Proposed Amendment and Establishment of Multiple Air Traffic Service (ATS) Routes; Western United States, 50800-50804 [2019-20716]

Download as PDF 50800 Federal Register / Vol. 84, No. 187 / Thursday, September 26, 2019 / Proposed Rules decision on a petition for review as final, thus establishing a concrete cause of action. Section 3(h), meanwhile, resolves the problem that may exist when agency action is improperly binding, but nevertheless evades review because it is not yet final, by deeming any binding action necessarily one that is also final.* VI. Conclusion Americans should never be ‘‘at the mercy’’ of the whims of administrative agencies, set out in extralegal and extortionate ‘‘guidance’’ for approved behavior. Hamburger, supra, at 260. Purportedly binding rules masquerading as guidance are unlawful and unconstitutional and are among the very worst threats to liberty perpetrated by the administrative state. The Department of Energy should enact clear rules that respect the limits set by the Constitution, the APA, and all other statutes applicable to DOE regarding procedures for promulgating substantive, legislative rules. The Department should therefore prohibit the issuance, reliance on, or defense of improper agency guidance, and promulgate the proposed rule set out in this Petition. Sincerely, Steven M. Simpson, Senior Litigation Counsel. Mark Chenoweth, General Counsel. New Civil Liberties Alliance, 1225 19th Street NW, Suite 450, Washington, DC 20036, mark.chenoweth@ncla.legal, (202) 869–5210. [FR Doc. 2019–20540 Filed 9–25–19; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2019–0660; Airspace Docket No. 18–AWP–13] RIN 2120–AA66 Proposed Amendment and Establishment of Multiple Air Traffic Service (ATS) Routes; Western United States Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). khammond on DSKJM1Z7X2PROD with PROPOSALS AGENCY: This action proposes to amend two high altitude United States Area Navigation (RNAV) Air Traffic Service (ATS) routes (Q–13 and Q–15), establish one high altitude RNAV ATS route (Q–174), and establish five low SUMMARY: * NCLA gratefully acknowledges the contribution of former Senior Litigation Counsel Rick Faulk to this petition. VerDate Sep<11>2014 18:19 Sep 25, 2019 Jkt 247001 altitude RNAV ATS routes (T–338, T– 357, T–359, T–361, and T–363) in the western United States. The proposed Q and T routes will facilitate the movement of aircraft to, from, and through the Las Vegas terminal area. Additionally, the routes will promote operational efficiencies for users and provide connectivity to current and proposed RNAV enroute procedures while enhancing capacity for adjacent airports. DATES: Comments must be received on or before November 12, 2019. ADDRESSES: Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12–140, Washington, DC 20590; telephone: 1 (800) 647–5527, or (202) 366–9826. You must identify FAA Docket No. FAA– 2019–0660; Airspace Docket No. 18– AWP–13 at the beginning of your comments. You may also submit comments through the internet at http:// www.regulations.gov. FAA Order 7400.11D, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/ publications/. For further information, you can contact the Airspace Policy 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: Kenneth Ready, Airspace Policy Group, Office of Airspace Services, 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 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it modifies the route structure as necessary to support the flow of air traffic within the National Airspace System. 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– 2019–0660; Airspace Docket No. 18– AWP–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–2019–0660; Airspace Docket No. 18–AWP–13.’’ The postcard will be date/time stamped and returned to the commenter. All communications received on or before the specified comment closing date 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 comment closing date. 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 E:\FR\FM\26SEP1.SGM 26SEP1 Federal Register / Vol. 84, No. 187 / Thursday, September 26, 2019 / Proposed Rules phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal holidays. An informal docket may also be examined during normal business hours at the office of the Western Service Center, Operations Support Group, Federal Aviation Administration, 2200 South 216th St., Des Moines, WA 98198. khammond on DSKJM1Z7X2PROD with PROPOSALS Availability and Summary of Documents for Incorporation by Reference This document proposes to amend 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. Background The Las Vegas Metroplex Project developed Performance Based Navigation (PBN) routes involving the Los Angeles Air Route Traffic Control Center (ARTCC) and the Las Vegas Approach Control (TRACON). The airports considered in the Las Vegas Metroplex were McCarran International Airport (KLAS), Henderson Executive Airport (KHND), North Las Vegas Airport (KVGT), and Boulder City Municipal Airport (KBVU). Nellis Air Force Base (KLSV—a Department of Defense [DoD] facility) also has an impact on Las Vegas operations, and was involved in the Metroplex design process. The Metroplex design team considered numerous alternatives in the development of the proposed ATS routes For each individual concept, the team went through an iterative design process, considering alternative lateral and vertical paths, various speed and altitude restrictions, alternative leg types, different segregation options, and various charting considerations. The development of new PBN procedures was particularly challenging due to constraints created by an abundance of DoD/Special Use Airspace (SUA), National Parks, terrain, and interactions between airport traffic flows. In the development of procedures, the team elected to provide the most benefit for the widest range of users. The proposed new T and Q-routes, as well as the amended Q-routes, would support the strategy to transition the NAS from a ground-based navigation and radar based system to a satellitebased PBN system. The airway proposals in this NPRM are designed to VerDate Sep<11>2014 17:55 Sep 25, 2019 Jkt 247001 work hand-in-hand with the upcoming Las Vegas Metroplex terminal procedures. The proposed Q and T routes will facilitate the movement of aircraft to, from, and through the Las Vegas Terminal Area. Taking advantage of the capabilities of the advanced flight management systems in modern aircraft, these Q and T routes would serve to reduce air traffic control (ATC) sector complexity, increase NAS capacity, reduce pilot-to-air traffic controller communications, and allow aircraft to be cleared to their cruising altitude and flight planned route more expeditiously. The Proposal The FAA is proposing an amendment to Title 14 Code of Federal Regulations (14 CFR) part 71 to amend United States RNAV ATS routes Q–13 and Q–15 and establish United States RNAV ATS routes Q–174, T–338, T- 357, T–359, T– 361, and T–363 as part of the Las Vegas Metroplex Project. Full route descriptions are detailed in the proposed amendments to 14 CFR part 71 set forth below. The proposed amended ATS routes are as follows: Q–13: Q–13 currently extends from PRFUM, AZ, waypoint (WP) to PAWLI, OR, WP. The proposed amended route would begin at El Paso, TX, VORTAC (ELP) and end at PAWLI, OR, WP. The route would be extended approximately 180 miles to the southeast of PRFUM, AZ, WP to the El Paso, TX, VORTAC. The VERNO, AZ, WP; NABOB, AZ, WP; Drake, AZ, VORTAC (DRK); and WOTRO, AZ, WP would be added prior