[Federal Register Volume 88, Number 98 (Monday, May 22, 2023)]
[Rules and Regulations]
[Pages 32638-32640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10795]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0901; Airspace Docket No. 21-ANE-5]
RIN 2120-AA66


Amendment and Revocation of VOR Federal Airways; Northeast United 
States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Very High Frequency (VHF) Omnidirectional 
Range (VOR) Federal airways V-16 and V-290 and removes Federal airways 
V-93 and V-229. This action is necessary to support the FAA's VOR 
Minimum Operational Network (MON) program.

DATES: Effective date 0901 UTC, August 10, 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 JO Order 7400.11 
and publication of conforming amendments.

ADDRESSES: A copy of the Notice of Proposed Rulemaking (NPRM), all 
comments received, 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 7400.11G, 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: 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 as necessary to preserve 
the safe and efficient flow of air traffic within the National Airspace 
System.

History

    The FAA published a NPRM for Docket No. FAA-2022-0901 in the 
Federal Register (87 FR 43755; July 22, 2022), proposing to amend VOR 
Federal airways V-1, V-16, and V-290, and remove airways V-93, and V-
229. Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the proposal. No comments were 
received.

Differences From the NPRM

    Since publishing the NPRM, the FAA decided to postpone some of the 
proposed airway changes.
    V-1: The NPRM proposed to remove the V-1 airway segments from 
Cofield, NC, to Boston, MA. After publication, the FAA decided to 
postpone these changes. Therefore, V-1 remains in effect as currently 
published in FAA Order JO 7400.11G.
    V-16: The NPRM proposed to amend V-16 by removing the airway 
segments from the intersection of the Richmond, VA, 039[deg] and the 
Patuxent, MD, 228[deg] radials, to Boston, MA. After publication, the 
FAA decided to retain some of these segments. Accordingly, the FAA 
removes the segments between Richmond, VA, and Smyrna, DE; and the 
segments between the CREAM, NY, Fix, and Boston, MA. The segment from 
Smyrna to CREAM is being retained to support the VOR MON plan.
    V-93: The NPRM proposed to remove V-93 entirely. After publication, 
the FAA decided to retain some of the route. V-93 is amended by 
removing only the segments between Patuxent River, MD, and Baltimore, 
MD.
    V-229: The NPRM proposed to remove V-229 entirely. After 
publication, the FAA decided to retain some of the route. The FAA 
removes the following two segments of V-229: the segment between 
Patuxent River, MD, and the DONIL, DE, Fix: and the segment between the 
PANZE, NJ, Fix, and Hartford, CT. The airway segment between DONIL and 
PANZE is retained.
    V-290: The NPRM proposed to amend V-290 by removing the segments 
from Rainelle, WV, to Flat Rock, VA, due to the planned decommissioning 
of the Rainelle, WV (RNL), VOR. Subsequently, the FAA established the 
SHANE, WV, navigation Fix to replace the VOR so that the segment to 
Flat Rock can be retained and remain available for navigation. The 
SHANE Fix is defined by the intersection of the Bluefield, WV (BLF), 
VOR/Distance Measuring Equipment (DME) 025[deg](T)/028[deg](M) and the 
Montebello, VA (MOL), VOR/DME 274[deg](T)/279[deg](M) radials.
    These differences are reflected in the airway descriptions in the 
Rule section.

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 
7400.11G, 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. These amendments will be published in the 
next update to FAA Order JO 7400.11.
    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 modifying the following VOR 
Federal airways, as described.
    V-16: V-16 consists of two parts: from Los Angeles, CA, to Holly 
Springs, MS; and from Shelbyville, TN, to Boston, MA. This action 
amends the second part of the route by removing the segments

[[Page 32639]]

