Amendment of VOR Federal Airways V-158 and V-172; Polo, IL, 75488-75490 [2023-24078]
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Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Rules and Regulations
Paragraph 6011 United States Area
Navigation Routes.
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T–272 Hallsville, MO (HLV) to TYMME, IL [Amended]
Hallsville, MO (HLV)
VORTAC
(lat. 39°06′48.75″ N, long. 092°07′41.64″ W)
TYMME, IL
WP
(lat. 39°05′38.35″ N, long. 089°09′43.71″ W)
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Issued in Washington, DC, on October 27,
2023.
Karen L. Chiodini,
Acting Manager, Rules and Regulations
Group.
[FR Doc. 2023–24077 Filed 11–2–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Rules and Regulations Group, Office of
Policy, 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:
Federal Aviation Administration
Authority for This Rulemaking
14 CFR Part 71
[Docket No. FAA–2023–0965; Airspace
Docket No. 23–AGL–8]
RIN 2120–AA66
Amendment of VOR Federal Airways
V–158 and V–172; Polo, IL
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action amends Very High
Frequency Omnidirectional Range
(VOR) Federal airways V–158 and V–
172 in the vicinity of Polo, IL. The
amendments are due to the planned
decommissioning of the VOR portion of
the Polo, IL (PLL), VOR/Distance
Measuring Equipment (VOR/DME)
navigational aid (NAVAID). The Polo
VOR is being decommissioned as part of
the FAA’s VOR Minimum Operational
Network (MON) program.
DATES: Effective date 0901 UTC, January
25, 2024. 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: A copy of the Notice of
Proposed Rulemaking (NPRM), all
comments received, this final rule, and
all background material may be viewed
online at www.regulations.gov using the
FAA Docket number. Electronic
retrieval help and guidelines are
available on the website. It is available
24 hours each day, 365 days each year.
FAA Order JO 7400.11H, Airspace
Designations and Reporting Points, and
subsequent amendments can be viewed
online at www.faa.gov/air_traffic/
publications/. You may also contact the
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
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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
Air Traffic Service (ATS) 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–2023–0965 in the Federal Register
(88 FR 23595; April 18, 2023),
proposing to amend VOR Federal
airways V–158 and V–172 due to the
planned decommissioning of the VOR
portion of the Polo, IL, VOR/DME
NAVAID. Interested parties were invited
to participate in this rulemaking effort
by submitting written comments on the
proposal. One comment was received.
The commenter stated the FAA
should keep the Polo VOR and
associated VOR Federal airways, V–158
and V–172, because decommissioning
them represented an aeronautical
navigation challenge to instrument
flight rules (IFR) aircraft not yet
equipped with an IFR suitable global
positioning system (GPS) and as a
backup to GPS navigation, since there is
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a lack of other suitable VOR
navigational aids in the area.
The VOR MON is designed to enable
aircraft, having lost Global Navigation
Satellite System (GNSS) service, to
revert to conventional navigation
procedures and enable aircraft to
proceed to a MON airport where an
Instrument Landing System (ILS) or
VOR approach procedure can be flown
without the necessity of GPS.
In December 2011, the FAA published
a notice of proposed policy and request
for comments in the Federal Register
(76 FR 77939). The notice addressed the
FAA’s proposed strategy for reducing
the current VOR network to a Minimum
Operational Network (MON) in support
of transitioning the NAS to
performance-based navigation (PBN) as
part of the Next Generation Air
Transportation System (NextGen). The
FAA announced that, as part of a NAS
Efficient Streamlined Services Initiative,
the number of VORs would be reduced
while more efficient Area Navigation
(RNAV) routes and procedures would be
implemented throughout the NAS. The
notice stated that the FAA, with
assistance of a work group, would
develop a candidate list of VORs for
discontinuance using relevant
operational, safety, cost, and economic
criteria.
In response to comments received to
the notice of proposed policy, the FAA
published a disposition of comments
notice in the Federal Register (77 FR
50420; August 21, 2012), stating it
would develop an initial VOR MON
discontinuance plan which would be
made publicly available. As a result, the
FAA convened a working group for
developing the objective criteria to be
used to help identify those VORs that
would remain operational.
