Proposed Modification of Jet Routes J-32, J-38, and J-538; Minnesota, 65040-65042 [E9-29365]
Download as PDF
65040
Proposed Rules
Federal Register
Vol. 74, No. 235
Wednesday, December 9, 2009
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
SMALL BUSINESS ADMINISTRATION
13 CFR Parts 121 and 124
RIN 3245–AFS3
Small Business Size Regulations; 8(a)
Business Development/Small
Disadvantaged Business Status
Determinations
U.S. Small Business
Administration.
ACTION: Proposed rule; notice of
extension of comment period.
AGENCY:
On October 28, 2009, the U.S.
Small Business Administration (SBA or
Agency) proposed changes to its 8(a)
Business Development (8(a) BD) and
Small Disadvantaged Business (SDB)
programs as well as its size regulations.
The rule proposes to make a number of
changes to the regulations governing the
8(a) BD and SDB programs, and several
changes to SBA’s size regulations. Some
of the changes involve technical issues.
Other changes are more substantive and
result from SBA’s experience in
implementing the current regulations.
SBA requested comments on the various
approaches for the proposed changes in
the proposed rulemaking. The proposed
rule provided a 60-day comment period
closing on December 28, 2009.
SBA is extending the comment period
an additional 30 days to January 28,
2010. We are extending the comment
period because SBA believes that
affected businesses need more time to
adequately respond.
DATES: The comment period for the
proposed rule published on October 28,
2009 (74 FR 55694), is extended until
January 28, 2010.
ADDRESSES: You may submit comments,
identified by RIN: 3245–AF53, by any of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail, for paper, disk, or CD–ROM
submissions: Joseph Loddo, Associate
Administrator, Office of Business
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
SUMMARY:
VerDate Nov<24>2008
14:54 Dec 08, 2009
Jkt 220001
Development, 409 Third Street, SW.,
Mail Code, Washington, DC 20416.
• Hand Delivery/Courier: Joseph
Loddo, Associate Administrator, Office
of Business Development. 409 Third
Street, SW., Washington, DC 20416.
SBA will post all comments on
https://www.regulations.gov. If you wish
to submit confidential business
information (CBI) as defined in the User
Notice at https://www.Regulations.gov,
please submit the information to LeAnn
Delaney, Deputy Associate
Administrator, Office of Business
Development, 409 Third Street, SW.,
Washington, DC 20416, or send an
e-mail to leann.delaney@sba.gov.
Highlight the information that you
consider to be CBI and explain why you
believe SBA should hold this
information as confidential. SBA will
review the information and make the
final determination of whether it will
publish the information or not.
FOR FURTHER INFORMATION CONTACT:
LeAnn Delaney, Deputy Associate
Administrator, Office of Business
Development, at (202) 205–5852, or
leann.delaney@sba.gov.
SUPPLEMENTARY INFORMATION: On
October 28, 2009 (74 FR 55694–01),
SBA issued a Notice of Proposed
Rulemaking (NPRM). In that document,
SBA proposed to make a number of
changes to the regulations governing the
8(a) BD and SDB programs, and several
changes to SBA’s size regulations. Some
of the changes involve technical issues.
Other changes are more substantive and
result from SBA’s experience in
implementing the current regulations.
SBA proposes to make a number of
changes to the regulations governing the
8(a) BD program and six related changes
to the size regulations. SBA requested
comments on the various approaches for
the proposed changes. Initially, SBA
established a sixty (60) day public
comment period for its NPRM, with a
closing date of December 28, 2009. SBA
has decided to extend the comment
period due to the significance of the
rule.
The Small Business Administration
(SBA) hereby provides notice that it is
extending the public comment period
for its Notice of Proposed Rulemaking
by thirty (30) days. Comments must he
received no later than January 28, 2010.
Given the scope of the proposal and the
nature of the issues raised by the
comments received to date, SBA
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
believes that affected businesses need
more time to review the proposal and
prepare their comments. Additionally,
SBA will hold a series of public
hearings and tribal consultations on this
NPRM in certain cities throughout the
country, beginning in December 2009,
and anticipates receiving comments
throughout the public hearing process.
Authority: 15 U.S.C. 632, 634(b)(6), 636(b),
637(a), 644 and 662(5); and Public Law 105–
135, sec. 401 et seq., 111 Stat. 2592.
