[Federal Register Volume 78, Number 119 (Thursday, June 20, 2013)]
[Rules and Regulations]
[Pages 37103-37104]
From the Federal Register Online via the Government Printing 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]
BILLING CODE 4910-13-P