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[Federal Register: June 11, 2010 (Volume 75, Number 112)]
[Rules and Regulations]               
[Page 33164]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jn10-3]                         

[[Page 33164]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-1080; Airspace Docket No. 09-AGL-13]
RIN 2120-AA66

 
Modification of Jet Routes J-32, J-38, and J-538; Minnesota

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies Jet Routes J-32 and J-38 by terminating 
portions of the routes that are no longer needed at the Duluth, MN, VHF 
omnidirectional range/tactical air navigation (VORTAC) that are no 
longer needed. This action also modifies the J-538 airway description 
to align it with the corresponding segment of J-538 contained in 
Canadian airspace. This action is necessary for the safety and 
management of instrument flight rules (IFR) operations within the 
National Airspace System (NAS).

DATES: Effective date 0901 UTC, September 23, 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: Colby Abbott, 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:

History

    On Wednesday, December 9, 2009, the FAA published in the Federal 
Register a notice of proposed rulemaking to modify jet routes J-32, J-
38, and J-538 between the Duluth, MN, VORTAC and the United States 
(U.S.)/Canadian border (74 FR 65040). Interested parties were invited 
to participate in this rulemaking effort by submitting written comments 
on the proposal. No comments were received.

The Rule

    This action amends Title 14 Code of Federal Regulation (14 CFR) 
part 71 by modifying Jet Routes J-32, J-38, and J-538 in the Duluth, 
MN, area. These modifications will enhance the flow of air traffic by 
removing unused segments of J-32 and J-38, extending between the 
Duluth, MN, VORTAC and the U.S./Canadian border that do not meet or 
connect to any corresponding airways within Canadian airspace. This 
action also changes the legal description of J-538 to correctly reflect 
the current charted alignment with the Sioux Narrows, ON, VORTAC.
    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 modifies the route structure of Jet Routes as required to 
preserve the safe and efficient flow of air traffic.

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: Polices and Procedures, 
paragraph 311a. 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, signed August 27, 2009 and 
effective September 15, 2009, is amended as follows:

Paragraph 2004 Jet Routes.

* * * * *

J-32 [Modified]

    From Oakland, CA, via Sacramento, CA; Mustang, NV; Lovelock, NV; 
Battle Mountain, NV; Malad City, ID; Boysen Reservoir, WY; Crazy 
Woman, WY; Dupree, SD; Aberdeen, SD; to Duluth, MN.
* * * * *

J-38 [Modified]

    From Duluth, MN; Green Bay, WI; to Peck, MI.
* * * * *

J-538 [Modified]

    From Sioux Narrows, ON; Duluth, MN; Dells, WI; to Badger, WI. 
The airspace within Canada is excluded.

    Issued in Washington, DC, on May 25, 2010.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. 2010-13992 Filed 6-10-10; 8:45 am]
BILLING CODE 4910-13-P
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