[Federal Register Volume 85, Number 65 (Friday, April 3, 2020)]
[Rules and Regulations]
[Pages 18869-18870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06909]



[[Page 18869]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0305; Airspace Docket No. 20-ASO-12]
RIN 2120-AA66


Amendment of Jet Route J-37 in the Vicinity of Atlanta, GA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Jet Route J-37 in the vicinity of Atlanta, 
GA, by removing the route segment between the Montgomery, AL, VHF 
Omnidirectional Range (VOR)/Tactical Air Navigation (VORTAC) and the 
Lynchburg, VA, VOR/Distance Measuring Equipment (VOR/DME) navigation 
aids. The route segment was recently removed from the jet route 
effective January 30, 2020, and then inadvertently added back to the 
jet route the following chart cycle, effective March 26, 2020. 
Subsequent to the publication of the rule that added the route segment 
back to J-37, the FAA identified the error and is taking this action to 
correct it by removing the route segment as it was in January 2020 in 
support of the Northeast Corridor Atlantic Coast Route Project.

DATES: Effective date 0901 UTC, May 21, 2020. The Director of the 
Federal Register approves this incorporation by reference action under 
Title 1 Code of Federal Regulations part 51, subject to the annual 
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11D, Airspace Designations and Reporting 
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can 
contact the Rules and Regulations Group, Federal Aviation 
Administration, 800 Independence Avenue SW, Washington, DC 20591; 
telephone: (202) 267-8783. The Order is also available for inspection 
at the National Archives and Records Administration (NARA). For 
information on the availability of FAA Order 7400.11D at NARA, email 
fedreg.legal@nara.gov or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Rules and Regulations 
Group, Office of Policy, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking

    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 in the National Airspace 
System as necessary to preserve the safe and efficient flow of air 
traffic.

History

    In 2018, the FAA published a notice of proposed rulemaking (NPRM) 
in the Federal Register for Docket No. FAA-2018-0817 (83 FR 48730; 
September 27, 2018) to amend 3 jet routes, 2 RNAV Q-routes, and 8 VOR 
Federal airways, and establish 4 RNAV T-routes due to the planned 
decommissioning of the Hobby, TX, VOR/DME. That action supported the 
FAA's VOR Minimum Operational Network (VOR MON) Program as published in 
the final policy statement notice, ``Provision of Navigation Services 
for the Next Generation Air Transportation System (NextGen) Transition 
to Performance-Based Navigation (PBN) (Plan for Establishing a VOR 
Minimum Operational Network),'' published in the Federal Register of 
July 26, 2016 (81 FR 48694), Docket No. FAA-2011-1082. One of the three 
jet routes proposed for amendment in that docket action was J-37, which 
included retaining the route segment between the Montgomery, AL, VORTAC 
and the Lynchburg, VA, VOR/DME as it was charted at that time.
    Subsequent to the Docket No. FAA-2018-0817 NPRM publishing in the 
Federal Register, the FAA published a separate NPRM in the Federal 
Register for Docket No. FAA-2019-0638 (84 FR 48086; September 12, 2019) 
and a final rule in the Federal Register for Docket No. FAA-2019-0638 
(84 FR 66066, December 3, 2019) to amend or remove certain air traffic 
service (ATS) routes in the southeastern United States. That action 
supported the FAA's Northeast Corridor Atlantic Coast Route Project to 
improve the efficiency of the National Airspace System (NAS) and reduce 
dependency on ground-based navigational systems. One of the ATS routes 
amended by that docket action was also J-37, which removed the route 
segment between the Montgomery, AL, VORTAC and Lynchburg, VA, VOR/DME. 
The effective date of the final rule for that docket action was January 
30, 2020.
    Then, subsequent to the Docket No. FAA-2019-0638 final rule 
publishing in the Federal Register, the FAA published a final rule in 
the Federal Register for Docket No. FAA-2018-0817 (85 FR 3814; January 
23, 2020). That rule amended and established multiple ATS routes, 
including J-37, affected by the planned decommissioning of the Hobby, 
TX, VOR/DME as the docket action had proposed in 2018. The effective 
date of the final rule for that docket action was March 26, 2020.
    As a result, J-37 was amended by a rule (Docket No. FAA-2019-0638) 
published in the Federal Register in December 2019 and effective 
January 30, 2020, removing the route segment between the Montgomery, 
AL, VORTAC and Lynchburg, VA, VOR/DME. Then, J-37 was amended again by 
a rule (Docket No. FAA-2018-0817) published in the Federal Register in 
January 2020 and effective March 26, 2020, inadvertently adding the 
same route segment back into the jet route the following chart cycle.
    The FAA is taking this action now to amend the Part 71 description 
of J-37 by removing the route segment between the Montgomery, AL, 
VORTAC and Lynchburg, VA, VOR/DME as it was in January 2020 in support 
of the Northeast Corridor Atlantic Coast Route Project.
    Jet Routes are published in paragraph 2004 of FAA Order 7400.11D, 
dated August 8, 2019, and effective September 15, 2019, which is 
incorporated by reference in 14 CFR 71.1. The Jet Route listed in this 
rule will be subsequently published in the Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is 
published yearly and effective on September 15.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11D, Airspace Designations and 
Reporting Points, dated August 8, 2019, and effective September 15, 
2019. FAA Order 7400.11D is publicly available as listed in the 
ADDRESSES section of this document. FAA Order 7400.11D lists Class A, 
B, C, D, and E airspace areas, air traffic service routes, and 
reporting points.

