75488 Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Rules and Regulations 

Paragraph 6011 United States Area 

Navigation Routes. 

* * * * * 

T–272 Hallsville, MO (HLV) to TYMME, IL [Amended] 

Hallsville, MO (HLV) VORTAC (lat. 39°06′48.75′′ N, long. 092°07′41.64′′ W) 

TYMME, IL WP (lat. 39°05′38.35′′ N, long. 089°09′43.71′′ W) 

* * * * * 

Issued in Washington, DC, on October 27, 

2023. 

Karen L. Chiodini, 

Acting Manager, Rules and Regulations 

Group. 

[FR Doc. 2023–24077 Filed 11–2–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2023–0965; Airspace 

Docket No. 23–AGL–8] 

RIN 2120–AA66 

Amendment of VOR Federal Airways 

V–158 and V–172; Polo, IL 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Very High 

Frequency Omnidirectional Range 

(VOR) Federal airways V–158 and V– 

172 in the vicinity of Polo, IL. The 

amendments are due to the planned 

decommissioning of the VOR portion of 

the Polo, IL (PLL), VOR/Distance 

Measuring Equipment (VOR/DME) 

navigational aid (NAVAID). The Polo 

VOR is being decommissioned as part of 

the FAA’s VOR Minimum Operational 

Network (MON) program. 

DATES: Effective date 0901 UTC, January 

25, 2024. 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 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 

Air Traffic Service (ATS) route structure 

as necessary to preserve the safe and 

efficient flow of air traffic within the 

National Airspace System (NAS). 

History 

The FAA published a notice of 

proposed rulemaking for Docket No. 

FAA–2023–0965 in the Federal Register 

(88 FR 23595; April 18, 2023), 

proposing to amend VOR Federal 

airways V–158 and V–172 due to the 

planned decommissioning of the VOR 

portion of the Polo, IL, VOR/DME 

NAVAID. Interested parties were invited 

to participate in this rulemaking effort 

by submitting written comments on the 

proposal. One comment was received. 

The commenter stated the FAA 

should keep the Polo VOR and 

associated VOR Federal airways, V–158 

and V–172, because decommissioning 

them represented an aeronautical 

navigation challenge to instrument 

flight rules (IFR) aircraft not yet 

equipped with an IFR suitable global 

positioning system (GPS) and as a 

backup to GPS navigation, since there is 

a lack of other suitable VOR 

navigational aids in the area. 

The VOR MON is designed to enable 

aircraft, having lost Global Navigation 

Satellite System (GNSS) service, to 

revert to conventional navigation 

procedures and enable aircraft to 

proceed to a MON airport where an 

Instrument Landing System (ILS) or 

VOR approach procedure can be flown 

without the necessity of GPS. 

In December 2011, the FAA published 

a notice of proposed policy and request 

for comments in the Federal Register 

(76 FR 77939). The notice addressed the 

FAA’s proposed strategy for reducing 

the current VOR network to a Minimum 

Operational Network (MON) in support 

of transitioning the NAS to 

performance-based navigation (PBN) as 

part of the Next Generation Air 

Transportation System (NextGen). The 

FAA announced that, as part of a NAS 

Efficient Streamlined Services Initiative, 

the number of VORs would be reduced 

while more efficient Area Navigation 

(RNAV) routes and procedures would be 

implemented throughout the NAS. The 

notice stated that the FAA, with 

assistance of a work group, would 

develop a candidate list of VORs for 

discontinuance using relevant 

operational, safety, cost, and economic 

criteria. 

In response to comments received to 

the notice of proposed policy, the FAA 

published a disposition of comments 

notice in the Federal Register (77 FR 

50420; August 21, 2012), stating it 

would develop an initial VOR MON 

discontinuance plan which would be 

made publicly available. As a result, the 

FAA convened a working group for 

developing the objective criteria to be 

used to help identify those VORs that 

would remain operational. 

Stakeholders, aviation industry, and 

military services provided further input 

to the FAA for consideration in 

developing the criteria to select VORs 

that needed to be retained as a part of 

the MON. With this collective input, the 

FAA developed the criteria to determine 

which VORs would be retained. The 

VORs not meeting these criteria were 

considered discontinuance candidates. 

As referenced in the NPRM, the FAA 

published its VOR MON final policy 

statement in the Federal Register (81 FR 

48694; July 26, 2016). In that notice, the 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Rules and Regulations 75489 

candidate list of VORs to be 

discontinued was announced. The Polo, 

MI, VOR was announced as a candidate 

VOR for discontinuance. The FAA 

remains committed to its final policy 

statement and plan to retain an 

optimized VOR MON that enables pilots 

to revert from PBN to conventional 

navigation for approach, terminal, and 

enroute operations in the event of a GPS 

outage. This action supports the NAS 

transition from ground-based to 

satellite-based navigation consistent 

with the FAA’s NextGen goals and the 

NAS Efficient Streamlined Services 

Initiative. 

