[Federal Register Volume 89, Number 44 (Tuesday, March 5, 2024)]
[Rules and Regulations]
[Pages 15738-15740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04611]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-1735; Airspace Docket No. 23-AGL-18]
RIN 2120-AA66


Amendment of VOR Federal Airways V-78 and V-171; Darwin, MN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Very High Frequency Omnidirectional Range 
(VOR) Federal Airways V-78 and V-171 in the vicinity of Darwin, MN. The 
amendments are due to the planned decommissioning of the VOR portion of 
the Darwin, MN (DWN), VOR/Tactical Air Navigation (VORTAC) navigational 
aid (NAVAID). The Darwin VOR is

[[Page 15739]]

being decommissioned as part of the FAA's VOR Minimum Operational 
Network (MON) program.

DATES: Effective date 0901 UTC, May 16, 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: 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 Air Traffic Service (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-2023-1735 in the Federal Register (88 FR 54959; August 14, 2023), 
proposing to amend VOR Federal Airways V-78 and V-171 due to the 
planned decommissioning of the VOR portion of the Darwin, MN, VORTAC 
NAVAID. Interested parties were invited to participate in this 
rulemaking effort by submitting written comments on the proposal. No 
comments were received.

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 
7400.11H, 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 Airways 
V-78 and V-171 due to the planned decommissioning of the VOR portion of 
the Darwin, MN, VORTAC. The airway actions are described below.
    V-78: Prior to this final rule, V-78 extended between the Darwin, 
MN, VORTAC and the Escanaba, MI, VOR/DME; and between the Pellston, MI, 
VORTAC and the Saginaw, MI, VOR/DME. The airway segment between the 
Darwin VORTAC and the Gopher, MN, VORTAC is removed. As amended, the 
airway is changed to now extend between the Gopher VORTAC and the 
Escanaba VOR/DME and between the Pellston VORTAC and the Saginaw VOR/
DME.
    V-171: Prior to this final rule, V-171 extended between the 
Lexington, KY, VOR/DME and the Joliet, IL, VOR/DME; and between the 
Nodine, MN, VORTAC and the Grand Forks, ND, VOR/DME. The airway segment 
between the Farmington, MN, VORTAC and the Alexandria, MN, VOR/DME is 
removed. As amended, the airway is changed to now extend between the 
Lexington VOR/DME and the Joliet VOR/DME, between the Nodine VORTAC and 
the Farmington VORTAC, and between the Alexandria VOR/DME and the Grand 
Forks VOR/DME.
    The NAVAID radials listed in the VOR Federal airway descriptions in 
the regulatory text of this final rule 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 
Airways V-78 and V-171, due to the planned decommissioning of the VOR 
portion of the Darwin, MN, VORTAC 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).

[[Page 15740]]

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 
7400.11H, 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-78 [Amended]
    From Gopher, MN; INT Gopher 091[deg] and Eau Claire, WI, 
290[deg] radials; Eau Claire; Rhinelander, WI; Iron Mountain, MI; to 
Escanaba, MI. From Pellston, MI; Alpena, MI; INT Alpena 232[deg] and 
Saginaw, MI, 353[deg] radials; to Saginaw.
* * * * *
V-171 [Amended]
    From Lexington, KY; INT Lexington 251[deg] and Louisville, KY, 
114[deg] radials; Louisville; Terre Haute, IN; Danville, IL; 
Peotone, IL; INT Peotone 281[deg] and Joliet, IL, 173[deg] radials; 
to Joliet. From Nodine, MN; INT Nodine 298[deg] and Farmington, MN, 
124[deg] radials; to Farmington. From Alexandria, MN; INT Alexandria 
321[deg] and Grand Forks, ND, 152[deg] radials; to Grand Forks.
* * * * *

    Issued in Washington, DC, on February 29, 2024.
Frank Lias,
Manager, Rules and Regulations Group.
[FR Doc. 2024-04611 Filed 3-4-24; 8:45 am]
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