356: V-356 extends between the Red Table, CO, VOR/Distance 
Measuring Equipment (VOR/DME) and the Mile High, CO, VORTAC. As a 
result of the lack of Mile High VORTAC navigational signal coverage 
between the FIDLE and ELORE Fixes, the airway segment between the 
intersection of the Red Table VOR/DME 058[deg] and the Kremmling, CO, 
VOR/DME 190[deg] radials (FIDLE Fix) and the intersection of the Gill, 
CO, VOR/DME 211[deg] and the Mile High VORTAC 265[deg] radials (ELORE 
Fix) is removed. As amended, the airway is changed to extend between 
the Red Table, CO, VOR/DME and the FIDLE Fix and between the ELORE Fix 
and the Mile High, CO, VORTAC.
    All NAVAID radials listed in the airway description below are 
unchanged and stated in True degrees.
    FAA Order JO 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 will only affect air traffic 
procedures and air navigation, it is certified that this 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

    The FAA has determined that this airspace action of amending V-356, 
due to the lack of navigational signal coverage below 18,000 feet MSL 
between the FIDLE and ELORE Fixes by the Mile High, CO, VORTAC, 
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 review the 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. Accordingly, 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 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 
7400.11G, Airspace Designations and Reporting Points, dated August 19, 
2022, and effective September 15, 2022, is amended as follows:

Paragraph 6010(a) Domestic VOR Federal Airways.

* * * * *

V-356 [Amended]

    From Red Table, CO; to INT Red Table 058[deg] and Kremmling, CO, 
190[deg] radials. From INT Gill, CO, 211[deg] and Mile High, CO, 
265[deg] radials; to Mile High.
* * * * *

    Issued in Washington, DC, on November 30, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-26391 Filed 12-5-22; 8:45 am]
BILLING CODE 4910-13-P


