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[Federal Register Volume 76, Number 123 (Monday, June 27, 2011)]
[Rules and Regulations]
[Pages 37261-37263]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15885]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0078; Airspace Docket No. 10-AEA-20]

Establishment of Helicopter Area Navigation (RNAV) Routes; 
Northeast United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes helicopter RNAV routes as part of the 
U.S. air traffic service route (ATS) structure and designates two 
helicopter RNAV routes (TK-routes) in the northeast corridor between 
the Washington, DC, and New York City metropolitan areas. The TK-routes 
are for use by helicopters having IFR-approved Global Positioning 
System (GPS)/Global Navigation Satellite System (GNSS) equipment. The 
FAA is taking this action to enhance safety and to improve the 
efficient use of the navigable airspace for en route IFR helicopter 
operations.

DATES: Effective date 0901 UTC, August 25, 2011. 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, Regulations 
and ATC Procedures Group, Office of Airspace Services, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591; 
telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION:

History

    On Tuesday, March 8, 2011, the FAA published in the Federal 
Register a notice of proposed rulemaking to establish two helicopter 
RNAV routes in Northeast United States (76 FR 12643). Interested 
parties were invited to participate in this rulemaking effort by 
submitting written comments on the proposal. Four people submitted 
comments on the proposal.

Discussion of Comments

    Two commenters wrote expressing support for the proposal. Two 
commenters raised several issues which are discussed below. One 
commenter questioned the need for a new type of airway for helicopters 
stating that the existing system of VOR Federal airways and RNAV T-
routes should be sufficient. The commenter wrote, in the past, the FAA 
had designated routes for helicopters in the northeast, but they were 
seldom available for use. Additionally, the commenter asked if the air 
traffic control separation standards for IFR helicopters differ from 
those that apply to fixed-wing aircraft; contending that, if they are 
the same, there is no need for helicopter airways.
    The past routes noted by the commenter were initiated in FAA 
Advisory Circular AC 73-2, ``IFR Helicopter Operations in the Northeast 
Corridor,'' dated June 11, 1979. AC 73-2 advised of special RNAV 
helicopter routes between Washington, DC, and Boston, MA. The routes 
were developed consistent with conventional traffic flows for use by 
helicopters under IFR conditions. Use of these routes was limited only 
to those operators that met specified criteria and were issued a letter 
of authorization from the FAA. Therefore, the routes were not available 
for general use and they were not depicted on IFR Enroute Low Altitude 
charts. The Advisory Circular was subsequently cancelled because the 
routes were designed for first generation RNAV systems which lacked the 
accuracy and reliability of satellite navigation and other advanced 
RNAV systems. Additionally, it was determined that the routes do not 
meet current Air Traffic Service route criteria. On March 26, 2007, the 
FAA issued a Letter to Airmen containing new routings to be filed with 
a ``fix-to-fix'' flight plan along the ``old'' IFR northeast corridor. 
As with the Advisory Circular routes, these routes are not depicted on 
IFR En route Low Altitude charts. The new TK routes in this rule 
approximate the former northeast corridor route

[[Page 37262]]

tracks. In addition, the new TK routes are public routes that will be 
depicted on the IFR Enroute Low Altitude charts and available for use 
by suitably equipped helicopters.
    Regarding IFR separation standards, there is no difference between 
IFR helicopters and IFR fixed wing aircraft. The question of 
establishing a new type of route for IFR helicopters was raised in 
response to user requests. In March 2006, the Helicopter Association 
International (HAI) requested that the FAA take action to develop and 
chart IFR RNAV airways for use by helicopters having IFR-approved GPS 
equipment. Of particular interest was the use of RNAV to assist IFR 
helicopter pilots transiting though busy terminal airspace areas while 
providing routes separate from fixed-wing traffic. This issue was 
studied by members of the Government/Industry Aeronautical Charting 
Forum (ACF), which is comprised of both FAA and Industry participants. 
The ACF supported the establishment of RNAV helicopter routes and 
concluded that a unique prefix should be used to identify these routes. 
Establishment of charted helicopter RNAV TK-routes will enhance safety 
and facilitate more flexible and efficient access to the NAS for IFR 
helicopter operations. In addition, the TK-routes will enable the 
designation of waypoints and feeder routes that would provide a 
connection between the NAS and instrument procedures serving helicopter 
landing/departure facilities. Among the potential benefits of these 
routes are more efficient and safer operations for helicopter emergency 
medical services flights.
    One commenter asked if he could file a TK-route for a flight in a 
Cessna 150. The answer is no, due in part to the differing missions of 
fixed-wing aircraft and helicopters, TK-routes may start and end at 
locations inappropriate for fixed wing aircraft, such as in the 
vicinity of hospital or other helipad locations. Due to this difference 
TK-routes will be designated specifically for helicopter use; 
therefore, only suitably equipped helicopters will be able to file for 
the routes.
    A commenter asked about the expected usage of the routes and the 
altitudes flown. It is anticipated the average usage rate would be 
around 30 to 50 flights per month for those route segments between the 
Philadelphia and the New York City areas. Usage of the full route 
between New York and Washington, DC, is expected to be about five per 
month. Altitude use on the routes will vary as with other ATS routes. 
Each TK-route will have a designated minimum en route IFR altitude 
(MEA). Assigned altitudes will be determined based on the requested 
altitude filed in the flight plan by the pilot and ATC requirements.
    The FAA received one request to extend the comment period. We feel 
that sufficient information was received to issue a final rule; 
therefore, an extension is not needed.
    One commenter questioned whether an environmental categorical 
exclusion (CATEX), as noted in the NPRM, was appropriate for this rule. 
This comment is addressed in the ``Environmental Review'' section, 
below.

