Federal Register / Vol. 87, No. 81 / Wednesday, April 27, 2022 / Proposed Rules 24903 

(b) Exempt positions. For purposes of 

this part an exempt position is any 

position for which a hiring agency is 

required by statutory authority to make 

inquiries into an applicant’s criminal 

history prior to extending an offer of 

employment to the applicant. 

Subpart B—Timing of Inquiries 

Regarding Criminal History 

§ 920.201 Limitations on criminal history 

inquiries. 

(a) Applicability. (1) An employee of 

an agency may not request, in oral or 

written form (including through the 

Declaration for Federal Employment 

(Office of Personnel Management 

Optional Form 306) or any similar 

successor form, the USAJOBS internet 

website, or any other electronic means) 

that an applicant for an appointment to 

a position in the civil service disclose 

criminal history record information 

regarding the applicant before the 

appointing authority extends a 

conditional offer to the applicant. This 

includes the following points in the 

recruitment and hiring process: 

(i) Initial application, through a job 

opportunity announcement on 

USAJOBS, or through any recruitment/ 

public notification such as on the 

agency’s website/social media, etc.; 

(ii) After an agency receives an initial 

application through its back-end system, 

through shared service providers/ 

recruiters/contractors, or orally or via 

email and other forms of electronic 

notification; and 

(iii) Prior to, during, or after a job 

interview. 

(2) This prohibition applies to agency 

personnel, including when they act 

through shared service providers, 

contractors involved in the agency’s 

recruitment and hiring process, or 

automated systems (specific to the 

agency or governmentwide). 

(b) Exceptions for certain positions. 

(1) The prohibition under paragraph (a) 

shall not apply with respect to an 

applicant for an appointment to a 

position: 

(i) Which is exempt in accordance 

with § 920.102(b); 

(ii) That requires a determination of 

eligibility for access to classified 

information; 

(iii) Has been designated as a sensitive 

position under the Position Designation 

System issued by OPM and the Office of 

Director of National Intelligence, which 

describes in greater detail agency 

requirements for designating positions 

that could bring about a material 

adverse effect on the national security; 

(iv) Is a dual-status military 

technician position in which an 

applicant or employee is subject to a 

determination of eligibility for 

acceptance or retention in the armed 

forces, in connection with concurrent 

military membership; or 

(v) Is a Federal law enforcement 

officer position meeting the definition 

in section 115(c) of title 18, U.S. Code. 

(2) The prohibition under this 

paragraph (a) shall not apply with 

respect to an applicant for a political 

appointment. 

(3) OPM may grant additional 

exceptions on a case-by-case basis only 

when an agency demonstrates specific 

job-related reasons why the agency 

needs to evaluate an applicant’s 

criminal history for a position prior to 

making a conditional offer, giving due 

consideration to positions that involve 

transactions with minors, access to 

sensitive information, or managing 

financial transactions. OPM will 

consider such factors as, but not limited 

to, the nature of the position being filled 

and whether a clean criminal history 

record would be essential to the ability 

to perform one of the duties of the 

position effectively. 

(c) Notification to applicants. Each 

agency must publicize to applicants the 

prohibition described in paragraph (a) of 

this section in job opportunity 

announcements and on agency 

websites/portals for positions that do 

not require a posting on USAJOBS, such 

as excepted service positions, and 

information on where it has posted its 

complaint intake process under part 754 

of this chapter. 

§ 920.202 Violations. 

(a) An agency employee may not 

request, orally or in writing, information 

about an applicant’s criminal history 

prior to making a conditional offer of 

employment to that applicant unless the 

position is exempted or excepted in 

accordance with § 920.201(b). 

(b) A violation (or prohibited action) 

as defined in paragraph (a) of this 

section occurs when agency personnel, 

shared service providers, or contractors 

involved in the agency’s recruitment 

and hiring process, either personally or 

through automated systems (specific to 

the agency or governmentwide), make 

oral or written requests prior to giving 

a conditional offer of employment— 

(1) In a job opportunity 

announcement on USAJOBS or in any 

recruitment/public notification such as 

on the agency’s website or social media; 

(2) In communications sent after an 

agency receives an initial application, 

through an agency’s talent acquisition 

system, shared service providers/ 

recruiters/contractors, orally or in 

writing (including via email and other 

forms of electronic notification); or 

(3) Prior to, during, or after a job 

interview or other applicant assessment. 

(c) When a prohibited request, 

announcement, or communication is 

publicly posted or simultaneously 

distributed to multiple applicants, it 

constitutes a single violation. 