Stakeholders, aviation industry, and
military services provided further input
to the FAA for consideration in
developing the criteria to select VORs
that needed to be retained as a part of
the MON. With this collective input, the
FAA developed the criteria to determine
which VORs would be retained. The
VORs not meeting these criteria were
considered discontinuance candidates.
As referenced in the NPRM, the FAA
published its VOR MON final policy
statement in the Federal Register (81 FR
48694; July 26, 2016). In that notice, the
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Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Rules and Regulations
candidate list of VORs to be
discontinued was announced. The Polo,
MI, VOR was announced as a candidate
VOR for discontinuance. The FAA
remains committed to its final policy
statement and plan to retain an
optimized VOR MON that enables pilots
to revert from PBN to conventional
navigation for approach, terminal, and
enroute operations in the event of a GPS
outage. This action supports the NAS
transition from ground-based to
satellite-based navigation consistent
with the FAA’s NextGen goals and the
NAS Efficient Streamlined Services
Initiative.
The commenter also stated that if the
Polo VOR is decommissioned, there will
not be any usable NAVAID between the
Moline, IL, VOR and the DuPage, IL,
VOR (a distance of 108 nautical miles
(NM)) which is outside of the current
VOR service volume, nor would there be
any usable VOR connecting the
Dubuque, IA, VOR/Tactical Air
Navigation (VORTAC) with the Chicago
area DuPage, IL, and Joliet, IL, VORs.
The commenter continued that flying
between the Dubuque, IA, VORTAC and
the Joliet, IL, VOR/DME would put
pilots outside current VOR service
volumes due to significant limitations
imposed on the Dubuque VOR and the
limited ranges of the Davenport and
Moline VORs.
In response, the FAA offers that
although the route between the Moline
VOR/DME and the DuPage, IL, VOR/
DME is approximately 108 NM, pilots
flying direct between those two VORs
today are required to have their aircraft
RNAV equipped since the distance, as
stated, is beyond the service volume of
the two NAVAIDS. However, there are
other VOR Federal airway alternatives
in the area that allow pilots to navigate
between the Moline and DuPage VORs.
A pilot could choose to navigate
between the Moline and DuPage VORs
via V–63 between the Moline VOR/DME
and the Davenport, IA, VORTAC, then
via V–6 between the Davenport
VORTAC and the DuPage VOR/DME.
Likewise, there will continue to be
VOR Federal airway alternatives
available for navigating between the
Dubuque, IA, area and the Chicago area
DuPage, IL, and Joliet, IL, VORs. To
navigate between the Dubuque VORTAC
and DuPage VOR/DME, pilots may
navigate via V–129 between the
Dubuque and Davenport VORTACs,
then via V–6 between the Davenport
VORTAC and the DuPage VOR/DME.
Alternatively, a pilot could choose to
navigate between the Dubuque VORTAC
and the Joliet VOR/DME via V–129
between the Dubuque VORTAC and the
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GENSO Fix, then via V–8 between the
GENSO Fix and the Joliet VOR/DME.
Additionally, pilots may continue to
navigate between the Dubuque, IA, area
and the Chicago area Northbrook, IL,
VOR/DME via V–246 between the
Dubuque VORTAC and the Janesville,
IL, VOR/DME, then via V–24 between
the Janesville VOR/DME and the
Northbrook VOR/DME.
Finally, pilots, regardless of flying
under instrument flight rules or visual
flight rules, may always request radar
vectors from air traffic control for
navigation assistance in the area or file
and fly point-to-point using the Fixes
and waypoints that will remain in the
area if their aircraft is RNAV equipped.
Lastly, the commenter stated that the
FAA’s plan to use VORs with the new
VOR service volumes, labeled as VOR
Low (VL) and VOR High (VH), as a
backup plan in the event of a GPS
outage did not provide sufficient
coverage in the vicinity of the Polo
VOR/DME due to the operational
limitations imposed on the Dubuque
VORTAC and the Northbrook VOR/
DME. The commenter thought that the
Polo VOR and associated V–158 and V–
172 airways segments should be
retained until the limitations currently
being imposed on the Dubuque and
Northbrook VORs can be removed and
the service volumes of the Joliet VOR/
DME and the Davenport VORTAC can
be increased to ensure signal coverage
throughout the entire area.