between Richmond, VA, and Smyrna, DE; and by removing the segments 
between the CREAM, NY, Fix and Boston, MA. The CREAM Fix is defined by 
the intersection of the Calverton, NY 044[deg], and the Madison, CT 
142[deg] radials. Therefore, the second part of V-16 extends from 
Shelbyville, TN, to Richmond, VA; and from Smyrna, DE, to the 
intersection of the Calverton, NY, 044[deg], and the Madison, CT 
142[deg] radials (i.e., the CREAM Fix). The first part of the route, 
from Los Angeles, CA, to Holly Springs, MS, remains unchanged as 
currently published in FAA Order JO 7400.11G. The words ``The airspace 
within Restricted Areas R-4005 and R-4006 is excluded,'' is removed 
from the route description because the amended route no longer passes 
by those areas.
    As amended, V-16 consists of three parts: from Los Angeles, CA, to 
Holly Springs, MS; from Shelbyville, TN, to Richmond, VA; and from 
Smyrna, DE, to the intersection of the Calverton, NY, 044[deg], and the 
Madison, CT 142[deg] radials.
    Area Navigation (RNAV) route T-224 has been extended as an overlay 
of V-16.
    V-93: V-93 extends, in two parts, from Patuxent River, MD, to the 
intersection of the Wilkes-Barre, PA 037[deg] and Sparta, NJ 300[deg] 
radials; and from the intersection of the Sparta 018[deg] ad the 
Kingston, NY 270[deg] radials, to Chester, MA. This action removes the 
segments from Patuxent River, MD to Baltimore, MD, due to the planned 
decommissioning of the Patuxent, MD, and Nottingham, MD, VOR/Tactical 
Air Navigation (VORTAC). As amended, V-93 extends from Baltimore, MD, 
to the intersection of the Wilkes-Barre, PA 037[deg] and Sparta, NJ 
300[deg] radials; and from the intersection of the Sparta 018[deg] and 
the Kingston, NY 270[deg] radials to Chester, MA.
    V-229: V-229 extends from Patuxent, MD, to Hartford, CT. This 
action removes the segments From Patuxent, MD to the DONIL, DE, Fix; 
and the segment from the PANZE, NJ, Fix to Hartford, CT. The segment 
From DONIL to PANZE is being retained at the request of the Department 
of Defense. As amended, V-229 extends from the intersection of the 
Atlantic City, NJ 236[deg] and the Smyrna, DE 133[deg] radials (the 
DONIL Fix) to the intersection of the Atlantic City 055[deg] and the 
Coyle, NJ 125[deg] radials (the PANZE Fix). The words ``The airspace 
below 2,000 feet MSL outside the United States is excluded'' are 
removed from the route description because they no longer apply.
    RNAV route T-315 overlies the segments of VOR Federal airway V-229 
north of the DONIL Fix.
    V-290: V-290 consists of two parts: from Rainelle, WV to Flat Rock, 
VA; and from Tar River, NC to the intersection of the Tar River 
109[deg] and the New Bern, NC 042[deg] radials. This action replaces 
the Rainelle, WV (RNL), VOR in the route description with the SHANE, 
WV, Fix. As amended, V-290 extends from the intersection of the 
Bluefield, WV 025[deg](T)/028[deg](M) and the Montebello, VA 
274[deg](T)/279[deg](M) radials (the SHANE Fix) to Flat Rock; and from 
Tar River to the intersection of the Tar River 109[deg] and the New 
Bern 042[deg] radials.
    The full route descriptions of these airways are listed in the 
amendments to part 71 set forth below. These actions are necessary to 
support the FAA's VOR MON program.

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.

Environmental Review

    The FAA has determined that this action of amending VOR Federal 
airways V-16, V-290 and removing Federal airways V-93, V-290 in 
Northeastern United States, 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-
6.5b, which categorically excludes from further environmental impact 
review ``Actions regarding establishment of jet routes and Federal 
airways (see 14 CFR 71.15, Designation of jet routes and VOR Federal 
airways). . .''. 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 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 part 71 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-16 [Amended]

    From Los Angeles, CA; Paradise, CA; Palm Springs, CA; Blythe, 
CA; Buckeye, AZ; Phoenix, AZ; INT Phoenix 155[deg] and Stanfield, 
AZ, 105[deg] radials; Tucson, AZ; San Simon, AZ; INT San Simon 
119[deg] and Columbus, NM, 277[deg] radials; Columbus; El Paso, TX; 
Salt Flat, TX; Wink, TX; INT Wink 066[deg] and Big Spring, TX, 
260[deg] radials; Big Spring; Abilene, TX; Bowie, TX; Bonham, TX; 
Paris, TX; Texarkana, AR; Pine Bluff, AR; Marvell, AR; to Holly 
Springs, MS. From Shelbyville, TN; Hinch Mountain, TN; Volunteer, 
TN; Holston Mountain, TN; Pulaski, VA; Roanoke, VA; Lynchburg, VA; 
Flat Rock, VA; to Richmond, VA. From Smyrna, DE, to INT Calverton, 
NY 044[deg] and Madison, CT 142[deg] radials. The airspace within 
Mexico, and the airspace below 2,000 feet MSL outside the United 
States is excluded. The airspace within restricted

[[Page 32640]]

areas R-5002A, R-5002C, and R-5002D is excluded during their times 
of use.
* * * * *

V-93 [Amended]

    From Baltimore, MD; 122[deg] radials; Baltimore; INT Baltimore 
004[deg] and Lancaster, PA, 214[deg] radials; Lancaster; Wilkes-
Barre, PA; to INT Wilkes-Barre 037[deg] and Sparta, NJ 300[deg] 
radials. From INT Sparta 018[deg] and Kingston, NY 270[deg] radials; 
Kingston; Pawling, NY; to Chester, MA.
* * * * *

V-229 [Amended]

    From INT Atlantic City, NJ 236[deg] and Smyrna, DE 133[deg] 
radials; Atlantic City; to INT Atlantic City 055[deg] and Coyle, NJ, 
125[deg] radials. The airspace within R-5002B is excluded during 
times of use.
* * * * *

V-290 [Amended]

    From INT Bluefield, WV 025[deg] and Montebello, VA 274[deg] 
radials; Montebello; to Flat Rock, VA. From Tar River, NC; to INT 
Tar River 109[deg] and New Bern, NC, 042[deg] radials.
* * * * *

    Issued in Washington, DC, on May 16, 2023.
Brian Konie,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-10795 Filed 5-19-23; 8:45 am]
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