Rules and Regulations. Final rule

Agency: Federal Aviation Administration (FAA), DOT
Action: Final rule
Citation: FR Doc. 2022-08893 · RIN 2120-AA66 · Docket No. FAA-2021-1021; Airspace Docket No. 21-ASO-9 · 14 CFR 71

Summary

This action amends three jet routes and removes one jet route in the eastern United States. This action is associated with the decommissioning of the Atlanta VHF Omnidirectional Range and Tactical Air Navigation (VORTAC) system in support of the VHF Omnidirectional Range (VOR) Minimum Operational Network (MON) to improve the efficiency of the National Airspace System (NAS) and reduce dependency on ground-based navigational systems.

Dates

Effective date 0901 UTC, July 14, 2022. 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.

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 NAS. History The FAA published a notice of proposed rulemaking for Docket No. FAA-2021-1021 in the Federal Register (86 FR 73205; December 27, 2021), amending three jet routes and removing one jet route in the eastern United States. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal. No comments were received. Jet routes are published in paragraph 2004 of FAA Order JO 7400.11F dated August 10, 2021, and effective September 15, 2021, which is incorporated by reference in 14 CFR 71.1. The jet routes listed in this document would be subsequently amended in, or removed, respectively, from FAA Order JO 7400.11. Availability and Summary of Documents for Incorporation by Reference This document amends FAA Order JO 7400.11F, Airspace Designations and Reporting Points, dated August 10, 2021, and effective September 15, 2021. FAA Order JO 7400.11F is publicly available as listed in the ADDRESSES section of this document. FAA Order JO 7400.11F 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 J-4, J-45 and J-89 and removing J-239 in the eastern United States. This action is associated with the planned decommissioning of the Atlanta VORTAC and the VOR MON program by amending and removing certain jet route segments that are being replaced by area navigation routing. Additionally, the jet route changes reduce aeronautical chart clutter by removing unneeded route segments. The route changes are as follows: J-4: J-4 currently extends between the Los Angeles, CA, (LAX) VORTAC, and the Colliers, SC, (IRQ) VORTAC. The FAA is removing the latter segment of the route from the Meridian, MS, (MEI) VORTAC to the Colliers VORTAC. The amended route extends between the Los Angeles, CA, (LAX) VORTAC and the Magnolia, MS, (MHZ) VORTAC. J-45: J-45 currently extends between the Atlanta, GA, VORTAC, and the Aberdeen, SD, (ABR) VOR/Distance Measuring Equipment (VOR/DME). This action removes the Atlanta, GA, (ATL) VORTAC from the initial segment. The amended route extends between the Nashville, TN, (BNA) VORTAC, and the Aberdeen, SD, (ABR) VOR/DME. J-89: J-89 currently extends between the Atlanta, GA, VORTAC, and the Winnipeg, MB, Canada, (YWG) VORTAC. This action removes the Atlanta, GA, (ATL) VORTAC in the initial segment. As amended, the route extends between the Louisville, KY, (IIU) VORTAC, and the Winnipeg, MB, Canada, (YWG) VORTAC. The portion within Canada is excluded. J-239: J-239 currently extends between the Atlanta, GA, (ATL) VORTAC and the Meridian, MS, (MEI) VORTAC. The FAA is removing the entire route. FAA Order 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15. 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 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 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 three jet routes, removing one jet route, in the eastern 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 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. The FAA has determined 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 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. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO 7400.11F Airspace Designations and Reporting Points, dated August 10, 2021, and effective September 15, 2021, is amended as follows: Paragraph 2004 Jet Routes. J-4 [Amended] From Los Angeles, CA, via INT Los Angeles 083° and Twentynine Palms, CA, 269° radials; Twentynine Palms; Parker, CA; Buckeye, AZ; San Simon, AZ; Newman, TX; Wink, TX; Abilene, TX; Ranger, TX; Belcher, LA; to Magnolia, MS. J-45 [Amended] From Nashville, TN; St Louis, MO; Kirksville, MO; Des Moines, IA; Sioux Falls, SD; to Aberdeen, SD. J-89 [Amended] From Louisville, KY; Boiler, IN; Northbrook, IL; Badger, WI; Duluth, MN; to Winnipeg, MB, Canada. The portion within Canada is excluded. J-239 [Removed] Issued in Washington, DC, on April 20, 2022. Scott M. Rosenbloom, Manager, Airspace Rules and Regulations. [FR Doc. 2022-08893 Filed 4-26-22; 8:45 am]