Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Proposed Rules 78267 

The Proposal 

The FAA is proposing an amendment 

to 14 CFR part 71 to amend VOR 

Federal airway V–132 and revoke VOR 

Federal airways V–131, V–307, and V– 

350 due to the planned 

decommissioning of the VOR portion of 

the Chanute, KS, VOR/DME NAVAID. 

The proposed airway actions are 

described below. 

V–131: V–131 currently extends 

between the Okmulgee, OK, VOR/DME 

and the Topeka, KS, VOR/Tactical Air 

Navigation (VORTAC). The FAA 

proposes to remove the airway segment 

between the Tulsa, OK, VORTAC and 

the Topeka VORTAC due to the planned 

decommissioning of the Chanute VOR. 

Additionally, the FAA proposes to 

remove the airway segment between the 

Okmulgee VOR/DME and the Tulsa 

VORTAC also since that airway segment 

overlaps V–161 which will remain 

charted and provide navigational 

guidance between the two NAVAIDs. As 

a result, the airway would be removed 

in its entirety. 

V–132: V–132 currently extends 

between the Medicine Bow, WY, VOR/ 

DME and the intersection of the Forney, 

MO, VOR 086° and Vichy, MO, VOR/ 

DME 156° radials (LENOX Fix), 

excluding that portion within restricted 

areas R–4501A, R–4501B, R–4501C, and 

R–4501D during their time of activation. 

The FAA proposes to remove the airway 

segment between the Hutchinson, KS, 

VOR/DME and the Springfield, MO, 

VORTAC. Additionally, the FAA 

proposes to exclude the airway portion 

within restricted areas R–4501E, R– 

4501F, and R–4501H during their times 

of activation since those restricted areas 

also fall within 4 nautical miles of the 

airway. As amended, the airway would 

be changed to extend between the 

Medicine Bow VOR/DME and the 

Hutchinson VOR/DME and between the 

Springfield VORTAC and the 

intersection of the Forney VOR 086° and 

Vichy VOR/DME 156° radials (LENOX 

Fix), excluding the portion within all 7 

restricted areas of the R–4501 restricted 

area complex. 

V–307: V–307 currently extends 

between the Chanute, KS, VOR/DME 

and the Emporia, KS, VORTAC. The 

FAA proposes to remove the airway in 

its entirety. 

V–350: V–350 currently extends 

between the Wichita, KS, VORTAC and 

the Chanute, KS, VOR/DME. The FAA 

proposes to remove the airway in its 

entirety. 

The NAVAID radials listed in the V– 

132 description in The Proposed 

Amendment section are unchanged and 

stated in degrees True north. 

Regulatory Notices and Analyses 

The FAA has determined that this 

proposed 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 will 

only affect air traffic procedures and air 

navigation, it is certified that this 

proposed 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 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 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–131 [Removed] 

* * * * * 

V–132 [Amended] 

From Medicine Bow, WY; INT Medicine 

Bow 106° and Cheyenne, WY, 330° radials; 

Cheyenne; Akron, CO; 17 miles, 49 miles, 59 

MSL, Goodland, KS; 50 miles, 97 miles, 65 

MSL, to Hutchinson, KS. From Springfield, 

MO; INT Springfield 058° and Forney, MO, 

266° radials; Forney; to INT Forney 086° and 

Vichy, MO, 156° radials, excluding that 

portion within R–4501A, R–4501B, R–4501C, 

R–4501D, R–4501E, R–4501F, and R–4501H 

during their time of activation. 

* * * * * 

V–307 [Removed] 

* * * * * 

V–350 [Removed] 

* * * * * 

Issued in Washington, DC, on November 9, 

2023. 

Karen L. Chiodini, 

Acting Manager, Rules and Regulations 

Group. 

[FR Doc. 2023–25182 Filed 11–14–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2023–2195; Airspace 

Docket No. 23–ASO–48] 

RIN 2120–AA66 

Revocation of Colored Federal Airway 

Blue 9 (B–9); Eastern United States 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

revoke Colored Federal airway Blue 9 

(B–9) in the Eastern United States. The 

FAA is taking this action due to the 

pending decommissioning of the 

Marathon, FL (MTH), Nondirectional 

Radio Beacon (NDB). 

DATES: Comments must be received on 

or before January 2, 2024. 

