38910 Federal Register / Vol. 87, No. 125 / Thursday, June 30, 2022 / Rules and Regulations 

grounds for seeking the remedy of a 

receivership. A CDC’s consent to 

receivership as a remedy does not 

require SBA to seek appointment of a 

receiver in any particular SBA 

enforcement action. 

(2) * * * The SBA Supervised 

Lender’s consent does not preclude 

such Lender from contesting whether or 

not SBA has established the grounds for 

seeking the remedy of a receivership. 

The SBA Supervised Lender’s consent 

to receivership as a remedy does not 

require SBA to seek appointment of a 

receiver in any particular SBA 

enforcement action. 

* * * * * 

■ 33. Amend § 120.1500 by adding a 

sentence at the end of paragraph (c)(3), 

adding paragraphs (c)(3)(i) and (ii), and 

adding two sentences after the first 

sentence of paragraph (e)(3) to read as 

follows: 

§ 120.1500 Types of enforcement 

actions—SBA Lenders. 

* * * * * 

(c) * * * 

(3) * * * In deciding whether to seek 

the appointment of a receiver and in 

determining the scope of a receivership, 

SBA will consider the following factors, 

in its discretion: 

(i) for NFRLs: 

(A) the existence of fraud or false 

statements; 

(B) the NFRL’s refusal to cooperate 

with SBA enforcement action 

instructions or orders; 

(C) the NFRL’s insolvency (legal or 

equitable); 

(D) the size of the NFRL’s SBA loan 

portfolio(s) in relation to other activities 

of the NFRL; 

(E) the dollar amount of any claims 

SBA may have against the NFRL; 

(F) the NFRL’s failure to comply 

materially with any requirement 

imposed by Loan Program 

Requirements; and/or 

(G) the existence of other non-SBA 

enforcement actions against the NFRL; 

(ii) for SBLCs: 

(A) the existence of fraud or false 

statements; 

(B) the SBLC’s refusal to cooperate 

with SBA enforcement action 

instructions or orders; 

(C) the SBLC’s insolvency (legal or 

equitable); 

(D) the dollar amount of any claims 

SBA may have against the SBLC; and/ 

or 

(E) the SBLC’s failure to comply 

materially with any requirement 

imposed by Loan Program 

Requirements. 

* * * * * 

(e) * * * 

(3) * * * SBA will limit the scope of 

the receivership to the CDC’s assets 

related to the SBA loan program(s) 

except where the CDC’s business is 

almost exclusively SBA-related. SBA 

will only seek a receivership if there is 

either the existence of fraud or false 

statements, or if the CDC has refused to 

cooperate with SBA enforcement action 

instructions or orders. * * * 

PART 123—DISASTER LOAN 

PROGRAM 

■ 34. The authority citation for part 123 

continues to read as follows: 

Authority: 15 U.S.C. 632, 634(b)(6), 636(b), 

636(d), and 657n; Section 1110, Pub. L. 116– 

136, 134 Stat. 281; and Section 331, Pub. L. 

116–260, 134 Stat. 1182. 

§ 123.17 [Amended] 

■ 35. Amend § 123.17 by removing the 

words ‘‘lead-based paint,’’ and removing 

the words ‘‘§§ 120.170 through 120.175’’ 

and inserting ‘‘§§ 120.170 through 

120.172, 120.174 and 120.175’’ in their 

place. 

Isabella Casillas Guzman, 

Administrator. 

[FR Doc. 2022–13483 Filed 6–29–22; 8:45 am] 

BILLING CODE 8026–03–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2021–0994; Airspace 

Docket No. 21–AGL–14] 

RIN 2120–AA66 

Amendment of VOR Federal Airways 

V–7, V–341, and V–493; in the Vicinity 

of Menominee, MI 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends VHF 

Omnidirectional Range (VOR) Federal 

airways V–7, V–341, and V–493, in the 

vicinity of Menominee, MI. The airway 

amendments are necessary due to the 

planned decommissioning of the VOR 

portion of the Menominee, MI, VOR/ 

Distance Measuring Equipment (DME) 

navigational aid (NAVAID). The 

Menominee VOR is being 

decommissioned as part of the FAA’s 

VOR Minimum Operational Network 

(VOR MON) program. 

DATES: Effective date 0901 UTC, 

September 8, 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: 

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 

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 the 

airway structure as necessary to 

preserve the safe and efficient flow of 

air traffic within the National Airspace 

System. 

History 

The FAA published a noticed of 

proposed rulemaking for Docket No. 

FAA–2021–0994 in the Federal Register 

(86 FR 67377; November 26, 2021), 

amending VOR Federal airways V–7, V– 

341, and V–493 in the vicinity of 

Menominee, MI. The proposed 

amendments were due to the planned 

decommissioning of the VOR portion of 

the Menominee, MI, VOR/DME 

NAVAID. The FAA invited interested 

parties to participate in this rulemaking 

effort by submitting written comments 

on the proposal. No comments were 

received. 

