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[Federal Register: May 5, 2010 (Volume 75, Number 86)]
[Proposed Rules]               
[Page 24504-24505]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05my10-27]                         

[[Page 24504]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0241; Airspace Docket No. 10-AGL-4]
RIN 2120-AA66

 
Proposed Modification of VOR Federal Airways V-82, V-175, V-191, 
and V-430 in the Vicinity of Bemidji, MN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify the legal description of VHF 
Omnidirectional Range (VOR) Federal Airways V-82, V-175, V-191, and V-
430 in the vicinity of Bemidji, MN. The Bemidji (BJI) VOR, navigation 
aid that forms a segment of these airways has been out of service for 
over two years due to terrain and new construction signal interference 
problems and is planned for decommissioning. An airway intersection 
reporting point is being established in the same location as the BJI 
VOR to restore a navigable route structure to the area similar to what 
existed prior to the loss of service from the navigation aid.

DATES: Comments must be received on or before June 21, 2010.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue SE., 
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001; 
telephone: (202) 366-9826. You must identify FAA Docket No. FAA-2010-
0241 and Airspace Docket No. 10-AGL-4 at the beginning of your 
comments. You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace and Rules 
Group, Office of System Operations Airspace and AIM, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591; 
telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments as they 
may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No. 
FAA-2010-0241 and Airspace Docket No. 10-AGL-4) and be submitted in 
triplicate to the Docket Management Facility (see ADDRESSES section for 
address and phone number). You may also submit comments through the 
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments 
on this action must submit with those comments a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to FAA Docket No. FAA-2010-0241 and Airspace Docket No. 10-AGL-4.'' The 
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date 
for comments will be considered before taking action on the proposed 
rule. The proposal contained in this action may be changed in light of 
comments received. All comments submitted will be available for 
examination in the public docket both before and after the closing date 
for comments. A report summarizing each substantive public contact with 
FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the 
Internet at http://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's Web page at http://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 
Office (see ADDRESSES section for address and phone number) between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. An 
informal docket may also be examined during normal business hours at 
the office of the Central Service Center, Operations Support Group, 
Federal Aviation Administration, 2601 Meacham Blvd., Fort Worth, TX 
76137.
    Persons interested in being placed on a mailing list for future 
NPRMs should contact the FAA's Office of Rulemaking, (202) 267-9677, 
for a copy of Advisory Circular No. 11-2A, Notice of Proposed 
Rulemaking Distribution System, which describes the application 
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal 
Regulations (14 CFR) part 71 to modify V-82, V-175, V-191, and V-430 in 
the vicinity of Bemidji, MN. The BJI VOR navigation aid, used in each 
of these airways, has been out of service for over two years due to 
excessive bends, roughness, and scalloping on all radials below 5,000 
feet Mean Sea Level (MSL), and was removed from service in April 2007. 
The FAA had trees removed within 1,000 feet of the navigation aid, but 
no improvement was noted. As a result, the BJI VOR, MN, is scheduled 
for decommissioning on July 29, 2010.
    Since V-82, V-175, V-191, and V-430 are currently not useable in 
the vicinity of the BJI VOR, air traffic control must vector aircraft 
in this area until the aircraft reaches a useable segment of the 
airways. To restore the navigable airway structure in the vicinity of 
Bemidji, MN, the FAA is proposing to establish the BLUOX fix in the 
same location currently depicting the BJI VOR navigation aid. 
Specifically, the proposed modification to V-82 and V-175 replaces the 
BJI VOR with an intersection point defining the BLUOX fix. The proposed 
modification to V-191 terminates the airway at the Grand Rapids VOR 
(GPZ), MN, since the modified V-430, as proposed below, would provide 
service to the same segments of V-191 being eliminated. Lastly, the 
proposed modification to V-430 reroutes the airway between BLUOX fix 
and Grand Forks VOR (GFK), ND, over the Thief River Falls VOR (TVF), 
MN. The reroute is necessary due to the GFK VOR signal not being strong 
enough to establish the intersection point defining the BLUOX fix 
between the GFK VOR and the GPZ VOR.
    VOR Federal airways are published in paragraph 6010(a) of FAA Order 
7400.9T signed August 27, 2009 and effective September 15, 2009, which 
is incorporated by reference in 14 CFR 71.1. The VOR Federal Airways 
listed in this document would be subsequently published in the Order.
    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. 
Therefore, this proposed 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)

[[Page 24505]]

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.
    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 VOR Federal Airways in the vicinity of Bemidji, MN.

Environmental Review

    This proposal will be subject to an environmental analysis in 
accordance with FAA Order 1050.1E, ``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 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.

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the FAA Order 
7400.9T, Airspace Designations and Reporting Points, signed August 27, 
2009, and effective September 15, 2009, is amended as follows:

Paragraph 6010(a)--Domestic VOR Federal Airways

* * * * *

V-82 [Modified]

    From Baudette, MN; INT Baudette 194[deg]T (190[deg]M) and 
Brainerd, MN, 331[deg]T (328[deg]M) radials; Brainerd; Gopher, MN; 
Farmington, MN; Rochester, MN; Nodine, MN; to Dells, WI.
* * * * *

V-175 [Modified]

    From Malden, MO; Vichy, MO; Hallsville, MO; Macon, MO; 
Kirksville, MO; Des Moines, IA; Sioux City, IA; Worthington, MN; 
Redwood Falls, MN; Alexandria, MN; Park Rapids, MN; INT Park Rapids 
003[deg]T (359[deg]M) and Roseau, MN, 160[deg]T (155[deg]M) radials; 
Roseau; to Winnipeg, MB, Canada. The airspace within Canada is 
excluded.
* * * * *

V-191 [Modified]

    From Troy, IL; Decatur, IL; Roberts, IL; INT Roberts 008[deg]T 
(006[deg]M) and Joliet, IL, 067[deg]T (065[deg]M) radials; 
Northbrook, IL; Badger, WI; Oshkosh, WI; Rhinelander, WI; Ironwood, 
MI; Duluth, MN; Hibbing, MN; to Grand Rapids, MN.
* * * * *

V-430 [Modified]

    From Cut Bank, MT, 10 miles, 74 miles 55 MSL; Harve, MT, 14 
miles, 100 miles 50 MSL; Glasgow, MT; INT Glasgow 100[deg]T 
(086[deg]M) and Williston, ND, 263[deg]T (251[deg]M) radials, 22 
miles, 33 miles 55 MSL, Williston; Minot, ND; Devils Lake, ND; Grand 
Forks, ND; Thief River Falls, MN; INT Thief River Falls 122[deg]T 
(114[deg]M) and Grand Rapids, MN, 292[deg]T (286[deg]M) radials; 
Grand Rapids; Duluth, MN; Ironwood, MI; Iron Mountain, MN; to 
Escanaba, MI.

    Issued in Washington, DC, on April 29, 2010.
Paul Gallant,
Acting Manager, Airspace and Rules Group.
[FR Doc. 2010-10468 Filed 5-4-10; 8:45 am]
BILLING CODE 4910-13-P
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