The commenter also stated that if the 

Polo VOR is decommissioned, there will 

not be any usable NAVAID between the 

Moline, IL, VOR and the DuPage, IL, 

VOR (a distance of 108 nautical miles 

(NM)) which is outside of the current 

VOR service volume, nor would there be 

any usable VOR connecting the 

Dubuque, IA, VOR/Tactical Air 

Navigation (VORTAC) with the Chicago 

area DuPage, IL, and Joliet, IL, VORs. 

The commenter continued that flying 

between the Dubuque, IA, VORTAC and 

the Joliet, IL, VOR/DME would put 

pilots outside current VOR service 

volumes due to significant limitations 

imposed on the Dubuque VOR and the 

limited ranges of the Davenport and 

Moline VORs. 

In response, the FAA offers that 

although the route between the Moline 

VOR/DME and the DuPage, IL, VOR/ 

DME is approximately 108 NM, pilots 

flying direct between those two VORs 

today are required to have their aircraft 

RNAV equipped since the distance, as 

stated, is beyond the service volume of 

the two NAVAIDS. However, there are 

other VOR Federal airway alternatives 

in the area that allow pilots to navigate 

between the Moline and DuPage VORs. 

A pilot could choose to navigate 

between the Moline and DuPage VORs 

via V–63 between the Moline VOR/DME 

and the Davenport, IA, VORTAC, then 

via V–6 between the Davenport 

VORTAC and the DuPage VOR/DME. 

Likewise, there will continue to be 

VOR Federal airway alternatives 

available for navigating between the 

Dubuque, IA, area and the Chicago area 

DuPage, IL, and Joliet, IL, VORs. To 

navigate between the Dubuque VORTAC 

and DuPage VOR/DME, pilots may 

navigate via V–129 between the 

Dubuque and Davenport VORTACs, 

then via V–6 between the Davenport 

VORTAC and the DuPage VOR/DME. 

Alternatively, a pilot could choose to 

navigate between the Dubuque VORTAC 

and the Joliet VOR/DME via V–129 

between the Dubuque VORTAC and the 

GENSO Fix, then via V–8 between the 

GENSO Fix and the Joliet VOR/DME. 

Additionally, pilots may continue to 

navigate between the Dubuque, IA, area 

and the Chicago area Northbrook, IL, 

VOR/DME via V–246 between the 

Dubuque VORTAC and the Janesville, 

IL, VOR/DME, then via V–24 between 

the Janesville VOR/DME and the 

Northbrook VOR/DME. 

Finally, pilots, regardless of flying 

under instrument flight rules or visual 

flight rules, may always request radar 

vectors from air traffic control for 

navigation assistance in the area or file 

and fly point-to-point using the Fixes 

and waypoints that will remain in the 

area if their aircraft is RNAV equipped. 

Lastly, the commenter stated that the 

FAA’s plan to use VORs with the new 

VOR service volumes, labeled as VOR 

Low (VL) and VOR High (VH), as a 

backup plan in the event of a GPS 

outage did not provide sufficient 

coverage in the vicinity of the Polo 

VOR/DME due to the operational 

limitations imposed on the Dubuque 

VORTAC and the Northbrook VOR/ 

DME. The commenter thought that the 

Polo VOR and associated V–158 and V– 

172 airways segments should be 

retained until the limitations currently 

being imposed on the Dubuque and 

Northbrook VORs can be removed and 

the service volumes of the Joliet VOR/ 

DME and the Davenport VORTAC can 

be increased to ensure signal coverage 

throughout the entire area. 

As stated previously, the FAA 

remains committed to its final policy 

statement and plan to retain an 

optimized VOR MON that enables pilots 

to revert from PBN to conventional 

navigation for approach, terminal, and 

enroute operations in the event of a GPS 

outage. The limitations with the four 

listed VORs, Dubuque, Northbrook, 

Joliet, and Davenport, exist today due to 

the VOR type, user retention 

requirements, or an increase in tree/ 

terrain blockage occurring over time 

causing certain radials of the VORs to 

become unusable. The limitations 

imposed on these four VORs do not 

affect the normal operation of the VORs 

until exceeding 40 NM below 14,500 

feet mean seal level (MSL). Whether the 

Polo VOR remains operational or is 

decommissioned does not change the 

existing limitations on the four VORs, 

nor would it effect the use of the VOR 

Federal airway alternatives identified 

for pilots to continue navigating through 

the affected area. The FAA has 

determined that with the planned 

decommissioning of the Polo VOR, there 

remains sufficient conventional 

navigation enroute structure in place to 

enable pilots to navigate from the 

Dubuque, IA; Cedar Rapids, IA; or 

Moline, IL, areas into the Chicago 

Metropolitan Area. 