ADDRESSES: Send comments identified 

by FAA Docket No. FAA–2023–2195 

and Airspace Docket No. 23–ASO–48 

using any of the following methods: 

* Federal eRulemaking Portal: Go to 

www.regulations.gov and follow the 

online instructions for sending your 

comments electronically. 

* Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

* Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 


ddrumheller on DSK120RN23PROD with PROPOSALS1
78268 Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Proposed Rules 

Avenue SE, Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

* Fax: Fax comments to Docket 

Operations at (202) 493–2251. 

Docket: Background documents or 

comments received may be read at 

www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or go to the Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE, Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

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: 

Brian Vidis, 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 amends the 

route structure to maintain the efficient 

flow of air traffic within the National 

Airspace System. 

Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. Comments are specifically 

invited on the overall regulatory, 

aeronautical, economic, environmental, 

and energy-related aspects of the 

proposal. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

commenters should submit only one 

time if comments are filed 

electronically, or commenters should 

send only one copy of written 

comments if comments are filed in 

writing. 

The FAA will file in the docket all 

comments it receives, as well as a report 

summarizing each substantive public 

contact with FAA personnel concerning 

this proposed rulemaking. Before acting 

on this proposal, the FAA will consider 

all comments it receives on or before the 

closing date for comments. The FAA 

will consider comments filed after the 

comment period has closed if it is 

possible to do so without incurring 

expense or delay. The FAA may change 

this proposal in light of the comments 

it receives. 

Privacy: In accordance with 5 U.S.C. 

553(c), DOT solicits comments from the 

public to better inform its rulemaking 

process. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.dot.gov/privacy. 

Availability of Rulemaking Documents 

An electronic copy of this document 

may be downloaded through the 

internet at www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s web page at www.faa.gov/air_

traffic/publications/airspace_

amendments/. 

You may review the public docket 

containing the proposal, any comments 

received and any final disposition in 

person in the Dockets Operations office 

(see ADDRESSES section for address, 

phone number, and hours of 

operations). An informal docket may 

also be examined during normal 

business hours at the office of the 

Eastern Service Center, Federal Aviation 

Administration, Room 210, 1701 

Columbia Avenue, College Park, GA 

30337. 

Incorporation by Reference 

Colored Federal airways are 

published in paragraph 6009 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 proposes to amend the 

current version of that order, FAA Order 

JO 7400.11H, dated August 11, 2023, 

and effective September 15, 2023. These 

updates would be published in the next 

update to FAA Order JO 7400.11. That 

order is publicly available as listed in 

the ADDRESSES section of this document. 

FAA Order JO 7400.11H lists Class A, 

B, C, D, and E airspace areas, air traffic 

service routes, and reporting points. 

The Proposal 

The FAA is proposing an amendment 

to 14 CFR part 71 by revoking Colored 

Federal Airway B–9. The proposed 

changes are described below. 

B–9: B–9 currently extends between 

the DEEDS, FL, Fix and the Marathon, 

FL (MTH), NDB. The route is dependent 

on the Marathon NDB which is 

scheduled to be decommissioned. 

Without this navigation facility B–9 is 

no longer viable, so the FAA is 

proposing to revoke B–9 in its entirety. 

Regulatory Notices and Analyses 

The FAA has determined that this 

proposed 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 will 

only affect air traffic procedures and air 

navigation, it is certified that this 

proposed 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 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 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: 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Proposed Rules 78269 

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 6009 Colored Federal Airways 

* * * * * 

B–9 [Removed] 

* * * * * 

Issued in Washington, DC, on November 9, 

2023. 

Karen L. Chiodini, 

Acting Manager, Rules and Regulations 

Group. 

[FR Doc. 2023–25166 Filed 11–14–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

49 CFR Part 674 

[Docket No. FTA–2023–0008] 

RIN 2132–AB42 

State Safety Oversight 

AGENCY: Federal Transit Administration 

(FTA), Department of Transportation 

(DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The Federal Transit 

Administration (FTA) is proposing 

revisions to the State Safety Oversight 

(SSO) regulation to implement new 

requirements of the Bipartisan 

Infrastructure Law (enacted as the 

Infrastructure Investment and Jobs Act 

(IIJA)), remove outdated references, and 

simplify notification requirements. 

DATES: Comments should be filed by 

January 16, 2024. FTA will consider 

comments received after that date to the 

extent practicable. 

