[Federal Register Volume 75, Number 150 (Thursday, August 5, 2010)]
[Proposed Rules]
[Pages 47252-47254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19270]



[[Page 47252]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0688; Airspace Docket No. 09-AGL-23]
RIN 2120-AA66


Proposed Establishment of Low Altitude Area Navigation Routes (T-
281, T-283, T-285, T-286, and T-288); Nebraska and South Dakota

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish five low altitude Area 
Navigation (RNAV) routes, designated T-281, T-283, T-285, T-286, and T-
288, over Nebraska and South Dakota; controlled by Denver Air Route 
Traffic Control Center (ARTCC) and Minneapolis ARTCC. T-routes are low 
altitude Air Traffic Service routes, based on RNAV, for use by aircraft 
that have instrument flight rules (IFR) approved Global Positioning 
System (GPS)/Global Navigation Satellite System (GNSS) equipment. This 
action would enhance safety and improve the efficient use of the 
navigable airspace within Denver and Minneapolis ARTCC airspace.

DATES: Comments must be received on or before September 20, 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-2010-
0688 and Airspace Docket No. 09-AGL-23 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-2010-0688 and Airspace Docket No. 09-AGL-23) 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-2010-0688 and Airspace Docket No. 09-AGL-23.'' 
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, or the Federal Register'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, Air Traffic Organization, 
Federal Aviation Administration, 901 Locust, Kansas City, MO 64106.
    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.

Background

    The Manager, Denver ARTCC, has proposed the establishment of five 
RNAV routes, from Denver ARTCC airspace into Minneapolis ARTCC 
airspace. Currently, there are no established airways to allow aircraft 
to navigate between the sites identified in the proposed routes. The 
pilot's only options are to either fly Visual Flight Rules (VFR), VFR-
On-Top, or file a flight plan with an altitude high enough for air 
traffic control to maintain radar surveillance and communication 
frequency coverage; unless they fly many miles out of their way to use 
established airways. The Minimum Instrument Flight Rules (IFR) Altitude 
(MIA) in these areas is between 4,000 feet mean sea level (MSL) and 
7,000 feet MSL. The radio coverage is very good at the low altitudes 
between these points, but the radar surveillance coverage is not 
reliable below 11,000 feet MSL. In the winter months, these routes 
would be especially important because the pilots encounter icing at the 
higher altitudes and need to descend, sometimes below radar 
surveillance coverage.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal 
Regulations (14 CFR) part 71 to establish five low altitude RNAV routes 
within Denver and Minneapolis ARTCC airspace. The routes, designated as 
T-281, T-283, T-285, T-286, and T-288, would be depicted on the 
appropriate IFR En Route Low Altitude charts and would only be intended 
for use by GPS/GNSS equipped aircraft. This action is proposed to 
enhance safety and to facilitate the efficient use of navigable 
airspace for en route IFR operations within Denver and Minneapolis 
ARTCC airspace.
    Low altitude RNAV routes are published in paragraph 6011 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 low altitude 
RNAV routes 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

[[Page 47253]]

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 low altitude Area Navigation routes (T-routes) over 
Nebraska and South Dakota in Denver and Minneapolis ARTCC airspace.

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 6011--Area Navigation Routes.

* * * * *

T-281 YOZLE, NE to Pierre, SD [New]
YOZLE, NE                                  Fix                                       (Lat. 41[deg]01'33'' N.,
                                                                                      long. 99[deg]39'06'' W.)
BOKKI, NE                                  Fix                                       (Lat. 41[deg]39'55'' N.,
                                                                                      long. 99[deg]52'17'' W.)
Ainsworth, NE (ANW)                        VOR/DME                                   (Lat. 42[deg]34'09'' N.,
                                                                                      long. 99[deg]59'23'' W.)
LKOTA, SD                                  WP (New)                                  (Lat. 43[deg]15'28'' N.,
                                                                                      long. 100[deg]03'14'' W.)
Pierre, SD (PIR)                           VORTAC                                    (Lat. 44[deg]23'40'' N.,
                                                                                      long. 100[deg]09'46'' W.)
 
