Federal Register / Vol. 85, No. 238 / Thursday, December 10, 2020 / Rules and Regulations 79425 

* * * * * 

Issued in Washington, DC, on December 3, 

2020. 

George Gonzalez, 

Acting Manager, Rules and Regulations 

Group. 

[FR Doc. 2020–26919 Filed 12–9–20; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2020–0654; Airspace 

Docket No. 20–ASO–17] 

RIN 2120–AA66 

Amendment of V–53, V–115, V–140, T– 

215, and T–323, and Revocation of V– 

339 in the Vicinity of Hazard, KY 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends VHF 

Omnidirectional Range (VOR) Federal 

airways V–53, V–115, and V–140, and 

Area Navigation (RNAV) T-routes T–215 

and T–323; and removes VOR Federal 

airway V–339 in the vicinity of Hazard, 

KY. The Air Traffic Service (ATS) route 

modifications are necessary due to the 

planned decommissioning of the VOR 

portion of the Hazard, KY, VOR/ 

Distance Measuring Equipment (VOR/ 

DME) navigation aid (NAVAID) which 

provides navigation guidance for 

portions of the affected ATS routes. The 

Hazard VOR is being decommissioned 

as part of the FAA’s VOR Minimum 

Operational Network (MON) program. 

DATES: Effective date 0901 UTC, 

February 25, 2021. The Director of the 

Federal Register approves this 

incorporation by reference action under 

Title 1 Code of Federal Regulations part 

51, subject to the annual revision of 

FAA Order 7400.11 and publication of 

conforming amendments. 

ADDRESSES: FAA Order 7400.11E, 

Airspace Designations and Reporting 

Points, and subsequent amendments can 

be viewed online at https://

www.faa.gov/air_traffic/publications/. 

For further information, you can contact 

the Rules and Regulations Group, 

Federal Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; telephone: (202) 267–8783. 

The Order is also available for 

inspection at the National Archives and 

Records Administration (NARA). For 

information on the availability of FAA 

Order 7400.11E at NARA, email: 

fedreg.legal@nara.gov or go to https://

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

FOR FURTHER INFORMATION CONTACT: 

Colby Abbott, Rules and Regulations 

Group, Office of Policy, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

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 the 

route structure as necessary to preserve 

the safe and efficient flow of air traffic 

within the National Airspace System. 

History 

The FAA published a notice of 

proposed rulemaking for Docket No. 

FAA–2020–0654 in the Federal Register 

(85 FR 44801; July 24, 2020), amending 

VOR Federal airways V–53, V–115, and 

V–140, and RNAV T-routes T–215 and 

T–323; and removing VOR Federal 

airway V–339 in the vicinity of Hazard, 

KY. The proposed amendment and 

revocation actions were due to the 

planned decommissioning of the VOR 

portion of the Hazard, KY, VOR/DME. 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal. No comments were received. 

VOR Federal airways are published in 

paragraph 6010(a) and RNAV T-routes 

are published in paragraph 6011 of FAA 

Order 7400.11E dated July 21, 2020, and 

effective September 15, 2020, which is 

incorporated by reference in 14 CFR 

71.1. The VOR Federal airways listed in 

this document will be subsequently 

published in the Order. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document amends FAA Order 

7400.11E, Airspace Designations and 

Reporting Points, dated July 21, 2020, 

and effective September 15, 2020. FAA 

Order 7400.11E is publicly available as 

listed in the ADDRESSES section of this 

document. FAA Order 7400.11E lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

The Rule 

The FAA is amending Title 14 Code 

of Federal Regulations (14 CFR) part 71 

by modifying VOR Federal airways V– 

53, V–115, and V–140, and RNAV 

routes T–215 and T–323; and removing 

VOR Federal airway V–339. The 

planned decommissioning of the VOR 

portion of the Hazard, KY, VOR/DME 

NAVAID has made this action 

necessary. The VOR Federal airway 

changes are outlined below. 

V–53: V–53 extends between the 

Charleston, SC, VOR/Tactical Air 

Navigation (VORTAC) and the 

Brickyard, IN, VOR/DME. The airspace 

within R–3401B is excluded. The 

airway segment overlying the Hazard, 

KY, VOR/DME between the Holston 

Mountain, TN, VORTAC and the 

Lexington, KY, VOR/DME is removed. 

The unaffected portions of the existing 

airway remain as charted. 

V–115: V–115 extends between the 

Crestview, FL, VORTAC and the 

Parkersburg, WV, VORTAC. The airway 

segment overlying the Hazard, KY, 

VOR/DME between the Volunteer, TN, 

VORTAC and the Charleston, WV, 

VORTAC is removed. The unaffected 

portions of the existing airway remain 

as charted. 

