[Federal Register Volume 68, Number 67 (Tuesday, April 8, 2003)]
[Rules and Regulations]
[Pages 16943-16948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8286]



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  Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules 
and Regulations  

[[Page 16943]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 1, 71, 95, and 97

[Docket No. FAA-2003-14698; Amendment Nos. 1-50; 71-32; 95-339; 97-
1334]
RIN 2120-AH77


Designation of Class A, B, C, D, and E Airspace Areas; Air 
Traffic Service Routes; and Reporting Points

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This action adopts certain amendments proposed in Notice No. 
02-20, Area Navigation (RNAV) and Miscellaneous Amendments. 
Specifically, this action revises or adopts several definitions in FAA 
regulations, including Air Traffic Service routes, in part to be in 
concert with International Civil Aviation Organization (ICAO) 
definitions; reorganizes the structure of FAA regulations concerning 
the Designation of Class A, B, C, D, and E Airspace Areas; Airways; 
Routes; and Reporting Points, without changing the intent of the rule; 
and incorporates by reference two FAA Orders on Terminal Instrument 
Procedures (TERPS) and Flight Procedures and Airspace, into the Code of 
Federal Regulations. This action is intended to facilitate the 
development of RNAV routes that are not restricted to ground-based 
navigation references.

DATES: This final rule is effective on May 15, 2003. The incorporation 
by reference of certain publications listed in the rule is approved by 
the Director of the Federal Register as of May 15, 2003. Comments on 
this action must be submitted on or before May 8, 2003.

ADDRESSES: Address your comments to the Docket Management System, U.S. 
Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., 
Washington, DC 20590-0001. You must identify the docket number FAA-
2003-14698 at the beginning of your comments, and you should submit two 
copies of your comments.
    You may also submit comments through the Internet to http://dms.dot.gov. You may review the public docket containing comments to 
these proposed regulations in person in the Dockets Office between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
Dockets Office is on the plaza level of the NASSIF Building at the 
Department of Transportation at the above address. Also, you may review 
public dockets on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace and Rules 
Division, ATA-400, Office of Air Traffic Airspace Management, Federal 
Aviation Administration, 800 Independence Ave., SW., Washington, DC 
20591; telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite interested persons to participate in this rulemaking by 
submitting such written data, views, or arguments, as they may desire. 
We also invite comments relating to environmental, energy, federalism, 
or international trade impacts that might result form this amendment. 
Please include the regulatory docket or amendment number and send two 
copies to the address above. We will file all comments received, as 
well as a report summarizing each substantive public contact with FAA 
personnel on this rulemaking, in the public docket. The docket is 
available for public inspection before and after the comment closing 
date.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act statement in the Federal Register published on 
April 11, 2000 (volume 65, number 70; pages 19477-78), or you may visit 
http://dms.dot.gov.
    The FAA will consider all comments received on or before the 
closing date for comments. We will consider late comments to the extent 
practicable. We may amend this final rule in light of the comments 
received.
    Commenters who want the FAA to acknowledge receipt of their 
comments submitted in response to this final rule must include a 
preaddressed, stamped postcard with those comments on which the 
following statement is made: ``Comments to Docket No. FAA-2003-14698.'' 
The postcard will be date-stamped by the FAA and mailed to the 
commenter.

Availability of Final Rule

    You can get an electronic copy using the Internet by:
    (1) Searching the Department of Transportation's electronic Docket 
Management System (DMS) Web page (http://dms.dot.gov/search);
    (2) Visiting the Office of Rulemaking's Web page at http://www.faa.gov/avr/arm/index.cfm; or
    (3) Accessing the Government Printing Office's Web page at http://www.access.gpo.gov/su_docs/aces/aces140.html.
    You can also get a copy by submitting a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue, SW., Washington, DC 20591, or by calling (202) 267-9680. Make 
sure to identify the docket number, notice number, or amendment number 
of this rulemaking.

