[Federal Register Volume 60, Number 185 (Monday, September 25, 1995)]
[Proposed Rules]
[Pages 49354-49356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23647]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 94-ASO-20]
Proposed Alteration and Establishment of VOR Federal Airways; FL
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (SNPRM).
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SUMMARY: On May 3, 1995 (60 FR 21776), the FAA proposed to establish a
new Federal Airway V-601 and to modify Federal Airways V-7, V-35, and
V-157 in the Miami, FL, area. This rulemaking action is necessary
because of the decommissioning of the Miami, FL, Very High Frequency
Omnidirectional Range and Tactical Air Navigation (VORTAC) and the
commissioning of the Dolphin, FL, VORTAC. The Notice of Proposed
Rulemaking (NPRM), as published, contained several inadvertent errors
in defining intersections in the descriptions of the Federal airways.
This Supplemental Notice of Proposed Rulemaking (SNPRM) corrects those
errors and proposes to modify the description of V-601, as proposed in
the NPRM, to provide a preferred route for pilots transitioning over
water. Finally, this SNPRM removes nonessential language concerning a
Military Operations Area (MOA) and two restricted areas from the
descriptions of the Federal airways and adds an exclusion for a
restricted area to an airspace description.
DATES: Comments must be received on or before October 3, 1995.
ADDRESSES: Send comments on the proposal in triplicate to: Manager, Air
Traffic Division, ASO-500, Docket No. 94-ASO-20, Federal Aviation
Administration, PO Box 20636, Atlanta, GA 30320.
The official docket may be examined in the Rules Docket, Office of
the Chief Counsel, Room 916, 800 Independence Avenue, SW., Washington,
DC, weekdays, except Federal holidays, between 8:30 a.m. and 5 p.m.
An informal docket may also be examined during normal business
hours at the office of the Regional Air Traffic Division.
FOR FURTHER INFORMATION CONTACT: Patricia P. Crawford, Airspace and
Obstruction Evaluation Branch (ATP-240), Airspace-Rules and
Aeronautical Information Division, Air Traffic Rules and Procedures
Service, Federal Aviation Administration, 800 Independence Avenue, SW.,
Washington, DC 20591; telephone: (202) 267-9255.
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,
and energy-related aspects of the proposal. Communications should
identify the airspace docket number and be submitted in triplicate to
the address listed above. Commenters wishing the FAA to acknowledge
receipt of their comments on this notice must submit with those
comments a self-addressed, stamped postcard on which the following
statement is made: ``Comments to Airspace Docket No. 94-ASO-20.'' 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 notice may be changed in light of
comments received. All comments submitted will be available for
examination in the Rules 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 SNPRM's
Any person may obtain a copy of this SNPRM by submitting a request
to the Federal Aviation Administration, Office of Public Affairs,
Attention: Public Inquiry Center, APA-220, 800 Independence Avenue,
SW., Washington, DC 20591, or by calling (202) 267-3485. Communications
must identify the notice number of this
[[Page 49355]]
SNPRM. Persons interested in being placed on a mailing list for future
NPRM's should also request a copy of Advisory Circular No. 11-2A, which
describes the application procedure.
The Proposal
The FAA is considering an amendment to part 71 of the Federal
Aviation Regulations (14 CFR part 71) to establish a new Federal Airway
V-601, and to modify V-7, V-35, V-157 in the Miami, FL, area. The FAA
published the NPRM on May 3, 1995 (60 FR 21776). Comments received in
response to the NPRM and this SNPRM would be addressed in the final
disposition of the rule. Changes and explanations to the airspace
designations are as follows: (1) V-7: The airspace designation would be
corrected to accurately define an intersection. The ``Dolphin
293 deg.T(297 deg.M)'' is corrected to the ``Dolphin
299 deg.T(303 deg.M).'' (2) V-35: An inadvertent error occurred in
defining two intersections. The intersection of ``Dolphin
267 deg.T(271 deg.M) and Cypress, FL, 110 deg.T(110 deg.M) radials''
would be corrected to ``Dolphin 266 deg.T(270 deg.M); INT Cypress
110 deg.T(110 deg.M) and Lee County, FL, 139 deg.T(141 deg.) radials''
would be corrected to ``INT Cypress 110 deg.T(110 deg.M) and Lee
County, FL, 138 deg.T(140 deg.M) radials.'' The language excluding
Restricted Area R-2916 from the airspace designation is obsolete and
would be deleted. (3) V-157: The language excluding Restricted Area R-
2901A is no longer applicable and would be deleted. The exclusionary
language, ``The airspace within R-4005 and R-4006 is excluded''
inadvertenly left out R-4007A and would be corrected to include R-
4007A. The language concerning the Lake Placid MOA would be deleted
because it is not necessary and would not affect operations along V-
157. (4) V-601: The airspace designation would be modified to provide
the airspace users with a preferred routing for transitioning over
water to the Key West, FL, area. In addition, an inadvertent error in
the radials defining the intersection would be corrected. V-601 would
be changed from ``From Pahokee, FL; INT Pahokee 212 deg.T(212 deg.M)
and Marathon, FL; 354 deg.T(357 deg.M) radials; Marathon'' to ``From
Pahokee, FL; INT Pahokee 211 deg.T(211 deg.M) and Key West, FL,
020 deg.T(019 deg.M) radials; Key West.'' This proposed modification
would provide a more desirable transition route in support of aircraft
not equipped for long distances over water. Domestic VOR Federal
airways are published in paragraph 6010(a) of FAA Order 7400.9C dated
August 17, 1995, effective September 16, 1995, which is incorporated by
reference in 14 CFR 71.1. The Domestic VOR Federal airways listed in
this document would 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.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under 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.
