Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 53239 

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 establishes 

RNAV routes to as required to preserve 

the safe and efficient flow of air traffic 

in the Washington, DC area. 

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. 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 7400.9W, 

Airspace Designations and Reporting 

Points, dated August 8, 2012, and 

effective September 15, 2012, is 

amended as follows: 

Paragraph 6011 United States Area 

Navigation Routes 

* * * * * 

T–287 DENNN, VA to TOMYD, MD [New] 

DENNN, VA WP (Lat. 38°05′06′′ N., long. 078°12′28′′ W.) 

CAARY, VA WP (Lat. 38°19′40′′ N., long. 078°23′37′′ W.) 

WILMY, VA WP (Lat. 38°32′30′′ N., long. 078°33′32′′ W.) 

KAIJE, VA WP (Lat. 38°44′35′′ N., long. 078°42′48′′ W.) 

BAMMY, WV WP (Lat. 39°24′33′′ N., long. 078°25′46′′ W.) 

REEES, PA WP (Lat. 39°47′52′′ N., long. 077°45′56′′ W.) 

TOMYD, MD WP (Lat. 39°40′ 52′′ N., long. 077°08′26′′ W.) 

T–299 UCREK, VA to SCAPE, PA [New] 

UCREK, VA WP (Lat. 38°01′33′′ N., long. 079°02′56′′ W.) 

KAIJE, VA WP (Lat. 38°44′35′′ N., long. 078°42′48′′ W.) 

BAMMY, WV WP (Lat. 39°24′33′′ N., long. 078°25′46′′ W.) 

REEES, PA WP (Lat. 39°47′52′′ N., long. 077°45′56′′ W.) 

SCAPE, PA Fix (Lat. 39°56′42′′ N., long. 077°32′12′′ W.) 

Issued in Washington, DC, on August 21, 

2013. 

Gary A. Norek, 

Manager, Airspace Policy and ATC 

Procedures Group. 

[FR Doc. 2013–21004 Filed 8–28–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2013–0504; Airspace 

Docket No. 13–AEA–3] 

RIN 2120–AA66 

Establishment, Modification and 

Cancellation of Air Traffic Service 

(ATS) Routes; Northeast United States 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action modifies two jet 

routes, six VOR Federal airways, and 

three area navigation routes; establishes 

six area navigation (RNAV) routes; and 

cancels two VOR Federal airways in the 

northeast United States. This action is 

necessary due to the decommissioning 

of the Lake Henry, PA, VHF 

Omnidirectional Range/Tactical Air 

Navigation (VORTAC) facility which 

provides navigation guidance for 

portions of the affected routes. This 

action enhances the safe and efficient 

management of aircraft within the 

National Airspace System. 

DATES: Effective date 0901 UTC, October 

17, 2013. 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 Policy 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 

The FAA published in the Federal 

Register a notice of proposed 

rulemaking (NPRM) to amend two jet 

routes, six VOR Federal airways, and 

three area navigation routes; establish 

six area navigation (RNAV) routes; and 

cancel two VOR Federal airways in the 

northeast United States (78 FR 38236, 

June 26, 2013). Interested parties were 

invited to participate in this rulemaking 

effort by submitting written comments 

on the proposal. One comment was 

received. The Aircraft Owners and 

Pilots Association (AOPA) did not 

oppose the modifications but 

encouraged the FAA to utilize 

stakeholders in developing an air traffic 

service route modernization plan. 

The Rule 

This action amends Title 14, Code of 

Federal Regulations (14 CFR) part 71 by 

modifying jet routes J–36 and J–68; VOR 

Federal airways V–58, V–93, V–106, V– 

126, V–149, V–408; and RNAV routes 

T–212, T–291 and T–295. This action 

also establishes new RNAV routes Q– 

436, Q–438, Q–440, T–216, T–218 and 

T–221. In addition, VOR Federal 

airways V–153 and V–449 are cancelled. 

The decommissioning of the Lake Henry 

VORTAC (LHY) facility has made this 

action necessary. 

