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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 71
          - [Docket No. FAA-2023-0881; Airspace Docket No. 22-AEA-34]
          - RIN 2120-AA66

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Final rule.

# SUMMARY:

This action amends Very High Frequency Omnidirectional Range (VOR) Federal airways V-469 and V-501, and revokes V-474. The FAA is taking this action due to the planned decommissioning of the VOR portion of the St. Thomas, PA (THS), VOR/Tactical Air Navigation (VORTAC) navigational aid (NAVAID). The St. Thomas VOR is being decommissioned in support of the FAA's VOR Minimum Operational Network (MON) program.

# DATES:

                        Effective date 0901 UTC, November 30, 2023. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual                               ( print page 65316)                            revision of FAA Order JO 7400.11 and publication of conforming amendments.                    

# ADDRESSES:

                        A copy of the Notice of Proposed Rulemaking (NPRM), all comments received, this final rule, and all background material may be viewed online at                         *www.regulations.gov*                         using the FAA Docket number. Electronic retrieval help and guidelines are available on the website. It is available 24 hours each day, 365 days each year.                    

                        FAA Order JO 7400.11H, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at                         *www.faa.gov/​air_​traffic/​publications/​.*                         You may also contact the Rules and Regulations Group, Office of Policy, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-8783.                    

# 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 ATS 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-2023-0881 in the                     **Federal Register**                     (88 FR 21142; April 10, 2023), proposing to amend VOR Federal airways V-469 and V-501, and revoke VOR Federal airway V-474 due to the planned decommissioning of the VOR portion of the St. Thomas, PA, VORTAC NAVAID. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal. No comments were received.                

## Differences From the NPRM

Subsequent to the NPRM, the FAA determined that the proposed VOR Federal airway V-501 amendment to replace the St. Thomas, PA, VORTAC airway point with the VINSE Fix did not accurately overlay the existing airway between the Hagerstown, MD, VOR and the Philipsburg, PA, VORTAC airway points. To overcome the unintended difference to the V-501 routing, the FAA is establishing the GGRIF Fix located approximately 80 feet south of the St. Thomas VORTAC at the intersection of the Harrisburg, PA, VORTAC 241° True (T)/251° Magnetic (M) and Philipsburg, PA, VORTAC 178°(T)/188°(M) radials. Replacing the St. Thomas VORTAC airway point in the V-501 description with the GGRIF Fix instead of the proposed VINSE Fix will retain the existing airway as it is currently charted.

This action amends the V-501 description by changing the VINSE Fix proposed to replace the St. Thomas, PA, VORTAC airway point in the NPRM to the GGRIF Fix.

## Incorporation by Reference

                    VOR Federal airways are published in paragraph 6010(a) of FAA Order JO 7400.11, Airspace Designations and Reporting Points, which is incorporated by reference in 14 CFR 71.1 on an annual basis. This document amends the current version of that order, FAA Order JO 7400.11H, dated August 11, 2023, and effective September 15, 2023. FAA Order JO 7400.11H is publicly available as listed in the                     **ADDRESSES**                     section of this document. These amendments will be published in the next update to FAA Order JO 7400.11.                

FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

## The Rule

This action amends 14 CFR part 71 by amending VOR Federal airways V-469 and V-501, and revoking V-474 due to the planned decommissioning of the VOR portion of the St. Thomas, PA, VORTAC. The airway actions are described below.

*V-469:*                     Prior to this final rule, V-469 extended between the Danville, VA, VORTAC and the Woodstown, NJ, VORTAC. The airway segment between the Johnstown, PA, VOR/Distance Measuring Equipment (VOR/DME) and the Harrisburg, PA, VORTAC is removed. As amended, the airway now extends between the Danville VORTAC and the Johnstown VOR/DME and between the Harrisburg VORTAC and the Woodstown VORTAC.                

*V-474:*                     Prior to this final rule, V-474 extended between the St. Thomas, PA, VORTAC and the Modena, PA, VORTAC. The airway is removed in its entirety.                

*V-501:*                     Prior to this final rule, V-501 extended between the Martinsburg, WV, VORTAC and the Philipsburg, PA, VORTAC. The St. Thomas, PA, VORTAC airway point is replaced by the GGRIF Fix being established at the intersection of the Harrisburg, PA, VORTAC 241°(T)/251°(M) and Philipsburg, PA, VORTAC 178°(T)/188°(M) radials. As amended, the airway is retained as charted and continues to extend between the Martinsburg VORTAC and the Philipsburg VORTAC.                

The NAVAID radials listed in the airway descriptions in the amendments to part 71 are stated in degrees True north.

## 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 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.

## Environmental Review

                    The FAA has determined that this action of amending VOR Federal airways V-469 and V-501, and revoking VOR Federal airway V-474, due to the planned decommissioning of the VOR portion of the St. Thomas, PA, VORTAC NAVAID, qualifies for categorical exclusion under the National Environmental Policy Act (42 U.S.C. 4321*et 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;                           ( print page 65317)                        Air Traffic Service Routes; and Reporting Points); and paragraph 5-6.5k, which categorically excludes from further environmental impact review publication of existing air traffic control procedures that do not essentially change existing tracks, create new tracks, change altitude, or change concentration of aircraft on these tracks. 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

1. The authority citation for 14 CFR 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

2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO 7400.11H, Airspace Designations and Reporting Points, dated August 11, 2023, and effective September 15, 2023, is amended as follows:

### *Paragraph 6010(a) Domestic VOR Federal Airways.*

* * * * *

## V-469 [Amended]

From Danville, VA; Lynchburg, VA; INT Lynchburg 347° and Elkins, WV, 142° radials; Elkins; Morgantown, WV; INT Morgantown 010° and Johnstown, PA, 260° radials; to Johnstown. From Harrisburg, PA; Dupont, DE; to Woodstown, NJ.

* * * * *

## V-474 [Removed]

* * * * *

## V-501 [Amended]

From Martinsburg, WV; Hagerstown, MD; INT Harrisburg, PA, 241° and Philipsburg, PA, 178° radials; to Philipsburg.

* * * * *

Issued in Washington, DC, on September 18, 2023.

Karen L. Chiodini,

Acting Manager, Rules and Regulations Group.

[FR Doc. 2023-20446 Filed 9-21-23; 8:45 am]

BILLING CODE 4910-13-P