37104 Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations 

military activity in the MOA cannot be 

provided by ATC. The guidance 

describing this procedure is published 

in FAA Order 7110.65, Air Traffic 

Control, and the Aeronautical 

Information Manual for controller and 

pilot awareness, respectively. 

Additionally, although pilots operating 

under visual flight rules (VFR) should 

exercise extreme caution while flying 

within a MOA when military activity is 

being conducted, MOAs are not 

restrictive to VFR aircraft, which opt to 

fly the same routing as a VOR Federal 

airway, at VFR altitudes, through an 

active MOA. Removing the SUA 

exclusionary language contained in the 

V–55 and V–169 legal descriptions, 

which is redundant to existing ATC 

procedures does not affect the 

operational use or services provided by 

ATC to aircraft operating on the 

airways. 

Accordingly, since this amendment is 

administrative in nature, having no 

impact to the operational use or ATC 

services provided to pilots flying on V– 

55 and V–169, notice and public 

procedures under Title 5 U.S.C. 553(b) 

are unnecessary. 

The Rule 

The FAA amends Title 14, Code of 

Federal Regulations part 71 by 

amending the legal descriptions of VOR 

Federal airways V–55 and V–169 in the 

vicinity of Devils Lake, ND. Specifically, 

the FAA amends the V–55 description 

by removing the exclusionary language 

associated with the Devils Lake East 

MOA and amends the V–169 

description by removing the 

exclusionary language associated with 

the Devils Lake West MOA. 

VOR Federal airways are listed in 

paragraph 6010 of FAA Order 7400.9W 

dated August 8, 2012, and effective 

September 15, 2012, which is 

incorporated by reference in 14 CFR 

71.1. The VOR Federal airways listed in 

this document will be revised 

subsequently 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 amends 

existing VOR Federal airways 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 311a, 

FAA Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures.’’ 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 

■ 1. The authority citation for 14 CFR 

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. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9W, 

Airspace Designations and Reporting 

Points, dated August 8, 2012, and 

effective September 15, 2012, is 

amended as follows: 

Paragraph 6010 VOR Federal Airways. 

(a) Domestic VOR Federal airways. 

* * * * * 

V–55 

From Dayton, OH; Fort Wayne, IN; Goshen, 

IN; Gipper, MI; Keeler, MI; Pullman, MI; 

Muskegon, MI; INT Muskegon 327° and 

Green Bay, WI, 116° radials; Green Bay; 

Stevens Point, WI; INT Stevens Point 281° 

and Eau Claire, WI, 107° radials; Eau Claire; 

Siren, WI; Brainerd, MN; Park Rapids, MN; 

Grand Forks, ND; INT Grand Forks 239° and 

Bismarck, ND, 067° radials; to Bismarck. 

* * * * * 

V–169 

From Tobe, CO; 69 MSL, Hugo, CO; 38 

miles, 67 MSL, Thurman, CO; Akron, CO; 

Sidney, NE; Scottsbluff, NE; Toadstool, NE; 

Rapid City, SD; Dupree, SD; Bismarck, ND; 

to Devils Lake, ND. 

Issued in Washington, DC, June 13, 2013. 

Gary A. Norek, 

Manager, Airspace Policy and ATC 

Procedures Group. 

[FR Doc. 2013–14657 Filed 6–19–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2013–0081; Airspace 

Docket No. 12–AEA–5] 

RIN 2120–AA66 

Establishment of Area Navigation 

(RNAV) Routes; Washington, DC 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: This action corrects a final 

rule published by the FAA in the 

Federal Register on May 21, 2013, that 

establishes five RNAV routes in support 

of the Washington, DC, Optimization of 

Airspace and Procedures in a Metroplex 

project. This correction changes the 

name of one waypoint (WP) in the legal 

descriptions of RNAV routes T–291 and 

T–295. 

DATES: Effective date 0901 UTC, August 

22, 2013. 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. 

FOR FURTHER INFORMATION CONTACT: Paul 

Gallant, Airspace Policy and ATC 

Procedures Group, Office of Airspace 

Services, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

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Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations 37105 

Background 

On May 21, 2013, the FAA published 

a final rule in the Federal Register 

establishing five RNAV routes in the 

Washington, DC area (78 FR 29615). 

Subsequent to publication, it was 

determined that the name of the 

MORTY, MD WP (which is common to 

the legal descriptions of RNAV routes 

T–291 and T–295) needs to be changed 

due to its proximity to a similar 

sounding and spelled fix, MORTO. 