The specific route changes are 

outlined below. 

J–36: J–36 is amended by eliminating 

the segment of the route between Flint, 

MI (FNT) and Sparta, NJ (SAX). A new 

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53240 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 

RNAV route, Q–436, as described 

below, replaces the cancelled segment. 

Most aircraft utilizing J–36 are RNAV 

equipped, so replacing the above J–36 

segment with an RNAV route furthers 

the transition to an RNAV route 

structure and supports the NextGen 

initiative. 

J–68: J–68 is modified by eliminating 

the route segments between FNT and 

Dunkirk, NY (DKK), supporting the 

transition to RNAV and reducing chart 

clutter. RNAV routes Q–436, Q–438 and 

Q–440 (see below), as well as other jet 

routes, provide alternative routings 

through the area. The portion of J–68 

between Hancock, NY (HNK) and 

Nantucket, MA (ACK) is retained. 

Q–436: Q–436 is a new route 

extending between the EMMMA, MI, fix 

and the COATE, NJ, fix. Q–436 replaces 

the cancelled segments of J–36 and that 

part of J–68 that extends between FNT 

and DKK. The routing of Q–436 from 

COATE, NJ, to a point southeast of DKK 

is an exact overlay of the segments of J– 

36 that are cancelled (see above). From 

this point Q–436 continues westbound 

providing a more direct routing for 

aircraft transiting from the New York 

area and landing in Chicago, IL. 

Q–438 and Q–440: RNAV route Q–438 

extends between the RUBYY, MI, WP 

and the RAAKK, NY, WP. Q–440 

extends between the SLLAP, MI, WP 

and the RAAKK, NY, WP. From a point 

southeast of DKK, Q–438 and Q–440 

diverge from Q–436 providing 

segregation between Chicago arrivals 

and aircraft overflying the Chicago area. 

Although not directly tied to the LHY 

VORTAC decommissioning, these 

additional Q-routes serve to reduce ATC 

sector complexity, allow overflight 

aircraft to be cleared to their cruising 

altitude more expeditiously and provide 

a more direct routing to destinations 

west of Chicago; therefore, they are 

included in this rule. 

V–58: V–58 is modified by 

eliminating the segments between 

Williamsport, PA (FQM) and the 

HELON, NY, intersection. Following 

this gap, the airway resumes its charted 

track between HELON and ACK. In 

addition, the Franklin, PA 175° radial is 

changed to the 176° radial to correct a 

mathematical rounding error. 

V–93: The modified V–93 extends 

between Patuxent, MD VORTAC (PXT) 

and the new LAAYK, PA intersection. 

The segments between LAAYK, PA, and 

HELON, NY, are deleted. The route then 

resumes its charted track between 

HELON, NY, and the United States/

Canadian Border. 

V–106: V–106 is realigned to the 

LAAYK, PA, fix in lieu of the LHY 

VORTAC and that portion of the airway 

between LAAYK, PA, and Barnes, MA 

(BAF) is deleted. Following that gap, the 

airway resumes its charted track 

between the Barnes, MA VORTAC 

(BAF) and the Kennebunk, ME VORTAC 

(ENE). This change is made because 

similar routing is available via other 

conventional airways (e.g., V–34 from 

WEETS, NY, to Pawling, NY (PWL) then 

V–405 to BAF). The change also reduces 

chart clutter. As described below, T–212 

replaces the deleted segments of V–106. 

V–126: V–126 is modified by 

eliminating the segment between 

Stonyfork, PA (SFK) and SAX. The new 

RNAV route T–218 replaces the 

cancelled segments of V–126. 

V–149: V–149 is modified by 

replacing the LHY VORTAC with the 

LAAYK, PA, fix (formed by radials from 

the CFB and FJC VORTACs). In 

addition, the segment of V–149 between 

the MAZIE fix and the Allentown, PA 

VORTAC (FJC) is removed because the 

FJC 147°(M) radial, upon which it is 

based, does not pass flight inspection. 

