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###### Department of Transportation

###### Federal Aviation Administration 

          - 14 CFR Part 71 
          - [Docket No. FAA-19422; Airspace Docket No. 03-AEA-11] 
          - RIN 2120-AA66 

# AGENCY:

Federal Aviation Administration (FAA), DOT. 

# ACTION:

Notice of proposed rulemaking (NPRM). 

# SUMMARY:

This action proposes to establish Federal Airway 623 (V-623) between the Sparta, NJ, Very High Frequency Omnidirectional Range Tactical Air Navigation (VORTAC) and the Carmel, NY, Very High Frequency Omnidirectional Range/Distance Measuring Equipment (VOR/DME). The purpose of the proposed airway is to enhance the management of aircraft transiting from the New England area to airports in the Newark, NJ area. 

# DATES:

Comments must be received on or before January 7, 2005. 

# ADDRESSES:

                        Send comments on this proposal to the Docket Management System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., Washington, DC 20590-0001. You must identify FAA Docket No. FAA-19422 and Airspace Docket No. 03-AEA-11, at the beginning of your comments. You may also submit comments on the Internet at                         *http://dms.dot.gov.*

# FOR FURTHER INFORMATION CONTACT:

Paul Gallant, Airspace and Rules, Office of System Operations and Safety, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone: (202) 267-8783. 

# SUPPLEMENTARY INFORMATION:

## 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-19422 and Airspace Docket No. 03-AEA-11) and be submitted in triplicate to the Docket Management System (                    *see***ADDRESSES**                     section for address and phone number). You may also submit comments through the Internet at                     *http://dms.dot.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-19422 and Airspace Docket No. 03-AEA-11.” The postcard will be date/time stamped and returned to the commenter. 

All communications received on or before the specified closing date for comments 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 closing date for comments. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket. 

## Availability of NPRM's 

                    An electronic copy of this document may be downloaded through the Internet at                     *http://dms.dot.gov.*                     Recently published rulemaking documents can also be accessed through the FAA's Web page at                     *http://www.faa.gov,*                     or the                     **Federal Register**                    's Web page at                     *http://www.gpoaccess.gov/​fr/​index.html.*

                    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 a.m. and 5 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during normal business hours at the office of the Regional Air Traffic Division, Federal Aviation Administration, 159-30 Rockaway Boulivard, Jamaica, NY 11434-4848.                 

Persons interested in being placed on a mailing list for future NPRM's should contact the FAA's Office of Rulemaking, (202) 267-9677, for a copy of Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure. 

## History 

On September 5, 2002, the New York Air Route Traffic Control Center (ARTCC) requested an airway be established to accommodate air traffic transiting from the New England area to Newark Liberty International Airport and its satellites. This action responds to this request. 

## The Proposal 

The FAA is proposing an amendment to Title 14 Code of Federal Regulations (14 CFR) part 71 (part 71) to establish V-623 in the vicinity of Newark, NJ; between the Sparta, NJ; VORTAC and the Carmel, NY; VOR/DME. The proposed airway would enhance the management of aircraft transiting from the New England area to airports in the Newark, NJ, area. 

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. Therefore, this proposed regulation: (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. 

      ( print page 68106)    

# 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 

1. The authority citation for part 71 continues to read as follows: 

Authority:49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. 

§ 71.1 

2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9M, Airspace Designations and Reporting Points, dated August 30, 2004, and effective September 16, 2004, is amended as follows:

### Paragraph 6010(a) Domestic VOR Federal Airways. 

* * * * *

## V-623 [New] 

From Carmel, NY; INT Carmel 275°(M) 263°(T) and Sparta, NJ 039°(M) 028°(T) radials; Sparta. 

* * * * *

Issued in Washington, DC, on November 16, 2004. 

Reginald C. Matthews, 

Manager, Airspace and Rules. 

[FR Doc. 04-25881 Filed 11-22-04; 8:45 am] 

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