Federal Register / Vol. 87, No. 95 / Tuesday, May 17, 2022 / Rules and Regulations 29825 

a significant environmental impact 

requiring further analysis. The FAA has 

determined that no extraordinary 

circumstances exist that warrant 

preparation of an environmental 

assessment or environmental impact 

study. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

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 3000 Class B Airspace. 

ACE MO B Kansas City, MO 

Kansas City International Airport, MO 

(Primary Airport) 

(Lat. 39°17′51′′ N, long. 094°42′50′′ W) 

Noah’s Ark Airport, MO (Pvt) 

(Lat. 39°13′50′′ N, long. 094°48′16′′ W) 

Sherman Army Airfield, KS 

(Lat. 39°22′03′′ N, long. 094°54′52′′ W) 

Boundaries. 

Area A. That airspace extending upward 

from the surface to and including 8,000 feet 

MSL within a 6-mile radius of the Kansas 

City International Airport, excluding that 

airspace within a 1-mile radius arc of Noah’s 

Ark Airport and that airspace between the 4- 

mile radius arc and 6-mile radius arc of the 

Kansas City International Airport, bounded 

on the south by a line parallel to, and 2 miles 

north of the Kansas City International Airport 

Runway 9 ILS localizer course, and on the 

north by a line parallel to, and 2 miles west 

of the Kansas City International Airport 

Runway 19R ILS localizer course. 

Area B. That airspace extending upward 

from 2,400 feet MSL to and including 8,000 

feet MSL within a 10-mile radius of the 

Kansas City International Airport, excluding 

that airspace designated as Area A, that 

airspace within a 11⁄2-mile radius arc of 

Sherman Army Airfield, and that airspace 

bounded by lat. 39°08′00′′ N, long. 94°40′34′′ 

W located on the 10-mile radius arc of the 

Kansas City International Airport, then 

northeastward to lat. 39°11′30′′ N, long. 

94°37′00′′ W, then eastward to lat. 39°12′04′′ 

N, long. 94°32′20′′ W located on the 10-mile 

radius arc of the Kansas City International 

Airport, then clockwise along the 10-mile 

radius arc of the Kansas City International 

Airport to lat. 39°08′00′′ N, long. 94°40′34′′ 

W. 

Area C. That airspace extending upward 

from 3,000 feet MSL to and including 8,000 

feet MSL within a 15-mile radius of the 

Kansas City International Airport, excluding 

that airspace designated as Area A and Area 

B, and that airspace bounded by lat. 

39°02′56′′ N, long. 094°40′44′′ W located at 

the intersection of Interstate Highway 635 

and the 15-mile radius arc of the Kansas City 

International Airport, then northward to lat. 

39°08′00′′ N, long. 94°40′34′′ W located on the 

10-mile radius arc of the Kansas City 

International Airport, then northeastward to 

lat. 39°11′30′′ N, long. 94°37′00′′ W, then 

eastward over lat. 39°12′04′′ N, long. 

94°32′20′′ W located on the 10-mile radius 

arc of the Kansas City International Airport 

to lat. 39°13′00′′ N, long. 094°24′34′′ W 

located on the 15-mile radius arc of the 

Kansas City International Airport, then 

clockwise along the 15-mile radius arc of the 

Kansas City International Airport to lat. 

39°02′56′′ N, long. 094°40′44′′ W. 

Area D. That airspace extending upward 

from 4,000 feet MSL to and including 8,000 

feet MSL within a 20-mile radius of the 

Kansas City International Airport excluding 

that airspace designated as Area A, Area B, 

and Area C. 

* * * * * 

Issued in Washington, DC. 

Scott M. Rosenbloom, 

Manager, Rules and Regulations Group. 