The new T–221 overlies this removed 

segment as described below. 

V–153: V–153 is removed in its 

entirety based on other available route 

alternatives and minimal usage by air 

traffic. 

V–408: V–408 is modified by 

eliminating the segments between FJC 

and SAGES. The eliminated portion is 

replaced by the extension of T–295, as 

described below. 

V–449: V–449 is removed in its 

entirety. With the LHY 

decommissioning, the remainder of the 

airway does not pass flight inspection. 

An extension of T–291, as described 

below, replaces this airway. 

T–212: T–212 is extended to the west 

by adding segments between the 

RASHE, PA, fix (formed by the 

intersection of radials from the 

Selinsgrove, PA (SEG), and the 

Philipsburg, PA, (PSB) VORTACs and 

the WEARD, NY, fix. The amended T– 

212 replaces the cancelled segment of 

V–106 between the LAAYK, PA, and the 

WEETS, NY fixes. 

T–216: T–216 is a new route that 

extends between the PSB and the 

Nantucket, MA, VOR/DME (ACK). T– 

216 overlies V–58 between PSB and 

ACK, and also replaces the cancelled 

portion of V–93 between the LAAYK 

INT and the HELON fix. 

T–218: T–218 is a new route that 

extends between the Stonyfork, PA 

(SFK), VOR/DME and the Sparta, NJ, 

VORTAC (SAX). T–218 replaces V–126 

between SFK and SAX. 

T–221: T–221 is a new route that 

extends between the MAZIE, PA, fix 

and the Albany, NY, VORTAC (ALB). 

T–221 overlies V–149 between the 

MAZIE, PA, fix and Binghamton, NY 

(CFB). 

T–291: T–291 is extended northward 

between HAR and ALB. The extended 

route overlies V–31 to Selinsgrove, PA 

(SEG), then proceeds direct to Milton, 

PA (MIP), and from MIP it replaces V– 

449 by way of the LAAYK, PA, fix and 

terminates at ALB. 

T–295: T–295 is extended northward 

to the Princeton, ME, VOR/DME (PNN). 

T–295 overlies V–93 from Lancaster, PA 

(LRP) through Wilkes-Barre, PA (LVZ), 

to the LAAYK, PA, fix and replaces V– 

408 from LAAYK, PA, to the SAGES, 

NY, fix where it turns and overlies V– 

292 to the SASHA, MA, fix. T–295 then 

continues northbound overlying V–93 to 

PNN. 

This rule includes several minor 

differences from the NPRM. 

Specifically, the LAAYK, PA, WP is 

redescribed as a ‘‘Fix.’’ In the V–58 

description, the Franklin, PA, 175° 

radial is changed to the 176° radial. In 

the T–295 description, the Kennebunk, 

ME, VORTAC is reclassified as a VHF 

Omnidirectional Range/Distance 

Measuring Equipment (VOR/DME). 

Except for these, and editorial changes, 

this rule is the same as published in the 

NPRM. 

Jet routes are published in paragraph 

2004; high altitude RNAV routes (Q) are 

published in paragraph 2006; VOR 

Federal airways are published in 

paragraph 6010(a); and low altitude 

RNAV routes (T) are published in 

paragraph 6011, respectively, of FAA 

Order 7400.9W dated August 8, 2012, 

and effective September 15, 2012, which 

is incorporated by reference in 14 CFR 

71.1. The jet routes, Q routes, VOR 

Federal airways and T 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 because the anticipated 

impact is so minimal. Since this is a 

routine matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule does not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

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Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 53241 

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 

because it modifies the route structure 

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: Policies 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 7400.9W, 

Airspace Designations and Reporting 

Points, dated August 8, 2012, and 

effective September 15, 2012, is 

amended as follows: 

Paragraph 2004 Jet Routes 

* * * * * 

J–36 [Amended] 

From Mullan Pass, ID, via Great Falls, MT; 

Dickinson, ND, via Fargo, ND; Gopher, MN; 

Nodine, MN; INT Nodine 116° and Badger, 

WI, 271° radials; Badger; INT Badger 086° 

and Flint, MI, 278° radials; to Flint. 

