[Federal Register Volume 74, Number 12 (Wednesday, January 21, 2009)]
[Proposed Rules]
[Pages 3468-3469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1112]


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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


Proposed Establishment of Area Navigation Route Q-42; East-
Central United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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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

[[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.


Sec.  71.1  [Amended]

    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[deg]08[min]06[sec] N., long. 92[deg]35[min]30[sec]
                                                     W.)
STRUK.......................  WP..................  (Lat. 40[deg]14[min]04[sec] N., long. 90[deg]18[min]22[sec]
                                                     W.)
DNV.........................  VORTAC..............  (Lat. 40[deg]17[min]38[sec] N., long. 87[deg]33[min]26[sec]
                                                     W.)
MIE.........................  VOR/DME.............  (Lat. 40[deg]14[min]14[sec] N., long. 85[deg]23[min]39[sec]
                                                     W.)
HIDON.......................  WP..................  (Lat. 40[deg]10[min]00[sec] N., long. 81[deg]37[min]27[sec]
                                                     W.)
BUBAA.......................  WP..................  (Lat. 40[deg]10[min]27[sec] N., long. 80[deg]58[min]17[sec]
                                                     W.)
PSYKO.......................  WP..................  (Lat. 40[deg]08[min]37[sec] N., long. 79[deg]09[min]13[sec]
                                                     W.)
BRNAN.......................  WP..................  (Lat. 40[deg]08[min]07[sec] N., long. 77[deg]50[min]07[sec]
                                                     W.)
MAALS.......................  WP..................  (Lat. 40[deg]19[min]16[sec] N., long. 76[deg]16[min]08[sec]
                                                     W.)
SUZIE.......................  WP..................  (Lat. 40[deg]27[min]12[sec] N., long. 75[deg]58[min]22[sec]
                                                     W.)
ETX.........................  VOR/DME.............  (Lat. 40[deg]34[min]52[sec] N., long. 75[deg]41[min]02[sec]
                                                     W.)
ELIOT.......................  WP..................  (Lat. 40[deg]49[min]07[sec] N., long. 75[deg]07[min]48[sec]
                                                     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]
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