Proposed Rule2024-00547
Amendment and Revocation of Multiple Air Traffic Service (ATS) Routes; Eastern United States
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Published
January 16, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
This action proposes to amend three Very High Frequency Omnidirectional Range (VOR) Federal airways and two United States Area Navigation (RNAV) routes; and to revoke two VOR Federal airways and three jet routes in the eastern United States. The FAA is taking this action due to the planned decommissioning of the Elmira, NY (ULW), VOR/ Distance Measuring Equipment (VOR/DME). This action is in support of the FAA's VOR Minimum Operational Network (MON) Program.
Full Text
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<title>Federal Register, Volume 89 Issue 10 (Tuesday, January 16, 2024)</title>
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[Federal Register Volume 89, Number 10 (Tuesday, January 16, 2024)]
[Proposed Rules]
[Pages 2522-2525]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00547]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2023-2315; Airspace Docket No. 22-AEA-26]
RIN 2120-AA66
Amendment and Revocation of Multiple Air Traffic Service (ATS)
Routes; Eastern United States
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This action proposes to amend three Very High Frequency
Omnidirectional Range (VOR) Federal airways and two United States Area
Navigation (RNAV) routes; and to revoke two VOR Federal airways and
three jet routes in the eastern United States. The FAA is taking this
action due to the planned decommissioning of the Elmira, NY (ULW), VOR/
Distance Measuring Equipment (VOR/DME). This action is in support of
the FAA's VOR Minimum Operational Network (MON) Program.
DATES: Comments must be received on or before March 1, 2024.
ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-2315 and
Airspace Docket No. 22-AEA-26 using any of the following methods:
* Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">www.regulations.gov</a> and follow
the online instructions for sending your comments electronically.
* Mail: Send comments to Docket Operations, M-30; U.S. Department
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West
Building Ground Floor, Washington, DC 20590-0001.
* Hand Delivery or Courier: Take comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
* Fax: Fax comments to Docket Operations at (202) 493-2251.
Docket: Background documents or comments received may be read at
<a href="http://www.regulations.gov">www.regulations.gov</a> at any time. Follow the online instructions for
accessing the docket or go to the Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FAA Order JO 7400.11H, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at <a href="http://www.faa.gov/air_traffic/publications/">www.faa.gov/air_traffic/publications/</a>. 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: 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 would modify the route structure as necessary to
preserve the safe and efficient flow of air traffic within the National
Airspace System (NAS).
Comments Invited
The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal. The most
helpful comments reference a specific portion of the proposal, explain
the reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should submit only one time if comments are filed electronically, or
commenters should send only one copy of written comments if comments
are filed in writing.
The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The FAA will consider comments filed
after the
[[Page 2523]]
comment period has closed if it is possible to do so without incurring
expense or delay. The FAA may change this proposal in light of the
comments it receives.
Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
<a href="http://www.dot.gov/privacy">www.dot.gov/privacy</a>.
Availability of Rulemaking Documents
An electronic copy of this document may be downloaded through the
internet at <a href="http://www.regulations.gov">www.regulations.gov</a>. Recently published rulemaking
documents can also be accessed through the FAA's web page at
<a href="http://www.faa.gov/air_traffic/publications/airspace_amendments/">www.faa.gov/air_traffic/publications/airspace_amendments/</a>.
You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Operations office (see ADDRESSES section for address, phone number, and
hours of operations). An informal docket may also be examined during
normal business hours at the office of the Eastern Service Center,
Federal Aviation Administration, Room 210, 1701 Columbia Avenue,
College Park, GA, 30337.
Incorporation by Reference
Jet Routes are published in paragraph 2004, Domestic VOR Federal
Airways are published in paragraph 6010(a), and United States Area
Navigation Routes are published in paragraph 6011 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 proposes to amend the current version of that order, FAA Order
JO 7400.11H, dated August 11, 2023, and effective September 15, 2023.
These updates would be published in the next update to FAA Order JO
7400.11. That order is publicly available as listed in the ADDRESSES
section of this document.
FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.
Background
The FAA is planning to decommission the Elmira, NY (ULW), VOR/
Distance Measuring Equipment (VOR/DME) in September 2024. The Elmira
VOR/DME was a candidate Navigational Aid (NAVAID) identified for
discontinuance by the FAA's VOR MON program and listed in the Final
policy statement notice, ``Provision of Navigation Services for the
Next Generation Air Transportation System (NextGen) Transition to
Performance-Based Navigation (PBN) (Plan for Establishing a VOR Minimum
Operational Network),'' published in the Federal Register of July 26,
2016 (81 FR 48694), Docket No. FAA-2011-1082.