[FR Doc. 2022–10555 Filed 5–16–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2021–1093; Airspace 

Docket No. 21–ASO–8] 

RIN 2120–AA66 

Amendment and Removal of VOR 

Federal Airways; Southeastern United 

States 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: In the proposed rule for this 

action, the FAA proposed to amend 11 

VHF Omnidirectional Radar (VOR) 

Federal airways and remove 6 airways 

in support of the VOR Minimum 

Operational Network (MON) project in 

the southeastern United States. 

However, due to need for additional 

coordination with the Department of 

Defense (DoD), modifications of 9 

airways will be made at a later date. 

Eight airways remain in this rule with 

some changes from the proposed route 

structure. 

DATES: Effective date 0901 UTC, July 14, 

2022. 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 JO 7400.11 and publication of 

conforming amendments. 

ADDRESSES: 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: Paul 

Gallant, 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 route structure as necessary 

to preserve the safe and efficient flow of 

air traffic within the National Airspace 

System (NAS). 

History 

The FAA published a notice of 

proposed rulemaking for Docket No. 

FAA–2021–1093 in the Federal Register 

(86 FR 72897; December 23, 2021), to 

modify 11 VOR Federal airways and 

remove 6 airways in the southeastern 

United States. Interested parties were 

invited to participate in this rulemaking 

effort by submitting written comments 

on the proposal. Four persons submitted 

comments. 

Domestic VOR Federal airways are 

published in paragraph 6010(a) of FAA 

Order JO 7400.11F, dated August 10, 

2021 and effective September 15, 2021, 

which is incorporated by reference in 14 


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29826 Federal Register / Vol. 87, No. 95 / Tuesday, May 17, 2022 / Rules and Regulations 

CFR 71.1. The VOR Federal airways 

listed in this document will be 

subsequently published in, or removed 

from FAA Order JO 7400.11. 

Discussion of Comments 

All commenters opposed the removal 

of VOR Federal airways unless they are 

replaced by Area Navigation (RNAV) T 

routes, or there are suitable existing 

routes to be used as alternatives. The 

commenters wrote that the lack of 

replacement routes would hurt 

efficiency, and limit pilots’ ability to 

flight plan for lower altitudes, especially 

when necessary to avoid inflight icing 

conditions. They stated that T routes 

and VOR airways provide minimum en 

route altitudes (MEA) that are depicted 

on aeronautical charts. Pilots can rely 

on these routes for safe navigation. 

However, a lack of suitable charted 

routes would require more reliance on 

random route navigation, which would 

require pilots to plan a flight using the 

Off Route Obstacle Clearance Altitude 

(OROCA), which may be much higher 

than a published MEA. 

Additionally, the DoD has not yet 

provided comments on the route 

structure changes proposed in the 

NPRM, and requested the FAA not 

remove any route structure pending 

DoD review. 

The Federal Aviation Administration 

recognizes the challenges associated 

with the modification or removal of 

airways in support of the VOR MON 

project, and the transition of the NAS to 

performance-based navigation. 

As a result, pending further 

evaluation and DoD feedback, the FAA 

has not included the following airways 

in this final rule: V–5, V–20, V–51, V– 

70, V–155, V–179, V–243, V–267 and V– 

578. Modification of these airways will 

be made in subsequent actions at a later 

date. They will remain as currently 

shown on aeronautical charts pending 

later action. 

Consequently, only the following 

airway modifications are implemented 

by this rule: V–35, V–56, V–66, V–97, 

V–154, V–323, and V–454. The route 

descriptions differ from those that were 

published in the NPRM and are 

described in the ‘‘Differences from the 

NPRM’’ section. In addition, T route 

substitutions for the affected routes are 

added in that section. The rule also 

removes airway V–362 as proposed in 

the NPRM. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document amends 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. 

Differences From the NPRM 

Based on comments received and 

continuing coordination with the 

Department of Defense, this docket 

action is revised to facilitate only those 

structural changes necessary due to the 

scheduled decommissioning of the 

Atlanta, GA, (ATL); Crimson, AL, (LDK); 

and Macon, GA, (MCN) VORTACs. 