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires FAA to comply with small entity requests for information 
or advice about compliance with statutes and regulations within its 
jurisdiction. Therefore, any small entity that has a question regarding 
this document may contact their local FAA official, or the person 
listed under FOR FURTHER INFORMATION CONTACT. You can find out more 
about SBREFA on the Internet at our site, http://www.gov/avr/arm/sbrefa.htm. For more information on SBREFA, e-mail us [email protected].

Background

    On December 17, 2002, the FAA published Notice No. 02-20, Area 
Navigation (RNAV) and Miscellaneous Amendments, (Docket No. FAA-2002-

[[Page 16944]]

14002; 67 FR 77326). In that notice, the FAA proposed to amend its 
regulations (14 CFR parts, 1, 71, 91, 95, 97, 121, 125, 129, and 135) 
to reflect technological advances that support RNAV operations; make 
certain terms consistent with those of the ICAO; remove the middle 
marker as a required component of instrument landing systems; and 
clarify airspace terminology. The changes in Notice No. 02-20 were 
proposed to facilitate the transition from reliance on ground-based 
navigation to new reference sources, enable advancements in technology, 
and increase efficiency of the National Airspace System. These 
amendments do not preclude the continued use of ground-based navigation 
systems. The comment period for Notice No. 02-20 closed on January 31, 
2003. In response to the notice, the FAA received 21 comments.
    A number of commenters requested that the FAA extend the comment 
period for up to 90 days to permit more in depth analyses of the 
proposal. Other comments received on this effort concerned the proposed 
amendments to communications and navigation equipment requirements, and 
instrument approach procedure terminology. These particular comments 
were substantive and reflected a significant interest in many areas of 
the proposed amendments. Also, several comments were received regarding 
the proposed amendments to air traffic service (ATS) routes terminology 
and criteria in part 1 and part 71. The FAA believes that many of these 
comments indicate that the commenters misunderstood the scope and 
intent of the proposed changes to part 1 and part 71.
    For the reasons discussed below, the FAA is taking two separate 
actions: (1) Issuing a final rule, request for comments, on those 
matters dealing with the revision or adoption of several definitions in 
14 CFR part 1, the reorganization of 14 CFR part 71, and the 
incorporation of FAA Order 8260.3 and FAA Order 8260.19 into the Code 
of Federal Regulations by reference; and (2) reopening the comment 
period for the proposed RNAV operations and equipment requirements. The 
reopening of the comment period for the proposed RNAV operations and 
equipment requirements is published separately in today's Federal 
Register.

Rationale for Separate Rule Action

    This separate rulemaking effort will enable the FAA to proceed with 
the design and development phase of a high altitude RNAV route 
structure while providing an additional opportunity for public input. 
Operators of suitably-equipped aircraft will be able to realize some of 
the benefits of this High Altitude Redesign (HAR) project potentially 
as early as the summer of 2003. The HAR seeks to maximize the 
efficiency of the National Airspace System through the use of new 
technology and airspace concepts in the high altitude structure. The 
HAR will enable improved system efficiency by establishing high 
altitude RNAV routes for use by operators of suitably equipped 
aircraft. For example, establishing multiple routes in high density 
corridors where air traffic flows are currently served by a single jet 
route will lead to a reduction in ``miles-in-trail'' restrictions and 
alleviate ``choke points'' that lead to air traffic delays. In 
consideration of the increased traffic volume expected during the 
upcoming summer air travel season, the potential for increased air 
traffic delays, and the time required to promulgate airspace rulemaking 
actions to establish RNAV routes, the FAA believes that it is in the 
public interest to adopt these amendments in a separate final rule.
    Many of the aircraft in the U.S. commercial fleet operating in the 
high altitude structure are already capable of utilizing the RNAV 
routes being implemented under the HAR. Experience from the 
implementation of RNAV procedures and routes in the terminal 
environment indicates significant time and fuel savings for 
participating carriers and demonstrates the potential of the HAR 
project.
    The new RNAV routes will supplement, but not replace, the existing 
National Airspace System (NAS) route structure (i.e., Federal airways 
and jet routes). The adoption of these amendments will facilitate the 
expanded use of RNAV systems for operators of suitably equipped 
aircraft. However, the adoption will not impose any new obligation on 
users to change from current ground-based navigation systems.
    The FAA has determined that these amendments can be adopted 
separately without adverse impact on the continuing rulemaking process 
for the remaining proposed amendments in Notice No. 02-20. We have also 
determined that failure to proceed with a final rule now would further 
delay the savings that would be realized by a significant number of 
system users. The FAA recognizes that some members of the public may 
not have submitted comments on the relevant proposals because they 
requested an extension of the comment period. Therefore, the FAA is 
opening a 30-day comment period with this final rule.
    In response to these particular proposals, the FAA received four 
comments regarding the amendments to parts 1 and 71 being adopted in 
this final rule. No comments were received regarding the amendments to 
Sec. Sec.  95.1 and 97.20. These comments are further discussed below.