[[Page 18870]]

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 71 by modifying Jet Route J-37 to remove the route segment between 
the Montgomery, AL, VORTAC and the Lynchburg, VA, VOR/DME. This action 
corrects the inadvertent inclusion of the route segment published in 
the Docket No. FAA-2018-0817 final rule, after the route segment was 
removed in the Docket No. FAA-2019-0638 final rule. Because the error 
described above requires prompt resolution, notice and public 
procedures under 5 U.S.C. 553(b) are unnecessary.
    The Jet Route modification accomplished by this action is outlined 
below.
    J-37: J-37 extends between the Harvey, LA, VORTAC and the Coyle, 
NJ, VORTAC; and between the Kennedy, NY, VOR/DME, and the Massena, NY, 
VORTAC. The route segment between the Montgomery, AL, VORTAC and the 
Lynchburg, VA, VOR/DME is removed. The unaffected portions of the 
existing route remain as charted.
    The radials listed in the route description below are stated in 
True degrees.

Regulatory Notices and Analyses

    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. 
It, therefore: (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 only affects air traffic procedures 
and air navigation, it is certified that this rule, when promulgated, 
does not have a significant economic impact on a substantial number of 
small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action of modifying Jet Route J-37 
near Atlanta, GA, qualifies for categorical exclusion under the 
National Environmental Policy Act and its implementing regulations at 
40 CFR part 1500, and in accordance with FAA Order 1050.1F, 
Environmental Impacts: Policies and Procedures, Paragraph 5-6.5a, which 
categorically excludes from further environmental impact review 
rulemaking actions that designate or modify classes of airspace areas, 
airways, routes, and reporting points (see 14 CFR part 71, Designation 
of Class A, B, C, D, and E Airspace Areas; Air Traffic Service Routes; 
and Reporting Points). As such, this action is not expected to result 
in any potentially significant environmental impacts. In accordance 
with FAA Order 1050.1F, paragraph 5-2 regarding Extraordinary 
Circumstances, the FAA has reviewed this action for factors and 
circumstances in which a normally categorically excluded action may 
have a significant environmental impact requiring further analysis. The 
FAA has determined no extraordinary circumstances exist that warrant 
preparation of an environmental assessment or environmental impact 
study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    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 7400.11D, 
Airspace Designations and Reporting Points, dated August 8, 2019, and 
effective September 15, 2019, is amended as follows:

Paragraph 2004 Jet Routes.

* * * * *

J-37 [Amended]

    From Harvey, LA; Semmes, AL; to Montgomery, AL. From Lynchburg, 
VA; Gordonsville, VA; Brooke, VA; INT Brooke 067[deg] and Coyle, NJ, 
226[deg] radials; to Coyle. From Kennedy, NY; Kingston, NY; Albany, 
NY; to Massena, NY.
* * * * *

    Issued in Washington, DC, on March 30, 2020.
Scott M. Rosenbloom,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2020-06909 Filed 4-2-20; 8:45 am]
BILLING CODE 4910-13-P


