[Federal Register Volume 74, Number 205 (Monday, October 26, 2009)]
[Proposed Rules]
[Pages 54943-54944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25607]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0867; Airspace Docket No. 09-ASW-16]
RIN 2120-AA66


Proposed Establishment of Area Navigation Route Q-37; Texas

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-37, extending between the Pueblo, 
CO, very high frequency omnidirectional range/tactical air navigation 
(VORTAC) navigation aid and the Fort Stockton, TX, VORTAC. The new 
route would provide pilots and air traffic controllers with an 
efficient alternative route around potentially constrained airspace 
during convective weather events in west Texas.

DATES: Comments must be received on or before December 10, 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-2009-
0867 and Airspace Docket No. 09-ASW-16 at the beginning of your 
comments. You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, 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-2009-0867 and Airspace Docket No. 09-ASW-16) 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-2009-0867 and Airspace Docket No. 09-ASW-16.'' 
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 NPRMs

    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/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 Central Service Center, Operations Support Group, 
Federal Aviation Administration, 2601 Meacham Blvd., Fort Worth, TX 
76137.
    Persons interested in being placed on a mailing list for future 
NPRMs 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-37, between the Pueblo, CO, VORTAC and the Fort Stockton, 
TX, VORTAC. The new route would provide pilots and air traffic 
controllers with an efficient alternative route around potentially 
constrained airspace during convective weather events in west Texas. 
Additionally, the new route would be integrated into the existing 
National Playbook Severe Weather Avoidance Plan routes to Houston, TX, 
terminal airports through Albuquerque Air Route Traffic Control 
Center's airspace, in lieu of the current process of coordinating 
tactical modifications to routings with the FAA Air Traffic Control 
System Command Center.
    High altitude RNAV routes are published in paragraph 2006 of FAA 
Order 7400.9T signed August 27, 2009, and effective September 15, 2009, 
which is incorporated by reference in 14 CFR 71.1. The RNAV route 
listed in this

[[Page 54944]]

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 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 central United States.

Environmental Review

    This proposal will be subject to an environmental analysis in 
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies 
and Procedures,'' prior to any FAA final regulatory action.

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 
7400.9T, Airspace Designations and Reporting Points, signed August 27, 
2009, and effective September 15, 2009, is amended as follows:

Paragraph 2006--United States Area Navigation Routes

* * * * *

Q-37 FST, TX to PUB, CO [New]
 
FST.........................  VORTAC..............  (Lat. 30[deg]57'08'' N., long. 102[deg]58'33'' W.)
CAVRN.......................  WP..................  (Lat. 31[deg]49'31'' N., long. 104[deg]00'42'' W.)
YORUB.......................  WP..................  (Lat. 32[deg]55'52'' N., long. 104[deg]14'01'' W.)
IMMAS.......................  WP..................  (Lat. 34[deg]54'18'' N., long. 104[deg]18'53'' W.)
PUB.........................  VORTAC..............  (Lat. 38[deg]17'39'' N., long. 104[deg]25'46'' W.)
 

* * * * *

    Issued in Washington, DC, on October 15, 2009.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. E9-25607 Filed 10-23-09; 8:45 am]
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