Analysis of Comments

Section 1.1 General Definitions

    Comments were received regarding the definitions ``Air Traffic 
Service (ATS) route'' and ``Area navigation (RNAV).'' The Airline 
Dispatchers Federation wrote expressing general approval of the NPRM, 
but was concerned that the definition of an Air Traffic Service route 
does not ``concur'' with other regulatory requirements.
    The FAA does not agree with this comment. This ICAO definition of 
Air Traffic Service route is being adopted simply as a general term to 
include all Federal airways, jet routes, and RNAV routes in the NAS. 
The definition states that an ATS route would be defined by route 
specifications that may include a route designator, the path to or from 
fixes, distance between fixes, reporting requirements, and the lowest 
safe altitude for the route. This is general information that is 
consistent with the information currently contained in various 
directives regarding the development and establishment of Federal 
airways and jet routes in the NAS.
    Alaska Airlines questioned how ATS routes would be referred to in 
day-to-day communications and operations. The Aircraft Owners and 
Pilots Association (AOPA) expressed similar concerns, and stated that 
the FAA should use the term ``ATS route'' only in internal orders and 
procedures design guidance, citing the potential for confusion.
    The FAA disagrees with these comments. As stated above, the term 
``ATS route'' is a general term used to describe all types of routes 
designated in the NAS. The FAA does not foresee changing the 
identification of existing routes. The current prefixes ``J'' and ``V'' 
will continue to be used to describe jet routes and VOR Federal 
airways, respectively, in flight plans, ATC communications, and 
regulations. In addition, colored Federal airways will also continue to 
be described by the appropriate colors and prefixes (e.g., Red Federal 
airways: R-1; Green Federal airways: G-1; etc.). Also, the FAA will add 
a new prefix, ``Q,'' to identify domestic RNAV routes that will be 
established as one outcome of this rule. The new routes will be 
established by

[[Page 16945]]

rule in the same manner as jet routes and victor airways. ICAO has 
allotted the ``Q'' prefix, and the number series 001 through 499, to 
the United States for this purpose (e.g., Q-105). ATC communications 
and flight plans will refer to these routes by ``Q-prefix and number'' 
as is currently done for ``jet routes'' and ``victor airways.'' 
Further, the FAA plans to amend appropriate publications, such as the 
Aeronautical Information Manual (AIM), to reflect the changes adopted 
in this rule.
    As part of their comments on the proposal, Continental Airlines 
requested that the proposed definition of area navigation (RNAV) be 
dropped, stating that more industry input is required.
    The FAA does not agree with this request. The current definition in 
Sec.  1.1 limits the use of RNAV to station-referenced navigation 
signals (i.e., ground-based navigation aids) or within the limits of 
self-contained system capability. The new definition describes RNAV as 
a method of navigation that permits aircraft operations on any desired 
flight path. This broadened definition is intended to allow the 
expanded use of RNAV systems and allows the flexibility to take 
advantage of future changes in navigation technology. The FAA 
acknowledges that not all RNAV-capable aircraft are suitably equipped 
to operate on all RNAV routes. The FAA will determine the means to 
qualify aircraft for various RNAV operations and the method for 
promulgating the requirements to operate on RNAV routes. These 
requirements will be promulgated similarly to the way part 71 routes 
and part 97 procedures are currently promulgated. In addition, the 
modified definition of area navigation (RNAV) route stipulates that the 
routes are ATS routes that can be used by suitably equipped aircraft.

