[Federal Register Volume 78, Number 6 (Wednesday, January 9, 2013)]
[Rules and Regulations]
[Pages 1751-1753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00288]
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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
Modification of VOR Federal Airway V-170 in the Vicinity of
Devils Lake, ND
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action modifies VHF Omnidirectional Range (VOR) Federal
airway V-170 between Devils Lake, ND (DVL), and Jamestown, ND (JMS).
The FAA is taking this action to ensure the airway between DVL and JMS
has 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: Effective date 0901 UTC, March 7, 2013. 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.
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:
History
On Thursday, September 6, 2012, the FAA published in the Federal
Register a notice of proposed rulemaking to amend VOR Federal airway V-
170 by inserting a slight ``dogleg,'' to the west, between DVL and JMS
to provide the required non-radar separation and airway clearance from
the newly established R-5402, Devils Lake, ND (77 FR 54860). Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. One comment was
received, which raised
[[Page 1752]]
two concerns and offered two alternative recommendations for
consideration.
The first concern was that the FAA was pursuing the proposed airway
modification to address a conflict with a newly established restricted
area (R-5402), which is activated by NOTAM only with no charted or
designated times of use.
The FAA does not agree. The rule establishing R-5402 listed the
time of designation as ``0700-2000 daily, by NOTAM 6-hours in advance;
other times by NOTAM.'' The time of designation for the restricted area
provides specified hours that reflect the core hours of when training
operations are expected to occur, supplemented with the requirement of
a NOTAM 6-hours prior to activation of the restricted area to provide
additional awareness to non-participating pilots. Additionally, the R-
5402 time of designation information is contained in the following
products: the IFR en route charts (L-13 and L-14); the FAA Notices to
Airmen Publication (NTAP), Part 4, Graphical Notices, Section 2,
Special Military Operation; the North Central U.S. Airport/Facility
Directory (AFD) as an Aeronautical Chart Bulletin (Twin Cities
Sectional section); and on the FAA's Special Use Airspace web page
(http://sua.faa.gov/sua/siteFrame.app). Lastly, the FAA placed a Safety
Alert notice of the new restricted area on the Aeronautical Navigation
Products' Web site and distributed the notice to customers that
subscribe to the Twin Cities Sectional Chart.
The second concern was that a modified V-170 airway segment would
result in greater track miles, regardless of the activation status of
R-5402. Furthermore, the commenter stated that if R-5402 is not
activated, non-participating pilots would be forced to request direct
routing between DVL and JMS in lieu of flying the dogleg and the
additional miles.
The FAA acknowledges that inserting a dogleg to V-170 between DVL-
JMS would increase the track miles flown, but it only adds three
nautical miles to the track distance. When the Minneapolis Air Route
Traffic Control Center performed the traffic analysis of R-5402 impacts
to V-170, it found that an average of four aircraft per day filed
Instrument Flight Rules (IFR) flight plans for the airway. The FAA
concluded that the restricted area's impact to V-170 to be minimal when
balanced against reducing system complexity, enhancing safety, and
maximizing airspace access to all users of the NAS. When R-5402 is not
scheduled for activation, pilots have the option to file direct DVL-
JMS, incurring no extra mileage. Additionally, pilots may also receive
in-flight updates as to the restricted area status, and proceed direct
DVL to JMS, if approved by air traffic control.
The commenter recommended that the FAA consider establishing a
global positioning system (GPS) waypoint that air traffic controllers
could use to clear IFR aircraft to in lieu of amending V-170.
Alternatively, the commenter offered that the FAA could establish a T-
route, in addition to V-170, that would maintain appropriate separation
from R-5402.
The FAA notes that amending V-170, as proposed, offers a standard
navigation capability today, independent of aircraft equipage, and
provides the greatest airspace access between DVL and JMS to the
largest number of users. While eventually there may be airspace and
navigational service upgrades to this part of the country, such changes
should occur as part of comprehensive, structured process and plan. For
now, the greatest level of safety and efficiency in the vicinity of
this area that has poor low altitude radar coverage and known winter
weather hazards, is to modify the existing airway.
The Rule
This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by modifying V-170 between Devils Lake, ND, and Jamestown, ND,
due to the airway overlapping the western boundary of R-5402 when it is
active.
To retain the availability of the navigation route structure
between DVL and JMS, V-170 is modified by replacing the existing airway
segment with a new segment containing a slight dogleg extending
westward of the current location. The DVL VOR 187[deg] and JMS VOR
337[deg] radials redefine the new airway segment and establish the
FARRM fix at the intersection of the radials. The FARRM fix is
described as the intersection of those navigation aid radials in the
legal description.
Specifically, the V-170 description is amended by replacing the
``Jamestown, ND;'' reference with ``INT Devils Lake 187[deg] and
Jamestown, ND, 337[deg] radials; Jamestown.'' This modification to V-
170 adds less than three nautical miles to the existing airway segment,
ensures availability of V-170 between DVL and JMS regardless of the
status of R-5402, reduces airspace complexity in the area, and enhances
flight safety.
VOR Federal airways are published in paragraph 6010(a) 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 would be subsequently published 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
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 modifies a VOR Federal airway in the vicinity of Devils Lake, ND.
Environmental Review
The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, Environmental Impacts: Policies and Procedures,
paragraph 311a. This airspace action consist of a modification of an
existing airway and 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).
[[Page 1753]]
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
0
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]
0
2. The incorporation by reference in 14 CFR 71.1 of the FAA Order
7400.9W, Airspace Designations and Reporting Points, dated August 8,
2012, and effective September 15, 2012, is amended as follows:
Paragraph 6010(a)--Domestic VOR Federal Airways
* * * * *
V-170 [Amended]
From Devils Lake, ND; INT Devils Lake 187[deg] and Jamestown,
ND, 337[deg] 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 December 6, 2012.
Gary A. Norek,
Manager, Airspace Policy & ATC Procedures Group.
[FR Doc. 2013-00288 Filed 1-7-13; 11:15 am]
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