[Federal Register Volume 76, Number 225 (Tuesday, November 22, 2011)]
[Rules and Regulations]
[Pages 72093-72094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29895]



Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-1016; Airspace Docket No. 11-ACE-6]
RIN 2120-AA66

Amendment of VOR Federal Airways V-81, V-89, and V-169 in the 
Vicinity of Chadron, NE

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.


SUMMARY: This action amends the legal description of the VHF 
omnidirectional range (VOR) Federal airways V-81, V-89, and V-169 in 
the vicinity of Chadron, Nebraska. The FAA is taking this action 
because the Chadron VOR distance measuring equipment (DME), included as 
part of the V-81, V-89, and V-169 route structure, is being renamed the 
Toadstool VOR/DME to avoid confusion with Chadron Airport that shares 
the same identifier.

DATES: Effective Dates: 0901 UTC, April 5, 2012. 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, Regulations 
and ATC Procedures Group, Office of Airspace Services, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591; 
telephone: (202) 267-8783.


The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 71 by amending the legal description of VOR Federal Airways V-81, 
V-89, and V-169, in the vicinity of Chadron, NE. Currently, V-81, V-89, 
and V-169 include the Chadron, NE, [VOR/DME] as part of their route 
structure. The Chadron VOR/DME and the Chadron Airport share the same 
name and identifier (CDR), but are located nineteen nautical miles 
apart. A navigation facility and airport having the same name and 
identifier causes frequent confusion to air traffic automation systems, 
as well as pilot/controller communications. To eliminate confusion, and 
a potential flight safety issue, the Chadron VOR/DME is renamed the 
Toadstool VOR/DME and assigned a new facility identifier (TST). All VOR 

[[Page 72094]]

airways with Chadron, NE, [VOR/DME] included in their legal description 
are amended to reflect the Toadstool, NE, [VOR/DME] name change. The 
name change of the VOR/DME will coincide with the effective date of 
this rule.
    Additionally, the exclusionary language in the V-169 legal 
description addressing the Devils Lake West Military Operations Area 
(MOA) has been simplified for clarity. No changes to the current 
operational use are expected to occur from this editorial amendment.
    Since this action merely involves editorial changes in the legal 
descriptions of VOR Federal airways, and does not involve a change in 
the dimensions or operating requirements of that airspace, notice and 
public procedures under 5 U.S.C. 553(b) are unnecessary.
    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 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 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 
    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 revises the legal description of four VOR Federal Airways in the 
vicinity of Chadron, NE.
    Domestic 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 domestic 
VOR Federal Airways listed in this document will be published 
subsequently in the Order.

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: Polices and Procedures, 
paragraph 311a. This airspace action is not expected to cause any 
potentially significant environmental impacts, and no extraordinary 
circumstances exist that warrant preparation of an environmental 

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:


1. The authority citation for 14 CFR part 71 continues to read as 

    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 Federal 
Aviation Administration Order 7400.9V, Airspace Designations and 
Reporting Points, dated August 9, 2011, and effective September 15, 
2011, is amended as follows:

    Paragraph 6010(a)--Domestic VOR Federal Airways
* * * * *

V-81 [Amended]

    From Chihuahua, Mexico; Marfa, TX; Fort Stockton, TX; Midland, 
TX; Lubbock, TX; Plainview, TX; Panhandle, TX; Dalhart, TX; Tobe, 
CO; Pueblo, CO; Black Forest, CO; Jeffco, CO; Cheyenne, WY; 
Scottsbluff, NE; to Toadstool, NE. The airspace outside the United 
States is excluded.
* * * * *

V-89 [Amended]

    From Gill, CO; INT Gill 003[deg] and Cheyenne, WY, 131[deg] 
radials; Cheyenne; to Toadstool, NE.
* * * * *

V-169 [Amended]

    From Tobe, CO; 69 MSL, Hugo, CO; 38 miles, 67MSL, Thurman, CO; 
Akron, CO; Sidney, NE; Scottsbluff, NE; Toadstool, NE; Rapid City, 
SD; Dupree, SD; Bismarck, ND; to Devils Lake, ND. The airspace 
within the Devils Lake West MOA is excluded when activated by NOTAM.
* * * * *

    Issued in Washington, DC on November 14, 2011.
Gary A. Norek,
Acting Manager, Airspace, Regulations and ATC Procedures Group.
[FR Doc. 2011-29895 Filed 11-21-11; 8:45 am]