```

[Federal Register Volume 79, Number 176 (Thursday, September 11, 2014)]
[Rules and Regulations]
[Pages 54185-54186]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21577]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 79, No. 176 / Thursday, September 11, 2014 / 
Rules and Regulations

[[Page 54185]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0960; Airspace Docket No. 13-AGL-17]
RIN 2120-AA66

Modification and Revocation of Air Traffic Service (ATS) Routes; 
Northcentral United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action modifies two jet routes and three VOR Federal 
airways and removes three jet routes in the north central United 
States. The FAA is taking this action due to the scheduled 
decommissioning of the Peck, MI, VHF Omnidirectional Range (VOR) 
navigation aid (NAVAID), which provides navigation guidance for 
portions of the affected routes. The amendments for one jet route (J-
38) and one VOR Federal airway (V-337) that were addressed in the 
notice of proposed rulemaking (NPRM) are withdrawn from this final rule 
as they are being amended in a separate rulemaking action. This action 
promotes flight safety and the efficient management of aircraft 
operating within the National Airspace System (NAS).

DATES: Effective date 0901 UTC, November 13, 2014. 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.

ADDRESSES: FAA Order 7400.9X, Airspace Designations and Reporting 
Points, and subsequent amendments can be viewed online at http://
www.faa.gov/airtraffic/publications/. The Order is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to http://www.archives.gov/
federalregister/codeoffederal-regulations/
ibrlocations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is 
published yearly and effective on September 15. For further 
information, you can contact the Airspace Policy and Regulations Group, 
Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC, 20591; telephone: 202-267-8783.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace Policy and 
Regulations Group, Office of Airspace Services, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591; 
telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION:

History

    On February 13, 2014, the FAA published in the Federal Register a 
NPRM (79 FR 8637) to amend jet routes J-16, J-38, and J-94; remove jet 
routes J-546, J-551, and J-553; and amend VOR Federal airways V-84, V-
216, V-320, and V-337 due to the scheduled decommissioning of the Peck 
VOR. Subsequent to publication, the FAA proposed another rulemaking 
action addressing multiple Air Traffic Service routes in the North 
Central and Northeast United States, which included amending J-38 and 
V-337, in support of Canada's airspace redesign project. The FAA has 
determined not to proceed with the modifications proposed for J-38 and 
V-337 in this docket. Interested parties were invited to participate in 
this rulemaking effort by submitting written comments on the proposal. 
One comment from the Aircraft Owners and Pilots Association (AOPA) was 
received.

Discussion of Comments

    In their response, AOPA addressed the statement in the NPRM that 
the Peck VOR is not on the list of VORs planned for retention in the 
VOR Minimum Operational Network (MON) and argued it was premature to 
utilize the VOR MON draft criteria in the FAA's decision making 
process. Specifically, they stated, ``the FAA is already using the [VOR 
MON] draft criteria to decommission or retain navigation aids 
(NAVAIDs).''
    The determination to decommission the Peck VOR was made solely on 
the analysis and expectation of navigation signal degradation caused by 
the State of Michigan's initiative to provide renewable energy to the 
State with a planned construction of power transmission towers and 
lines within 1,400 feet of the Peck VOR. The FAA determined the 
integrity of the airways supported by the Peck VOR will be compromised 
due to modeling identifying bearing errors in excess of flight check 
tolerances at multiple azimuths around the NAVAID.
    AOPA also commented in their response that air traffic control 
radar vectors should not be used to replace navigation infrastructure. 
They stated that the long-term use of radar vectors to mitigate the 
loss of navigation infrastructure is unrealistic and sets a dangerous 
precedent that this is an acceptable alternative to navigation 
infrastructure.
    Effective upon the Peck VOR decommissioning, pilots that transit 
the area formerly serviced by the Peck VOR may either file and navigate 
point to point, using remaining NAVAIDs and fixes in the area, or use 
alternative airways if point to point navigation is not possible. Radar 
vectors, as addressed in the NPRM, is an additional option available to 
air traffic control for use as required, but is not intended or 
anticipated to be a routinely used method of controlling aircraft 
through that area. Rerouting and vectoring aircraft are safely 
accomplished within the NAS daily and does not set a dangerous 
precedent as suggested.

The Rule

    The FAA is amending Title 14, Code of Federal Regulations (14 CFR) 
part 71 by modifying jet routes J-16, and J-94, and VOR Federal airways 
V-84, V-216, and V-320. The FAA is also removing jet routes J-546, J-
551, and J-553. The scheduled decommissioning of the Peck VOR has made 
this action necessary. The route changes and removals are outlined 
below.