Section 71.11 Air Traffic Service (ATS) routes

    In response to Notice No. 02-20, Continental Airlines and Alaska 
Airlines submitted comments on Sec.  71.11. Continental Airlines 
requested that the proposed subparagraphs (a), (b), and (c) be deleted 
and Sec.  71.11 be rewritten as follows: ``Unless otherwise specified, 
ATS routes include the protected airspace dimensions as determined 
acceptable by the Administrator.''
    The FAA does not agree with Continental Airlines' comment. The 
revised Sec.  71.11, as suggested by Continental Airlines, omits 
certain important information regarding route design that should be 
reflected in part 71. Subparagraphs (a), (b), and (c), as proposed in 
Notice No. 02-20, are based on information extracted from the existing 
Sec.  71.75 ``Extent of Federal airways'' that is useful to the public. 
The new Sec.  71.11 expands that information to include all ATS routes 
in addition to Federal airways. The new Sec.  71.11(a) also differs 
from the existing Sec.  71.75(a) by adding the word ``fix'' to define a 
route. This change provides for the use of RNAV waypoints to describe 
route segments. The new Sec.  71.11(b) replaces the information 
contained in the existing Sec.  71.75(b) regarding Federal airway route 
boundaries and protected airspace. Much of the information in Sec.  
71.75 is of a technical nature that the FAA believes should not be 
included in part 71. The new Sec.  71.11(b) stipulates that the source 
of information regarding protected airspace dimensions for ATS routes 
is FAA Order 8260.3, United States Standard for Terminal Instrument 
Procedures (TERPS). Additionally, Order 8260.3 is incorporated by 
reference by the amendment of Sec.  97.20 in this final rule. Criteria 
applicable to ATS routes is found in Order 8260.3, chapter 15, ``Area 
Navigation (RNAV),'' and chapter 17, ``Enroute Criteria.'' Future 
developments in navigation technology will be reflected in revised 
editions of Order 8260.3.
    Further, Sec.  71.11(c) states that an ATS route does not include 
the airspace of a prohibited area. A prohibited area is a type of 
special use airspace, designated under part 73, wherein no person may 
operate an aircraft without permission of the using agency. Waivers are 
not normally granted for routine en route aircraft operations to 
transit a prohibited area, therefore the FAA believes that it is 
important that this paragraph remain a part of this section.
    In their comment, Alaska Airlines believes that the new Sec.  71.11 
does not address assigning a required navigation performance (RNP) 
value to ATS routes. Alaska Airlines stated that the advent of RNP may 
make current route dimensions and protected airspace criteria obsolete 
and that this should be examined.
    The FAA intentionally did not address RNP in this rulemaking action 
due to the ongoing development of RNP standards and procedures in the 
United States. Referencing FAA Order 8260.3 as the source of route 
criteria, and removing more specific criteria from this section, will 
preclude the need for further amendments to part 71 once RNP values and 
procedures are finalized. We believe that this rule will not adversely 
affect the future implementation of RNP in the NAS.

Section 71.13 Classification of Air Traffic Service (ATS) Routes.