The proposed changes to the 

following airways are not included in 

this final rule and will be slipped to a 

subsequent docket action at a later date: 

V–5, V–20, V–51, V–70, V–155, V–179, 

V–243, V–267, and V–578. These 

airways will remain in place as 

currently depicted on IFR En Route 

Charts. 

Airway actions for V–35, V–56, V–66, 

V–97, V–154, V–323, and V–454 are 

included in this final rule, but with 

changes to the descriptions that were 

published in the NPRM, as noted below. 

In addition, changes to V–362 are as 

published in the NPRM. 

The Rule 

This action amends 14 CFR part 71 by 

modifying the following VOR Federal 

airways: V–35, V–56, V–66, V–97, V– 

154, V–323, V–362, and V–454 as 

described below. 

V–35: V–35 currently consists of two 

parts: From Dolphin, FL to Morgantown, 

WV; and From Phillipsburg, PA, to 

Syracuse, NY. This action removes the 

segments between Pecan, GA and the 

intersection of the Dublin, GA 309° and 

the Athens, GA 195° radials (the SINCA, 

GA, FIX on aeronautical charts). The 

segments between the SINCA Fix and 

Glade Spring, VA, are retained, but the 

SINCA FIX is redefined as the 

intersection of the Dublin, GA, and 

Athens, GA radials due to the 

decommissioning of the Macon, GA, 

VORTAC. As amended, V–35 consists of 

three parts: From Dolphin, FL, to Pecan, 

GA; From the intersection of the above 

Dublin, GA and Athens, GA radials 

(SINCA FIX); to Morgantown, WV, and 

From Philipsburg, PA to Syracuse, NY. 

A new T route (T–423) will overlay V– 

35 from Sugarloaf Mountain, NC, to 

Charleston, WV. In addition, the words 

‘‘The airspace below 2,000 feet MSL 

outside the United States is excluded,’’ 

and ‘‘The portion outside the United 

States has no upper limit,’’ are removed 

from the route description. A review of 

aeronautical charts shows that V–35 

does not extend outside the U.S. 

territorial limit, therefore these 

exclusions are not necessary. 

V–56: V–56 currently extends from 

Montgomery, AL, to New Bern, NC. This 

action removes the segments from 

Montgomery, AL, to Colliers, SC. The 

routing from Colliers, SC to New Bern, 

NC is retained. A new T route (T–404) 

will overlay V–56 from Macon, GA, to 

Columbia, SC. As amended, V–56 

extends from Colliers, SC, to New Bern, 

NC. 

V–66: V–66 currently consists of two 

parts: From Mission, Bay, CA, to 

Millsap, TX; and From Crimson, AL, to 

Franklin, VA. The segments from 

Crimson, AL, to Brookwood, AL; and 

from LaGrange, GA to Sandhills, NC are 

removed. The segment from Brookwood, 

AL, to LaGrange, GA, is retained. An 

extension of T route T–258 will overlay 

V–66 from Crimson, AL, to Sandhills, 

NC. As amended, V–66 consists of three 

parts: From Mission Bay, CA, to 

Millsap, TX (as currently charted); From 

Brookwood, AL, to LaGrange, GA; and 

From Sandhills, NC, to Franklin, VA. 

V–97: V–97 currently consists of two 

parts: From Dolphin, FL, to the 

intersection of the Chicago Heights, IL, 

358° and the Dupage, IL, 101° radials; 

and From Nodine, MN, to Gopher, MN. 

This action removes the route segments 

between the intersection of the Pecan, 

GA, 357° and the Vienna, GA, 300° 

radials (the charted PRATZ FIX) and the 

intersection of the Rome, GA, 060° and 

the Volunteer, TN 197° radials (the 

charted NELLO FIX). T route T–319 

currently exists through the Atlanta 

Class B airspace area and serves as an 

overlay for a portion of V–97 that is 

being removed across Atlanta, GA. As 

amended, V–97 consists of three parts: 

From Dolphin, FL, to the intersection of 

the Pecan, GA, 357° and the Vienna, 

GA, 300° radials; From the intersection 

of the Rome, GA 060° and the 

Volunteer, TN, 197° radials to the 

intersection of the Chicago Heights 358° 

and DuPage, IL 101° radials; and From 

Nodine, MN, to Gopher, MN. The 

airspace below 2,000 feet MSL outside 

the United States is excluded. 