J–68 (Amended) 

From Gopher, MI, INT Gopher 109° and 

Dells, WI, 310° radials; Dells; Badger, WI; 

INT Badger 086° and Flint, MI, 278° radials; 

to Flint. From Hancock, NY; INT Hancock 

082° and Putnam, CT, 293° radials; Putnam; 

Providence, RI; to Nantucket, MA. 

* * * * * 

Paragraph 2006 United States Area 

Navigation Routes 

Q–436 EMMMA, MI to COATE, NJ [New] 

EMMMA, MI FIX (Lat. 42°53′04′′ N., long. 084°34′50′′ W.) 

YARRK, (Canada) WP (Lat. 42°31′22′′ N., long. 081°16′06′′ W.) 

CHAAP, (Canada) WP (Lat. 42°30′19′′ N., long. 080°40′57′′ W.) 

RAAKK, NY WP (Lat. 42°23′59′′ N., long. 078°54′39′′ W.) 

HERBA, NY WP (Lat. 42°14′35′′ N., long. 078°16′28′′ W.) 

LAAYK, PA Fix (Lat. 41°28′33′′ N., long. 075°28′57′′ W.) 

COATE, NJ FIX (Lat. 41°08′10′′ N., long. 074°41′43′′ W.) 

Excluding the airspace in Canada. 

Q438 RUBYY, MI to RAAKK, NY [New] 

RUBYY, MI WP (Lat. 43°01′04′′ N., long. 084°35′16′′ W.) 

Flint, MI (FNT) VORTAC (Lat. 42°58′00′′ N., long. 083°44′49′′ W.) 

TWIGS, MI WP (Lat. 42°48′34′′ N., long. 082°33′10′′ W.) 

JAAJA, (Canada) WP (Lat. 42°40′00′′ N., long. 081°16′00′′ W.) 

FARGN, (Canada) WP (Lat. 42°36′42′′ N., long. 079°47′18′′ W.) 

RAAKK, NY WP (Lat. 42°23′59′′ N., long. 078°54′39′′ W.) 

Excluding the airspace in Canada. 

Q440 SLLAP, MI to RAAKK, NY [New] 

SLLAP, MI WP (Lat. 43°27′00′′ N., long. 084°56′20′′ W.) 

Flint, MI (FNT) VORTAC (Lat. 42°58′00′′ N., long. 083°44′49′′ W.) 

TWIGS, MI WP (Lat. 42°48′34′′ N., long. 082°33′10′′ W.) 

JAAJA, (Canada) WP (Lat. 42°40′00′′ N., long. 081°16′00′′ W.) 

FARGN, (Canada) WP (Lat. 42°36′42′′ N., long. 079°47′18′′ W.) 

RAAKK, NY WP (Lat. 42°23′59′′ N., long. 078°54′39′′ W.) 

Excluding the airspace in Canada. 

* * * * * 

Paragraph 6010 VOR Federal Airways 

V–58 [Amended] 

From INT Franklin, PA, 176° and Clarion, 

PA, 222° radials, via INT Clarion 222° and 

Philipsburg, PA, 272° radials; Philipsburg; to 

Williamsport, PA. From INT Sparta, NJ 018° 

and Kingston, NY, 270° radials; Kingston; 

INT Kingston 095° and Hartford, CT, 269° 

radials; Hartford; Groton, CT; Sandy Point, 

RI; to Nantucket, MA. The airspace within R– 

4105 is excluded during times of use. 

V–93 [Amended] 

From Patuxent River, MD, INT Patuxent 

013° and Baltimore, MD, 122° radials; 

Baltimore; INT Baltimore 004° and Lancaster, 

PA, 214° radials; Lancaster; Wilkes-Barre, 

PA; to INT Wilkes-Barre 037° and Sparta, NJ 

300° radials. From INT Sparta 018° and 

Kingston, NY, 270° radials; Kingston; 

Pawling, NY; Chester, MA, 12 miles 7 miles 

wide (4 miles E and 3 miles W of centerline); 

Keene, NH; Concord, NH; Kennebunk, ME; 

INT Kennebunk 045° and Bangor, ME, 220° 

radials; Bangor; Princeton, ME; to INT 

Princeton 057° radial and the United States/ 

Canadian border. 