    In their comment, Continental Airlines requested that Sec.  
71.13(b) be rewritten to delete the specific references to VOR Federal 
airways and colored Federal airways. They recommended that the section 
should refer to (1) Federal airways, and (2) RNAV routes.
    The FAA does not agree with this recommended change. In the current 
Sec.  71.73, Classification of Federal airways, states that Federal 
airways consist of VOR Federal airways and colored Federal airways, and 
lists the specific types of colored Federal airways (i.e., Green, 
Amber, Red, and Blue). The new Sec.  71.13(b) simply lists the types of 
airways and routes that are designated in subpart E of this part. 
Currently, 43 designated colored Federal airways, and more than 600 VOR 
Federal airways, remain in the NAS. The FAA believes that removing the 
references to VOR and colored airways as requested by the commenter 
would cause confusion about the status of these routes. Currently, 
there is no plan to eliminate these types of Federal airways and they 
will remain a part of the NAS. Additionally, these airways are not 
impacted by this rulemaking action.
    AOPA further commented that the rule should not adversely impact 
the majority of general aviation operations that are not equipped with 
IFR GPS equipment.
    We agree with this comment and thus emphasize that this rule is 
intended to facilitate the expanded use of RNAV and GPS navigation, and 
not intended to curtail navigation based on the Federal airway or jet 
route structures.
    AOPA also stated their expectations that the following changes 
should occur concurrently with the publication of this final rule: A 
reduction of the minimum en route altitude on Victor airways when using 
GPS; increased access to Class B airspace by establishing RNAV routes 
through the area; increased access to special use airspace by 
publishing routes independent of NAVAID citing; and enable RNAV access 
to geographic areas where failing navigation infrastructure prevents 
IFR access to certain airports.
    These specific comments are outside the scope of Notice No. 02-
20.The FAA points out that separate efforts are already underway to 
address these concerns and that this rule will facilitate progress in 
those areas.
    No comments were received regarding Sec. Sec.  95.1 and 97.20.

[[Page 16946]]

The Rule

    This rule adopts the following amendments proposed in Notice No. 
02-20:

Part 1--Definitions and Abbreviations

    In Sec.  1.1 General definitions, this action adds the terms Air 
Traffic Service (ATS) route and Area navigation (RNAV) route, and 
amends the terms Area navigation (RNAV) and Route segment. These 
changes adopt the ICAO term ``Air Traffic Service (ATS) route'' as a 
general term that includes Federal airways, jet routes, and RNAV 
routes, and to facilitate the use of RNAV that is not dependent on 
ground-based navigation systems.

Part 71--Designation of Class A, B, C, D, and E Airspace Areas; Air 
Traffic Service Routes; and Reporting Points

    The FAA is adopting, in full, the part 71 amendments, with minor 
edits to the title of this part, as proposed in Notice No. 02-20. These 
changes incorporate the term ``Air Traffic Service (ATS) route;'' 
facilitate the development of ATS routes that are not dependent upon 
ground-based navigation systems; remove extraneous information from 
part 71; and restructure the sections in part 71 to more clearly 
organize the information and improve readability.

Part 95--IFR Altitudes

    The FAA is adopting, in full, the part 95 amendments. These changes 
increase the flexibility of the rule to accommodate the use of other-
than-ground-based navigation systems. However, these amendments do not 
preclude the continued use of ground-based navigation systems.

Part 97--Standard Instrument Approach Procedures

    In Notice No. 02-20, the FAA proposed various amendments to the 
heading of part 97, and to Sec. Sec.  97.1, 97.3, 97.5, 97.10, and 
97.20. This rule, however, adopts only the amendment to Sec.  97.20 
General. Section 97.20 is amended to incorporate FAA Order 8260.3, 
``U.S. Standard for Terminal Instrument Procedures (TERPS),'' and FAA 
Order 8260.19, ``Flight Procedures and Airspace,'' into the Code of 
Federal Regulations.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. We have determined that there 
are no new information collection requirements associated with this 
final rule.

International Compatibility

    In keeping with United States obligations under the Convention on 
International Civil Aviation, it is the FAA's policy to comply with 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
reviewed the corresponding ICAO Standards and Recommended Practices and 
has identified no differences with these regulations.

Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order 12866, Regulatory Planning and Review, directs the 
FAA to assess both the costs and the benefits of a regulatory change. 
We are not allowed to propose or adopt a regulation unless we make a 
reasoned determination that the benefits of the intended regulation 
justify its costs. Our assessment of this rulemaking indicates that its 
cost impact is minimal because the rule merely revises or adds 
definitions, incorporates by reference two orders concerning TERPS and 
Flight Procedures and Airspace, and enables the use of advanced RNAV 
navigation routes that the FAA has been developing. These routes are 
typically more direct, and therefore, shorter than the current Federal 
Airways and jet routes and in following these advanced RNAV routes 
aircraft may require less fuel and time to reach their destinations. 
Because the costs and benefits of this action do not make it a 
``significant regulatory action'' as defined in the Order, we have not 
prepared a ``regulatory impact analysis.'' Similarly, we have not 
prepared a full ``regulatory evaluation,'' which is the written cost/
benefit analysis ordinarily required for all rulemaking under the DOT 
Regulatory and Policies and Procedures. We do not need to do a full 
evaluation where the cost impact of a rule is minimal. We will prepare 
a full regulatory evaluation for the separate final rule concerning 
RNAV operations and equipment requirements.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) directs the FAA to fit 
regulatory requirements to the scale of the business, organizations, 
and governmental jurisdictions subject to the regulation. We are 
required to determine whether a proposed or final action will have a 
``significant economic impact on a substantial number of small 
entities'' as they are defined in the Act. If we find that the action 
will have a significant impact, we must do a ``regulatory flexibility 
analysis.''
    This final rule merely revises or adds definitions, incorporates by 
reference two orders concerning TERPS and Flight Procedures and 
Airspace, and enables the use of advanced RNAV navigation routes that 
the FAA has been developing. Therefore, we certify that this action 
will not have a significant economic impact on a substantial number of 
small entities.

International Trade Impact Analysis

    The Trade Agreement Act of 1979 prohibits Federal agencies from 
establishing any standards or engaging in related activities that 
create unnecessary obstacles to the foreign commerce of the United 
States. Legitimate domestic objectives, such as safety, are not 
considered unnecessary obstacles. The statute also requires 
consideration of international standards and, where appropriate, that 
they be the basis for U.S. standards. The FAA has assessed the 
potential effect of this rulemaking and has determined that it will 
impose the same minimal costs on domestic and international entities 
and thus have a neutral trade impact.

Unfunded Mandate Assessment

    The Unfunded Mandates Reform Act of 1995 (the Act) is intended, 
among other things, to curb the practice of imposing unfunded Federal 
mandates on State, local, and tribal governments. Title II of the Act 
requires each Federal agency to prepare a written statement assessing 
the effects of any Federal mandate in a proposed or final agency rule 
that may result in an expenditure of $100 million or more (adjusted 
annually for inflation) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a ``significant regulatory action.''
    This final rule does not contain such a mandate. The requirements 
of title II of the Act, therefore, do not apply.

Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism. We determined that this 
action will not have a substantial direct effect on the States, or the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. Therefore, we determined that this final rule does not have 
federalism implications.

[[Page 16947]]

Environmental Analysis

    FAA Order 1050.1D defines FAA actions that may be categorically 
excluded from preparation of a National Environmental Policy Act (NEPA) 
environmental impact statement. In accordance with FAA Order 1050.1D, 
appendix 4, paragraph 4(j), this rulemaking action qualifies for a 
categorical exclusion.

Energy Impact

    The energy impact of the notice has been assessed in accordance 
with the Energy Policy and Conservation Act (EPCA) Public Law 94-163, 
as amended (42 U.S.C. 6362) and FAA Order 1053.1. We have determined 
that the final rule is not a major regulatory action under the 
provisions of the EPCA.

List of Subjects

14 CFR Part 1

    Air transportation.

14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

14 CFR Part 95

    Air traffic control, Airspace, Alaska, Navigation (air), Puerto 
Rico.

14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference, 
Navigation (air), Weather.

The Amendment

0
In consideration of the foregoing, the Federal Aviation Administration 
amends chapter I of title 14, Code of Federal Regulations as follows:

PART 1--DEFINITIONS AND ABBREVIATIONS

0
1. The authority citation for part 1 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


0
2. Amend Sec.  1.1 as follows:
0
a. Remove the definitions of Area navigation high route, Area 
navigation low route, and RNAV way point.
0
b. Add definitions for Air Traffic Service (ATS) route and Area 
navigation (RNAV) route in alphabetical order to read as set forth 
below.
0
c. Revise the definitions of Area navigation (RNAV), and Route segment 
to read as set forth below.