V–154: V–154 currently extends from 

Rome, GA, to Savannah, GA. The NPRM 

proposed to remove the entire route. 

The FAA has decided to retain V–154 

with the following changes. Due to the 

scheduled decommissioning of the 

Macon, GA, VORTAC, the point 

currently defined by the intersection of 

the Rome, GA 166° and the Macon, GA, 

301° radials (charted as the TIROE FIX), 

is redefined using the intersection of the 

Rome 166° and the LaGrange, GA, 048° 

radials. T route T–408 will overlay V– 

154 from Macon, GA, to Savannah, GA. 


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Federal Register / Vol. 87, No. 95 / Tuesday, May 17, 2022 / Rules and Regulations 29827 

This rule amends V–154 to consist of 

two parts: From Rome, GA to the 

intersection of the Rome 166° and the 

LaGrange, GA, 048° radials; and From 

Dublin, GA, to Savannah, GA. 

V–323: V–323 currently extends from 

Montgomery, AL, to the intersection of 

the Dublin, GA, 309° and the Athens, 

GA, 221° radials. The NPRM proposed 

to remove the entire route. The FAA has 

decided to retain V–323 with the 

following changes. The route segments 

from Macon, GA, to the intersection of 

the Dublin, GA, 309° and the Athens, 

GA 221° radials (the charted HUSKY, 

GA, FIX) is removed from the route. T 

route T–408 will overlay V–323 from 

Eufaula, AL, to Columbia, SC. As 

amended, V–323 extends from 

Montgomery, AL; via Eufaula, AL; to the 

intersection of the Eufaula 059° and the 

Pecan, GA 357° radials (the charted 

WILMS, GA, FIX). 

V–362: V–362 currently extends from 

Brunswick, GA, to Macon, GA. As 

proposed in the NPRM, this action 

removes the entire route. No T route 

replacement is planned due to low 

utilization of V–362. 

V–454: V–454 currently consists of 

two parts: From Brookley, AL, to the 

intersection of the Greenwood, SC, 046° 

and the Charlotte, NC 227° radials; and 

From the intersection of the Charlotte, 

NC, 034° and the Liberty, NC, 253° 

radials to Hopewell, VA. This action 

removes the segments from the 

intersection of the Monroeville, AL, 

073° and the Eufaula, AL, 258° radials, 

to the intersection of the Greenwood, 

SC, 046° and the Charlotte, NC, 227° 

radials from the route. In the NPRM, the 

FAA proposed to change the starting 

point for the second part of the route 

from the intersection of the Charlotte 

034° and the Liberty 253° radials to 

Liberty, NC. Subsequently, the FAA 

decided to retain the segment between 

the intersection of the above Charlotte 

and Liberty radials and Liberty, NC. 

Therefore, as amended, V–454 extends 

from Brookley, AL, to Monroeville, AL; 

and From the intersection of the 

Charlotte, NC, 034° and the Liberty, NC, 

253° radials to Hopewell, VA. No T 

route replacement is planned due to the 

redundant VOR Federal airway route 

structure in the area. 

The full route descriptions are listed 

in the ‘‘The Amendment’’ section, 

below. 

FAA Order 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 

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 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. 