The Air Traffic Service (ATS) routes affected by the planned Elmira
VOR/DME decommissioning are Jet Routes J-132, J-223, and J-227; VOR
Federal Airways V-35, V-36, V-147, and V-270; and RNAV Routes T-440 and
T-445. With the planned decommissioning of the Elmira VOR/DME, the
remaining ground-based NAVAID coverage in the area is insufficient to
enable the continuity of the affected ATS routes. As such, proposed
modifications to V-35 and V-270 would result in the airways being
shortened; to V-147 would result in a gap being created; and to J-132,
J-223, J-227, and V-36 would result in the airways being revoked.
To overcome the proposed modifications to the affected routes,
instrument flight rules (IFR) traffic could receive air traffic control
(ATC) radar vectors to fly through or circumnavigate the affected area.
Additionally, IFR pilots with Area Navigation (RNAV) equipped aircraft
could also use the adjacent RNAV Routes T-440 and T-445, proposed in
this action or navigate point-to-point using the existing fixes that
will remain in place to support continued operations though the
affected area. Visual flight rules (VFR) pilots who elect to navigate
via airways through the affected area could also take advantage of ATC
services listed previously.
Prior to this NPRM, the FAA published a final rule for airspace
docket 23-AGL-17 in the Federal Register (88 FR 65311; September 22,
2023) amending VOR Federal Airway V-36 by removing the airway segment
between the Thunder Bay, Ontario (ON), Canada VOR/DME and the Sault Ste
Marie, MI, VOR/DME. The effective date for that action was November 30,
2023. Subsequent to the final rule, the FAA published a final rule,
delay of effective date in the Federal Register (88 FR 71990; October
19, 2023) delaying the effective date to March 21, 2024. That airway
amendment, effective March 21, 2024, is included in this action.
The Proposal
The FAA is proposing an amendment to 14 CFR part 71 to amend VOR
Federal Airways V-35, V-147, and V-270; to amend RNAV Routes T-440 and
T-445; and to revoke VOR Federal Airway V-36 and Jet Routes J-132, J-
223, and J-227. The proposed changes are due to the scheduled
decommissioning of the Elmira VOR/DME. The proposed ATS route changes
are described below.
J-132: J-132 currently extends between the Elmira, NY (ULW), VOR/
DME and the Huguenot, NY (HUO), VOR/DME. The FAA proposes to remove
this route in its entirety.
J-223: J-223 currently extends between the La Guardia, NY (LGA),
VOR/DME and the intersection of the La Guardia VOR/DME 310[deg] and
Elmira, NY (ULW), VOR/DME 110[deg] radials (CORDS Fix). The FAA
proposes to remove this route in its entirety.
J-227: J-227 currently extends between the Armel, VA (AML), VOR/DME
and the Elmira, NY (ULW), VOR/DME. The FAA proposes to remove this
route in its entirety.
V-35: V-35 currently extends between the Dolphin, FL (DHP), VOR/
Tactical Air Navigation (VORTAC) and the Pecan, GA (PZD), VOR/DME;
between the intersection of the Dublin, GA (DBN), VORTAC 309[deg] and
the Athens, GA (AHN), VOR/DME 195[deg] radials (SINCA Fix) and the
Morgantown, WV (MGW), VOR/DME; and between the Philipsburg, PA (PSB),
VORTAC and the Syracuse, NY (SYR), VORTAC. The FAA proposes to remove
the route segments between the Stonyfork, PA (SFK), VOR/DME and the
Syracuse VORTAC. As amended, the route would extend between the Dolphin
VORTAC and the Pecan VOR/DME, between the SINCA Fix and the Morgantown
VOR/DME, and between the Philipsburg VORTAC and the Stonyfork VOR/DME.
V-36: V-36 currently extends between the Elmira, NY (ULW), VOR/DME
and the intersection of the La Guardia, NY (LGA), VOR/DME 310[deg] and
the Stillwater, NJ (STW), VOR/DME 043[deg] radials. The FAA proposes to
remove the route in its entirety.
V-147: V-147 currently extends between the Yardley, PA (ARD), VOR/
DME and the Rochester, NY (ROC), VOR/DME. The FAA proposes to remove
the route segments between the Wilkes-Barre, PA (LVZ), VORTAC and the
Geneseo, NY (GEE), VOR/DME. As amended, the route would extend between
the Yardley VOR/DME and the Wilkes-Barre VORTAC, and between the
Geneseo VOR/DME and the Rochester VOR/DME.
V-270: V-270 currently extends between the Elmira, NY (ULW), VOR/
DME and the Boston, MA (BOS), VOR/DME. The FAA proposes to remove the
route segment between the Elmira VOR/DME and the Binghamton, NY (CFB),
[[Page 2524]]
VOR/DME. Additionally, the FAA proposes to remove the Delancey, NY
(DNY), VOR/DME from the route and replace it with the intersection of
the Binghamton VOR/DME 088[deg] True (T)/098[deg] Magnetic (M) and the
Sparta, NJ (SAX), VORTAC 344[deg] T/355[deg] M radials (DANZI Fix).