to PRFUM, AZ WP. The HOUZZ, NV; FUULL, NV, and SKANN, AZ, WPs would be added between PRFUM, AZ, WP and the LOMIA, NV, WP. No proposed changes to the ATS route after LOMIA, AZ, WP. Moving Q–13 to the west and beginning the route at El Paso, TX, VORTAC (ELP) will segregate overflight traffic on Q–13 from McCarran International Airport (KLAS) arrival and departure traffic on the new KLAS COKTL Standard Terminal Arrival Route (STAR) and KLAS JOHKR Standard Instrument Departure (SID). By segregating the Q-route from inbound and outbound traffic, KLAS departures can be assigned requested altitudes sooner. This will also allow Oakland ARTCC to deliver KLAS arrival traffic to Los Angeles ARTCC at higher altitudes than current state, and will provide the opportunity for optimized profile descents. Q–15: Q–15 currently extends from CHILY, AZ, FIX to LOMIA, NV, WP. The proposed amended route would add SOTOO, NV; HOUZZ, NV; FUULL, NV; and SKANN, NV, WPs between PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 50801 DOVEE, NV and LOMIA, NV, WPs. The purpose of this routing is to segregate overflight traffic on Q–15 from Las Vegas McCarran (KLAS) arrival and departure traffic. The proposed new ATS routes are as follows: Q–174: Q–174 would extend between the NTELL, CA, WP to the FLCHR, NV, WP. Q–174 will provide connectivity from the California Bay Area airports to Las Vegas McCarran and North Las Vegas airports. This route will also provide an efficient path to navigate around active special use airspace and facilitate arrival sequencing to Las Vegas McCarran and satellite airports. T–338: T–338 would extend between the DSIRE, NV, WP to the BOEGY, AZ, WP. T–338 will provide a lateral path for arrivals and departures to the North Las Vegas Airport (KVGT), Boulder City Municipal Airport (KBVU) and McCarran International Airport (KLAS). Additionally, it will serve propeller aircraft arriving at KVGT and KLAS from points east or that are departing from KVGT and KLAS to points east. T–357: T–357 would extend between the KONNG, NV, WP to the DSIRE, NV, WP. T–357 will provide a predictable and repeatable path for overflights through the Las Vegas TRACON airspace and serve as an arrival/ departure airway for North Las Vegas Airport (KVGT), Henderson Executive Airport (KHND), Boulder City Municipal Airport (KBVU) and McCarran International Airport (KLAS) aircraft. T–359: T–359 would extend between the DANBY, CA, WP to the DSIRE, NV, WP. T–359 will provide a predictable and repeatable path for overflights through the Las Vegas TRACON airspace and serve as an arrival/ departure airway for North Las Vegas Airport (KVGT), Henderson Executive Airport (KHND), Boulder City Municipal Airport (KBVU) and McCarran International Airport (KLAS) aircraft. T–359 will reduce the current requirement for air traffic control facilities to issue radar vectors or itinerant routing for North Las Vegas Airport (KVGT) arrivals/departures or overflights. T–361: T–361 would extend between the BOEGY, AZ, WP to the Mormon Mesa, NV, VORTAC (MMM). T–361 will provide a predictable and repeatable flight path for aircraft flying through the Las Vegas TRACON airspace and to serve as an arrival/departure airway for McCarran International Airport (KLAS), North Las Vegas Airport (KVGT), Boulder City Municipal Airport (KBVU) and Henderson Executive Airport (KHND). T–361 will reduce the current E:\FR\FM\26SEP1.SGM 26SEP1 50802 Federal Register / Vol. 84, No. 187 / Thursday, September 26, 2019 / Proposed Rules requirement for air traffic control facilities to issue radar vectors or itinerant routing for KLAS and KHND. T–363: T–363 would extend between the DICSA, NV, FIX to the Mormon Mesa, NV, VORTAC (MMM). T–363 will provide a predictable and repeatable path for propeller-driven arrivals