                                                  * * * * * * *
T-283 Scottsbluff, NE to Pierre, SD [New]
Scottsbluff, NE (BFF)                      VORTAC                                    (Lat. 41[deg]53'39'' N.,
                                                                                      long. 103[deg]28'55'' W.)
Gordon, NE (GRN)                           NDB                                       (Lat. 42[deg]48'04'' N.,
                                                                                      long. 102[deg]10'46'' W.)
WNDED, SD                                  WP (New)                                  (Lat. 43[deg]19'14'' N.,
                                                                                      long. 101[deg]32'19'' W.)
Pierre, SD (PIR)                           VORTAC                                    (Lat. 44[deg]23'40'' N.,
                                                                                      long. 100[deg]09'46'' W.)
 
                                                  * * * * * * *
T-285 North Platte, NE to Huron, SD [New]
North Platte, NE (LBF)                     VORTAC                                    (Lat. 41[deg]02'55'' N.,
                                                                                      long. 100[deg]44'50'' W.)
Thedford, NE (TDD)                         VOR/DME                                   (Lat. 41[deg]58'54'' N.,
                                                                                      long. 100[deg]43'09'' W.)
MARSS, NE                                  Fix                                       (Lat. 42[deg]27'49'' N.,
                                                                                      long. 100[deg]36'15'' W.)
Valentine, NE (VTN)                        NDB                                       (Lat. 42[deg]51'42'' N.,
                                                                                      long. 100[deg]32'59'' W.)
LKOTA, SD                                  WP (New)                                  (Lat. 43[deg]15'28'' N.,
                                                                                      long. 100[deg]03'14'' W.)
Winner, SD (ISD)                           VOR                                       (Lat. 43[deg]29'16'' N.,
                                                                                      long. 99[deg]45'41'' W.)
Huron, SD (HON)                            VORTAC                                    (Lat. 44[deg]26'24'' N.,
                                                                                      long. 98[deg]18'40'' W.)
 
                                                  * * * * * * *
T-286 Rapid City, SD to Grand Island, NE [New]
Rapid City, SD (RAP)                       VORTAC                                    (Lat. 43[deg]58'34'' N.,
                                                                                      long. 103[deg]00'44'' W.)
Gordon, NE (GRN)                           NDB                                       (Lat. 42[deg]48'04'' N.,
                                                                                      long. 102[deg]10'46'' W.)
EFFEX, NE                                  WP (New)                                  (Lat. 42[deg]19'59'' N.,
                                                                                      long. 101[deg]20'11'' W.)
Thedford, NE (TDD)                         VOR/DME                                   (Lat. 41[deg]58'54'' N.,
                                                                                      long. 100[deg]43'09'' W.)
BOKKI, NE                                  Fix                                       (Lat. 41[deg]39'55'' N.,
                                                                                      long. 99[deg]52'17'' W.)
Grand Island, NE (GRI)                     VORTAC                                    (Lat. 40[deg]59'03'' N.,
                                                                                      long. 98[deg]18'53'' W.)
 
                                                  * * * * * * *
T-288 Rapid City, SD to Wolback, NE [New]
Rapid City, SD (RAP)                       VORTAC                                    (Lat. 43[deg]58'34'' N.,
                                                                                      long. 103[deg]00'44'' W.)
WNDED, SD                                  WP (New)                                  (Lat. 43[deg]19'14'' N.,
                                                                                      long. 101[deg]32'19'' W.)
Valentine, NE (VTN)                        NDB                                       (Lat. 42[deg]51'42'' N.,
                                                                                      long. 100[deg]32'59'' W.)
Ainsworth, NE (ANW)                        VOR/DME                                   (Lat. 42[deg]34'09'' N.,
                                                                                      long. 99[deg]59'23'' W.)
FESNT, NE                                  WP (New)                                  (Lat. 42[deg]03'57'' N.,
                                                                                      long. 99[deg]17'18'' W.)
Wolback, NE (OBH)                          VORTAC                                    (Lat. 41[deg]22'33'' N.,
                                                                                      long. 98[deg]21'13'' W.)
 



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    Issued in Washington, DC, on July 27, 2010.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. 2010-19270 Filed 8-4-10; 8:45 am]
BILLING CODE 4910-13-P