Rules and Regulations. Final rule, technical amendment

Agency: Federal Aviation Administration (FAA), DOT
Action: Final rule, technical amendment
Citation: FR Doc. 2012-29001 · RIN 2120-AA66 · Docket No. FAA-2012-1193; Airspace Docket No. 12-ANM-26 · 14 CFR 71

Summary

This action amends VHF Omnidirectional Range (VOR) Federal Airway V-8 in the vicinity of Rifle, CO, to correct the description contained in part 71 to ensure it matches the information contained in the FAA's aeronautical database, matches the depiction on the associated charts, and to ensure the safety and efficiency of the National Airspace System (NAS).

Dates

Effective date 0901 UTC December 3, 2012. 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 7400.9 and publication of conforming amendments.

Supplementary Information

History After a recent review of aeronautical data, the Aeronautical Navigation Products Group identified the current VOR Federal airway V-8 description published in FAA Order 7400.9, Airspace Designations and Reporting Points, did not match the airway information contained in the FAA's aeronautical database or the charted depiction of the airway. When V-8 was amended in the Federal Register of September 30, 1993 (58 FR 51010), the airway was realigned over the Rifle, CO, VHF Omnidirectional Range/Distance Measuring Equipment (VOR/DME) navigation aid between Grand Junction, CO, and Kremmling, CO. In the Federal Register of August 9, 2010 (75 FR 47709), V-8 was renamed from the Findlay, OH, VORTAC to the Flag City, OH, VORTAC. The Rifle, CO, VOR/DME was inadvertently deleted from the airway description. The FAA aeronautical database retained the Rifle, CO, VOR/DME in the airway description correctly and the associated aeronautical charts remain published accordingly. To overcome any confusion or flight safety issues associated with conflicting airway description information being published, the FAA is amending the V-8 legal description to reflect the airway aligned over the Rifle, CO, VOR/DME. Accordingly, since this is an administrative correction to update the V-8 description to be in concert with the FAA's aeronautical database and charting, notice and public procedures under Title 5 U.S.C. 553(b) are unnecessary. The Rule The FAA amends Title 14 Code of Federal Regulations (14 CFR) part 71 by amending the legal description of VOR Federal airway V-8 in the vicinity of Rifle, CO. Specifically, the FAA amends V-8 to reflect the airway aligned over the Rifle, CO, VOR/DME; thus, matching the information currently contained in the FAA's aeronautical database and the charted depiction of the airway. VOR Federal airways are listed in paragraph 6010 of FAA Order 7400.9W dated August 8, 2012, and effective September 15, 2012, which is incorporated by reference in 14 CFR 71.1. The VOR Federal airway listed in this document will be revised subsequently in the Order. 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. Therefore, this regulation: (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 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. 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 amends an existing VOR Federal airway within the NAS. Environmental Review The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with 311a, FAA Order 1050.1E, “Environmental Impacts: Policies and Procedures.” This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment. List 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 TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9W, Airspace Designations and Reporting Points, signed August 8, 2012, and effective September 15, 2012, is amended as follows: Paragraph 6010 VOR Federal Airways. (a) Domestic VOR Federal airways. V-8 From INT Seal Beach, CA, 266° and Ventura, CA, 144° radials; Seal Beach; Paradise, CA; 35 miles, 7 miles wide (3 miles SE and 4 miles NW of centerline) Hector, CA; Goffs, CA; INT Goffs 033° and Morman Mesa, NV, 196° radials; Morman Mesa; Bryce Canyon, UT; Hanksville, UT; Grand Junction, CO; Rifle, CO; Kremmling, CO; Mile High, CO; Akron, CO; Hayes Center, NE; Grand Island, NE; Omaha, NE; Des Moines, IA; Iowa City, IA; Moline, IL; Joliet, IL; Chicago Heights, IL; Goshen, IN; Flag City, OH; Mansfield, OH; Briggs, OH; Bellaire, OH; INT Bellaire 107° and Grantsville, MD, 285° radials; Grantsville; Martinsburg, WV; to Washington, DC. The portion outside the United States has no upper limit. Issued in Washington, DC, November 15, 2012. Paul Gallant, Acting Manager, Airspace Policy and ATC Procedures Group. [FR Doc. 2012-29001 Filed 11-30-12; 8:45 am]