(d) Any violation as defined in 

paragraph (a) of this section is subject to 

the complaint and penalty procedures 

in part 754 of this chapter. 

[FR Doc. 2022–08975 Filed 4–26–22; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2022–0434; Airspace 

Docket No. 19–AAL–69] 

RIN 2120–AA66 

Proposed Amendment of United States 

Area Navigation (RNAV) Route T–260; 

Nome, AK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend United States Area Navigation 

(RNAV) T-route, T–260 in the vicinity of 

Nome, AK. The RNAV amendments are 

necessary due to the planned 

decommissioning of the Tin City, AK, 

(TNC) Non-Directional Beacons (NDB)/ 

Distance Measuring Equipment (DME) 

and the Point Hope, AK, (PHO) NDB. 

Both NDBs will decommission as part of 

a large and comprehensive T-route 

modernization project for the state of 

Alaska. Although the Tin City, AK, 

(TNC) NDB will decommission, the colocated Distance Measuring Equipment 

(DME) will remain for use within the 

National Airspace System (NAS). 

DATES: Comments must be received on 

or before June 13, 2022. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590; telephone: (800) 

647–5527, or (202) 366–9826. You must 

identify FAA Docket No. FAA–2022– 

0434; Airspace Docket No. 19–AAL–69 

at the beginning of your comments. You 

may also submit comments through the 

internet at https://www.regulations.gov. 

FAA Order JO 7400.11F, Airspace 

Designations and Reporting Points, and 


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24904 Federal Register / Vol. 87, No. 81 / Wednesday, April 27, 2022 / Proposed Rules 

subsequent amendments can be viewed 

online at https://www.faa.gov/air_

traffic/publications/. For further 

information, you can contact the Rules 

and Regulations Group, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; telephone: (202) 267–8783. 

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:

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 

expand the availability of RNAV in 

Alaska and improve the efficient flow of 

air traffic within the NAS by lessoning 

the dependency on ground based 

navigation. 

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– 

2022–0434; Airspace Docket No. 19– 

AAL–69) 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 

https://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–2022–0434; Airspace 

Docket No. 19–AAL–69.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

All communications received on or 

before the specified comment closing 

date 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 

comment closing date. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

Availability of NPRM 

An electronic copy of this document 

may be downloaded through the 

internet at https://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s web page at https://

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 9:00 a.m. and 

5:00 p.m., Monday through Friday, 

except Federal holidays. An informal 

docket may also be examined during 

normal business hours at the office of 

the Western Service Center, Operations 

Support Group, Federal Aviation 

Administration, 2200 South 216th St., 

Des Moines, WA 98198. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document proposes to amend 

FAA Order JO 7400.11F, Airspace 

Designations and Reporting Points, 

dated August 10, 2021, and effective 

September 15, 2021. FAA Order JO 

7400.11F is publicly available as listed 

in the ADDRESSES section of this 

document. FAA Order JO 7400.11F lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

Background 

In 2003, Congress enacted the Vision 

100—Century of Aviation 

Reauthorization Act (Pub L., 108–176), 

which established a joint planning and 

development office in the FAA to 

manage the work related to the Next 

Generation Air Transportation System 

(NextGen). Today, NextGen is an 

ongoing FAA-led modernization of the 

nation’s air transportation system to 

make flying safer, more efficient, and 

more predictable. 

In support of NextGen, this proposal 

is part of a larger and comprehensive 

RNAV T-route modernization project in 

the state of Alaska. The project’s 

mission statement is ‘‘to modernize 

Alaska’s Air Traffic Service route 

structure using satellite based 

navigation. Development of new Troutes and optimization of existing Troutes will enhance safety, increase 

efficiency and access, and will provide 

enroute continuity that is not subject to 

the restrictions associated with ground 

based airway navigation.’’ As part of 

this project, the FAA evaluated the 

existing Colored airway structure for: (a) 

Direct replacement (i.e., overlay) with a 

T-route that offers a similar or lower 

Minimum Enroute Altitude (MEA) or 

Global Navigation Satellite System 

Minimum Enroute Altitude (GNSS 

MEA); (b) the replacement of the 

Colored airway with a T-route in an 

optimized but similar geographic area, 

while retaining similar or lower MEA; 

or (c) removal with no route structure 

(T-route) restored in that area because 

the value was determined to be 

insignificant. 

Industry and users have indicated a 

desire that the FAA transition the 

Alaskan enroute navigation structure 

away from any dependency on NDBs, 

and move to develop and improve the 

RNAV route structure. The FAA 

believes this request is time sensitive 

given the increasing number of NDBs 

that are currently and/or scheduled out 

of service, and the lack of an NDB 

acquisition, maintenance, or 

sustainment program, which forces 

aircraft flying under Instrument Flight 

Rules (IFR) that are without de-icing 

protection to fly at higher MEAs, with 

the potentially associated loss of safety. 

