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[Federal Register: April 21, 2010 (Volume 75, Number 76)]
[Rules and Regulations]               
[Page 20774-20775]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ap10-5]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0003; Airspace Docket No. 09-ANE-104]

 
Modification of Jet Routes J-37 and J-55; Northeast United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies Jet Routes J-37 and J-55 by terminating 
the routes at navigation aid facilities prior to the U.S./Canadian 
border. The FAA is taking this action to support the En Route 
Automation Modernization (ERAM) program.

DATES: Effective 0901 UTC, June 3, 2010. 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 7400.9 and 
publication of conforming amendments.

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

SUPPLEMENTARY INFORMATION: 

Background

    On Thursday, February 4, 2010, the FAA published in the Federal 
Register a notice of proposed rulemaking to modify jet routes J-37 and 
J-55 (75 FR 5704). Interested parties were invited to participate in 
this rulemaking effort by submitting written comments on the proposal. 
No comments were received.
    Currently J-37 terminates at a point in space on the U.S./Canadian 
border rather than at a navigation aid facility or established 
navigation fix. Similarly, J-55 crosses the border at an undefined 
point in space and extends into

[[Page 20775]]

Canadian airspace. These factors cause flight plan processing issues 
for ERAM. Terminating the routes at a navigation aid facility prior to 
the border will resolve these issues.

The Rule

    The FAA is amending Title 14, Code of Federal Regulations (14 CFR) 
part 71 by terminating Jet Route J-37 at the Massena, NY, VHF 
omnidirectional range/tactical air navigation (VORTAC) facility; and 
terminating Jet Route J-55 at the Presque Isle, ME, VHF omnidirectional 
range/distance measuring equipment (VOR/DME) facility. This action will 
enhance the safety and management of aircraft operations within the 
National Airspace System.
    Jet routes are published in paragraph 2004 of FAA Order 7400.9T 
dated August 27, 2009 and effective September 15, 2009, which is 
incorporated by reference in 14 CFR 71.1. The jet routes listed in this 
document will be subsequently published in the Order.
    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. 
Therefore, this 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 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.
    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 amends a portion of the en route structure to enhance the safe 
and efficient use of the NAS in Florida.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1E, ``Environmental Impacts: Policies and 
Procedures,'' paragraph 311a and 311b. This airspace action is not 
expected to cause any potentially significant environmental impacts, 
and no extraordinary circumstances exist that warrant preparation of an 
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
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

0
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.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9T, 
Airspace Designations and Reporting Points, Dated August 27, 2009 and 
effective September 15, 2009, is amended as follows:

Paragraph 2004--Jet Routes

* * * * *

J-37 [Modified]

    From Hobby, TX, via INT of the Hobby 090[deg] and Harvey, LA, 
266[deg] radials; Harvey; Semmes,AL; Montgomery, AL; Spartanburg, 
SC; Lynchburg, VA; Gordonsville, VA; Brooke, VA; INT Brooke 067[deg] 
and Coyle, NJ, 226[deg] radials; to Coyle. From Kennedy, NY; 
Kingston, NY; Albany, NY; to Massena, NY.
* * * * *

J-55 [Modified]

    From Dolphin, FL; INT Dolphin 331[deg] and Gators, FL, 160[deg] 
radials; INT Gators 160[deg] and Craig, FL, 192[deg] radials; Craig; 
INT Craig 004[deg] and Savannah, GA, 193[deg] radials; Savannah; 
Charleston, SC; Florence, SC; INT Florence 003[deg] and Raleigh-
Durham, NC, 224[deg] radials; Raleigh-Durham; INT Raleigh-Durham 
035[deg] and Hopewell, VA, 234[deg] radials; Hopewell; INT Hopewell 
030[deg] and Nottingham, MD, 174[deg] radials. From Sea Isle, NJ; 
INT Sea Isle 050[deg]and Hampton, NY, 223[deg] radials; Hampton; 
Providence, RI; Boston, MA; Kennebunk, ME; to Presque Isle, ME.

    Issued in Washington, DC, on April 8, 2010.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. 2010-8830 Filed 4-20-10; 8:45 am]
BILLING CODE 4910-13-P
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