ADDRESSES: You may send comments, 

identified by docket number FTA– 

2023–0008, by any of the following 

methods: 

• Federal eRulemaking Portal: 

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

instructions for sending comments. 

• Fax: (202) 493–2251. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery/Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE, 

Washington, DC, between 9 a.m. and 5 

p.m. ET, Monday through Friday, except 

Federal holidays. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

rulemaking. All comments received will 

be posted without change to https://

www.regulations.gov, including any 

personal information provided. For 

detailed instructions on sending 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: To access the docket and read 

background documents or comments 

received, go to: https://

www.regulations.gov. Background 

documents and comments received may 

also be viewed at the U.S. Department 

of Transportation, 1200 New Jersey Ave. 

SE, Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

Washington, DC 20590–0001, between 9 

a.m. and 5 p.m. EST, Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

program matters, contact Loretta 

Bomgardner, Office of Transit Safety 

and Oversight, FTA, telephone (202) 

577–5896 or loretta.bomgardner@

dot.gov. For legal matters, contact 

Richard Wong, Office of the Chief 

Counsel, telephone (202) 366–4011 or 

richard.wong@dot.gov. Office hours are 

from 8:30 a.m. to 5 p.m., Monday 

through Friday, except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Executive Summary 

A. Purpose of Regulatory Action 

B. Statutory Authority 

C. Summary of Major Provisions 

D. Benefits and Costs 

II. Section-by-Section Analysis 

III. Regulatory Analyses and Notices 

1. Executive Summary 

A. Purpose of Regulatory Action 

This proposed rulemaking will update 

the existing regulations for state safety 

oversight of rail fixed guideway public 

transportation systems. In the Moving 

Ahead for Progress in the 21st Century 

Act (MAP–21) (Pub. L. 112–141, July 6, 

2012), Congress directed FTA to 

establish a comprehensive public 

transportation safety program, one 

element of which is the State Safety 

Oversight (SSO) Program. (See 49 U.S.C. 

5329). Section 30012 of the Bipartisan 

Infrastructure Law (BIL), enacted as the 

Infrastructure Investment and Jobs Act 

(IIJA), established new requirements for 

FTA’s Public Transportation Safety 

Program. FTA is proposing revisions to 

49 CFR part 674 to address requirements 

related to the BIL, remove requirements 

related to the initial establishment of 

this part, and clarify requirements of the 

existing part. 

B. Statutory Authority 

Section 5329 of Title 49, United States 

Code, includes several provisions that 

require FTA to establish a 

comprehensive public transportation 

safety program, the elements of which 

include a National Public 

Transportation Safety Plan; a training 

and certification program for Federal, 

state, and local transportation agency 

employees with safety responsibilities; 

Public Transportation Agency Safety 

Plans; and a strengthened State Safety 

Oversight Program. 

C. Summary of Major Provisions 

This NPRM proposes to make the 

following changes to strengthen the 

existing SSO program: 

• Updating terminology to reflect 

current use across programs. 

• Clarifying existing requirements 

consistent with FTA expectations. 

• Removing language relating to the 

period of transition from 49 CFR part 

659, FTA’s previous SSO regulation, to 

49 CFR part 674, the current SSO 

regulation. 

• Addressing BIL requirements. 

D. Benefits and Costs 

The proposed rule would result in 

additional oversight of safety-related 

activities of rail transit agencies (RTAs) 

by state safety oversight agencies 

(SSOAs). The effects of the increased 

oversight are unknown and 

unquantified. The proposed rule also 

would result in additional costs for 

SSOAs and RTAs to comply with the 

requirements. The requirements of the 

proposed rule have estimated costs of 

$12.6 million (in 2022 dollars) for the 

first year and annual costs of $10.7 

million for later years. The largest 

annual costs are for SSOA oversight 

($7.9 million), which includes new riskbased inspection activities, and RTA 

activities ($2.0 million), which include 

investigations and reporting for a larger 

number of safety events. 

Table 1 summarizes the economic 

effects of the proposed rule over the first 

ten years of the proposed rule from 

2023—the assumed effective date of the 

rule—to 2033 in 2022 dollars. On an 

annualized basis, the proposed rule 

would have costs of $11.7 million at a 

7 percent discount rate (discounted to 

2023) and $11.3 million at 3 percent. 


ddrumheller on DSK120RN23PROD with PROPOSALS1