[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]



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.


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.

Procedures Group, Office of Airspace Services, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591; 
telephone: (202) 267-8783.



    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 
    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 
    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 
    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:


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 
7400.9W, 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]