8410 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 

is not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant the 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(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 7400.11F, 

Airspace Designations and Reporting 

Points, dated August 10, 2021, and 

effective September 15, 2021, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ANM CO E5 Burlington, CO [Amended] 

Kit Carson County Airport, CO 

(Lat. 39°14′33′′ N, long. 102°17′07′′ W) 

That airspace extending upward from 700 

feet above the surface within 6.5-mile radius 

of the Kit Carson County Airport, and within 

a 7.0-mile radius of the airport from the 207° 

bearing from the airport clockwise to the 283° 

bearing from the airport, and within 2.6 miles 

on each side of the 160° bearing from the 

airport, extending from the 6.5-mile radius to 

8.5 miles south of the airport, and within 2.6 

miles on each side of the 326° bearing from 

the airport, extending from the 6.5-mile 

radius to 7.5 miles northwest of the airport, 

and within 1.0 mile on each side of the 340° 

bearing from the airport, extending from the 

6.5-mile radius to 10.8 miles north of the 

airport. 

Issued in Des Moines, Washington, on 

February 8, 2022. 

B.G. Chew, 

Acting Group Manager, Operations Support 

Group, Western Service Center. 

[FR Doc. 2022–03203 Filed 2–14–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2021–0479; Airspace 

Docket No. 21–AGL–5] 

RIN 2120–AA66 

Amendment of VOR Federal Airways 

V–170, V–175 and V–250; 

Establishment of Area Navigation 

(RNAV) Route T–400; in the Vicinity of 

Worthington, MN. 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; delay of effective 

date. 

SUMMARY: This action changes the 

effective date of a final rule published 

in the Federal Register on January 14, 

2022, amending VHF Omnidirectional 

Range (VOR) Federal airways V–170, V– 

175, and V–250, and establishing area 

navigation (RNAV) route T–400, due to 

the planned decommissioning of the 

VOR portion of the Worthington, MN, 

VOR/Distance Measuring Equipment 

(VOR/DME) navigational aid. The FAA 

is delaying the effective date to facilitate 

continued use of the current Air Traffic 

Procedures, while allowing sufficient 

time for redesign of the proposed 

procedures, in order to meet to required 

current procedure criteria. 

DATES: The effective date of the final 

rule published on January 14, 2022 (87 

FR 2322) is delayed until September 8, 

2022. The Director of the Federal 

Register approved this incorporation by 

reference action under Title 1 Code of 

Federal Regulations part 51, subject to 

the annual revision of FAA Order 

7400.11 and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: 

Jesse Acevedo, Rules and Regulations 

Group, Office of Policy, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA published a final rule in the 

Federal Register for Docket No. FAA– 

2021–0479 (87 FR 2322, January 14, 

2022), amending VOR Federal airways 

V–170, V–175, and V–250, and 

establishing RNAV route T–400, due to 

the planned decommissioning of the 

VOR portion of the Worthington, MN, 

VOR/DME. The effective date for that 

final rule is March 24, 2022. Subsequent 

to publication of the final rule, the 

Flight Standards Procedure Review 

Board (PRB) denied a waiver request to 

use a higher climb gradient than 

specified in current criteria for a portion 

of the Air Traffic Procedures that were 

revised in support of this action. The 

FAA is delaying the effective date to 

September 8, 2022 to facilitate 

continued use of the current Air Traffic 

Service procedures, while allowing 

sufficient time for the redesign of the 

proposed procedures, in order to meet 

the required current procedural criteria. 

To facilitate the safe and continuous 

use of existing air traffic procedures 

while the ATS route procedures are 

redesigned, the planned 

decommissioning date for the 

Worthington, MN, VOR has been 

postponed to September 8, 2022. The 

rule amending V–170, V–175, and V– 

250, and establishing area navigation T– 

400 is delayed to coincide with that 

date. 

VOR Federal airways and RNAV Troutes are published in paragraphs 

6010(a) and 6011, respectively, of FAA 

Order JO 7400.11F, dated August 20, 

2021, and effective September 15, 2021, 

which are incorporated by reference in 

14 CFR 71.1. The ATS routes listed in 

this document will be published 

subsequently in FAA Order JO 7400.11. 

FAA Order 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

Good Cause for No Notice and 

Comment 

Section 553(b)(3)(B) of Title 5, United 

States Code, (the Administrative 

Procedure Act) authorizes agencies to 

dispense with notice and comment 

procedures for rules when the agency 

for ‘‘good cause’’ finds that those 

procedures are ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ Under this section, an agency, 

upon finding good cause, may issue a 

final rule without seeking comment 

prior to the rulemaking. The FAA finds 

that prior notice and public comment to 

this final rule is unnecessary due to the 

brief length of the extension of the 

effective date and the fact that there is 

no substantive change to the rule.’’ 

Delay of Effective Date 

Accordingly, pursuant to the 

authority delegated to me, the effective 

date of the final rule, Airspace Docket 

21–AGL–5, as published in the Federal 

Register on January 14, 2022 (87 FR 

2322), FR Doc. 2022–00457, is hereby 

delayed until September 8, 2022. 

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. 


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Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 8411 

Issued in Washington, DC, on February 9, 

2022. 

Michael R. Beckles, 

Manager, Rules and Regulations Group. 

[FR Doc. 2022–03129 Filed 2–14–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 12 

[Docket No. RM20–9–000; Order No. 880] 

Safety of Water Power Projects and 

Project Works 

AGENCY: Federal Energy Regulatory 

Commission, Department of Energy. 

ACTION: Final rule; correction. 

SUMMARY: The Federal Energy 

Regulatory Commission (Commission) is 

correcting a final rule that appeared in 

the Federal Register on January 11, 

2022. The final rule revised the 

Commission’s regulations governing the 

safety of hydroelectric projects licensed 

by the Commission under the Federal 

Power Act. 

