[Federal Register Volume 87, Number 240 (Thursday, December 15, 2022)]
[Proposed Rules]
[Pages 76594-76597]
[FR Doc No: 2022-27086]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1558; Airspace Docket No. 22-AGL-11]
RIN 2120-AA66

Proposed Amendment and Establishment of Air Traffic Service (ATS)
Routes in the Vicinity of Devils Lake, ND

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend VHF Omnidirectional Range (VOR)
Federal airways V-169, V-170, and V-430, and Area Navigation (RNAV)
route T-331; and establish RNAV route T-475. The FAA is proposing this
action due to the planned decommissioning of the VOR portion of the
Devils Lake, ND (DVL), VOR/Distance Measuring Equipment (VOR/DME)
navigational aid (NAVAID). The Devils 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 January 30, 2023.

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<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2022-1558; Airspace Docket No. 22-AGL-11 at the beginning of your
comments. You may also submit comments through the internet at
www.regulations.gov.
    FAA Order JO 7400.11G, Airspace Designations and Reporting Points,
and

subsequent amendments can be viewed online at 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:<PHONE_NUMBER>.

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 would modify the Air Traffic Service (ATS) routes as
necessary to preserve the safe and efficient flow of air traffic within
the National Airspace System (NAS).

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-2022-1558; Airspace Docket No. 22-AGL-11) 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 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-2022-1558; Airspace Docket No. 22-AGL-11.'' 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 NPRMs

    An electronic copy of this document may be downloaded through the
internet at www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at
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 Operations Support Group, Central
Service Center, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11G, Airspace
Designations and Reporting Points, dated August 19, 2022, and effective
September 15, 2022. FAA Order JO 7400.11G is publicly available as
listed in the ADDRESSES section of this document. FAA Order JO 7400.11G
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

Background

    The FAA is planning to decommission the Devils Lake, ND, VOR in
August 2023. The Devils Lake VOR was one of the candidate VORs
identified for discontinuance by the FAA's VOR MON program and listed
in the Final policy statement notice, ``Provision of Navigation
Services for the Next Generation Air Transportation System (NextGen)
Transition to Performance-Based Navigation (PBN) (Plan for Establishing
a VOR Minimum Operational Network),'' published in the Federal Register
of July 26, 2016 (81 FR 48694), Docket No. FAA-2011-1082.
    Although the VOR portion of the Devils Lake VOR/DME is planned for
decommissioning, the co-located DME portion of the NAVAID is being
retained to support NextGen PBN flight procedure requirements.
    The ATS routes effected by the planned decommissioning of the
Devils Lake VOR are VOR Federal airways V-169, V-170, and V-430. With
the planned decommissioning of the Devils Lake VOR the remaining
ground-based NAVAID coverage in the area is insufficient to enable the
continuity of the affected ATS routes. As such, modifications to V-169
and V-170 would result in the airways being shortened due to the Devils
Lake VOR/DME end point being removed and modification to V-430 would
result in a gap in the airway due to the Devils Lake VOR being removed.
Further, though not directly affected by the planned decommissioning of
the Devils Lake VOR, RNAV route T-331 would also be modified resulting
in the route being extended, in part, to provide a RNAV replacement
route for the segment of V-430 affected by the Devils Lake VOR removal.
    To overcome the affected ATS route segments being removed,
instrument flight rules (IFR) traffic could use portions of adjacent
VOR Federal airways V-15, V-55, and V-510 to circumnavigate the
affected area, or receive air traffic control (ATC) radar vectors to
fly through the affected area. Additionally, IFR pilots equipped with
RNAV capabilities could use T-331, as proposed to be extended, and T-
405 or navigate point to point using the existing fixes that would
remain in place to support continued operations though the affected
area. Visual flight rules (VFR) pilots who elect to navigate via the
affected ATS routes could also take advantage of the adjacent ATS
routes or ATC services listed previously.
    Further, the FAA proposes to establish RNAV route T-475 between the
Bismarck, ND, VOR/DME NAVAID and the GICHI, ND, waypoint (WP) located
near the Devils Lake, ND, VOR/DME. The proposed T-route would overlay
the existing V-169 and, in part, mitigate the proposed removal of the
V-169 segment affected by the planned decommissioning of the Devils
Lake VOR. The new T-route would provide airspace users equipped with
RNAV capabilities an enroute alternative between the Bismarck, ND, area
and the Devils Lake, ND, area. Lastly, the new