ICAO Considerations
As part of this proposal relates to navigable airspace outside the
United States, this notice is submitted in accordance with the
International Civil Aviation Organization (ICAO) International
Standards and Recommended Practices.
Applicability of International Standards and Recommended Practices
by the Air Traffic Rules and Procedures Service, FAA, in areas outside
domestic airspace of the United States is governed by Article 12 of,
and Annex 11 to, the Convention on International Civil Aviation, which
pertains to the establishment of air navigational facilities and
services necessary to promote the safe, orderly, and expeditious flow
of civil air traffic. Their purpose is to ensure that civil aircraft
operations on international air routes is carried out under uniform
conditions designed to improve the safety and efficiency of air
operations.
The International Standards and Recommended Practices in Annex 11
apply in those parts of the airspace under the jurisdiction of a
contracting state, derived from ICAO, wherein air traffic services are
provided and also whenever a contracting state accepts the
responsibility of providing air traffic services over high seas or in
airspace of undetermined sovereignty. A contracting state accepting
such responsibility may apply the International Standards and
Recommended Practices in a manner consistent with that adopted for
airspace under its domestic jurisdiction.
In accordance with Article 3 of the Convention on International
Civil Aviation, Chicago, 1944, state aircraft are exempt from the
provisions of Annex 11 and its Standards and Recommended Practices. As
a contracting state, the United States agreed by Article 3(d) that its
state aircraft will be operated in international airspace with due
regard for the safety of civil aircraft.
Since this action involves, in part, the designation of navigable
airspace outside the United States, the Administrator is consulting
with the Secretary of State and the Secretary of Defense in accordance
with the provisions of Executive Order 10854.
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--[AMENDED]
1. The authority citation for 14 CFR 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; 14 CFR 11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995, and effective September 16,
1995, is amended as follows:
Paragraph 6010(a) Domestic VOR Federal Airways
* * * * *
V-7 (Revised)
From Dolphin, FL; INT Dolphin 299 deg.T(303 deg.M) and Lee
County, FL, 120 deg. radials; Lee County; Lakeland, FL; Cross City,
FL; Tallahassee, FL; Wiregrass, AL; INT Wiregrass 333 deg. and
Montgomery, AL, 129 deg. radials; Montgomery; Vulcan, AL; Muscle
Shoals, AL; Graham, TN; Central City, KY; Pocket City, IN; INT
Pocket City 016 deg. and Terre Haute, IN, 191 deg. radials; Terre
Haute; Boiler, IN; Chicago Heights, IL; INT Chicago Heights 358 deg.
and Falls, WI, 170 deg. radials; Falls; Green Bay, WI; Menominee,
MI; Marquette, MI. The airspace below 2,000 feet MSL outside the
United States is excluded. The portion outside the United States has
no upper limit.
* * * * *
V-35 (Revised)
From Dolphin, FL; INT Dolphin 266 deg.T(270 deg.M) and Cypress,
FL,
[[Page 49356]]
110 deg.T(110 deg.M) radials; INT Cypress 110 deg. and Lee County, FL,
138 deg.T(140 deg.M) radials; Lee County; INT Lee County 326 deg.
and St. Petersburg, FL, 152 deg. radials; St. Petersburg; INT St.
Petersburg 350 deg. and Cross City, FL, 168 deg. radials; Cross
City, FL; Greenville, FL; Pecan, GA; Macon, GA; INT Macon 005 deg.
and Athens, GA, 195 deg. radials; Athens; Electric City, SC;
Sugarloaf Mountain, NC; Holston Mountain, TN; Glade Spring, VA;
Charleston, WV; INT Charleston 051 deg. and Elkins, WV, 264 deg.
radials; Clarksburg, WV; Morgantown, WV; Indian Head, PA; Johnstown,
PA; Tyrone, PA; Philipsburg, PA; Stonyfork, PA; Elmira, NY;
Syracuse, NY. The airspace below 2,000 feet MSL outside the United
States is excluded. The portion outside the United States has no
upper limit.
* * * * *
V-157 (Revised)
From Key West, FL; INT Key West 038 deg.T(037 deg.M) and
Dolphin, FL, 244 deg.T(248 deg.M) radials; Dolphin; INT Dolphin
331 deg.T(335 deg.M) and La Belle, FL, 113 deg.T radials; La Belle;
Lakeland, FL; Ocala, FL; Gainesville, FL; Taylor, FL; Waycross, GA;
Alma, GA; Allendale, SC; Vance, SC; Florence, SC; Fayetteville, NC;
Kinston, NC; Tar River, NC; Lawrenceville, VA; Richmond, VA; INT
Richmond 039 deg. and Patuxent, MD, 228 deg. radials; Patuxent;
Smyrna, DE; Woodstown, NJ; Robbinsville, NJ; INT Robbinsville
044 deg. and LaGuardia, NY, 213 deg. radials; LaGuardia; INT
LaGuardia 032 deg. and Deer Park, NY, 326 deg. radials; INT Deer
Park 326 deg. and Kingston, NY, 191 deg. radials; Kingston, NY; to
Albany, NY. The airspace within R-6602A is excluded. The airspace
within R-4005, R-4006, and R-4007A are excluded.
* * * * *
V-601 (New)
From Pahokee, FL; INT Pahokee 211 deg.T(211 deg.M) and Key West,
FL, 020 deg.T(019 deg.M) radials; Key West.
* * * * *
Issued in Washington, DC, on September 18, 1995.
Nancy Kalinowski,
Acting Manager, Airspace-Rules and Aeronautical Information Division.
[FR Doc. 95-23647 Filed 9-22-95; 8:45 am]
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