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[Federal Register: February 4, 2010 (Volume 75, Number 23)]
[Proposed Rules]               
[Page 5704-5706]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04fe10-13]                         

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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]
RIN 2120-AA66

 
Proposed Modification of Jet Routes J-37 and J-55; Northeast 
United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify Jet Routes J-37 and J-55 in the 
Northeast United States (U.S.) by terminating the routes at a 
navigation aid prior to the U.S./Canadian Border. This change is 
proposed to resolve flight plan processing issues between U.S. and 
Canadian air traffic control (ATC) systems.

DATES: Comments must be received on or before March 22, 2010.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue, SE., 
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001; 
telephone: (202) 366-9826. You must identify FAA Docket No. FAA-2010-
0003 and Airspace Docket No. 09-ANE-104 at the beginning of your 
comments. You may also submit comments through the Internet at http://www.regulations.gov.

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:

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-2010-0003 and Airspace Docket No. 09-

[[Page 5705]]

ANE-104) and be submitted in triplicate to the Docket Management 
Facility (see ADDRESSES section for address and phone number). You may 
also submit comments through the Internet at http://www.regulations.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-2010-0003 and Airspace Docket No. 09-ANE-104.'' 
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 NPRMs

    An electronic copy of this document may be downloaded through the 
Internet at http://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    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 Eastern Service Center, Operations Support Group, 
Federal Aviation Administration, Room 210, 1701 Columbia Ave., College 
Park, GA 30337.
    Persons interested in being placed on a mailing list for future 
NPRMs 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.

The Proposal

    The FAA is proposing an amendment to Title 14, Code of Federal 
Regulations (14 CFR) part 71 to modify Jet Route J-37 by terminating 
the route at the Massena, NY, very high frequency omnidirectional 
range/tactical air navigation (VORTAC) aid. J-37 currently terminates 
at a point where the Massena VORTAC 037[deg] (T) radial intersects the 
U.S./Canadian border. Wherein J-37 terminates at the international 
boundary rather than a navigation aid or fix imposes flight plan 
processing issues between U.S. En Route Automation Modernization (ERAM) 
and Canadian ATC facilities. The proposed change would eliminate the 
short segment of J-37 that extends between the Massena VORTAC and the 
U.S./Canadian border. Four other existing Jet Routes that terminate at 
the Massena VORTAC provide connectivity between J-37 and routes that 
extend into Canadian airspace.
    The FAA is also proposing an amendment to 14 CFR part 71 to modify 
Jet Route J-55 by terminating that route at the Presque Isle, ME, VOR/
distance measuring equipment (DME) aid. This would eliminate the 
segment of J-55 that extends between the Presque Isle VOR/DME and the 
Mont Joli, PQ, Canada VOR/DME.
    All radials in the J-37 and J-55 legal descriptions in this NPRM 
are stated in reference to True North only.
    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 would be subsequently published in the Order.
    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.
    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 as required to preserve the safe and 
efficient flow of air traffic.

Environmental Review

    This proposal is not subject to environmental review because all 
proposed actions relate to flight above Flight Level 180 in accordance 
with FAA Memorandums dated January 17, 2001 and September 25, 2003 
related to the altitude cut-off to be used in determining the study 
areas for environmental analyses. Additionally, if environmental review 
were required, this proposed action would qualify for categorical 
exclusion in accordance with FAA Order 1050.1, ``Environmental Impacts: 
Policies and Procedures'' Paragraph 311a.

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.


Sec.  71.1  [Amended]

    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 [Amended]

    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,

[[Page 5706]]

226[deg] radials; to Coyle. From Kennedy, NY; Kingston, NY; Albany, 
NY; Massena, NY.
* * * * *

J-55 [Amended]

    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; Presque Isle, ME.
* * * * *

    Issued in Washington, DC, on January 26, 2010.
Edith V. Parish,
Manager, Airspace & Rules Group.
[FR Doc. 2010-2468 Filed 2-3-10; 8:45 am]
BILLING CODE 4910-13-P
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