As stated previously, the FAA
remains committed to its final policy
statement and plan to retain an
optimized VOR MON that enables pilots
to revert from PBN to conventional
navigation for approach, terminal, and
enroute operations in the event of a GPS
outage. The limitations with the four
listed VORs, Dubuque, Northbrook,
Joliet, and Davenport, exist today due to
the VOR type, user retention
requirements, or an increase in tree/
terrain blockage occurring over time
causing certain radials of the VORs to
become unusable. The limitations
imposed on these four VORs do not
affect the normal operation of the VORs
until exceeding 40 NM below 14,500
feet mean seal level (MSL). Whether the
Polo VOR remains operational or is
decommissioned does not change the
existing limitations on the four VORs,
nor would it effect the use of the VOR
Federal airway alternatives identified
for pilots to continue navigating through
the affected area. The FAA has
determined that with the planned
decommissioning of the Polo VOR, there
remains sufficient conventional
navigation enroute structure in place to
enable pilots to navigate from the
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75489
Dubuque, IA; Cedar Rapids, IA; or
Moline, IL, areas into the Chicago
Metropolitan Area.
Incorporation by Reference
VOR Federal airways are published in
paragraph 6010(a) of FAA Order JO
7400.11, Airspace Designations and
Reporting Points, which is incorporated
by reference in 14 CFR 71.1 on an
annual basis. This document amends
the current version of that order, FAA
Order JO 7400.11H, dated August 11,
2023, and effective September 15, 2023.
FAA Order JO 7400.11H is publicly
available as listed in the ADDRESSES
section of this document. This
amendment action will be published in
the next update to FAA Order JO
7400.11.
FAA Order JO 7400.11H 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 VOR Federal airways V–158
and V–172 due to the planned
decommissioning of the VOR portion of
the Polo, IL, VOR/DME. The airway
actions are described below.
V–158: Prior to this final rule, V–158
extended between the Mason City, IA,
VOR/DME and the intersection of the
Polo, IL, VOR/DME 122° and Davenport,
IA, VORTAC 087° radials (SHOOF Fix).
The airway segment between the
Dubuque, IA, VORTAC and the
intersection of the Polo, IL, 122° and
Davenport, IA, 087° radials (SHOOF
Fix) is removed. As amended, the
airway now extends between the Mason
City VOR/DME and the Dubuque
VORTAC.
V–172: Prior to this final rule, V–172
extended between the Columbus, NE,
VOR/DME and the DuPage, IL, VOR/
DME. The airway segment between the
Cedar Rapids, IA, VOR/DME and the
DuPage, IL, VOR/DME is removed. As
amended, the airway now extends
between the Columbus VOR/DME and
the Cedar Rapids VOR/DME.
The NAVAID radials contained in the
VOR Federal airway descriptions listed
below in The Amendment section are
unchanged and stated in degrees True
north.
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 DOT
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75490
Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
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–158 and V–172, due to the
planned decommissioning of the VOR
portion of the Polo, IL, 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); and paragraph 5–6.5i,
which categorically excludes from
further environmental impact review
the establishment of new or revised air
traffic control procedures conducted at
3,000 feet or more above ground level
(AGL); procedures conducted below
3,000 feet AGL that do not cause traffic
to be routinely routed over noise
sensitive areas; modifications to
currently approved procedures
conducted below 3,000 feet AGL that do
not significantly increase noise over
noise sensitive areas; and increases in
minimum altitudes and landing
minima. 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).
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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:
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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 7400.11H,
Airspace Designations and Reporting
Points, dated August 11, 2023, and
effective September 15, 2023, is
amended as follows:
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Paragraph 6010(a)
Airways.
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Domestic VOR Federal
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Electronic Submissions
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V–158 [Amended]
From Mason City, IA; INT Mason City 106°
and Dubuque, IA, 293° radials; to Dubuque.
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V–172 [Amended]
From Columbus, NE; Omaha, IA; INT
Omaha 066° and Newton, IA, 262° radials;
Newton; to Cedar Rapids, IA.
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Issued in Washington, DC.
Karen L. Chiodini,
Acting Manager, Rules and Regulations
Group.
[FR Doc. 2023–24078 Filed 11–2–23; 8:45 am]
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21 CFR Part 73
[Docket No. FDA–2020–C–2131]
Listing of Color Additives Exempt
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AGENCY:
Food and Drug Administration,
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ACTION:
Final rule.
The Food and Drug
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