Environmental Review 

The FAA has determined that this 

action of amending VOR Federal 

airways V–35, V–56, V–66, V–97, V– 

154, V–323, and V–454, and removing 

airway V–362, in the eastern United 

States qualifies for categorical exclusion 

under the National Environmental 

Policy Act (42 U.S.C. 4321 et seq.) and 

its implementing regulations at 40 CFR 

part 1500, and in accordance with FAA 

Order 1050.1F, Environmental Impacts: 

Policies and Procedures, paragraph 5– 

6.5a, which categorically excludes from 

further environmental impact review 

rulemaking actions that designate or 

modify classes of airspace areas, 

airways, routes, and reporting points 

(see 14 CFR part 71, Designation of 

Class A, B, C, D, and E Airspace Areas; 

Air Traffic Service Routes; and 

Reporting Points); and paragraph 5– 

6.5b, which categorically excludes from 

further environmental impact review 

‘‘Actions regarding establishment of jet 

routes and Federal airways (see 14 CFR 

71.15, Designation of jet routes and VOR 

Federal airways) . . .’’. As such, this 

action is not expected to cause any 

potentially significant environmental 

impacts. In accordance with FAA Order 

1050.1F, paragraph 5–2 regarding 

Extraordinary Circumstances, the FAA 

has reviewed this action for factors and 

circumstances in which a normally 

categorically excluded action may have 

a significant environmental impact 

requiring further analysis. The FAA has 

determined no extraordinary 

circumstances exist that warrant 

preparation of an environmental 

assessment or environmental impact 

study. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

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 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 6010(a) Domestic VOR Federal 

Airways. 

* * * * * 

V–35 [Amended] 

From Dolphin, FL; INT Dolphin 266° and 

Cypress, FL, 110° radials; INT Cypress 110° 

and Lee County, FL, 138° radials; Lee 

County; INT Lee County 326° and St. 

Petersburg, FL, 152° radials; St. Petersburg; 

INT St. Petersburg 350° and Cross City, FL, 

168° radials; Cross City; Greenville, FL; to 

Pecan, GA. From INT Dublin, GA 309° and 

Athens, GA, 195° radials; Athens; Electric 

City, SC; Sugarloaf Mountain, NC; Holston 

Mountain, TN; Glade Spring, VA; Charleston, 

WV; INT Charleston 051° and Elkins, WV, 

264° radials; Clarksburg, WV; to 

Morgantown, WV. From Philipsburg, PA; 

Stonyfork, PA; Elmira, NY; to Syracuse, NY. 

* * * * * 

V–56 [Amended] 

From Colliers, SC; Columbia, SC; Florence, 

SC; Fayetteville, NC, 41 miles 15 MSL, INT 

Fayetteville 098° and New Bern, NC 256° 

radials; to New Bern. 

* * * * * 

V–66 [Amended] 

From Mission Bay, CA; Imperial, CA; 13 

miles, 24 miles, 25 MSL; Bard, AZ; 12 miles, 

35 MSL; INT Bard 089° and Gila Bend, AZ, 

261° radials; 46 miles, 35 MSL; Gila Bend; 

Tucson, AZ, 7 miles wide (3 miles south and 

4 miles north of centerline); Douglas, AZ; 

INT Douglas 064° and Columbus, NM, 277° 

radials; Columbus; El Paso, TX; 6 miles wide; 

INT El Paso 109° and Hudspeth, TX, 287° 

radials; 6 miles wide; Hudspeth; Pecos, TX; 

Midland, TX; INT Midland 083° and Abilene, 

TX, 252° radials; Abilene; to Millsap, TX. 

From Brookwood, AL; to LaGrange, GA. 

From Sandhills, NC; Raleigh-Durham, NC; to 

Franklin, VA. 

* * * * * 

V–97 [Amended] 

From Dolphin, FL; La Belle, FL; St. 

Petersburg, FL; Seminole, FL; Pecan, GA; to 


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INT Pecan 357° and Vienna, GA 300° radials. 

From INT Rome, GA 060° and Volunteer, TN, 

197° radials; Volunteer; London, KY; 

Lexington, KY; Cincinnati, KY; Shelbyville, 

IN; INT Shelbyville 313° and Boiler, IN, 136° 

radials; Boiler; Chicago Heights, IL; to INT 

Chicago Heights 358° and DuPage, IL, 101° 

radials. From Nodine, MN; to Gopher, MN. 