Potential safety concerns were 

identified due to the possibility for 

confusion of the points in radio 

communications and onboard Flight 

Management System data entry. To 

resolve this concern, the FAA is 

changing the name ‘‘MORTY, MD’’ to 

‘‘BAABS, MD’’ in the descriptions of T– 

291 and T–295. This is a name change 

only. The latitude/longitude coordinates 

remain the same. 

Area Navigation Routes are published 

in paragraph 6011 of FAA Order 

7400.9W, dated August 8, 2012, and 

effective September 15, 2012, which is 

incorporated by reference in 14 CFR 

71.1. The RNAV routes listed in this 

document will be published 

subsequently in the Order. 

Correction to Final Rule 

Accordingly, pursuant to the 

authority delegated to me, the name 

‘‘MORTY, MD WP’’ as published in the 

Federal Register on May 21, 2013 (78 

FR 29615; FR Doc. 2013–11969) for 

RNAV routes T–291 and T–295, is 

corrected under the descriptions as 

follows: 

Paragraph 6011—United States Area 

Navigation Routes 

* * * * * 

T–291 [Corrected] 

On page 29616, line 36, Remove ‘‘MORTY, 

MD WP (Lat. 39°19′51′′ N., long. 076°24′41′′ 

W.)’’ and insert ‘‘BAABS, MD WP (Lat. 

39°19′51′′ N., long. 076°24′41′′ W.)’’ 

T–295 [Corrected] 

On page 29616. Line 40, Remove ‘‘MORTY, 

MD WP (Lat. 39°19′51′′ N., long. 076°24′41′′ 

W.)’’ and insert ‘‘BAABS, MD WP (Lat. 

39°19′51′′ N., long. 076°24′41′′ W.)’’ 

Issued in Washington, DC, on June 13, 

2013. 

Gary A. Norek, 

Manager, Airspace Policy and ATC 

Procedures Group. 

[FR Doc. 2013–14658 Filed 6–19–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2012–0971; Airspace 

Docket No. 12–ASO–31] 

RIN 2120–AA66 

Modification of VOR Federal Airway 

V–537, GA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action modifies VHF 

omnidirectional range (VOR) Federal 

airway V–537 in Georgia due to the 

scheduled decommissioning of the 

Moultrie, GA, VOR/DME navigation aid 

which currently forms a point along the 

route. 

DATES: Effective date 0901 UTC, August 

22, 2013. 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. 

FOR FURTHER INFORMATION CONTACT: Paul 

Gallant, Airspace Policy and ATC 

Procedures Group, Office of Airspace 

Services, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

History 

On October 15, 2012, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to modify V–537 in Georgia (77 FR 

62468). Interested parties were invited 

to participate in this rulemaking effort 

by submitting written comments on this 

proposal to the FAA. No comments 

were received. 

Subsequently, a flight inspection was 

conducted to evaluate the usability of 

the proposed amended portion of V– 

537. That flight inspection found a 

portion of the originally proposed route 

amendment to be unsatisfactory. 

Specifically, a radial from the Macon, 

GA, VORTAC that had been planned to 

form an intersection along the route 

between the Greenville, FL, VORTAC 

and the Macon, GA, VORTAC, did not 

pass the expanded service volume 

validation. After considering other 

alternatives, the FAA opted to propose 

terminating V–537 at the Greenville 

VORTAC and eliminate the segment 

between Greenville and Macon. The 

FAA issued a supplemental NPRM 

(SNPRM) (78 FR 21856, April 12, 2013) 

to reopen the comment period and 

solicit comments on the proposed 

further modification of V–537. No 

comments were received in response the 

SNPRM. 

The Rule 

The FAA is amending Title 14, Code 

of Federal Regulations (14 CFR) part 71 

to modify VOR Federal airway V–537 

due to the scheduled decommissioning 

of the Moultrie, GA, VOR/DME, which 

currently forms a point along the route. 

This action modifies V–537 by 

eliminating the route segments between 

the Greenville, FL, VORTAC and the 

Macon, GA, VORTAC. The modified V– 

537 extends between Palm Beach, FL, 

and Greenville, FL. 

VOR Federal airways are published in 

paragraph 6010(a) of FAA Order 

7400.9W signed August 8, 2012 and 

effective September 15, 2012, which is 

incorporated by reference in 14 CFR 

71.1. The VOR Federal airway listed in 

this document will be published 

subsequently 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 a VOR Federal airway to 

enhance the efficiency of the National 

Airspace System in the southeast United 

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