The FAA is proposing to amend 

RNAV T-route T–260. This proposed 

action is necessary due to the planned 

decommissioning of the Tin City, AK, 

(TNC) NDB and the Point Hope, AK, 

(PHO) NDB. Both NDBs will 

decommission as part of the RNAV 

modernization effort for the state of 

Alaska. The FAA proposes to replace 

the TNC and PHO, AK NDBs with the 

FEDEV and VANTY waypoints (WPs), 

respectively. Although the TNC NDB 

will decommission, the co-located DME 

will remain for use within the NAS. 

Further, this proposed amendment 

action would improve the RNAV 

satellite-based air traffic network in 

Alaska by planning for the future 

connectivity of future RNAV T-routes. 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 81 / Wednesday, April 27, 2022 / Proposed Rules 24905 

The Proposal 

The FAA is proposing an amendment 

to 14 CFR part 71 to amend RNAV route 

T–260 in the vicinity of Nome, AK in 

support of a large and comprehensive Troute modernization project in the state 

of Alaska. The proposed RNAV T-route 

amendment is described below. 

T–260: T–260 currently extends 

between the Point Hope, AK, (PHO) 

NDB and the NOME, AK, (OME) VHF 

Omnidirectional Radar/Distance 

Measuring Equipment (VOR/DME). The 

FAA proposes to replace the Point 

Hope, AK (PHO) NDB and the Tin City, 

AK, (TNC) NDB/DME with the VANTY 

and FEDEV WPs, respectively. The FAA 

also proposes to remove the COGNU, 

AK, WP from the legal description due 

to it having less than a 1 degree turn and 

is not required. As a result, T–260 

would extend between the VANTY, AK, 

WP and the Nome, AK, VOR/DME. 

United States Area Navigation Routes 

are published in paragraph 6011 of FAA 

Order JO 7400.11F dated August 10, 

2021 and effective September 15, 2021, 

which is incorporated by reference in 14 

CFR 71.1. The RNAV route listed in this 

document would be published 

subsequently in FAA Order JO 7400.11. 

FAA Order JO 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

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 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 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 7400.11F, 

Airspace Designations and Reporting 

Points, dated August 10, 2021, and 

effective September 15, 2021, is 

amended as follows: 

Paragraph 6011 United States Area 

Navigation Routes 

* * * * * 

T–260 Nome, AK (OME) to VANTY, AK [Amended] 

Nome, AK (OME) VOR/DME (Lat. 64°29′06.39′′ N, long. 165°15′11.43′′ W) 

FEDEV, AK WP (Lat. 65°33′37.84′′ N, long. 167°55′18.90′′ W) 

VANTY, AK WP (Lat. 68°20′40.64′′ N, long. 166°48′09.96 ′′ W) 

* * * * * 

Issued in Washington, DC, on April 20, 

2022. 

Scott M. Rosenbloom, 

Manager, Airspace Rules and Regulations. 

[FR Doc. 2022–08891 Filed 4–26–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2022–0436; Airspace 

Docket No. 22–ASW–1] 

RIN 2120–AA66 

Proposed Amendment and 

Establishment of Air Traffic Service 

(ATS) Routes; South Central United 

States 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend VHF Omnidirectional Range 

(VOR) Federal airways V–198, V–212, 

V–556, and V–558; amend Area 

Navigation (RNAV) route T–256; and 

establish RNAV route T–466. The FAA 

is proposing this action due to the 

planned decommissioning of the VOR 

portion of the Eagle Lake, TX (ELA), 

VOR/Distance Measuring Equipment 

(VOR/DME) navigational aid (NAVAID). 

The Eagle Lake VOR is being 

decommissioned in support of the 

FAA’s VOR Minimum Operational 

Network (MON) program. 

DATES: Comments must be received on 

or before June 13, 2022. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590; telephone: 

1(800) 647–5527, or (202) 366–9826. 

You must identify FAA Docket No. 

FAA–2022–0436; Airspace Docket No. 

22–ASW–1 at the beginning of your 

comments. You may also submit 

comments through the internet at 

https://www.regulations.gov. 

FAA Order JO 7400.11F, Airspace 

Designations and Reporting Points, and 

subsequent amendments can be viewed 

online at https://www.faa.gov/air_

traffic/publications/. For further 

information, you can contact the Rules 

and Regulations Group, 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 


lotter on DSK11XQN23PROD with PROPOSALS1