T-route would support the FAA's NextGen efforts to modernize the NAS
navigation system from a ground-based system to a satellite-based
system.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to amend VOR
Federal airways V-169, V-170, and V-430, and RNAV route T-331; and
establish RNAV route T-475 due to the planned decommissioning of the
Devils Lake, ND, VOR. The proposed ATS route actions are described
below.
    V-169: V-169 currently extends between the Tobe, CO, VOR/DME and
the Devils Lake, ND, VOR/DME. The FAA proposes to remove the route
segment between the Bismarck, ND, VOR/DME and the Devils Lake, ND, VOR/
DME. As amended, the airway would be changed to extend between the
Tobe, CO, VOR/DME and the Bismarck, ND, VOR/DME.
    V-170: V-170 currently extends between the Devils Lake, ND, VOR/DME
and the Sioux Falls, SD, VORTAC; between the Rochester, MN, VOR/DME and
the Salem, MI, VORTAC; and between the Slate Run, PA, VORTAC and the
intersection of the Andrews, MD, VORTAC 060[deg] and Baltimore, MD,
VORTAC 165[deg] radials (POLLA Fix). The airspace within R-5802 is
excluded when active. The FAA proposes to remove the airway segment
between the Devils Lake, ND, VOR/DME and the Jamestown, SD, VOR/DME. As
amended, the airway would be changed to extend between the Jamestown
VOR/DME and the Sioux Falls VORTAC; between the Rochester VOR/DME and
the Salem VORTAC; and between the Slate Run VORTAC and the POLLA Fix.
The R-5802 exclusion language would remain unchanged.
    V-430: V-430 currently extends between the Cut Bank, MT, VOR/DME
and the Escanaba, MI, VOR/DME. The FAA proposes to remove the airway
segment between the Minot, ND, VOR/DME and the Grand Forks, ND, VOR/
DME. As amended, the airway would be changed to extend between the Cut
Bank VOR/DME and the Minot VOR/DME; and between the Grand Forks VOR/DME
and the Escanaba VOR/DME.
    T-331: T-331 currently extends between the FRAME, CA, Fix and the
FONIA, ND, Fix. The FAA proposes to extend the route east from the
FONIA Fix to the MECNU, MN, Fix located near the western shore of Lake
Superior and the United States/Canada border. The T-331 extension would
overlie the current V-430 airway between the FIONA Fix and the Duluth,
MN, VORTAC to provide an RNAV route alternative for the V-430 airway
segment proposed to be removed as noted above. From the Duluth VORTAC,
T-331 would overlie the V-13 airway to the MECNU Fix. The full route
description is listed in the amendments to part 71 set forth below.
    T-475: T-475 is a proposed new RNAV route that would extend between
the Bismarck, ND, VOR/DME and the GICHI, ND, WP located near the Devils
Lake, ND, VOR/DME. The new route would overlie the current V-169 airway
and serve as a RNAV route alternative for the V-169 airway segment
proposed to be removed as noted above. The full route description is
listed in the amendments to part 71 set forth below.
    The NAVAID radials listed in the VOR Federal airway descriptions
below are unchanged and stated in True degrees.
    VOR Federal airways are published in paragraph 6010(a), and United
States Area Navigation Routes (T-routes) are published in paragraph
6011 of FAA Order JO 7400.11G, dated August 19, 2022, and effective
September 15, 2022, which is incorporated by reference in 14 CFR 71.1.
The ATS routes 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

0
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.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 6010(a) Domestic VOR Federal Airways.

* * * * *

V-169 [Amended]

    From Tobe, CO; 69 MSL, Hugo, CO; 38 miles, 67 MSL, Thurman, CO;
Akron, CO; Sidney, NE; Scottsbluff, NE; Toadstool, NE; Rapid City,
SD; Dupree, SD; to Bismarck, ND.
* * * * *

V-170 [Amended]

    From Jamestown, ND; Aberdeen, SD; to Sioux Falls, SD. From
Rochester, MN; Nodine, MN; Dells, WI; INT Dells 097[deg] and Badger,
WI, 304[deg] radials; Badger; INT Badger 121[deg] and Pullman, MI,
282[deg] radials; Pullman; to Salem, MI. From Slate Run, PA;
Selinsgrove, PA; Ravine, PA; INT Ravine 125[deg] and Modena, PA,
318[deg] radials; Modena; Dupont, DE; INT Dupont 223[deg] and
Andrews, MD, 060[deg] radials; to INT Andrews 060[deg] and
Baltimore, MD, 165[deg] radials. The airspace within R-5802 is
excluded when active.
* * * * *

V-430 [Amended]

    From Cut Bank, MT; 10 miles, 74 miles 55 MSL; Havre, MT, 14
miles, 100 miles 50 MSL; Glasgow, MT; INT Glasgow 100[deg] and
Williston, ND, 263[deg] radials, 22 miles, 33 miles 55 MSL,
Williston; to Minot, ND. From Grand Forks, ND; Thief River Falls,
MN; INT Thief River Falls 122[deg] and Grand Rapids, MN, 292[deg]
radials; Grand Rapids; Duluth, MN; Ironwood, MI; Iron Mountain, MN;
to Escanaba, MI.
* * * * *

