[Federal Register Volume 88, Number 225 (Friday, November 24, 2023)]
[Rules and Regulations]
[Pages 82250-82252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25851]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-2097; Airspace Docket No. 23-ANE-7]
RIN 2120-AA66


Amendment of Very High Frequency Omnidirectional Range (VOR) 
Federal Airway V-16; Northeast 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-16. This action is necessary to reinstate six 
route points that were inadvertently omitted in a previous route 
amendment of VOR Federal Airway V-16 that took effect August 10, 2023.

DATES: Effective date 0901 UTC, January 25, 2024. 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 7400.11H, 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

[[Page 82251]]

Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Brian Vidis, 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 airway V-16 by removing the route segments between the 
Richmond, VA (RIC), VOR/Tactical Air Navigation (VORTAC) and the 
Boston, MA (BOS), VOR/Distance Measuring Equipment (VOR/DME). The FAA 
then published a final rule for Docket No. FAA-2022-0901 in the Federal 
Register (88 FR 32638; May 22, 2023) amending V-16. In the final rule, 
differences from the NPRM were stated that after publication of the 
NPRM the FAA decided to retain some of the segments of V-16. 
Specifically, the FAA removed the segments between the Richmond VORTAC, 
and the Smyrna, DE (ENO), VORTAC; and the segments between the CREAM, 
NY, Fix, and the Boston VOR/DME. The segment between the Smyrna VORTAC 
and the CREAM, Fix was retained. The legal description in that final 
rule only reinstated the first and last points in the segment being 
retained and inadvertently omitted the six intermediate route points 
that made up the original route segments. This action reinstates the 
six route points that originally defined the route segments between the 
Smyrna VORTAC and the CREAM, Fix.

Incorporation by Reference

    United States VOR Federal Airways are published in paragraph 6010 
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 
7400.11H, 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 modifying VOR Federal airway 
V-16 to reinstate six route points that were inadvertently omitted in a 
previous route amendment in Docket No. FAA-2022-0901 in the Federal 
Register (88 FR 32638; May 22, 2023). The route changes are described 
below.
    V-16: V-16 consists of three parts: between the Los Angeles, CA 
(LAX), VORTAC, and the Holly Springs, MS (HLI), VORTAC; between the 
Shelbyville, TN (SYI), VOR/DME, and the Richmond VORTAC; and between 
the Smyrna VORTAC and the CREAM Fix. The CREAM Fix is defined by the 
intersection of the Calverton, NY (CCC), VOR/DME 044[deg], and the 
Madison, CT (MAD), VOR/DME 142[deg] radials. The first and second part 
of the route, between the Los Angeles VORTAC and the Holly Springs 
VORTAC; and between the Shelbyville VOR/DME and the Richmond VORTAC 
remains unchanged as currently published in FAA Order JO 7400.11H. This 
action amends the third part of the route by reinstating six route 
points to the legal description between the Smyrna VORTAC and the 
Calverton VOR/DME, 044[deg], and the Madison VOR/DME 142[deg] radials. 
As amended the third route segment is defined as Smyrna VORTAC; Cedar 
Lake, NJ (VCN), VOR/DME; Coyle, NJ (CYN), VORTAC; INT Coyle VORTAC 
036[deg] and Kennedy, NY (JFK), VOR/DME 209[deg] radials; Kennedy VOR/
DME; INT Kennedy VOR/DME 040[deg] and Calverton VOR/DME 261[deg] 
radials; Calverton VOR/DME; to INT Calverton VOR/DME 044[deg] and 
Madison VOR/DME 142[deg] radials.
    The NAVAID radials listed in the V-16 description in The Rule 
section 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 
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 
airway V-16 in the 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 airspace action is not expected to cause 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.

[[Page 82252]]

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of 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 
TRAFFICSERVICE 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 
7400.11H, 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-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; Cedar Lake, NJ; 
Coyle, NJ; INT Coyle 036[deg] and Kennedy, NY, 209[deg] radials; 
Kennedy; INT Kennedy 040[deg] and Calverton, NY 261[deg] radials; 
Calverton; 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 Areas R-5002A, R-5002C, and R-5002D is excluded during 
their times of use.
* * * * *

    Issued in Washington, DC, on November 17, 2023.
Karen L. Chiodini,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2023-25851 Filed 11-22-23; 8:45 am]
BILLING CODE 4910-13-P