V–140: V–140 extends between the 

Panhandle, TX, VORTAC and the 

Casanova, VA, VORTAC. The airway 

segment overlying the Hazard, KY, 

VOR/DME between the London, KY, 

VOR/DME and the Bluefield, WV, VOR/ 

DME is removed. The unaffected 

portions of the existing airway remain 

as charted. 

V–339: V–339 extends between the 

Hazard, KY, VOR/DME and the 

Falmouth, KY, VOR/DME. The airway is 

removed in its entirety. 

The RNAV T-route changes are 

outlined below. 

T–215: T–215 extends between the 

Lexington, KY, VOR/DME and the 

GAMKE, IN, waypoint (WP). The route 

is extended southeastward from the 

Lexington, KY, VOR/DME to the 

Holston Mountain, TN, VORTAC. 

Additionally, the type of facility for 

Lexington, KY, is corrected from 

‘‘VORTAC’’ to ‘‘VOR/DME’’ and the 

geographic coordinates of each route 

point are updated to be expressed in 

degrees, minutes, seconds, and 

hundredths of a second. 

T–323: T–323 extends between the 

CROCS, GA, WP and the HIGGI, NC, 

WP. The route is extended northward 

from the HIGGI, NC, WP to the Hazard, 

KY, DME. Additionally, the geographic 


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79426 Federal Register / Vol. 85, No. 238 / Thursday, December 10, 2020 / Rules and Regulations 

coordinates of each route point are 

updated to be expressed in degrees, 

minutes, seconds, and hundredths of a 

second. 

All NAVAID radials in the VOR 

Federal airway descriptions below are 

unchanged and stated in True degrees. 

FAA Order 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

Regulatory Notices and Analyses 

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. It, therefore: (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 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. 

Environmental Review 

The FAA has determined that this 

action of amending VOR Federal 

airways V–53, V–115, and V–140, and 

RNAV routes T–215 and T–323; and 

removing VOR Federal airway V–339, 

due to the planned decommissioning of 

the VOR portion of the Hazard, KY, 

VOR/DME NAVAID, qualifies for 

categorical exclusion under the National 

Environmental Policy Act and its 

implementing regulations at 40 CFR part 

1500, and in accordance with FAA 

Order 1050.1F, Environmental Impacts: 

Policies and Procedures, paragraph 5– 

6.5a, which categorically excludes from 

further environmental impact review 

rulemaking actions that designate or 

modify classes of airspace areas, 

airways, routes, and reporting points 

(see 14 CFR part 71, Designation of 

Class A, B, C, D, and E Airspace Areas; 

Air Traffic Service Routes; and 

Reporting Points). As such, this action 

is not expected to result in any 

potentially significant environmental 

impacts. In accordance with FAA Order 

1050.1F, paragraph 5–2 regarding 

Extraordinary Circumstances, the FAA 

has reviewed this action for factors and 

circumstances in which a normally 

categorically excluded action may have 

a significant environmental impact 

requiring further analysis. The FAA has 

determined that no extraordinary 

circumstances exist that warrant 

preparation of an environmental 

assessment or environmental impact 

study. 

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 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.11E, 

Airspace Designations and Reporting 

Points, dated July 21, 2020, and 

effective September 15, 2020, is 

amended as follows: 

Paragraph 6010(a) Domestic VOR Federal 

Airways. 

* * * * * 

V–53 [Amended] 

From Charleston, SC; Columbia, SC; 

Spartanburg, SC; Sugarloaf Mountain, NC; to 

Holston Mountain, TN. From Lexington, KY; 

Louisville, KY; INT Louisville 333° and 

Brickyard, IN, 170° radials; to Brickyard. The 

airspace within R–3401B is excluded. 

* * * * * 

V–115 [Amended] 

From Crestview, FL; INT Crestview 001° 

and Montgomery, AL, 204° radials; 

Montgomery; INT Montgomery 323° and 

Vulcan, AL, 177° radials; Vulcan; Choo Choo, 

TN; to Volunteer, TN. From Charleston, WV; 

to Parkersburg, WV. 

* * * * * 

V–140 [Amended] 

From Panhandle, TX; Burns Flat, OK; 

Kingfisher, OK; INT Kingfisher 072° and 

Tulsa, OK, 261° radials; Tulsa; Razorback, 

AR; Harrison, AR; Walnut Ridge, AR; 

Dyersburg, TN; Nashville, TN; Livingston, 

TN; to London, KY. From Bluefield, WV; INT 

Bluefield 071° and Montebello, VA, 250° 

radials; Montebello; to Casanova, VA. 