Sec.  1.1  General definitions.

* * * * *
    Air Traffic Service (ATS) route is a specified route designated for 
channeling the flow of traffic as necessary for the provision of air 
traffic services. The term ``ATS route'' refers to a variety of 
airways, including jet routes, area navigation (RNAV) routes, and 
arrival and departure routes. An ATS route is defined by route 
specifications, which may include:
    (1) An ATS route designator;
    (2) The path to or from significant points;
    (3) Distance between significant points;
    (4) Reporting requirements; and
    (5) The lowest safe altitude determined by the appropriate 
authority.
* * * * *
    Area navigation (RNAV) is a method of navigation that permits 
aircraft operations on any desired flight path.
    Area navigation (RNAV) route is an ATS route based on RNAV that can 
be used by suitably equipped aircraft.
* * * * *
    Route segment is a portion of a route bounded on each end by a fix 
or navigation aid (NAVAID).
* * * * *

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR 
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
3. 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.


0
4. Revise the heading of part 71 to read as set forth above.

Subpart A--Class A Airspace

0
5. Transfer the heading ``Subpart A-- General; Class A Airspace'' from 
where it appears preceding Sec.  71.1 to preceding Sec.  71.31 and 
revise it to read as set forth above.

0
6. Add Sec.  71.11 to read as follows:


Sec.  71.11  Air Traffic Service (ATS) routes.

    Unless otherwise specified, the following apply:
    (a) An Air Traffic Service (ATS) route is based on a centerline 
that extends from one navigation aid, fix, or intersection, to another 
navigation aid, fix, or intersection (or through several navigation 
aids, fixes, or intersections) specified for that route.
    (b) ATS routes include the primary protected airspace dimensions 
defined in FAA Order 8260.3, ``United States Standard For Terminal 
Instrument Procedures (TERPS).'' Order 8260.3 is incorporated by 
reference in Sec.  97.20 of this chapter.
    (c) An ATS route does not include the airspace of a prohibited 
area.

0
7. Add Sec.  71.13 to read as follows:


Sec.  71.13  Classification of Air Traffic Service (ATS) routes.

    Unless otherwise specified, ATS routes are classified as follows:
    (a) In subpart A of this part:
    (1) Jet routes.
    (2) Area navigation (RNAV) routes.
    (b) In subpart E of this part:
    (1) VOR Federal airways.
    (2) Colored Federal airways.
    (i) Green Federal airways.
    (ii) Amber Federal airways.
    (iii) Red Federal airways.
    (iv) Blue Federal airways.
    (3) Area navigation (RNAV) routes.

0
8. Add Sec.  71.15 to read as follows:


Sec.  71.15  Designation of jet routes and VOR Federal airways.

    Unless otherwise specified, the place names appearing in the 
descriptions of airspace areas designated as jet routes in subpart A of 
FAA Order 7400.9, and as VOR Federal airways in subpart E of FAA Order 
7400.9, are the names of VOR or VORTAC navigation aids. FAA Order 
7400.9 is incorporated by reference in Sec.  71.1.


Sec.  71.73  [Removed]

0
9. Remove Sec.  71.73.


Sec.  71.75  [Removed]

0
10. Remove Sec.  71.75.


Sec.  71.77  [Removed]

0
11. Remove Sec.  71.77.


Sec.  71.79  [Removed]

0
12. Remove Sec.  71.79.

PART 95--IFR ALTITUDES

0
13. The authority citation for part 95 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, and 14 CFR 
11.49(b)(2).


0
14. Revise Sec.  95.1 to read as follows:


Sec.  95.1  Applicability.

