Rules and Regulations. Final rule

Agency: Federal Aviation Administration (FAA), DOT
Action: Final rule
Citation: FR Doc. 2023-20448 · RIN 2120-AA66 · Docket No. FAA-2023-0955; Airspace Docket No. 22-AGL-37 · 14 CFR 71

Summary

This action revokes Very High Frequency Omnidirectional Range (VOR) Federal airway V-456 and the Mankato, MN, Low Altitude Reporting Point. The FAA is taking this action due to the planned decommissioning of the VOR portion of the Mankato, MN (MKT), VOR/Distance Measuring Equipment (VOR/DME) navigational aid (NAVAID). The Mankato VOR is being decommissioned in support of the FAA's VOR Minimum Operational Network (MON) program.

Dates

Effective date 0901 UTC, November 30, 2023. 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 modifies the Air Traffic Service enroute 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-2023-0955 in the Federal Register (88 FR 23593; April 18, 2023), proposing to revoke VOR Federal airway V-456 and the Mankato, MN, low altitude reporting point due to the planned decommissioning of the Mankato, MN, VOR. 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) and Domestic Low Altitude Reporting Points are published in paragraph 7001 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. This amendment action 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 revoking VOR Federal airway V-456 and the Mankato, MN, low altitude reporting point due to the planned decommissioning of the VOR portion of the Mankato, MN, VOR/DME NAVAID. The airway and low altitude reporting point actions are described below. V-456: Prior to this final rule, V-456 extended between the Mankato, MN, VOR/DME and the Flying Cloud, MN, VOR/DME. The airway is removed in its entirety. Mankato, MN: The Mankato, MN, low altitude reporting point is removed. 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 revoking VOR Federal airway V-456 and the Mankato, MN, low altitude reporting point, due to the planned decommissioning of the VOR portion of the Mankato, MN, VOR/DME 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). 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 7400.11H, 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-456 [Removed] Paragraph 7001 Domestic Low Altitude Reporting Points. Mankato, MN [Removed] Issued in Washington, DC. Karen L. Chiodini, Acting Manager, Rules and Regulations Group. [FR Doc. 2023-20448 Filed 9-21-23; 8:45 am]