[Federal Register Volume 86, Number 45 (Wednesday, March 10, 2021)]
[Rules and Regulations]
[Pages 13642-13644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04851]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0923; Airspace Docket No. 20-AEA-18]
RIN 2120-AA66


Amendment, Establishment, and Revocation of Multiple Air Traffic 
Service (ATS) Routes in the Vicinity of Henderson, WV

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Jet Route J-134, Area Navigation (RNAV) 
route Q-67, and VHF Omnidirectional Range (VOR) Federal airways V-45 
and V-119; establishes RNAV route Q-176; and removes Jet Route J-91 and 
VOR Federal airway V-174 in the vicinity of Henderson, WV. The Air 
Traffic Service (ATS) route modifications are necessary due to the 
planned decommissioning of the VOR portion of the Henderson, WV, VOR/
Tactical Air Navigation (VORTAC) navigation aid (NAVAID). The Henderson 
VORTAC provides navigation guidance for portions of the affected air 
traffic service (ATS) routes and the VOR portion is being 
decommissioned as part of the FAA's VOR Minimum Operational Network 
(MON) program.

DATES: Effective date 0901 UTC, June 17, 2021. 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 7400.11 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: 
<a href="/cdn-cgi/l/email-protection#95f3f0f1e7f0f2bbf9f0f2f4f9d5fbf4e7f4bbf2fae3"><span class="__cf_email__" data-cfemail="533536372136347d3f3634323f133d3221327d343c25">[email protected]</span></a> 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 (NPRM) for Docket 
No. FAA-2020-0923 in the Federal Register (85 FR 70093; November 4, 
2020), to amend Jet Route J-134, RNAV route Q-67, and VOR Federal 
airways V-45 and V-119; establish RNAV route Q-176; and remove Jet 
Route J-91 and VOR Federal airway V-174 in the vicinity of Henderson, 
WV. The proposed amendment, establishment, and revocation actions were 
due to the planned decommissioning of the VOR portion of the Henderson, 
WV, VORTAC NAVAID. Interested parties were invited to participate in 
this rulemaking effort by submitting written comments on the proposal. 
No comments were received.
    Subsequent to the NPRM, the Office of the Federal Register 
published a NPRM correction for Docket No. FAA-2020-0923 in the Federal 
Register (85 FR 71293; November 9, 2020), correcting the RNAV route 
formatting for the Q-67 and Q-176 descriptions in the regulatory text 
and also adding the missing ``Paragraph 6010(a) Domestic VOR Federal 
Airways'' heading between the RNAV route Q-176 and VOR Federal airway 
V-45 descriptions in the regulatory text. The correct RNAV route 
formatting and Domestic VOR Federal Airways heading are included in the 
regulatory text in this rule.
    Additionally, subsequent to the NPRM, the FAA published a rule for 
Docket No. FAA-2020-0709 in the Federal Register (85 FR 79117; December 
9, 2020), amending VOR Federal airway V-119 by removing the airway 
segment overlying the Clarion, PA, VOR/Distance Measuring Equipment 
(VOR/DME) between the Indian Head, PA, VORTAC and the Clarion, PA, VOR/
DME. That airway amendment, effective February 25, 2021, is included in 
this rule.
    Lastly, the state reference for the Henderson, WV, VORTAC was 
incorrectly listed as Kentucky (KY) in the Proposal section of the NPRM 
for Jet Routes J-91 and J-134. The correct state is WV and this action 
corrects those errors.
    Jet Routes are published in paragraph 2004, United States RNAV Q-
routes are published in paragraph 2006, and VOR Federal airways are 
published in paragraph 6010(a) 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 ATS routes listed in this document will 
be published subsequently in the Order.

[[Page 13643]]