V–106 [Amended] 

From Johnstown, PA; INT Johnstown 068° 

and Selinsgrove, PA, 259° radials; 

Selinsgrove; INT Selinsgrove 067° and 

Wilkes-Barre, PA, 237° radials; Wilkes-Barre; 

to INT Wilkes-Barre 037° and Sparta, NJ 300° 

radials. From Barnes, MA; Gardner, MA; 

Manchester, NH; to Kennebunk, ME. 

V–126 [Amended] 

From INT Peotone, IL, 053° and Knox, IN, 

297° radials; INT Knox 297° and Goshen, IN, 

270° radials; Goshen; Waterville, OH; 

Sandusky, OH; Dryer, OH; Jefferson, OH; 

Erie, PA; Bradford, PA; to Stonyfork, PA. 

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53242 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 

V–149 [Amended] 

From Allentown, PA; INT Allentown 358° 

and Binghamton, NY 144° radials; to 

Binghamton. 

V–153 [Removed] 

V–408 [Amended] 

From INT Martinsburg, WV, 058° and 

Modena, PA, 258° radials; Modena; 

Pottstown, PA; East Texas, PA; to Allentown, 

PA. 

V–449 [Removed] 

* * * * * 

Paragraph 6011. United States Area 

Navigation Routes 

T–212 RASHE, PA to Putnam, CT (PUT) [Amended] 

RASHE, PA FIX (Lat. 40°40′36′′ N., long. 077°38′39′′ W.) 

Selinsgrove, PA (SEG) VORTAC (Lat. 40°47′27′′ N., long. 076°53′03′′ W.) 

DIANO, PA FIX (Lat. 41°00′02′′ N., long. 076°13′34′′ W.) 

Wilkes Barre, PA (LVZ) VORTAC (Lat. 41°16′22′′ N., long. 075°41′22′′ W.) 

LAAYK, PA FIX (Lat. 41°28′33′′ N., long. 075°28′57′′ W.) 

WEETS, NY FIX (Lat. 41°51′27′′ N., long. 074°11′52′′ W.) 

NELIE, CT FIX (Lat. 41°56′28′′ N., long. 072°41′19′′ W.) 

Putnam, CT (PUT) VOR/DME (Lat. 41°57′20′′ N., long. 071°50′39′′ W.) 

T–216 Philipsburg, PA (PSB) to Nantucket, MA (ACK) [New] 

Philipsburg, PA (PSB) VORTAC (Lat. 40°54′59′′ N., long. 077°59′34′′ W.) 

Williamsport, PA 

(FQM) 

VOR/DME (Lat. 41°20′19′′ N., long. 076°46′30′′ W.) 

ELEXY, PA WP (Lat. 41°25′54′′ N., long. 076°07′35′′ W.) 

LAAYK, PA FIX (Lat. 41°28′33′′ N., long. 075°28′57′′ W.) 

HELON, NY FIX (Lat. 41°40′03′′ N., long. 074°16′50′′ W.) 

Kingston, NY (IGN) VOR/DME (Lat. 41°39′56′′ N., long. 073°49′20′′ W.) 

MOONI, CT FIX (Lat. 41°37′53′′ N., long. 073°19′19′′ W.) 

Hartford, CT (HFD) VOR/DME (Lat. 41°38′28′′ N., long. 072°32′51′′ W.) 

Groton, CT (GON) VOR/DME (Lat. 41°19′49′′ N., long. 072°03′07′′ W.) 

Sandy Point, RI (SEY) VOR/DME (Lat. 41°10′03′′ N., long. 071°34′34′′ W.) 

