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 Department of Transportation Federal Aviation Administration 14 CFR Part 71
[Docket No. FAA-2008-1026; Airspace Docket No. 08-AEA-17]
RIN 2120-AA66
 AGENCY: Federal Aviation Administration (FAA), DOT.
 ACTION: Notice of proposed rulemaking (NPRM).
 SUMMARY: This action proposes to establish a high altitude area navigation (RNAV) route, designated Q-42, extending between the New York-Philadelphia area and the Kirksville, MO, very high frequency omnidirectional range/tactical air navigation (VORTAC) aid. The route would streamline RNAV procedures in the east-central United States by creating a route parallel to the existing Jet Route J-80. The new route would help alleviate departure delay issues for westbound aircraft flying from the New York and Philadelphia areas.
 DATES: Comments must be received on or before March 9, 2009.
 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-2008-1026 and Airspace Docket No. 08-AEA-17 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-2008-1026 and Airspace Docket No. 08-AEA-17) 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-2008-1026 and Airspace Docket No. 08-AEA-17.” 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 NPRM's 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, Federal Aviation Administration, Room 210, 1701 Columbia Ave., College Park, GA 30337. Persons interested in being placed on a mailing list for future NPRM's 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 establish a high altitude RNAV route, designated Q-42, between the ELIOT, PA, navigation fix and the Kirksville, MO, VORTAC. The new route would help alleviate departure delays by providing an additional route, generally parallel to existing Jet Route J-80, to handle westbound departure traffic from the New York and Philadelphia airports. The new route would traverse airspace assigned to the New York, Cleveland, Indianapolis, Chicago and Kansas City Air Route Traffic Control Centers. High altitude RNAV routes are published in paragraph 2006 of FAA Order 7400.9S signed October 3, 2008 and effective October 31, 2008, which is incorporated by reference in 14 CFR 71.1. The RNAV route listed in this document will be published subsequently 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 
                    ( print page 3469)
                    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 establishes an RNAV route to enhance the safe and efficient flow of traffic in the east-central United States. 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, 311b. 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)
 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. § 71.1
  2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9S, Airspace Designations and Reporting Points, signed October 3, 2008 and effective October 31, 2008, is amended as follows: Paragraph 2006 United States Area Navigation Routes. 
 **Q-42 IRK MO to ELIOT, PA [New]**IRK
VORTAC
(Lat. 40°08′06′′ N., long. 92°35′30′′ W.)STRUK
WP
(Lat. 40°14′04′′ N., long. 90°18′22′′ W.)DNV
VORTAC
(Lat. 40°17′38′′ N., long. 87°33′26′′ W.)MIE
VOR/DME
(Lat. 40°14′14′′ N., long. 85°23′39′′ W.)HIDON
WP
(Lat. 40°10′00′′ N., long. 81°37′27′′ W.)BUBAA
WP
(Lat. 40°10′27′′ N., long. 80°58′17′′ W.)PSYKO
WP
(Lat. 40°08′37′′ N., long. 79°09′13′′ W.)BRNAN
WP
(Lat. 40°08′07′′ N., long. 77°50′07′′ W.)MAALS
WP
(Lat. 40°19′16′′ N., long. 76°16′08′′ W.)SUZIE
WP
(Lat. 40°27′12′′ N., long. 75°58′22′′ W.)ETX
VOR/DME
(Lat. 40°34′52′′ N., long. 75°41′02′′ W.)ELIOT
WP
(Lat. 40°49′07′′ N., long. 75°07′48′′ W.)
 Issued in Washington, DC, on January 12, 2009. Edith V. Parish, Manager, Airspace & Rules Group.


[FR Doc. E9-1112 Filed 1-16-09; 8:45 am] BILLING CODE 4910-13-P