The airspace below 2,000 feet MSL outside 

the United States is excluded. 

* * * * * 

V–154 [Amended] 

From Rome, GA; INT Rome 166° and 

LaGrange, GA, 048° radials. From Dublin, 

GA; INT Dublin 105° and Savannah, GA, 

289° radials; to Savannah. 

* * * * * 

V–323 [Amended] 

From Montgomery, AL, via Eufaula, AL; to 

INT Eufaula 059° and Pecan, GA 357° radials. 

* * * * * 

V–362 [Removed] 

* * * * * 

V–454 [Amended] 

From Brookley, AL; to Monroeville, AL. 

From INT Charlotte 034° and Liberty, NC, 

253° radials; Liberty, NC; Lawrenceville, VA; 

to Hopewell, VA. 

* * * * * 

Issued in Washington, DC, on May 5, 2022. 

Scott M. Rosenbloom, 

Manager, Airspace Rules and Regulations. 

[FR Doc. 2022–10031 Filed 5–16–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0440] 

RIN 1625–AA00 

Safety Zone; Upper Mississippi River, 

Cape Girardeau, MO 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of the Upper 

Mississippi River extending from mile 

marker (MM) 49 to MM 50 on the Upper 

Mississippi River near Cape Girardeau, 

MO. The safety zone is needed to 

protect personnel and vessels from 

potential hazards due to a partially 

sunken cement barge in the navigational 

channel. Entry of vessels or persons into 

this zone is prohibited unless 

specifically authorized by the Captain of 

the Port Sector Ohio Valley (COTP) or 

a designated representative. 

DATES: This rule is effective without 

actual notice from May 17, 2022 through 

June 10, 2022. For the purposes of 

enforcement, actual notice will be used 

from May 11, 2022 until May 17, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0440 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

rulemaking, call or email MST2 Evan 

Dawson, MSU Paducah, U.S. Coast 

Guard; telephone 270–442–1621 ext. 

2135, email STL-SMB-MSUPaducahWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it 

would be impracticable. On May 8, 2022 

a cement barge became partially sunk in 

the navigation channel of the Upper 

Mississippi River at MM 49.5 causing a 

hazard to navigation. The safety zone 

must be established immediately to 

protect people and vessels from hazards 

associated with the partially sunken 

barge. It is impracticable to publish an 

NPRM because we must establish this 

safety zone by May 11, 2022. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable 

because immediate action is needed to 

respond to the potential safety hazards 

associated with the sunken barge. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The COTP 

has determined that potential hazards 

associated a partially sunken barge in 

the navigation channel will be a safety 

concern for anyone trainsiting between 

MM 49 and MM 50 on the Upper 

Mississippi River. The safety zone is 

needed to protect personnel and vessels 

from potential hazards due to a partially 

sunken barge in the navigation channel. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from May 11, 2022 through 

June 10, 2022, or until the hazard has 

been mitigated. The temporary safety 

zone will cover all navigable waters of 

the Upper Mississippi River extending 

from mile marker (MM) 49 to MM 50. 

The COTP will terminate the 

enforcement of this temporary safety 

zone before June 10, 2022 if the hazards 

associated with the partially sunken 

barge have been resolved. No vessel or 

person will be permitted to enter the 

safety zone without obtaining 

permission from the COTP or a 

designated representative. The COTP 

may be contacted by telephone at 502– 

779–5422 or the on scene designated 

representative can be reached via VHF– 

FM channel 16. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

this rule has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the size, location, and 

duration. This temporary safety zone 

will restrict vessel traffic from entering 

or transiting within a 1 mile area of 

navigable waters on the Upper 

Mississippi River between MM 49 and 

MM 50. While in effect, this rule would 

allow vessels to seek permission to enter 

the zone. Moreover, the Coast Guard 

will issue Broadcast Notice to Mariners 


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