[Federal Register Volume 88, Number 183 (Friday, September 22, 2023)]
[Rules and Regulations]
[Pages 65311-65313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20449]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2023-1325; Airspace Docket No. 23-AGL-17]
RIN 2120-AA66
Amendment of VOR Federal Airway V-36 and Establishment of RNAV
Route T-675; Northcentral United States
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action amends Very High Frequency Omnidirectional Range
(VOR) Federal airway V-36 and establishes Canadian Area Navigation
(RNAV) route T-675 in the northcentral United States (US). The Air
Traffic Service (ATS) route actions are necessary due to the planned
decommissioning of the Wawa, Ontario (ON), Canada, VOR navigational aid
(NAVAID). This action is in support of NAV CANADA's NAVAID
Modernization Program within Canada.
DATES: Effective date 0901 UTC, November 30, 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: 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 7400.11H, 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: 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 ATS 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 for Docket No.
FAA-2023-1325 in the Federal Register (88 FR 37179; June 7, 2023),
amending VOR Federal airway V-36 and establishing Canadian RNAV route
T-675 in the northcentral US. The action is due to the planned
decommissioning of the Wawa, Ontario (ON), Canada, VOR navigational aid
(NAVAID) by NAV CANADA in support of their NAVAID Modernization
Program. 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
Subsequent to the NPRM, NAV CANADA clarified their intended action
due to the planned decommissioning of the Wawa, ON, Canada VOR was to
replace the existing V-36 entirely with a new RNAV route T-675 between
the Thunder Bay, ON, Canada, area and the Sault Ste Marie, MI, VOR/
Distance Measuring Equipment (DME) NAVAID. The NPRM proposed to remove
the affected V-36 airway segments within US airspace between the
Thunder Bay, ON, Canada, VOR/DME and the Sault Ste Marie, MI, VOR/DME,
but only proposed to establish the replacement Canadian RNAV route T-
675 for one of the two affected V-36 segments within US airspace. In
the NPRM, the FAA proposed to establish the T-675 route segment over
Lake Michigan between the NOJJE, MI, waypoint (WP) replacing the
``CFZDP'' computer navigation fix (CNF) and the RUXDU, MI, WP replacing
the ``CFTKM'' CNF on the US/Canada border, but not the second route
segment overlaying V-36 in US airspace between the Sault Ste Marie VOR/
DME northward to the US/Canada border.
In order to provide continued cross border connectivity for the
entirety of the new T-675 route replacing the existing V-36 airway
between the Thunder Bay VOR/DME and the Sault Ste Marie VOR/DME, the
FAA has determined this action must also include establishing a second
segment of T-675 within US airspace between the Sault Ste Marie VOR/DME
and the BBIGG, MI, WP replacing the ``CFCMN'' CNF on the US/Canada
border. Although the second T-675 route segment was not proposed in the
NPRM, its inclusion in this action retains the ATS routing provided by
V-36 prior to this final rule, provides route continuity with NAV
CANADA's T-675 in Canadian airspace, assures continued cross border
connectivity between Thunder Bay, Ontario, Canada and Sault Ste Marie,
MI, and prevents any possible safety-related issues or confusion caused
by the publication of the replacement T-675 route ending on the US/
Canada border instead of the Sault Ste Marie VOR/DME NAVAID.
Therefore, this action adds the Canadian RNAV route T-675 segment
between the Sault Ste Marie VOR/DME and the BBIGG, MI, WP to the route
description published in the NPRM. The Canadian RNAV route T-675 being
established in this final rule extends between the Sault Ste Marie VOR/
DME and the BBIGG, MI, WP and between the NOJJE, MI, WP and the RUXDU,
MI, WP.
Incorporation by Reference
VOR Federal airways are published in paragraph 6010(a) and Canadian
Area Navigation Routes are published in paragraph 6013 of FAA Order JO
[[Page 65312]]
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
7400.11H, dated August 11, 2023, and effective September 15, 2023. FAA
Order JO 7400.11H 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 7400.11H 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 amending VOR Federal airway V-
36 and establishing Canadian RNAV route T-675 in US airspace. This
action is being taken due to NAV CANADA's planned decommissioning of
the Wawa, ON, Canada, VOR as part of their NAVAID Modernization
Program. The ATS route actions are described below.
V-36: Prior to this rule, V-36 extended 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 is excluded. The airway
segments between the Thunder Bay, ON, Canada, VOR/DME and the Sault Ste
Marie, MI, VOR/DME and the exclusionary language is removed. As
amended, the airway extends completely within US airspace between the
Elmira VOR/DME and the intersection of the La Guardia VOR/DME 310[deg]
and the Stillwater VOR/DME 043[deg] radials (NEION fix).
T-675: T-675 is established between the Sault Ste Marie, MI, VOR/
DME and the BBIGG, MI, WP which replaces the ``CFCMN'' CNF, and between
the NOJJE, MI, WP and the RUXDU, MI, WP. The two new Canadian RNAV
route segments in US airspace provide route continuity and cross border
connectivity from Sault Ste Marie, MI, and Thunder Bay, ON, Canada with
two Canadian RNAV route T-675 segments being established by NAV CANADA
within Canadian airspace.
All radials in the VOR Federal airway V-36 description in the
amendments to part 71 are unchanged and stated in degrees True north.
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 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 and establishing Canadian RNAV route T-675 within US
airspace, due to NAV CANADA's planned decommissioning of the Wawa, ON,
Canada, VOR NAVAID, 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 impact
review 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. 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 7400.11H,
Airspace Designations and Reporting Points, dated August 11, 2023, and
effective September 15, 2023, is amended as follows:
Paragraph 6010(a) Domestic VOR Federal Airways.
* * * * *
V-36 [Amended]
From Elmira, NY; INT Elmira 110[deg] and LaGuardia, NY, 310[deg]
radials; to INT LaGuardia 310[deg] and Stillwater, NJ, 043[deg]
radials.
* * * * *
Paragraph 6013 Canadian Area Navigation Routes.
* * * * *
T-675 Sault Ste Marie, MI (SSM) to RUXDU, MI [New]
Sault Ste Marie, MI (SSM) VOR/DME (Lat. 46[deg]24'43.60'' N, long. 084[deg]18'53.54'' W)
BBIGG, MI WP (Lat. 46[deg]30'27.69'' N, long. 084[deg]20'44.09'' W)
and
NOJJE, MI WP (Lat. 48[deg]10'58.82'' N, long. 088[deg]03'36.84'' W)
RUXDU, MI WP (Lat. 48[deg]13'11.74'' N, long. 088[deg]44'17.74'' W)
[[Page 65313]]
* * * * *
Issued in Washington, DC, on September 18, 2023.
Karen L. Chiodini,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2023-20449 Filed 9-21-23; 8:45 am]
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