Dated: December 2, 2009.
Joseph G. Jordan,
Associate Administrator, Government
Contracting and Business Development.
[FR Doc. E9–29228 Filed 12–8–09; 8:45 am]
BILLING CODE 8025–01–P
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).
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
E:\FR\FM\09DEP1.SGM
09DEP1
Federal Register / Vol. 74, No. 235 / Wednesday, December 9, 2009 / Proposed Rules
Airspace Docket No. 09–AGL–13 at the
beginning of your comments. You may
also submit comments through the
Internet at https://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:
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
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
https://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 https://www.regulations.gov.
Recently published rulemaking
documents can also be accessed through
the FAA’s Web page at https://www.faa.
VerDate Nov<24>2008
14:54 Dec 08, 2009
Jkt 220001
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
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
65041
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
E:\FR\FM\09DEP1.SGM
09DEP1
65042
Federal Register / Vol. 74, No. 235 / Wednesday, December 9, 2009 / Proposed Rules
proposes to amend 14 CFR part 71 as
follows:
ENVIRONMENTAL PROTECTION
AGENCY
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
40 CFR Part 52
1. The authority citation for part 71
continues to read as follows:
[EPA–R09–OAR–2009–0711; FRL–9090–3]
Revisions to the California State
Implementation Plan, San Joaquin
Valley Unified Air Pollution Control
District
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
§ 71.1
SUMMARY: EPA is proposing a limited
approval and limited disapproval of
revisions to the San Joaquin Valley
Unified Air Pollution Control District
(SJVAPCD) portion of the California
State Implementation Plan (SIP). These
revisions concern oxides of nitrogen
(NOX) emissions from solid fuel fired
boilers, steam generators and process
heaters. We are proposing action on a
local rule that regulates these emission
sources under the Clean Air Act as
amended in 1990 (CAA or the Act). We
are taking comments on this proposal
and plan to follow with a final action.
DATES: Any comments must arrive by
January 8, 2010.
ADDRESSES: Submit comments,
identified by docket number [EPA–R09–
OAR–2009–0711], by one of the
following methods:
1. Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions.
2. E-mail: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air-4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at https://www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through https://
www.regulations.gov or e-mail. https://
[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
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send e-mail
directly to EPA, your e-mail address
will be automatically captured and
included as part of the public comment.
If EPA cannot read your comment due
to technical difficulties and cannot
contact you for clarification, EPA may
not be able to consider your comment.
Docket: The index to the docket for
this action is available electronically at
https://www.regulations.gov and in hard
copy at EPA Region IX, 75 Hawthorne
Street, San Francisco, California. While
all documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Idalia Perez, EPA Region IX, (415) 972–
3248, perez.idalia@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. The State’s Submittal
A. What rule did the State submit?
B. Are there other versions of this rule?
C. What is the purpose of the submitted
rule revision?
II. EPA’s Evaluation and Action
A. How is EPA evaluating the rule?
B. Does the rule meet the evaluation
criteria?
C. What is the rule deficiency?
D. EPA Recommendations To Further
Improve the Rule
E. Proposed Action and Public Comment
III. Statutory and Executive Order Reviews
I. The State’s Submittal
A. What rule did the State submit?
Table 1 lists the rule addressed by this
proposal with the dates that it was
adopted by the local air agency and
submitted by the California Air
Resources Board.
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
TABLE 1—SUBMITTED RULE
Local agency
Rule No.
SJVAPCD .....................................
4352
On 10/24/06, EPA determined that the
submittal for SJVAPCD Rule 4352 met
the completeness criteria in 40 CFR part
VerDate Nov<24>2008
14:54 Dec 08, 2009
Jkt 220001
Rule title
Adopted
Solid Fuel Fired Boilers, Steam Generators and Process Heaters ..
51 Appendix V, which must be met
before formal EPA review.
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
05/18/06
Submitted
10/05/06
B. Are there other versions of this rule?
We approved an earlier version of
Rule 4352 into the SIP on February 11,
E:\FR\FM\09DEP1.SGM
09DEP1
Agencies
[Federal Register Volume 74, Number 235 (Wednesday, December 9, 2009)]
[Proposed Rules]
[Pages 65040-65042]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29365]
=======================================================================
-----------------------------------------------------------------------
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).
-----------------------------------------------------------------------
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 https://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 https://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 https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at https://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