DATES: The rule is effective April 11, 

2022. 

FOR FURTHER INFORMATION CONTACT: Tara 

DiJohn (Legal Information), Office of the 

General Counsel, Federal Energy 

Regulatory Commission, 888 First Street 

NE, Washington, DC 20426, (202) 502– 

8671, tara.dijohn@ferc.gov. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

2021–27736 appearing on pages 1490– 

1520, in the Federal Register of 

Tuesday, January 11, 2022, the 

following corrections are made: 

§ 12.3 [Corrected] 

■ 1. On page 1513, in the second 

column, in amendatory instruction 2.b. 

for § 12.3, the instruction 

‘‘Redesignating paragraph (b)(4)(xiii) as 

(b)(4)(xix);’’ is corrected to read 

‘‘Redesignating paragraph (b)(4)(xiii) as 

paragraph (b)(4)(xiv);’’. 

■ 2. On page 1514, in the second 

column, in amendatory instruction 4 for 

§ 12.10, paragraph (a)(1) and the first 

sentence of paragraph (a)(2) are 

corrected to read as follows: 

§ 12.10 [Corrected] 

(a) * * * (1) Initial reports. An 

applicant or licensee must report by 

email or telephone to the Regional 

Engineer any condition affecting the 

safety of a project or projects works, as 

defined in § 12.3(b)(4). The initial report 

must be made as soon as practicable 

after that condition is discovered, 

preferably within 72 hours, without 

unduly interfering with any necessary 

or appropriate emergency repair, alarm, 

or other emergency action procedure. 

(2) * * * Following the initial report 

required in paragraph (a)(1) of this 

section, the applicant or licensee must 

submit to the Regional Engineer a 

written report on the condition affecting 

the safety of the project or project works 

verified in accordance with § 12.13. 

* * * 

* * * * * 

§§ 12.40 through 12.44 [Redesignated as 

§§ 12.50 through 12.54] [Corrected]. 

■ 3. On page 1519, in the second 

column, remove amendatory instruction 

10. 

■ 4. On page 1515, in the first column, 

redesignate amendatory instruction 9, 

revising subpart D to part 12, as 

amendatory instruction 10. 

■ 5. On page 1515, in the first column, 

add a new amendatory instruction 9 to 

read as follows: 

§§ 12.40 through 12.44 [Redesignated as 

§§ 12.50 through 12.54] 

■ 9. Redesignate §§ 12.40 through 12.44 

as §§ 12.50 through 12.54, respectively. 

§ 12.31 [Corrected] 

■ 6. Starting on page 1515, in the second 

column, § 12.31 is corrected as follows: 

■ i. On page 1515, in the second 

column, in paragraph (d), the term 

‘‘Gross storage capacity’’ is corrected to 

read ‘‘Gross storage capacity’’. 

■ ii. On page 1515, in the third column, 

in paragraph (e), the term ‘‘Periodic 

inspection’’ is corrected to read 

‘‘Periodic inspection’’. 

■ iii. On page 1515, in the third column, 

in paragraph (f), the term 

‘‘Comprehensive assessment’’ is 

corrected to read ‘‘Comprehensive 

assessment’’. 

■ iv. On page 1515, in the third column, 

in paragraph (g), the term ‘‘Previous Part 

12D Inspection’’ is corrected to read 

‘‘Previous Part 12D Inspection’’. 

■ v. On page 1515, in the third column, 

in paragraph (h), the term ‘‘Previous 

Part 12D Report’’ is corrected to read 

‘‘Previous Part 12D Report’’. 

Dated: February 8, 2022. 

Debbie-Anne A. Reese, 

Deputy Secretary. 

[FR Doc. 2022–03072 Filed 2–14–22; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

23 CFR Part 1 

RIN 2125–AG04 

Diversion of Highway Revenues; 

Removal of Obsolete Regulation 

AGENCY: Federal Highway 

Administration (FHWA), U.S. 

Department of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: Through this final rule, 

FHWA will remove a regulation from 

the CFR that has been rendered obsolete 

by the passage of subsequent legislation. 

The FHWA believes that because the 

underlying statutory authority for this 

regulation has substantially changed 

since adopted, this final rule eliminates 

any confusion that may be caused by its 

existence in the CFR. 

DATES: This final rule is effective 

February 15, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Steven Frankel, Office of Budget 

(HCFB–10), (202) 366–9649, or via email 

at Steven.Frankel@dot.gov or Adam 

Sleeter, Office of the Chief Counsel, 

(202) 366–8839, or via email at 

Adam.Sleeter@dot.gov. Office hours are 

from 8 a.m. to 4:30 p.m., e.t., Monday 

through Friday, except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access and Filing 

This document may be viewed online 

under the docket number noted above 

through the Federal eRulemaking portal 

at: www.regulations.gov. An electronic 

copy of this document may also be 

downloaded from the Office of the 

Federal Register’s website at: 

www.federalregister.gov and the 

Government Publishing Office’s website 

at: www.GovInfo.gov. 

Background 

The regulation at 23 CFR 1.28 is 

obsolete. It relates to the 

implementation of a provision of law 

that was repealed in 1998. Prior to 1998, 

23 U.S.C. 126 contained a provision that 

required the reduction of Federal-aid 

Highway Program apportionments 

(funds distributed by statutory formula) 

to a State if the State diverted State 

vehicle-related fees and taxes for uses 

other than construction, improvement, 

and maintenance of highways. This 

provision of law was repealed by 

Section 1226(d) of Public Law (Pub. L.) 

105–178 (‘‘Transportation Equity Act for 

the 21st Century’’ or TEA–21), as added 

by Public Law 105–206, title IX, sec. 


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