AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This action amends VHF Omnidirectional Range (VOR) Federal airways V-125, V-178, V-313, and V-429 in the vicinity of Cape Girardeau, MO. The modifications are necessary due to the planned decommissioning of the VOR portion of the Cape Girardeau, MO, VOR/Distance Measuring Equipment (VOR/DME) navigation aid (NAVAID), which provides navigation guidance for portions of the affected airways. The Cape Girardeau VOR is being decommissioned as part of the FAA's VOR Minimum Operational Network (MON) program.

DATES:

Effective date 0901 UTC, July 16, 2020. The Director of the Federal Register approves this incorporation by reference action under Title 1 Code of Federal Regulations part 51, subject to the annual revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES:

FAA Order 7400.11D, 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. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of FAA Order 7400.11D at NARA, email: fedreg.legal@nara.gov or go to https://www.archives.gov/​federal-register/​cfr/​ibr-locations.html.

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 route structure as necessary to preserve the safe and efficient flow of air traffic within the National Airspace System.

History

The FAA published a notice of proposed rulemaking (NPRM) for Docket No. FAA-2020-0002 in the Federal Register (85 FR 3299; January 21, 2020), amending VOR Federal airways V-125, V-178, V-313, and V-429 in the vicinity of Cape Girardeau, MO, due to the planned decommissioning of the VOR portion of the Cape Girardeau, MO, VOR/DME. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal. No comments were received.

Subsequent to the NPRM, the FAA published a rule for Docket No. FAA-2020-0008 in the Federal Register (85 FR 26601; May 5, 2020), amending VOR Federal airway V-178 by removing the airway segment between the Cunningham, KY, VOR/DME and the New Hope, KY, VOR/DME. The airway amendment, effective July 16, 2020, is included in this rule.

VOR Federal airways are published in paragraph 6010(a) of FAA Order 7400.11D dated August 8, 2019, and effective September 15, 2019, which is incorporated by reference in 14 CFR 71.1. The VOR Federal airways listed in this document will be subsequently published in the Order.

FAA Order 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15.

Availability and Summary of Documents for Incorporation by Reference

This document amends FAA Order 7400.11D, Airspace Designations and Reporting Points, dated August 8, 2019, and effective September 15, 2019. FAA Order 7400.11D is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.11D lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

The Rule

The FAA is amending Title 14 Code of Federal Regulations (14 CFR) part 71 by modifying VOR Federal airways V-125, V-178, V-313, and V-429. The planned decommissioning of the VOR portion of the Cape Girardeau, MO, VOR/DME NAVAID has made this action necessary. The VOR Federal airway changes are outlined below.

V-125: V-125 extends between the Cape Girardeau, MO, VOR/DME and the St Louis, MO, VOR/Tactical Air Navigation (VORTAC). The NIKEL fix in the airway description is amended to describe it as the intersection of the Farmington, MO, VORTAC 046° and Marion, IL, VOR/DME 282° radials. Additionally, the airway segment overlying the Cape Girardeau, MO, VOR/DME between the Cape Girardeau, MO, VOR/DME and the intersection of the Farmington, MO, VORTAC 046° and Marion, IL, VOR/DME 282° radials (NIKEL fix) is removed. The unaffected portion of the existing airway remain as charted.

V-178: V-178 extends between the Hallsville, MO, VORTAC and the Cunningham, KY, VOR/DME; and between the New Hope, KY, VOR/DME and the Bluefield, WV, VOR/DME. The airway segment overlying the Cape Girardeau, MO, VOR/DME between the Farmington, MO, VORTAC and the Cunningham, KY, VOR/DME is removed. The unaffected portions of the existing airway remain as charted.

V-313: V-313 extends between the Malden, MO, VORTAC and the Pontiac, IL, VOR/DME. The airway segment overlying the Cape Girardeau, MO, VOR/DME between the Malden, MO, VORTAC and the Centralia, IL, VORTAC is removed. The unaffected portions of the existing airway remain as charted.

V-429: V-429 extends between the Cape Girardeau, MO, VOR/DME and the Bible Grove, IL, VORTAC; and between the Champaign, IL, VORTAC and the Joliet, IL, VOR/DME. The airway segment overlying the Cape Girardeau, MO, VOR/DME between the Cape Girardeau, MO, VOR/DME and the Marion, IL, VOR/DME is removed. The unaffected portions of the existing airway remain as charted.

All radials in the route descriptions below are stated in True degrees.

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 modifying VOR Federal airways V-125, V-178, V-313, and V-429, due to the planned decommissioning of the VOR portion of the Cape Girardeau, MO, VOR/DME NAVAID, qualifies for categorical exclusion under the National Environmental Policy Act 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 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 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)

Adoption of 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.

2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11D, Airspace Designations and Reporting Points, dated August 8, 2019 and effective September 15, 2019, is amended as follows:

Paragraph 6010(a) Domestic VOR Federal Airways.

V-125 [Amended]

From INT Farmington, MO, 046° and Marion, IL, 282° radials; to St Louis, MO.

V-178 [Amended]

From Hallsville, MO; INT Hallsville l83° and Vichy, MO, 32l° radials; Vichy; to Farmington, MO. From New Hope, KY; Lexington, KY; to Bluefield, WV.

V-313 [Amended]

From Centralia, IL; Adders, IL; to Pontiac, IL.

V-429 [Amended]

From Marion, IL; INT Marion 011° and Bible Grove, IL, 207° radials; to Bible Grove. From Champaign, IL; Roberts, IL; to Joliet, IL.