    (a) This part prescribes altitudes governing the operation of 
aircraft under IFR on ATS routes, or other direct routes for which an 
MEA is designated in this part. In addition, it designates mountainous 
areas and changeover points.
    (b) The MAA is the highest altitude on an ATS route, or other 
direct route for which an MEA is designated, at which adequate 
reception of VOR signals is assured.
    (c) The MCA applies to the operation of an aircraft proceeding to a 
higher minimum en route altitude when crossing specified fixes.
    (d) The MEA is the minimum en route IFR altitude on an ATS route, 
ATS route

[[Page 16948]]

segment, or other direct route. The MEA applies to the entire width of 
the ATS route, ATS route segment, or other direct route between fixes 
defining that route. Unless otherwise specified, an MEA prescribed for 
an off airway route or route segment applies to the airspace 4 nautical 
miles on each side of a direct course between the navigation fixes 
defining that route or route segment.
    (e) The MOCA assures obstruction clearance on an ATS route, ATS 
route segment, or other direct route, and adequate reception of VOR 
navigation signals within 22 nautical miles of a VOR station used to 
define the route.
    (f) The MRA applies to the operation of an aircraft over an 
intersection defined by ground-based navigation aids. The MRA is the 
lowest altitude at which the intersection can be determined using the 
ground-based navigation aids.
    (g) The changeover point (COP) applies to operation of an aircraft 
along a Federal airway, jet route, or other direct route; for which an 
MEA is designated in this part. It is the point for transfer of the 
airborne navigation reference from the ground-based navigation aid 
behind the aircraft to the next appropriate ground-based navigation aid 
to ensure continuous reception of signals.

PART 97--STANDARD INSTRUMENT PROCEDURES

0
15. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120, 44701; and 14 
CFR 11.49(b)(2).

0
16. Revise Sec.  97.20 to read as follows:


Sec.  97.20  General.

    (a) This subpart prescribes standard instrument procedures based on 
the criteria contained in FAA Order 8260.3B, ``U.S. Standard for 
Terminal Instrument Procedures (TERPS) (July 7, 1976) and FAA Order 
8260.19C, ``Flight Procedures and Airspace'' (September 16, 1993). 
These standard instrument procedures and FAA Orders were approved for 
incorporation by reference by the Director of the Federal Register 
pursuant to 5 U.S.C. 552(a) and 1 CFR part 51. They may be examined at 
the following locations:
    (1) FAA Orders 8260.3 and 8260.19 may be examined at the Federal 
Aviation Administration, Flight Standards Service, Flight Technologies 
and Procedures Division (AFS-420), 6500 S. MacArthur Blvd., Oklahoma 
City, OK, and at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC. These Orders are available for 
purchase from the U.S. Government Printing Office, 710 N. Capitol 
Street, NW., Washington, DC 20401.
    (2) Standard instrument procedures may be examined at the Federal 
Aviation Administration, National Flight Data Center (ATA-110), 800 
Independence Avenue, SW., Washington, DC, and at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, Washington, 
DC.
    (b) Standard instrument procedures and associated supporting data 
are documented on specific forms under FAA Order 8260.19C (September 
16, 1993) and are promulgated by the FAA through the National Flight 
Data Center (NFDC) as the source for aeronautical charts and avionics 
databases. These procedures are then portrayed on aeronautical charts 
and included in avionics databases prepared by the National 
Aeronautical Charting Office (AVN-500) and other publishers of 
aeronautical data for use by pilots using the NFDC source data. The 
terminal aeronautical charts published by the U.S. Government were 
approved for incorporation by reference by the Director of the Federal 
Register pursuant to 5 U.S.C. 552(a) and 1 CFR part 51. They may be 
examined at the Federal Aviation Administration, National Flight Data 
Center (ATA-110), 800 Independence Avenue, SW., Washington, DC, and at 
the Office of the Federal Register, 800 North Capitol Street, NW., 
suite 700, Washington, DC. These charts are available for purchase from 
the FAA National Aeronautical Charting Office, Distribution Division 
AVN-530, 6303 Ivy Lane, Suite 400, Greenbelt, MD 20770.

    Issued in Washington, DC on March 28, 2003.
Marion C. Blakey,
Administrator.
[FR Doc. 03-8286 Filed 4-7-03; 8:45 am]
BILLING CODE 4910-13-P