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 14 CFR part 71 by modifying Jet Route J-134, 
RNAV route Q-67, and VOR Federal airways V-45 and V-119; establishing 
RNAV route Q-176; and removing Jet Route J-91 and VOR Federal airway V-
174. The planned decommissioning of the VOR portion of the Henderson, 
WV, VORTAC has made this action necessary.
    The Jet Route changes are outlined below.
    J-91: J-91 extends between the Volunteer, TN, VORTAC and the 
Henderson, WV, VORTAC. The route is removed in its entirety.
    J-134: J-134 extends between the Los Angeles, CA, VORTAC and the 
Linden, VA, VORTAC. The airway segment overlying the Henderson, WV, 
VORTAC between the Falmouth, KY, VOR/DME and the Linden, VA, VORTAC is 
removed. The unaffected portions of the existing route remain as 
charted.
    The RNAV route changes are outlined below.
    Q-67: Q-67 extends between the SMTTH, TN, waypoint (WP) and the 
DARYN, WV, WP. The route end point is changed from the DARYN, WV, WP to 
the Henderson, WV, DME (located approximately 1 nautical mile southwest 
of the DARYN WP), and the number of route points listed in the 
description are reduced while retaining the route as charted. 
Additionally, the TONIO, KY, fix, which is being retained in the route 
description, is changed to reflect the fix as a WP. The route will 
continue to provide RNAV routing capability from the Knoxville, TN, 
area northeastward to the Henderson, WV, area.
    Q-176: Q-176 is a new route that extends between the Cimarron, NM, 
VORTAC and the OTTTO, VA, WP. This RNAV route mitigates the loss of the 
J-134 route segment between the Falmouth, KY, VOR/DME and the Linden, 
VA, VORTAC and is a direct overlay of the existing J-134. Additionally, 
it provides RNAV routing capability from the Cimarron, NM, area 
eastward to the Front Royal, VA, area.
    The VOR Federal airway changes are outlined below.
    V-45: V-45 extends between the New Bern, NC, VOR/DME and the 
Appleton, OH, VORTAC; and between the Saginaw, MI, VOR/DME and the 
Sault Ste. Marie, MI, VOR/DME. The airway segment overlying the 
Henderson, WV, VORTAC between the Charleston, WV, VOR/DME and the 
Appleton, OH, VORTAC is removed. The unaffected portions of the 
existing airway remain as charted.
    V-119: V-119 extends between the Henderson, WV, VORTAC and the 
Indian Head, PA, VORTAC. The airway segment overlying the Henderson, 
WV, VORTAC between the Henderson, WV, VORTAC and the Parkersburg, WV, 
VOR/DME is removed. The unaffected portions of the existing airway 
remain as charted.
    V-174: V-174 extends between the York, KY, VORTAC and the Elkins, 
WV, VORTAC. The airway is removed in its entirety.
    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 modifying Jet Route J-
134, RNAV route Q-67, and VOR Federal airways V-45 and V-119; 
establishing RNAV route Q-176; and removing Jet Route J-91 and VOR 
Federal airway V-174, due to the planned decommissioning of the VOR 
portion of the Henderson, WV, VORTAC NAVAID, qualifies for categorical 
exclusion under the National Environmental Policy Act (42 U.S.C. 4321et 
seq) 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).

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 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.


Sec.  71.1   [Amended]

0
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 2004 Jet Routes.

* * * * *

J-91 [Removed]

* * * * *

J-134 [Amended]

    From Los Angeles, CA; Seal Beach, CA; Thermal, CA; Parker, CA; 
Drake, AZ; Gallup, NM; Cimarron, NM; Liberal, KS; Wichita, KS; 
Butler, MO; St Louis, MO; to Falmouth, KY.
* * * * *

[[Page 13644]]

Paragraph 2006 United States Area Navigation Routes.

* * * * *

Q-67 SMTTH, TN to Henderson, WV (HNN) [Amended]
 
SMTTH, TN                       WP                 (Lat. 35[deg]54'41.57'' N, long. 084[deg]00'19.74'' W)
TONIO, KY                       WP                 (Lat. 37[deg]15'15.20'' N, long. 083[deg]01'47.53'' W)
Henderson, WV (HNN)             DME                (Lat. 38[deg]45'14.85'' N, long. 082[deg]01'34.20'' W)
 
                                                  * * * * * * *
Q-176 Cimarron, NM (CIM) to OTTTO, VA [New]
 
Cimarron, NM (CIM)              VORTAC             (Lat. 36[deg]29'29.03'' N, long. 104[deg]52'19.20'' W)
KENTO, NM                       WP                 (Lat. 36[deg]44'19.10'' N, long. 103[deg]05'57.13'' W)
Liberal, KS (LBL)               VORTAC             (Lat. 37[deg]02'39.82'' N, long. 100[deg]58'16.31'' W)
Wichita, KS (ICT)               VORTAC             (Lat. 37[deg]44'42.92'' N, long. 097[deg]35'01.79'' W)
Butler, MO (BUM)                VORTAC             (Lat. 38[deg]16'19.49'' N, long. 094[deg]29'17.74'' W)
St Louis, MO (STL)              VORTAC             (Lat. 38[deg]51'38.48'' N, long. 090[deg]28'56.52'' W)
GBEES, IN                       FIX                (Lat. 38[deg]41'54.72'' N, long. 085[deg]10'13.03'' W)
BICKS, KY                       WP                 (Lat. 38[deg]38'29.92'' N, long. 084[deg]25'20.82'' W)
Henderson, WV (HNN)             DME                (Lat. 38[deg]45'14.85'' N, long. 082[deg]01'34.20'' W)
OTTTO, VA                       WP                 (Lat. 38[deg]51'15.81'' N, long. 078[deg]12'20.01'' W)
 

* * * * *

Paragraph 6010(a) Domestic VOR Federal Airways.

* * * * *

V-45 [Amended]

    From New Bern, NC; Kinston, NC; Raleigh-Durham, NC; INT Raleigh-
Durham 275[deg] and Greensboro, NC, 105[deg] radials; Greensboro; 
INT Greensboro 334[deg] and Pulaski, VA, 147[deg] radials; Pulaski; 
Bluefield, WV; to Charleston, WV. From Saginaw, MI; Alpena, MI; to 
Sault Ste Marie, MI.
* * * * *

V-119 [Amended]

    From Parkersburg, WV; INT Parkersburg 067[deg] and Indian Head, 
PA, 254[deg] radials; to Indian Head.
* * * * *

V-174 [Removed]

* * * * *

    Issued in Washington, DC, on March 4, 2021.
George Gonzalez,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2021-04851 Filed 3-9-21; 8:45 am]
BILLING CODE 4910-13-P


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