[Federal Register Volume 78, Number 119 (Thursday, June 20, 2013)]
[Rules and Regulations]
[Pages 37103-37104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14657]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2013-0484; Airspace Docket No. 13-AGL-16]
RIN 2120-AA66
Amendment of VOR Federal Airways V-55 and V-169 in Eastern North
Dakota
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule, technical amendment.
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SUMMARY: This action amends VHF Omnidirectional Range (VOR) Federal
airways V-55 and V-169 in eastern North Dakota. The FAA is taking this
action to amend the airway descriptions contained in Part 71 by
removing reference to special use airspace (SUA) exclusionary language
no longer needed.
DATES: Effective date 0901 UTC, August 22, 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 and ATC
Procedures Group, Office of Mission Support Services, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone: (202) 267-8783.
SUPPLEMENTARY INFORMATION:
History
In 1979, the FAA took action to amend VOR Federal airways V-55 (44
FR 43714, July 26, 1979) and V-169 (44 FR 24543, April 26, 1979) by
adding airway segments that extended the airways through the Devils
Lake East and Devils Lake West Military Operations Areas (MOAs). The
amendments extended V-55 westward by adding an airway segment from
Grand Forks, ND, to Bismarck, ND, through the existing Devils Lake East
MOA and extended V-169 northward by adding an airway segment from
Bismarck, ND, to Devils Lake, ND, through the Devils Lake West MOA. At
that time, the Devils Lake East MOA existed from 3,500 feet mean sea
level (MSL) to 10,000 feet MSL and the Devils Lake West MOA existed
from 4,000 feet MSL to 10,000 feet MSL. As part of the amendment
actions to V-55 and V-169, the airway descriptions excluded the
airspace contained within the associated MOA lateral boundary and
altitudes from the affected airway.
In 1980, the FAA circularized a proposal to change the boundary
between the Devils Lake East and Devils Lake West MOAs and to raise the
ceiling of the Devils Lake East MOA from 10,000 feet MSL to a ceiling
of to, but not including, flight level (FL) 180. Within the proposed
Devils Lake East MOA, V-55 would be available for non-participating
aircraft either at 11,000 feet and above during low level intercept
training (3,500 feet MSL to 10,000 feet MSL) or at 9,000 feet MSL and
below during Basic Fighter Maneuvers (BFM) training (10,000 feet MSL
and above) being conducted by the military. In 1981, the proposed
action was approved and the MOAs amended accordingly; unfortunately, no
action was taken with respect to the existing exclusionary language
contained in the V-55 description under Part 71 when the Devils Lake
East MOA was raised.
In 1987, the FAA circularized a similar proposal to raise the
ceiling of the Devils Lake West MOA from 10,000 feet MSL to a ceiling
of to, but not including, FL 180. The proposed action was approved in
the same year and the MOA ceiling was amended accordingly. Again, no
action was taken with respect to the existing exclusionary language
contained in the V-169 description under Part 71 when the Devils Lake
West MOA ceiling was raised.
The FAA notes there are numerous MOAs throughout the National
Airspace System (NAS) that have VOR Federal airways charted through
them, with no exclusionary language contained in those airway
descriptions. In fact, the Devils Lake East MOA has three VOR Federal
airways that extend through it, but only V-55 contains exclusionary
language relative to the MOA. It is standard procedure for air traffic
control (ATC) to re-route instrument flight rules (IFR) aircraft
operating on Federal airways when the airway lies within an active MOA
and IFR separation from
[[Page 37104]]
military activity in the MOA cannot be provided by ATC. The guidance
describing this procedure is published in FAA Order 7110.65, Air
Traffic Control, and the Aeronautical Information Manual for controller
and pilot awareness, respectively. Additionally, although pilots
operating under visual flight rules (VFR) should exercise extreme
caution while flying within a MOA when military activity is being
conducted, MOAs are not restrictive to VFR aircraft, which opt to fly
the same routing as a VOR Federal airway, at VFR altitudes, through an
active MOA. Removing the SUA exclusionary language contained in the V-
55 and V-169 legal descriptions, which is redundant to existing ATC
procedures does not affect the operational use or services provided by
ATC to aircraft operating on the airways.
Accordingly, since this amendment is administrative in nature,
having no impact to the operational use or ATC services provided to
pilots flying on V-55 and V-169, 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 part 71 by
amending the legal descriptions of VOR Federal airways V-55 and V-169
in the vicinity of Devils Lake, ND. Specifically, the FAA amends the V-
55 description by removing the exclusionary language associated with
the Devils Lake East MOA and amends the V-169 description by removing
the exclusionary language associated with the Devils Lake West MOA.
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 airways
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 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.
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 existing VOR Federal airways 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
0
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.
Sec. 71.1 [Amended]
0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9W,
Airspace Designations and Reporting Points, dated August 8, 2012, and
effective September 15, 2012, is amended as follows:
Paragraph 6010 VOR Federal Airways.
(a) Domestic VOR Federal airways.
* * * * *
V-55
From Dayton, OH; Fort Wayne, IN; Goshen, IN; Gipper, MI; Keeler,
MI; Pullman, MI; Muskegon, MI; INT Muskegon 327[deg] and Green Bay,
WI, 116[deg] radials; Green Bay; Stevens Point, WI; INT Stevens
Point 281[deg] and Eau Claire, WI, 107[deg] radials; Eau Claire;
Siren, WI; Brainerd, MN; Park Rapids, MN; Grand Forks, ND; INT Grand
Forks 239[deg] and Bismarck, ND, 067[deg] radials; to Bismarck.
* * * * *
V-169
From Tobe, CO; 69 MSL, Hugo, CO; 38 miles, 67 MSL, Thurman, CO;
Akron, CO; Sidney, NE; Scottsbluff, NE; Toadstool, NE; Rapid City,
SD; Dupree, SD; Bismarck, ND; to Devils Lake, ND.
Issued in Washington, DC, June 13, 2013.
Gary A. Norek,
Manager, Airspace Policy and ATC Procedures Group.
[FR Doc. 2013-14657 Filed 6-19-13; 8:45 am]
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