Nantucket, MA (ACK) VOR/DME (Lat. 41°16′55′′ N., long. 070°01′36′′ W.) 

The airspace within R–4105 is excluded during times of use. 

T–218 Stonyfork, PA (SFK) to Sparta, NJ (SAX) [New] 

Stonyfork PA (SFK) VOR/DME (Lat. 41°41′43′′ N., long. 077°25′12′′ W.) 

LAAYK, PA FIX (Lat. 41°28′33′′ N., long. 075°28′57′′ W.) 

Sparta, NJ (SAX) VORTAC (Lat. 41°04′03′′ N., long. 074°32′18′′ W.) 

T–221 MAZIE, PA to Binghamton, NY (CFB) [New] 

MAZIE PA FIX (Lat. 40°19′20′′ N., long. 075°06′35′′ W.) 

Allentown, PA (FJC) VORTAC (Lat. 40°43′36′′ N., long. 075°27′17′′ W.) 

LAAYK, PA FIX (Lat. 41°28′33′′ N., long. 075°28′57′′ W.) 

Binghamton, NY (CFB) VORTAC (Lat. 42°09′27′′ N., long. 076°08′11′′ W.) 

T–291 LOUIE, MD to Albany, NY (ALB) [Amended] 

LOUIE, MD FIX (Lat. 38°36′44′′ N., long. 076°18′04′′ W.) 

BAABS, MD WP (Lat. 39°19′51′′ N., long. 076°24′41′′ W.) 

Harrisburg, PA (HAR) VORTAC (Lat. 40°18′08′′ N., long. 077°04′10′′ W.) 

Selinsgrove, PA (SEG) VORTAC (Lat. 40°47′27′′ N., long. 076°53′03′′ W.) 

Milton, PA (MIP) VORTAC (Lat. 41°01′24′′ N., long. 076°39′55′′ W.) 

MEGSS, PA FIX (Lat. 41°11′13′′ N., long. 076°12′41′′ W.) 

LAAYK, PA FIX (Lat. 41°28′33′′ N., long. 075°28′57′′ W.) 

Delancey, NY (DNY) VOR/DME (Lat. 42°10′42′′ N., long. 074°57′25′′ W.) 

Albany, NY (ALB) VORTAC (Lat. 42°44′50′′ N., long. 073°48′11′′ W.) 

T–295 LOUIE, MD to Princeton, ME (PNN) [Amended] 

LOUIE, MD FIX (Lat. 38°36′44′′ N., long. 076°18′04′′ W.) 

BAABS, MD WP (Lat. 39°19′51′′ N., long. 076°24′41′′ W.) 

Lancaster, PA (LRP) VORTAC (Lat. 40°07′12′′ N., long. 076°17′29′′ W.) 

Wilkes-Barre, PA (LVZ) VORTAC (Lat. 41°16′22′′ N., long. 075°41′22′′ W.) 

LAAYK, PA FIX (Lat. 41°28′33′′ N., long. 075°28′57′′ W.) 

SAGES, NY FIX (Lat. 42°02′46′′ N., long. 074°19′10′′ W.) 

SASHA, MA FIX (Lat. 42°07′59′′ N., long. 073°08′55′′ W.) 

Keene, NH (EEN) VORTAC (Lat. 42°47′39′′ N., long. 072°17′30′′ W.) 

Concord, NH (CON) VORTAC (Lat. 43°13′11′′ N., long. 071°34′32′′ W.) 

Kennebunk, ME (ENE) VOR/DME (Lat. 43°25′32′′ N., long. 070°36′49′′ W.) 

BRNNS, ME FIX (Lat. 43°54′09′′ N., long. 069°56′43′′ W.) 

Bangor, ME (BGR) VORTAC (Lat. 44°50′30′′ N., long. 068°52′26′′ W.) 

Princeton, ME (PNN) VOR/DME (Lat. 45°19′45′′ N., long. 067°42′15′′ W.) 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 53243 

Issued in Washington, DC, on August 21, 

2013. 

Gary A. Norek, 

Manager, Airspace Policy and ATC 

Procedures Group. 