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. This 

amendment action 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–158 

and V–172 due to the planned 

decommissioning of the VOR portion of 

the Polo, IL, VOR/DME. The airway 

actions are described below. 

V–158: Prior to this final rule, V–158 

extended between the Mason City, IA, 

VOR/DME and the intersection of the 

Polo, IL, VOR/DME 122° and Davenport, 

IA, VORTAC 087° radials (SHOOF Fix). 

The airway segment between the 

Dubuque, IA, VORTAC and the 

intersection of the Polo, IL, 122° and 

Davenport, IA, 087° radials (SHOOF 

Fix) is removed. As amended, the 

airway now extends between the Mason 

City VOR/DME and the Dubuque 

VORTAC. 

V–172: Prior to this final rule, V–172 

extended between the Columbus, NE, 

VOR/DME and the DuPage, IL, VOR/ 

DME. The airway segment between the 

Cedar Rapids, IA, VOR/DME and the 

DuPage, IL, VOR/DME is removed. As 

amended, the airway now extends 

between the Columbus VOR/DME and 

the Cedar Rapids VOR/DME. 

The NAVAID radials contained in the 

VOR Federal airway descriptions listed 

below in The Amendment section are 

unchanged and 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 


lotter on DSK11XQN23PROD with RULES1
75490 Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Rules and Regulations 

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–158 and V–172, due to the 

planned decommissioning of the VOR 

portion of the Polo, IL, VOR/DME 

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; 

Air Traffic Service Routes; and 

Reporting Points); and paragraph 5–6.5i, 

which categorically excludes from 

further environmental impact review 

the establishment of new or revised air 

traffic control procedures conducted at 

3,000 feet or more above ground level 

(AGL); procedures conducted below 

3,000 feet AGL that do not cause traffic 

to be routinely routed over noise 

sensitive areas; modifications to 

currently approved procedures 

conducted below 3,000 feet AGL that do 

not significantly increase noise over 

noise sensitive areas; and increases in 

minimum altitudes and landing 

minima. 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 [Amended] 

■ 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–158 [Amended] 

From Mason City, IA; INT Mason City 106° 

and Dubuque, IA, 293° radials; to Dubuque. 

* * * * * 

V–172 [Amended] 

From Columbus, NE; Omaha, IA; INT 

Omaha 066° and Newton, IA, 262° radials; 

Newton; to Cedar Rapids, IA. 

* * * * * 

Issued in Washington, DC. 

Karen L. Chiodini, 

Acting Manager, Rules and Regulations 

Group. 

[FR Doc. 2023–24078 Filed 11–2–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 73 

[Docket No. FDA–2020–C–2131] 

Listing of Color Additives Exempt 

From Certification; Jagua (GenipinGlycine) Blue 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is 

amending the color additive regulations 

to provide for the safe use of jagua 

(genipin-glycine) blue as a color 

additive in various food categories at 

levels consistent with good 

manufacturing practice (GMP). We are 

taking this action in response to a color 

additive petition (CAP) submitted by 

Exponent, Inc. on behalf of Ecoflora 

SAS (Ecoflora). 

DATES: This rule is effective December 4, 

2023. See section X for further 

information on the filing of objections. 

Either electronic or written objections 

and requests for a hearing on the final 

rule must be submitted by December 4, 

2023. 

ADDRESSES: You may submit objections 

and requests for a hearing as follows. 

Please note that late, untimely filed 

objections will not be considered. The 

https://www.regulations.gov electronic 

filing system will accept comments 

until 11:59 p.m. Eastern Time at the end 

of December 4, 2023. Objections 

received by mail/hand delivery/courier 

(for written/paper submissions) will be 

considered timely if they are received 

on or before that date. 

Electronic Submissions 

Submit electronic objections in the 

following way: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

Objections submitted electronically, 

including attachments, to https://

www.regulations.gov will be posted to 

the docket unchanged. Because your 

objection will be made public, you are 

solely responsible for ensuring that your 

objection does not include any 

confidential information that you or a 

third party may not wish to be posted, 

such as medical information, your or 

anyone else’s Social Security number, or 

confidential business information, such 

as a manufacturing process. Please note 

that if you include your name, contact 

information, or other information that 

identifies you in the body of your 

objection, that information will be 

posted on https://www.regulations.gov. 

• If you want to submit an objection 

with confidential information that you 

do not wish to be made available to the 

public, submit the objection as a 

written/paper submission and in the 

manner detailed (see ‘‘Written/Paper 

Submissions’’ and ‘‘Instructions’’). 

Written/Paper Submisisons 

Submit written/paper submissions as 

follows: 

• Mail/Hand Delivery/Courier (for 

written/paper submissions): Dockets 

Management Staff (HFA–305), Food and 

Drug Administration, 5630 Fishers 

Lane, Rm. 1061, Rockville, MD 20852. 

• For written/paper objections 

submitted to the Dockets Management 

Staff, FDA will post your objection, as 


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