VOR Federal airways are published in 

paragraphs 6010(a) 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 VOR Federal airways listed in 


jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 125 / Thursday, June 30, 2022 / Rules and Regulations 38911 

this document will be published 

subsequently in FAA Order JO 7400.11. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This action to 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. 

The Rule 

This action amends 14 CFR part 71 by 

amending three VOR Federal airways, 

V–7, V–341, and V–493, in the vicinity 

of Menominee, MI, due to the planned 

decommissioning of the VOR portion of 

the Menominee, MI, VOR/DME. The 

airway amendment actions are 

described below. 

V–7: V–7 extends between the 

Dolphin, FL, VOR/Tactical Air 

Navigation (VORTAC) and the Muscle 

Shoals, AL, VORTAC; between the 

Pocket City, IN, VORTAC and the 

intersection of the Chicago Heights, IL, 

VORTAC 358° radial and the Badger, 

WI, VOR/DME 117° radial (PETTY fix); 

and between the Green Bay, WI, 

VORTAC and the Sawyer, MI, VOR/ 

DME. The airspace below 2,000 feet 

MSL outside the United States is 

excluded and the portion outside the 

United States has no upper limit. This 

action removes the airway segment 

between the Green Bay, WI, VORTAC 

and Sawyer, MI, VOR/DME. 

Additionally, since the airway lies 

wholly within the United States, this 

action removes the 2,000 MSL 

exclusionary language and the upper 

limit language for the airspace outside 

the United States. The unaffected 

portions of the existing airway remain 

as charted. 

V–341: V–341 extends between the 

Cedar Rapids, IA, VOR/DME and the 

Houghton, MI, VOR/DME. This action 

removes the airway segment between 

the Green Bay, WI, VORTAC and the 

Iron Mountain, MI, VOR/DME. The 

resulting airway extends between the 

Cedar Rapids, IA, VOR/DME and the 

Green Bay, WI, VORTAC; and between 

the Iron Mountain, MI, VOR/DME and 

the Houghton, MI, VOR/DME. 

V–493: V–493 extends between the 

Livingston, TN, VOR/DME and the 

Appleton, OH, VORTAC; and between 

the Menominee, MI, VOR/DME and the 

Rhinelander, WI, VOR/DME. This action 

removes the airways segment between 

the Menominee, MI, VOR/DME and the 

Rhinelander, WI, VOR/DME. The 

resulting airway extends between the 

Livingston, TN, VOR/DME and the 

Appleton, OH, VORTAC. 

All of the NAVAID radials listed in 

the VOR Federal airway descriptions 

below are unchanged and stated in True 

degrees. 

FAA Order JO 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

Regulatory Notices and Analyses 

The FAA 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 determined that this action 

of amending VOR Federal airways V–7, 

V–341, and V–493, due to the planned 

decommissioning of the VOR portion of 

the Menominee VOR/DME NAVAID, 

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). As such, this action 

is not expected to result in any 

potentially significant environmental 

impacts. In accordance with FAA Order 

1050.1F, paragraph 5–2 regarding 

Extraordinary Circumstances, the FAA 

reviewed this action for factors and 

circumstances in which a normally 

categorically excluded action may have 

a significant environmental impact 

requiring further analysis. Accordingly, 

the FAA 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 6010(a) Domestic VOR Federal 

Airways. 

* * * * * 

V–7 [Amended] 

From Dolphin, FL; INT Dolphin 299° and 

Lee County, FL, 120° radials; Lee County; 

Lakeland, FL; Cross City, FL; Seminole, FL; 

Wiregrass, AL; INT Wiregrass 333° and 

Montgomery, AL, 129° radials; Montgomery; 

Vulcan, AL; to Muscle Shoals, AL. From 

Pocket City, IN; INT Pocket City 016° and 

Terre Haute, IN, 191° radials; Terre Haute; 

Boiler, IN; Chicago Heights, IL; to INT 

Chicago Heights 358° and Badger, WI, 117° 

radials. 

* * * * * 

V–341 [Amended] 

From Cedar Rapids, IA; Dubuque, IA; 

Madison, WI; Oshkosh, WI; to Green Bay, WI. 

From Iron Mountain, MI; Sawyer, MI; to 

Houghton, MI. 

* * * * * 

V–493 [Amended] 

From Livingston, TN; Lexington, KY; York, 

KY; INT York 030° and Appleton, OH, 183° 

radials; to Appleton. 

* * * * * 

Issued in Washington, DC, on June 23, 

2022. 

Scott M. Rosenbloom, 

Manager, Airspace Rules and Regulations. 

[FR Doc. 2022–13843 Filed 6–29–22; 8:45 am] 

BILLING CODE 4910–13–P 


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