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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 71
          - [Docket No. FAA-2023-2513; Airspace Docket No. 23-AGL-26]
          - RIN 2120-AA66

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Notice of proposed rulemaking (NPRM).

# SUMMARY:

                        This action proposes to amend Jet Route J-211 and to revoke Very High Frequency Omnidirectional Range (VOR) Federal Airway V-41. The FAA is proposing this action due to the planned decommissioning of the VOR portion of the Youngstown, OH (YNG), VOR/Tactical Air Navigation (VORTAC) navigational aid (NAVAID). The                               ( print page 89343)                            Youngstown VOR is being decommissioned in support of the FAA's VOR Minimum Operational Network (MON) program.                    

# DATES:

Comments must be received on or before February 12, 2024.

# ADDRESSES:

Send comments identified by FAA Docket No. FAA-2023-2513 and Airspace Docket No. 23-AGL-26 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 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:

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 would modify the National Airspace System (NAS) as necessary to preserve the safe and efficient flow of air traffic.

## 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 Operations Support Group, Central Service Center, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177.                

## Incorporation by Reference

                    Jet Routes are published in paragraph 2004 and 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 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.

## Background

                    The FAA is planning to decommission the Youngstown, OH, VOR in October 2024. The Youngstown VOR was one of the candidate VORs identified for discontinuance by the FAA's VOR MON program and listed in the final policy statement notice, “Provision of Navigation Services for the Next Generation Air Transportation System (NextGen) Transition to Performance-Based Navigation (PBN) (Plan for Establishing a VOR Minimum Operational Network),” published in the                     **Federal Register**                     on July 26, 2016 (81 FR 48694), Docket No. FAA-2011-1082.                

Although the VOR portion of the Youngstown VORTAC is planned for decommissioning, the co-located Tactical Air Navigation (TACAN) portion of the NAVAID is being retained. The TACAN would continue to provide navigational service for military operations and distance measuring equipment (DME) service supporting current and future NextGen PBN flight procedure requirements.

                    The Air Traffic Service (ATS) routes affected by the Youngstown VOR decommissioning are J-211 and V-41. With the planned decommissioning of the Youngstown VOR, the remaining ground-based NAVAID coverage in the area is insufficient to enable the continuity of the affected ATS routes. As such, proposed modifications to J-211 would result in the route being shortened and to V-41 would result in the airway being revoked.                          ( print page 89344)    

To address the proposed modifications to the affected ATS routes, instrument flight rules (IFR) pilots flying in the high-altitude enroute structure may circumnavigate the affected area by using adjacent Jet Routes J-60, J-61, J-64, and J-162 or request air traffic control (ATC) radar vectors through the affected area. Additionally, IFR pilots operating aircraft equipped with area navigation (RNAV) capabilities in the high-altitude enroute structure could use RNAV route Q-178 or navigate point-to-point using the existing Fixes and waypoints (WP) that will remain in place to support continued operations though the affected area. IFR pilots operating aircraft equipped with RNAV capabilities in the low altitude enroute structure could also navigate point-to-point using the existing Fixes and WPs that will remain in place to support continued operations though the affected area. Visual flight rules pilots who elect to navigate via the affected VOR Federal Airway may also take advantage of the ATC services listed previously.

## The Proposal

The FAA is proposing to amend 14 CFR part 71 by amending Jet Route J-211 and revoking VOR Federal Airway V-41. The FAA is proposing this action due to the planned decommissioning of the VOR portion of the Youngstown, OH, VORTAC. The proposed ATS route actions are described below.

*J-211:*                     J-211 currently extends between the Youngstown, OH, VORTAC and the Westminster, MD, VORTAC. The FAA proposes to remove the airway segment between the Youngstown VORTAC and the Johnstown, PA, VOR/DME. Additionally, the route description is being reversed to reflect a south to north orientation consistent with odd numbered route description requirements. As amended, the route would be changed to extend between the Westminster VORTAC and the Johnstown VOR/DME.                

*V-41:*                     V-41 currently extends between the intersection of the Briggs, OH, VOR/DME 077° and Youngstown, OH, VORTAC 177° radials (CUTTA Fix) and the Youngstown VORTAC. The FAA proposes to remove the airway in its entirety.                

The NAVAID radials listed in the Jet Route J-211 description in the proposed regulatory text of this NPRM 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

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 2004 Jet Routes.

* * * * *

## J-211 [Amended]

From Westminster, MD; INT Westminster 292° and Johnstown, PA, 130° radials; to Johnstown.

* * * * *

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

* * * * *

## V-41 [Removed]

* * * * *

Issued in Washington, DC, on December 20, 2023.

Frank Lias,

Manager, Rules and Regulations Group.

[FR Doc. 2023-28513 Filed 12-26-23; 8:45 am]

BILLING CODE 4910-13-P