    J-16: J-16 extends between the Battle Ground, WA, VORTAC and the 
Boston, MA, VOR/DME, excluding the airspace within Canada. The route 
segment from the Badger, WI, VORTAC to the London, ON, Canada, VOR/DME 
is removed.

[[Page 54186]]

    J-94: J-94 extends between the Oakland, CA, VORTAC and the Boston, 
MA, VOR/DME, excluding the airspace within Canada. The route segment 
from the Flint, MI, VORTAC to the London, ON, Canada, VOR/DME is 
removed.
    J-546: J-546 is removed.
    J-551: J-551 is removed.
    J-553: J-553 is removed.
    V-84: V-84 extends between the Northbrook, IL, VOR/DME and the 
Syracuse, NY, VORTAC, excluding the airspace within Canada. The route 
segment between the Flint, MI, VORTAC and the London, ON, Canada, VOR/
DME is removed.
    V-216: V-216 extends between the Lamar, CO, VOR/DME and the 
Toronto, ON, Canada, VOR/DME, excluding the airspace within Canada. The 
route segment between the Janesville, WI, VOR/DME and the Toronto, ON, 
Canada, VOR/DME is removed.
    V-320: V-320 extends between the Pellston, MI, VORTAC and the 
Toronto, ON, Canada, VOR/DME. The route segment between the Saginaw, 
MI, VOR/DME and the Toronto, ON, Canada, VOR/DME is removed.
    The navigation aid radials cited in the jet route and VOR Federal 
airway descriptions are unchanged and stated relative to True north.
    Jet routes are published in paragraph 2004 and VOR Federal airways 
are published in paragraph 6010(a), respectively, of FAA Order 7400.9X 
dated August 7, 2013, and effective September 15, 2013, which is 
incorporated by reference in 14 CFR 71.1. The jet routes and VOR 
Federal airways listed in this document will 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 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 modifies the route structure as necessary to preserve the safe 
and efficient flow of air traffic 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 FAA Order 1050.1E, ``Environmental Impacts: Policies 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 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 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 7400.9X, 
Airspace Designations and Reporting Points, dated August 7, 2013 and 
effective September 15, 2013, is amended as follows:

Paragraph 2004 Jet Routes

* * * * *

J-16 [Amended]

    From Battle Ground, WA; Pendleton, OR; Whitehall, MT; Billings, 
MT; Dupree, SD; Sioux Falls, SD; Mason City, IA; to Badger, WI. From 
London, ON, Canada; Buffalo, NY; Albany, NY; to Boston, MA; 
excluding the airspace within Canada.
* * * * *

J-94 [Amended]

    From Oakland, CA; Manteca, CA; INT Manteca 047[deg] and Mustang, 
NV, 208[deg] radials; Mustang; Lovelock, NV; Battle Mountain, NV; 
Lucin, UT; Rock Springs, WY; Scottsbluff, NE; O'Neill, NE; Fort 
Dodge, IA; Dubuque, IA; Northbrook, IL; Pullman, MI; to Flint, MI. 
From London, ON, Canada; Buffalo, NY; Albany, NY; to Boston, MA; 
excluding the airspace within Canada.
* * * * *

J-546 [Removed]

* * * * *

J-551 [Removed]

* * * * *

J-553 [Removed]

* * * * *

Paragraph 6010 Domestic VOR Federal Airways

* * * * *

V-84 [Amended]

    From Northbrook, IL; Pullman, MI; Lansing, MI; to Flint, MI. 
From London, ON, Canada; Buffalo, NY; Geneseo, NY; INT Geneseo 
091[deg] and Syracuse, NY, 240[deg] radials; to Syracuse; excluding 
the airspace within Canada.
* * * * *

V-216 [Amended]

    From Lamar, CO; Hill City, KS; Mankato, KS; Pawnee City, NE; 
Lamoni, IA; Ottumwa, IA; Iowa City, IA; INT Iowa City 062[deg] and 
Janesville, WI, 240[deg] radials; to Janesville.
* * * * *

V-320 [Amended]

    From Pellston, MI; Traverse City, MI; Mount Pleasant, MI; to 
Saginaw, MI.
* * * * *

    Issued in Washington, DC, on September 4, 2014.
Gary A. Norek,
Manager, Airspace Policy and Regulations Group.
[FR Doc. 2014-21577 Filed 9-10-14; 8:45 am]
BILLING CODE 4910-13-P
```