[Federal Register Volume 74, Number 235 (Wednesday, December 9, 2009)]
[Proposed Rules]
[Pages 65040-65042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29365]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-1080; Airspace Docket No. 09-AGL-13]
RIN 2120-AA66


Proposed Modification of Jet Routes J-32, J-38, and J-538; 
Minnesota

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify Jet Routes J-32 and J-38 by 
terminating portions of the routes at the Duluth, MN, VHF 
omnidirectional range/tactical air navigation (VORTAC) that are no 
longer needed. This action also would amend the J-538 airway 
description to align it with the corresponding segment of J-538 
contained in Canadian airspace. This action is necessary for the safety 
and management of instrument flight rules (IFR) operations within the 
National Airspace System (NAS).

DATES: Comments must be received on or before January 25, 2010.

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-
1080 and

[[Page 65041]]

Airspace Docket No. 09-AGL-13 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-2009-1080 and Airspace Docket No. 09-AGL-13) 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-2009-1080 and Airspace Docket No. 09-AGL-13.'' 
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 eliminate the segments of J-32 and J-38 
that extend between the United States/Canadian border and the Duluth, 
MN, VORTAC. The FAA has determined that these segments of J-32 and J-38 
are not required since the Jet Routes, as currently described, 
terminate or originate at a point in space on the international border 
and do not meet or connect to any corresponding airways within Canadian 
airspace; they simply end (J-32) or begin (J-38) at the international 
border, and not at a fix or navigation facility that pilots can use to 
file a flight plan to or from. Additionally, the segments of J-32 and 
J-38 that extend between the United States/Canadian border and the 
Duluth, MN, VORTAC duplicate Jet Route segments of J-538 and J-533, 
respectively, which do match with Canadian airways that continue to a 
fix or navigation facility in Canada that pilots can use to file flight 
plans.
    This action also proposes to amend J-538 for clarity and to ensure 
the airway segment on the United States side of the international 
border joins with the airway segment on the Canadian side of the 
international border. Currently, J-538 is charted to align with the 
Sioux Narrows, ON, VORTAC and matches with the Canadian J-538 
description. However, the FAA's J-538 description aligns the Jet Route 
with a direct radial between Duluth, MN, VORTAC and the Kenora, ON, 
Non-Directional Beacon. The proposed J-538 description would reflect 
the airway's alignment with the Sioux Narrows, ON, VORTAC and would 
match the Canadian J-538 description and the charted depiction.
    Jet Routes are published in paragraph 2004 of FAA Order 7400.9T, 
dated August 27, 2009 and effective September 15, 2009, which is 
incorporated by reference in 14 CFR 71.1. The Jet Route listed in this 
document would be subsequently published 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 modifies the route structure of Jet Routes as required to 
preserve the safe and efficient flow of air traffic.

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

[[Page 65042]]

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, Dated August 27, 
2009 and effective September 15, 2009, is amended as follows:

Paragraph 2004 Jet Routes.
* * * * *

J-32 [Modified]

    From Oakland, CA, via Sacramento, CA; Mustang, NV; Lovelock, NV; 
Battle Mountain, NV; Malad City, ID; Boysen Reservoir, WY; Crazy 
Woman, WY; Dupree, SD; Aberdeen, SD; to Duluth, MN.
* * * * *

J-38 [Modified]

    From Duluth, MN; Green Bay, WI; to Peck, MI.
* * * * *

J-538 [Modified]

    From Sioux Narrows, ON; Duluth, MN; Dells, WI; to Badger, WI. 
The airspace within Canada is excluded.
* * * * *

    Issued in Washington, DC, on December 2, 2009.
Kenneth L. McElroy,
Acting Manager, Airspace & Rules Group.
[FR Doc. E9-29365 Filed 12-8-09; 8:45 am]
BILLING CODE 4910-13-P