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-331 FRAME, CA to MECNU, MN [Amended]

FRAME, CA                                       FIX                            (Lat. 36[deg]36'46.74'' N, long. 119[deg]40'25.53'' W)
NTELL, CA                                       WP                             (Lat. 36[deg]53'58.99'' N, long. 119[deg]53'22.21'' W)
KARNN, CA                                       FIX                            (Lat. 37[deg]09'03.79'' N, long. 121[deg]16'45.22'' W)
VINCO, CA                                       FIX                            (Lat. 37[deg]22'35.11'' N, long. 121[deg]42'59.52'' W)
NORCL, CA                                       WP                             (Lat. 37[deg]31'02.66'' N, long. 121[deg]43'10.60'' W)
MOVDD, CA                                       WP                             (Lat. 37[deg]39'40.88'' N, long. 121[deg]26'53.53'' W)
EVETT, CA                                       WP                             (Lat. 38[deg]00'36.11'' N, long. 121[deg]07'48.14'' W)
TIPRE, CA                                       WP                             (Lat. 38[deg]12'21.00'' N, long. 121[deg]02'09.00'' W)
Squaw Valley, CA (SWR)                          VOR/DME                        (Lat. 39[deg]10'49.16'' N, long. 120[deg]16'10.60'' W)
TRUCK, CA                                       FIX                            (Lat. 39[deg]26'15.67'' N, long. 120[deg]09'42.48'' W)
Mustang, NV (FMG)                               VORTAC                         (Lat. 39[deg]31'52.60'' N, long. 119[deg]39'21.87'' W)
Lovelock, NV (LLC)                              VORTAC                         (Lat. 40[deg]07'30.95'' N, long. 118[deg]34'39.34'' W)
Battle Mountain, NV (BAM)                       VORTAC                         (Lat. 40[deg]34'08.69'' N, long. 116[deg]55'20.12'' W)
TULIE, ID                                       WP                             (Lat. 42[deg]37'58.49'' N, long. 113[deg]06'44.54'' W)
AMFAL, ID                                       WP                             (Lat. 42[deg]45'56.67'' N, long. 112[deg]50'04.64'' W)
Pocatello, ID (PIH)                             VOR/DME                        (Lat. 42[deg]52'13.38'' N, long. 112[deg]39'08.05'' W)
VIPUC, ID                                       FIX                            (Lat. 43[deg]21'09.64'' N, long. 112[deg]14'44.08'' W)
Idaho Falls, ID (IDA)                           VOR/DME                        (Lat. 43[deg]31'08.42'' N, long. 112[deg]03'50.10'' W)
SABAT, ID                                       FIX                            (Lat. 44[deg]00'59.71'' N, long. 111[deg]39'55.04'' W)
Billings, MT (BIL)                              VORTAC                         (Lat. 45[deg]48'30.81'' N, long. 108[deg]37'28.73'' W)
EXADE, MT                                       FIX                            (Lat. 47[deg]35'56.78'' N, long. 104[deg]32'40.61'' W)
JEKOK, ND                                       WP                             (Lat. 47[deg]59'31.05'' N, long. 103[deg]27'17.51'' W)
FONIA, ND                                       FIX                            (Lat. 48[deg]15'35.07'' N, long. 103[deg]10'37.54'' W)
Minot, ND (MOT)                                 VOR/DME                        (Lat. 48[deg]15'37.21'' N, long. 101[deg]17'13.46'' W)
GICHI, ND                                       WP                             (Lat. 48[deg]06'54.20'' N, long. 098[deg]54'45.14'' W)
Grand Forks, ND (GFK)                           VOR/DME                        (Lat. 47[deg]57'17.40'' N, long. 097[deg]11'07.33'' W)
Thief River Falls, MN (TVF)                     VOR/DME                        (Lat. 48[deg]04'09.53'' N, long. 096[deg]11'11.31'' W)
BLUOX, MN                                       FIX                            (Lat. 47[deg]34'33.13'' N, long. 095[deg]01'29.11'' W)
Duluth, MN (DLH)                                VORTAC                         (Lat. 46[deg]48'07.79'' N, long. 092[deg]12'10.33'' W)
MECNU, MN                                       FIX                            (Lat. 47[deg]58'26.68'' N, long. 089[deg]59'33.66'' W)

                                                                      * * * * * * *
T-475 Bismarck, ND (BIS) to GICHI, ND [New]

Bismarck, ND (BIS)                              VOR/DME                        (Lat. 46[deg]45'42.34'' N, long. 100[deg]39'55.47'' W)
GICHI, ND                                       WP                             (Lat. 48[deg]06'54.20'' N, long. 098[deg]54'45.14'' W)

* * * * *

    Issued in Washington, DC, on December 8, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-27086 Filed 12-14-22; 8:45 am]
BILLING CODE 4910-13-P