* * * * * 

V–339 [Removed] 

* * * * * 

6011. United States Area Navigation Routes. 

* * * * * 

T–215 Holston Mountain, TN (HMV) to GAMKE, IN [Amended] 

Holston Mountain, TN (HMV) VORTAC (Lat. 36°26′13.40′′ N, long. 082°07′46.56′′ W) 

HILTO, VA WP (Lat. 36°41′48.46′′ N, long. 082°26′07.44′′ W) 

FLENR, VA WP (Lat. 36°56′44.27′′ N, long. 082°43′42.75′′ W) 

RISTE, KY WP (Lat. 37°09′02.92′′ N, long. 082°58′24.38′′ W) 

Hazard, KY (AZQ) DME (Lat. 37°23′28.52′′ N, long. 083°15′46.83′′ W) 

HUGEN, KY FIX (Lat. 37°31′46.14′′ N, long. 083°32′58.54′′ W) 

Lexington, KY (HYK) VOR/DME (Lat. 37°57′58.86′′ N, long. 084°28′21.06′′ W) 

GAMKE, IN WP (Lat. 38°46′12.99′′ N, long. 085°14′35.37′′ W) 

*******

T–323 CROCS, GA to Hazard, KY (AZQ) [Amended] 

CROCS, GA WP (Lat. 32°27′17.69′′ N, long. 082°46′29.06′′ W) 

BOBBR, GA WP (Lat. 33°19′57.07′′ N, long. 083°08′19.47′′ W) 

BIGNN, GA WP (Lat. 34°20′34.38′′ N, long. 083°33′06.80′′ W) 

ZPPLN, NC WP (Lat. 34°59′47.42′′ N, long. 083°49′37.73′′ W) 

HIGGI, NC WP (Lat. 35°26′46.57′′ N, long. 083°46′41.05′′ W) 

KIDBE, TN WP (Lat. 35°51′16.23′′ N, long. 083°40′19.66′′ W) 

ZADOT, TN WP (Lat. 36°35′32.17′′ N, long. 083°28′40.09′′ W) 

WELLA, KY WP (Lat. 37°02′15.68′′ N, long. 083°21′31.07′′ W) 

Hazard, KY (AZQ) DME (Lat. 37°23′28.52′′ N, long. 083°15′46.83′′ W) 


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Federal Register / Vol. 85, No. 238 / Thursday, December 10, 2020 / Rules and Regulations 79427 

* * * * * 

Issued in Washington, DC, on December 3, 

2020. 

George Gonzalez, 

Acting Manager, Rules and Regulations 

Group. 

[FR Doc. 2020–26920 Filed 12–9–20; 8:45 am] 

BILLING CODE 4910–13–P 

UNITED STATES AGENCY FOR 

GLOBAL MEDIA 

22 CFR Chapter V 

RIN 3112–AA03 

Repeal of Regulation Entitled Firewall 

and Highest Standards of Professional 

Journalism 

AGENCY: United States Agency for 

Global Media (formerly Broadcasting 

Board of Governors). 

ACTION: Final rule. 

SUMMARY: The United States Agency for 

Global Media (formerly known as the 

Broadcasting Board of Governors) is 

repealing the regulation entitled 

‘‘Firewall and Highest Standards of 

Professional Journalism’’ published on 

June 15, 2020. 

DATES: This rule is effective without 

actual notice as of December 10, 2020. 

For the purposes of enforcement, actual 

notice will be used as of October 26, 

2020. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Rosenholtz at Rule_Comments@

usagm.gov or (202) 920–2342. 

SUPPLEMENTARY INFORMATION: 

Background 

The United States Agency for Global 

Media (‘‘USAGM’’) is an agency of the 

Federal Government that exercises 

authority over non-military United 

States government broadcasting. 

USAGM, which was created by the 

International Broadcasting Act of 1994 

under a different name, currently 

operates five networks—Voice of 

America (‘‘VOA’’), the Office of Cuba 

Broadcasting (‘‘OCB’’), Radio Free 

Europe/Radio Liberty (‘‘RFE/RL’’), 

Radio Free Asia (‘‘RFA’’) and the 

Middle East Broadcasting Networks 

(‘‘MBN’’) (collectively the ‘‘USAGM 

Networks’’ or ‘‘Networks’’). 

On June 4, 2020, the Broadcasting 

Board of Governors (‘‘BBG’’), USAGM’s 

leadership at the time, promulgated a 

regulation governing internal agency 

operations, Firewall and Highest 

Standards of Professional Journalism, 

85 FR 36150 (June 15, 2020) (codified at 

22 CFR part 531) (the ‘‘Regulation’’) that 

purported to implement section 305(b) 

of International Broadcasting Act 

(‘‘IBA’’) (22 U.S.C. 6204(b)). 

