[Federal Register Volume 77, Number 173 (Thursday, September 6, 2012)]
[Proposed Rules]
[Pages 54860-54862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21827]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2012-0867; Airspace Docket No. 12-AGL-4]
RIN 2120-AA66
Proposed Modification of VOR Federal Airway V-170 in the Vicinity
of Devils Lake, ND
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This action proposes to modify VHF Omnidirectional Range (VOR)
Federal airway V-170 between Devils Lake, ND (DVL), and Jamestown, ND
(JMS). The FAA is proposing this action to ensure the airway provides
the necessary clearance from the western boundary of the newly
established restricted area R-5402, Devils Lake, ND, to support non-
radar separation requirements when the restricted area is active.
DATES: Comments must be received on or before October 22, 2012.
ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue SE.,
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001;
telephone: (202) 366-9826. You must identify FAA Docket No. FAA-2012-
0867 and Airspace Docket No. 12-AGL-4 at the beginning of your
comments. You may also submit comments through the Internet at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace Policy & ATC
Procedures Group, Office of Airspace Services, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone: (202) 267-8783.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers (FAA Docket No.
FAA-2012-0867 and Airspace Docket No. 12-AGL-4) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2012-0867 and Airspace Docket No. 12-AGL-4.'' The
postcard will be date/time stamped and returned to the commenter.
All communications received on or before the specified closing date
for
[[Page 54861]]
comments will be considered before taking action on the proposed rule.
The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.
Availability of NPRMs
An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov.
You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Central Service Center, Operations
Support Group, Federal Aviation Administration, 2601 Meacham Blvd.,
Fort Worth, TX 76137.
Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking, (202) 267-9677,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.
Background
The Minneapolis Air Route Traffic Control Center requested the
establishment of a new VOR Federal airway between DVL and JMS, west of
V-170, to provide necessary clearance from the western boundary of R-
5402, established for hazardous laser training activities, in support
of non-radar separation requirements. Their request proposed the new
airway use the DVL VOR 180[deg] (M) and JMS VOR 327[deg] (M) radials to
provide the required non-radar separation and airway clearance from R-
5402, regardless of the restricted area status, as well as 15 degrees
of separation from V-170. The Central Service Center (CSC) conducted a
feasibility review of the request and recommended amending the existing
V-170 airway between DVL and JMS instead of creating a new airway in
that area.
The Feasibility Review Panel considered potential impacts to flight
procedures, safety, environmental, air traffic control procedures, and
other pending en route or terminal actions in their review, and
determined that amending V-170 between DVL and JMS would be the best
alternative. They also determined that inserting a slight ``dogleg'' to
the west, in V-170 between DVL and JMS, would provide a non-radar
routing clear of R-5402 and allow nonparticipating aircraft below 8,000
feet MSL to have unimpeded transit between DVL and JMS.
This proposed action to amend V-170 is expected to ensure
availability of the airway between DVL and JMS regardless of restricted
area status with minimal impact to the aviation community.
The Proposal
The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 to modify V-170 between Devils Lake, ND,
and Jamestown, ND, by inserting a slight dogleg west of the current
location. This action is proposed as a result of the V-170 airway width
abeam R-5402 overlapping the western boundary of the recently
established R-5402 and to retain the availability of the navigation
route structure between DVL and JMS regardless of the activation status
of R-5402.
The FAA proposes using the DVL VOR 187[deg] (T)/180[deg] (M) and
JMS VOR 337[deg] (T)/327[deg] (M) radials to redefine the airway
segment and establish the FARRM fix at the intersection of the DVL VOR
187[deg] (T)/180[deg] (M) and JMS VOR 337[deg] (T)/327[deg] (M)
radials. The FARRM fix would be described as the intersection of those
navigation aid radials in the legal description. Specifically, the V-
170 description would be amended by replacing the ``Jamestown, ND;''
reference with ``INT Devils Lake 187[deg] (T)/180[deg] (M) and
Jamestown, ND, 337[deg] (T)/327[deg] (M) radials; Jamestown;''. The
magnetic radial information would be removed in the final rule. This
proposed modification to V-170 would add less than three nautical miles
to the existing airway segment, ensure availability of V-170 between
DVL and JMS regardless of the status of R-5402, reduce airspace
complexity in the area, and enhance flight safety.
VOR Federal airways are published in paragraph 6010(a) of FAA Order
7400.9V dated August 9, 2011 and effective September 15, 2011, which is
incorporated by reference in 14 CFR 71.1. The VOR Federal Airways
listed in this document would be subsequently published in the Order.
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.
Therefore, this proposed 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 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.
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 proposes to modify VOR Federal Airways in the vicinity of Devils
Lake, ND.
Environmental Review
This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``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
1. The authority citation for 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.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the FAA Order
7400.9V, Airspace Designations and Reporting
[[Page 54862]]
Points, dated August 9, 2011, and effective September 15, 2011, is
amended as follows:
Paragraph 6010(a) Domestic VOR Federal Airways
* * * * *
V-170 [Amended]
From Devils Lake, ND; INT Devils Lake 187[deg] (T)/180[deg] (M)
and Jamestown, ND, 337[deg] (T)/327[deg] (M) radials; Jamestown;
Aberdeen, SD; Sioux Falls, SD; Worthington, MN; Fairmont, MN;
Rochester, MN; Nodine, MN; Dells, WI; INT Dells 097[deg] and Badger,
WI, 304[deg] radials; Badger; INT Badger 121[deg] and Pullman, MI,
282[deg] radials; Pullman; Salem, MI. From Erie, PA; Bradford, PA;
Slate Run, PA; Selinsgrove, PA; Ravine, PA; INT Ravine 125[deg] and
Modena, PA, 318[deg] radials; Modena; Dupont, DE; INT Dupont
223[deg] and Andrews, MD, 060[deg] radials; to INT Andrews 060[deg]
and Baltimore, MD, 165[deg] radials. The airspace within R-5802 is
excluded.
Issued in Washington, DC, on August 28, 2012.
Gary A. Norek,
Manager, Airspace Policy & ATC Procedures Group.
[FR Doc. 2012-21827 Filed 9-5-12; 8:45 am]
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