[Federal Register: November 18, 2008 (Volume 73, Number 223)]
[Rules and Regulations]               
[Page 68318-68319]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18no08-7]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-1171; Airspace Docket No. 08-AEA-25]
RIN 2120-AA66

 
Modification of Jet Route J-522 in the Vicinity of Rochester, NY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies the published description of jet route J-
522 to reflect the relocation of one of the navigation aids used to 
form a portion of the route.

DATES: Effective Dates: 0901 UTC, January 15, 2009. The Director of the 
Federal Register approves this incorporation by reference action under 
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and 
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace and Rules 
Group, Office of System Operations Airspace

[[Page 68319]]

and AIM, Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, DC 20591; telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION: 

Background

    The Rochester VORTAC, located at the Greater Rochester 
International Airport, Rochester, NY, is one of the navigation aids 
used to form a point along jet route J-522. Due to airport 
construction, the Rochester VORTAC is being relocated to another point 
on the airport. In addition, the equipment is being upgraded to a 
doppler very high frequency omnidirectional range/distance measuring 
equipment (VOR/DME) facility. This will improve the coverage and 
reliability of the facility. Due to the relocation, the radial of the 
new Rochester VOR/DME, as used in the route description, has changed by 
one degree from the currently published radial.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 71 to make a minor revision to the description of Jet Route J-522 
to change the radial based on the Rochester VOR/DME facility. The 
commissioning of the Rochester VOR/DME at a new location on the airport 
results in a one degree change in the affected radial.
    Because this action is a minor change in the alignment of the 
routes and is needed for navigation accuracy and safety reasons, I find 
that notice and public procedure under 5 U.S.C. 553(b) are impractical 
and contrary to the public interest.
    The FAA has determined that this regulation only involves an 
established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
Therefore, this 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 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.
    Jet Routes are published in paragraph 2004 of FAA Order 7400.9S, 
effective October 31, 2008, which is incorporated by reference in 14 
CFR 71.1. The jet route listed in this document will be published 
subsequently in the Order.
    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 amends a portion of the en route structure.

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, and 311k. 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).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration 
amends 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

0
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]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9S, 
Airspace Designations and Reporting Points, dated October 3, 2008 and 
effective October 31, 2008, is amended as follows:

Paragraph 2004 Jet Routes.

* * * * *

J-522 [Modified]

    From Brainerd, MN; Green Bay, WI; Traverse City, MI; Au Sable, 
MI; Toronto, ON, Canada; INT Toronto 096[deg] and Rochester, NY, 
301[deg] radials; Rochester, NY; Hancock, NY; to Kingston, NY. The 
airspace within Canada is excluded.
* * * * *

    Issued in Washington, DC, on November 7, 2008.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. E8-27154 Filed 11-17-08; 8:45 am]

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