[FR Doc. 2013–21009 Filed 8–28–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2013–0555] 

RIN 1625–AA00 

Safety Zone; TriRock San Diego, San 

Diego Bay, San Diego, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

upon the navigable waters of the San 

Diego Bay, San Diego, CA, in support of 

a triathlon bay swim. This safety zone 

is necessary to provide for the safety of 

the participants, crew, spectators, 

participating vessels, and other vessels 

and users of the waterway. Persons and 

vessels are prohibited from entering 

into, transiting through, or anchoring 

within this safety zone unless 

authorized by the Captain of the Port, or 

his designated representative. 

DATES: This rule is effective from 6:30 

a.m. to 9:30 a.m. on September 22, 2013. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket [USCG– 

2013–0555]. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Petty Officer Bryan Gollogly, 

Waterways Management, U.S. Coast 

Guard Sector San Diego; telephone (619) 

278–7656, email 

d11marineeventssandiego@uscg.mil. If 

you have questions on viewing or 

submitting material to the docket, call 

Barbara Hairston, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

A. Regulatory History and Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because the 

logistical details of the San Diego Bay 

triathlon swim were not finalized nor 

presented to the Coast Guard in enough 

time to draft and publish an NPRM. As 

such, the event would occur before the 

rulemaking process was complete. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register because it is impractical and 

contrary to the public interest. The 

Coast Guard did not have the necessary 

event information in time to provide 

both a comment period and allow for a 

30 day delayed effective date. 

Immediate action is required to ensure 

the safety zone is in place to protect 

participants, crew, spectators, 

participating vessels, and other vessels 

and users of the waterway during the 

event. 

B. Basis and Purpose 

The Ports and Waterways Safety Act 

gives the Coast Guard authority to create 

and enforce safety zones. The Coast 

Guard is establishing a temporary safety 

zone on the navigable waters of San 

Diego Bay for a swim event. 

The safety zone will be enforced from 

6:30 a.m. to 9:30 a.m. on September 22, 

2013. The limits of the safety zone will 

be navigable waters of the San Diego 

Bay in the vicinity of the San Diego 

Convention Center bound by the 

following coordinates including the 

marina: 32°42′16 N, 117°09′58′′ W to 

32°42′15′′ N, 117°10′02′′ W then south to 

32°42′00′′ N, 117°09′45′′ W to 32°42′03′′ 

N, 117°09′40′′ W. 

This safety zone is necessary to 

provide for the safety of the 

participants, crew, spectators, sponsor 

vessels, and other users of the 

waterway. 

C. Discussion of the Final Rule 

This safety zone is necessary to 

ensure unauthorized personnel and 

vessels remain safe by keeping clear 

during the bay swim. Persons and 

vessels are prohibited from entering 

into, transiting through, or anchoring 

within this safety zone unless 

authorized by the Captain of the Port, or 

his designated representative. 

Before the effective period, the Coast 

Guard will publish a Coast Guard 

District Eleven Local Notice to Mariners 

information on the event and associated 

safety zone. 

Vessels will be able to transit the 

surrounding area and may be authorized 

to transit through the safety zone with 

the permission of the Captain of the Port 

of the designated representative. 

Immediately before and during the 

fireworks display, Coast Guard Sector 

San Diego Joint Harbor Operations 

Center will issues Broadcast Notice to 

Mariners on the location and 

enforcement of the safety zone. 

D. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

executive orders. 

1. Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of Executive Order 12866 

or under section 1 of Executive Order 

13563. The Office of Management and 

Budget has not reviewed it under those 

Orders. This determination is based on 

the size, duration and location of the 

safety zone. Commercial vessels will not 

be hindered by the safety zone. 

Recreational vessels may be allowed to 

transit through the designated safety 

zone during specified times if they 

request and obtain authorization from 

the Captain of the Port, or his 

designated representative. Additionally, 

before the effective period, the Coast 

Guard will publish a Local Notice to 

Mariners. 

2. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, as amended, 

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