33164 Federal Register / Vol. 75, No. 112 / Friday, June 11, 2010 / Rules and Regulations 

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. 

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 

■ 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 

■ 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 [Amended] 

■ 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] 

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