[Federal Register Volume 87, Number 202 (Thursday, October 20, 2022)]
[Rules and Regulations]
[Pages 63679-63680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22185]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0333; Airspace Docket No. 22-AGL-6]
RIN 2120-AA66


Amendment of VOR Federal Airway V-36; Northcentral United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends VHF Omnidirectional Range (VOR) Federal 
airway V-36 by establishing an airway segment within United States 
(U.S.) airspace over Lake Superior. The new V-36 airway segment 
replaces a similar segment that was inadvertently removed in a previous 
rulemaking action supporting NAV CANADA's Navigational Aid (NAVAID) 
Modernization Program. This action also supports cross border airway 
connectivity with NAV CANADA's V-36 airway between the Thunder Bay, ON, 
Canada, VOR/Distance Measuring Equipment (VOR/DME) and the Wawa, ON, 
Canada, VOR/DME NAVAIDs.

DATES: Effective date 0901 UTC, December 29, 2022. 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 expands the availability of the VOR Federal airway 
route structure in the northcentral United States and improves the 
efficient flow of air traffic crossing the U.S./Canada border flying 
through U.S. and Canadian airspace.

History

    The FAA published a notice of proposed rulemaking for Docket No. 
FAA-2022-0333 in the Federal Register (87 FR 19821; April 6, 2022), 
amending VOR Federal airway V-36. The proposed amendment replaces an 
airway segment that was inadvertently removed in a previous rulemaking 
action supporting NAV CANADA's NAVAID Modernization Program. 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 
JO 7400.11G, dated August 19, 2021, and effective September 15, 2021, 
which is incorporated by reference in 14 CFR 71.1. The VOR Federal 
airway 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, 2021, and effective September 
15, 2021. 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

[[Page 63680]]

airspace areas, air traffic service routes, and reporting points.

The Rule

    This action amends 14 CFR part 71 by modifying V-36 to establish a 
segment of the airway over Lake Superior within U.S. airspace that was 
inadvertently removed in a previous rulemaking action. The modification 
of V-36 supports cross border connectivity of the airway with NAV 
CANADA's V-36 airway between the Thunder Bay VOR/DME and Wawa VOR/DME. 
The airway action is described below.
    V-36: V-36 extends between the Wawa, ON, Canada, VOR/DME and the 
Sault Ste Marie, MI, VOR/DME; and between the Elmira, NY, VOR/DME and 
the intersection of the La Guardia, NY, VOR/DME 310[deg] and 
Stillwater, NJ, VOR/DME 043[deg] radials (NEION fix). The airspace 
within Canada is excluded. An airway segment is established within U.S. 
airspace that connects to NAV CANADA's V-36 airway segments between the 
Thunder Bay, ON, Canada, VOR/DME and the Wawa, ON, Canada, VOR/DME; 
providing cross border connectivity for the airway between the two 
NAVAIDs. As a result, V-36 will extend between the Thunder Bay, ON, 
Canada, VOR/DME and the Sault Ste Marie, MI, VOR/DME; and between the 
Elmira, NY, VOR/DME and the intersection of the La Guardia, NY, VOR/DME 
310[deg] and the Stillwater, NJ, VOR/DME 043[deg] radials (NEION fix). 
The airspace within Canada will continue to be excluded.
    The NAVAID radials listed in the V-36 description below are 
unchanged and stated in True degrees.
    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 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 action of amending VOR Federal 
airway V-36, to establish an airway segment inadvertently removed in a 
previous rulemaking action, 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). 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 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-36 [Amended]

    From Thunder Bay, ON, Canada; Wawa, ON, Canada; to Sault Ste 
Marie, MI. From Elmira, NY; INT Elmira 110[deg] and LaGuardia, NY, 
310[deg] radials; to INT LaGuardia 310[deg] and Stillwater, NJ, 
043[deg] radials. The airspace within Canada is excluded.
* * * * *

    Issued in Washington, DC, on October 6, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-22185 Filed 10-19-22; 8:45 am]
BILLING CODE 4910-13-P