The Regulation was promulgated only 

when it became apparent that the 

leadership of USAGM was about to 

change via Senate confirmation of a 

USAGM Chief Executive Officer 

(‘‘CEO’’). See Firewall and Highest 

Standards of Professional Journalism, 

85 FR at 36150 (expressly identifying 

the pending end of the Board’s tenure as 

the motivating factor for the timing and 

issuance of the Regulation). Senate 

confirmation of a CEO caused the BBG 

to dissolve, and transferred all of its 

powers to the CEO. See 22 U.S.C. 

6203(b)(1). 

At its core, the Regulation asserts that 

‘‘a firewall exists between anybody 

involved with any aspect of journalism 

(e.g., the creation, editing, reporting, 

distributing, etc., of content) and 

everyone else in the organization,’’ and 

that this former Board-preferred policy 

is violated when anyone outside of the 

‘‘newsroom’’ ‘‘attempts to direct, 

pressure, coerce, threaten, interfere 

with, or otherwise impermissibly 

influence any of the USAGM Networks, 

including their leadership, officers, 

employees, or staff, in the performance 

of their journalistic and broadcasting 

duties and activities.’’ 22 CFR 531.3(b), 

(c). This regulatory instruction by its 

terms suggests USAGM is a typical 

broadcasting organization, which 

squarely contradicts USAGM’s statutory 

mandate to promote particular United 

States values and interests. See, e.g., 22 

U.S.C. 6202(a)(1)–(2) (mandating that 

United States international broadcasting 

be consistent with United States foreign 

policy objectives, international 

telecommunications policies, and 

United States treaty obligations); id. 

Section 6202(a)(8) (mandating the 

promotion of ‘‘respect for human rights, 

including freedom of religion’’). Unlike 

private broadcasting organizations, the 

mission of USAGM from its statutory 

origins has been to support United 

States foreign policy goals by furthering 

American values and facilitating the 

dissemination of objectively accurate 

factual news and information overseas. 

See United States Information and 

Educational Exchange Act of 1948, 

Public Law 80–402, section 2, 62 Stat. 

6, 6 (1948); see also, e.g., id. section 

6201(2) (noting that the values furthered 

by the agency such as the ‘‘[o]pen 

communication of information and 

ideas among the peoples of the world,’’ 

further international peace and stability, 

and serve ‘‘the interests of the United 

States’’); id. section 6202(a)(1), (3) 

(requiring United States broadcasting to 

‘‘be consistent with the broad foreign 

policy objectives of the United States’’ 

and with United States treaty 

obligations); id. section 6202(b)(1), (3) 

(mandating that United States 

international broadcasting include 

‘‘news which is consistently reliable 

and authoritative, accurate, objective, 

and comprehensive’’ and constitutes a 

‘‘clear and effective presentation of the 

policies of the United States 

Government and responsible discussion 

and opinion on those policies’’); id. 

section 6202(b)(4) (requiring United 

States international broadcasting to 

include ‘‘the capability to provide a 

surge capacity to support United States 

foreign policy objectives during crises 

abroad’’). 

Upon taking office, the CEO directed 

a review of the Regulation and sought 

external legal counsel. 

The Regulation is hereby repealed. 

I. There Is Tension Between the 

Regulation on the One Hand, and 

USAGM’s Statutory Mission and 

Article II of the Constitution on the 

Other 

A. USAGM’s Statutory Mission 

Since United States international 

broadcasting was first codified in 1948, 

the statutory objective was—and still 

is—‘‘to enable the Government of the 

United States to promote a better 

understanding of the United States in 

other countries . . . [including by] an 

information service to disseminate 

abroad information about the United 

States, its people, and policies . . . .’’ 

United States Information and 

Educational Exchange Act of 1948, 

Public Law 80–402, section 2, 62 Stat. 

6, 6 (1948) (codified at 22 U.S.C. 1431). 

When VOA was codified in statute in 

1976, Congress made clear that VOA’s 

purpose was to serve American interests 

abroad. VOA was to ‘‘communicat[e] 

directly with the peoples of the world 

by radio’’ to serve the ‘‘long-range 

interests of the United States’’ as 

governed by enumerated principles 

which have been codified in the VOA 

Charter. ‘‘VOA will serve as a 

consistently reliable and authoritative 

source of news [that is] accurate, 

objective, and comprehensive’’; 

‘‘represent America . . . and . . . 

present a balanced and comprehensive 

projection of significant American 

thought’’; and ‘‘present the policies of 

the United States clearly and effectively, 

and . . . present responsible discussion 

and opinion on these policies.’’ Foreign 

Relations Authorization Act, FY 1977, 

Public Law 94–350, section 206, 90 Stat. 

823, 831–32 (1976). 

The current statutory mission of 

USAGM is to serve United States 

interests through Government 


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