[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:
[email protected], 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]
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