Replacement of the Delancey VOR/DME with the DANZI Fix would provide
continued connection to other ATS routes in the route structure. As
amended, the route would extend between the Binghamton VOR/DME and the
Boston VOR/DME.
T-440: T-440 currently extends between the Elmira, NY (ULW), VOR/
DME and the TALLI, PA, Fix. The FAA proposes to remove the Elmira VOR/
DME and replace it with the STUBN, NY, WP which is located 60 feet
southeast of the Elmira VOR/DME. The amended RNAV route would mitigate
the proposed V-147 airway segment removal and provide route continuity.
As amended, the route would extend between the STUBN WP and the TALLI
Fix.
T-445: T-445 currently extends between the Harrisburg, PA (HAR),
VORTAC and the AIRCO, NY, Fix. The FAA proposes to remove the Elmira,
NY (ULW), VOR/DME and replace it with the STUBN, NY, WP which is
located 60 feet southeast of the Elmira VOR/DME. As amended, the route
would continue to extend between the Harrisburg VORTAC and the AIRCO
Fix.
The NAVAID radials listed in the VOR Federal airway descriptions in
the proposed regulatory text of this NPRM are unchanged and stated in
degrees True north.
Regulatory Notices and Analyses
The FAA has determined that this proposed 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 proposed 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
This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 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 2004 Jet Routes.
* * * * *
J-132 [Removed]
* * * * *
J-223 [Removed]
* * * * *
J-227 [Removed]
* * * * *
Paragraph 6010(a) Domestic VOR Federal Airways.
* * * * *
V-35 [Amended]
From Dolphin, FL; INT Dolphin 266[deg] and Cypress, FL, 110[deg]
radials; INT Cypress 110[deg] and Lee County, FL, 138[deg] radials;
Lee County; INT Lee County 326[deg] and St. Petersburg, FL, 152[deg]
radials; St. Petersburg; INT St. Petersburg 350[deg] and Cross City,
FL, 168[deg] radials; Cross City; Greenville, FL; to Pecan, GA. From
INT Dublin, GA, 309[deg] and Athens, GA, 195[deg] radials; Athens;
Electric City, SC; Sugarloaf Mountain, NC; Holston Mountain, TN;
Glade Spring, VA; Charleston, WV; INT Charleston 051[deg] and
Elkins, WV, 264[deg] radials; Clarksburg, WV; to Morgantown, WV.
From Philipsburg, PA; to Stonyfork, PA.
V-36 [Removed]
* * * * *
V-147 [Amended]
From Yardley, PA; INT Yardley 294[deg] and East Texas, PA,
124[deg] radials; East Texas; to Wilkes-Barre, PA. From Geneseo, NY;
to Rochester, NY.
* * * * *
V-270 [Amended]
From Binghamton, NY; INT Binghamton 088[deg]T/098[deg]M and
Sparta, NJ, 344[deg]T/355[deg]M radials; Chester, MA; INT Chester
091[deg] and Boston, MA, 262[deg] radials; to Boston.
* * * * *
Paragraph 6011 United States Area Navigation Routes.
* * * * *
T-440 STUBN, NY to TALLI, PA [Amended]
STUBN, NY WP (Lat. 42[deg]05'38.58'' N, long. 077[deg]01'28.68'' W)
WLKES, PA W (Lat. 41[deg]16'22.57'' N, long. 075[deg]41'21.60'' W)
TALLI, PA FIX (Lat. 41[deg]19'01.60'' N, long. 075[deg]06'43.17'' W)
* * * * *
T-445 Harrisburg, PA (HAR) to AIRCO, NY [Amended]
Harrisburg, PA (HAR) VORTAC (Lat. 40[deg]18'08.06'' N, long. 077[deg]04'10.41'' W)
Selinsgrove, PA (SEG) VOR/DME (Lat. 40[deg]47'27.09'' N, long. 076[deg]53'02.55'' W)
LYKOM, PA WP (Lat. 41[deg]20'18.75'' N, long. 076[deg]46'30.30'' W)
STUBN NY WP (Lat. 42[deg]05'38.58'' N, long. 077[deg]01'28.68'' W)
BEEPS, NY FIX (Lat. 42[deg]49'13.26'' N, long. 076[deg]59'04.84'' W)
Rochester, NY (ROC) VOR/DME (Lat. 43[deg]07'04.65'' N, long. 077[deg]40'22.06'' W)
AIRCO, NY FIX (Lat. 43[deg]12'36.66'' N, long. 078[deg]28'57.00'' W)
[[Page 2525]]
* * * * *
Issued in Washington, DC, on January 8, 2024.
Frank Lias,
Manager, Rules and Regulations Group.
[FR Doc. 2024-00547 Filed 1-12-24; 8:45 am]
BILLING CODE 4910-13-P
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