The Rule

    The FAA is amending Title 14, Code of Federal Regulations (14 CFR) 
part 71 adding low altitude helicopter RNAV routes (TK-routes) to the 
U.S. ATS route structure and designating the first two such helicopter 
RNAV routes. Helicopter RNAV routes will be identified by the 
International Civil Aviation Organization (ICAO) prefix ``TK'' followed 
by a 3-digit number. ICAO has allocated the number block 501 through 
650 for U.S. use in identifying the routes. The two new routes in this 
rule, designated TK-502 and TK-504, will provide more direct routing 
for IFR helicopters in the northeast corridor between the New York City 
and Washington, DC, metropolitan areas. The routes will serve New York 
City, Philadelphia, Baltimore and Washington, DC area airports/
heliports. The helicopter RNAV routes will be depicted on the 
appropriate IFR Enroute Low Altitude charts. Only GNSS equipped RNAV 
helicopters may file for the TK-routes.
    Helicopter RNAV routes are published in paragraph 6012 of FAA Order 
7400.9U dated August 18, 2010 and effective September 15, 2010, which 
is incorporated by reference in 14 CFR 71.1. The helicopter RNAV 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 designates new helicopter RNAV air traffic service routes to 
enhance the safe and efficient use of the NAS in the northeastern 
United States.

Environmental Review

    The TK routes have been determined to be Categorically Excluded 
from further environmental review in accordance with paragraphs 311a of 
FAA Order 1050.1E and documented under the provisions outlined in 
paragraph 305 of that order. The estimated number of daily helicopter 
operations is low, with an estimate of less than 50 helicopter 
operations on the routes per month. Based on the low number of 
operations, no noise analysis was needed as per FAA Order 1050.1E. 
Other environmental impact categories were considered as well as the 
potential for extraordinary circumstances before reaching this 
environmental determination of CATEX. The Air Traffic Initial 
Environmental Review (IER) is not a mandatory document and was not 
required for this action. The FAA issued a Categorical Exclusion/Record 
of Decision dated June 14, 2011.

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

0
1. The authority citation for part 71 continues to read as follows:

[[Page 37263]]

    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 7400.9U, 
Airspace Designations and Reporting Points, Dated August 18, 2010 and 
effective September 15, 2010, is amended as follows:

Paragraph 6012 Helicopter Area Navigation Routes [New]

* * * * *

TK-502 Westminster (EMI), MD to DECKR, PA [New]
Westminster (EMI), MD   VORTAC                 (Lat. 39[deg]29'42'' N., long. 76[deg]58'43'' W.)
TAYLO, MD               WP                     (Lat. 39[deg]39'48'' N., long. 76[deg]27'43'' W.)
WINGO, PA               WP                     (Lat. 39[deg]45'59'' N., long. 76[deg]06'55'' W.)
SINON, PA               WP                     (Lat. 40[deg]02'14'' N., long. 75[deg]34'46'' W.)
GRIBL, PA               WP                     (Lat. 40[deg]14'30'' N., long. 74[deg]53'31'' W.)
TOLAN, NJ               WP                     (Lat. 40[deg]21'58'' N., long. 74[deg]25'23'' W.)
BALDE, NJ               WP                     (Lat. 40[deg]28'42'' N., long. 74[deg]11'33'' W.)
SPATE, NY               WP                     (Lat. 40[deg]31'22'' N., long. 74[deg]07'31'' W.)
DECKR, NY               WP                     (Lat. 40[deg]39'07'' N., long. 74[deg]02'42'' W.)
 
                                                  * * * * * * *
TK-504 RUSEY, MD to BANKA, NJ [New]
RUSEY, MD               WP                     (Lat. 39[deg]16'07'' N., long. 76[deg]11'19'' W.)
CIDOB, MD               WP                     (Lat. 39[deg]25'47'' N., long. 75[deg]58'43'' W.)
HAMOR, PA               WP                     (Lat. 39[deg]51'21'' N., long. 75[deg]47'17'' W.)
ARCUM, PA               WP                     (Lat. 40[deg]01'26'' N., long. 75[deg]20'54'' W.)
TULLY, PA               WP                     (Lat. 40[deg]10'38'' N., long. 74[deg]51'48'' W.)
BORKE, NJ               WP                     (Lat. 40[deg]10'12'' N., long. 74[deg]22'32'' W.)
BANKA, NJ               WP                     (Lat. 40[deg]22'53'' N., long. 74[deg]03'04'' W.)
 

    Issued in Washington, DC, on June 20, 2011.
Gary A. Norek,
Acting Manager, Airspace, Regulations and ATC Procedures Group.

[FR Doc. 2011-15885 Filed 6-24-11; 8:45 am]
BILLING CODE 4910-13-P
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