and departures to and from Henderson Executive Airport (KHND), Boulder Municipal City Airport (KBVU), and Las Vegas McCarran International Airport to and from points north and northeast. United States Area Navigation Routes are published in paragraph 2006 and 6011 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 United States Area Navigation Routes listed in this document will be subsequently published in the Order. FAA Order 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15. khammond on DSKJM1Z7X2PROD with PROPOSALS Regulatory Notices and Analyses 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. 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 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. Environmental Review 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(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. § 71.1 [Amended] 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: ■ This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1F, ‘‘Environmental Impacts: Policies and Procedures’’ prior to any FAA final regulatory action. List of Subjects in 14 CFR Part 71 Paragraph 2006 United States Area Navigation Routes. * * * Airspace, Incorporation by reference, Navigation (air). Q–13 El Paso, TX (ELP) to PAWLI, OR [Amended] El Paso, TX (ELP) VORTAC (Lat. 31°48′ 57.28″ N, long. 106°16′ 54.78″ W) VERNO, AZ FIX (Lat. 34°15′ 38.47″ N, long. 109°37′ 37.98″ W) NABOB, AZ FIX (Lat. 34°19′ 40.60″ N, long. 111°18′ 53.90″ W) Drake, AZ (DRK) VORTAC (Lat. 34°42′ 09.19″ N, long. 112°28′ 49.23″ W) WOTRO, AZ WP (Lat. 35°10′ 07.89″ N, long. 113°19′ 15.68″ W) PRFUM, AZ WP (Lat. 35°30′ 24.46″ N, long. 113°56′ 34.85″ W) HOUZZ, NV WP (Lat. 36°36′ 43.75″ N, long. 116°36′ 37.60″ W) FUULL, NV WP (Lat. 37°16′ 52.93″ N, long. 117°10′ 13.96″ W) WP (Lat. 37°22′ 52.68″ N, SKANN, NV long. 117°15′ 54.53″ W) LOMIA, NV WP (Lat. 39°13′ 11.57″ N, long. 119°06′ 22.95″ W) RUFUS, CA WP (Lat. 41°26′ 00.00″ N, long. 120°00′ 00.00″ W) PAWLI, OR WP (Lat. 43°10′ 48.00″ N, long. 120°55′ 50.00″ W) * * * * * Q–15 VerDate Sep<11>2014 17:55 Sep 25, 2019 Jkt 247001 DOVEE, NV to LOMIA, NV [Amended] PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\26SEP1.SGM 26SEP1 * * Federal Register / Vol. 84, No. 187 / Thursday, September 26, 2019 / Proposed Rules * * * * CHILY, AZ WP DOVEE, NV WP SOTOO, NV WP HOUZZ, NV WP FUULL, NV WP SKANN, NV WP LOMIA, NV WP (Lat. 34°42′ 48.61″ N, long. 112°45′ 42.27″ W) (Lat. 35°26′ 51.07″ N, long. 114°48′ 00.94″ W) (Lat. 36°17′ 22.55″ N, long. 116°13′ 14.12″ W) (Lat. 36°36′ 43.75″ N, long. 116°36′ 37.60″ W) (Lat. 37°16′ 52.93″ N, long. 117°10′ 13.96″ W) (Lat. 37°22′ 52.68″ N, long. 117°15′ 54.53″ W) (Lat. 39°13′ 11.57″ N, long. 119°06′ 22.95″ W) * Q174 NTELL, CA to FLCHR, NV [New] NTELL, CA WP * * * * CABAB, CA WP TTMSN, CA WP SKANN, NV WP FLCHR, NV WP Paragraph 6011 United States Area Navigation Routes. * * * * * * T–338 DSIRE, NV to BOEGY, AZ [New] DSIRE, NV WP * * * * LNDIN, NV WP WYLND, NV WP BOEGY, AZ WP khammond on DSKJM1Z7X2PROD with PROPOSALS (Lat. 36°13′ 40.62″ N, long. 115°14′ 26.15″ W) (Lat. 36°13′ 03.54″ N, long. 114°50′ 39.84″ W) (Lat. 36°09′ 26.64″ N, long. 114°24′ 58.20″ W) (Lat. 36°05′ 21.17″ N, long. 114°03′ 33.41″ W) * T–357 KONNG, NV to DSIRE, NV [New] KONNG, NV WP DICSA, NV FIX WANDR, NV WP DSIRE, NV WP T–359 17:55 Sep 25, 2019 Jkt 247001 (Lat. 35°27′ 39.39″ N, long. 114°57′ 02.15″ W) (Lat. 35°52′ 05.33″ N, long. 115°02′ 15.10″ W) (Lat. 36°05′ 33.54″ N, long. 115°06′ 40.87″ W) (Lat. 36°13′ 40.62″ N, long. 115°14′ 26.15″ W) DANBY, CA to DSIRE, NV [New] DANBY, CA VerDate Sep<11>2014 (Lat. 36°53′ 58.99″ N, long. 119°53′ 22.21″ W) (Lat. 37°16′ 36.00″ N, long. 118°43′ 12.00″ W) (Lat. 37°21′ 11.49″ N, long. 117°40′ 54.51″ W) (Lat. 37°22′ 52.68″ N, long. 117°15′ 54.53″ W) (Lat. 37°06′ 02.27″ N, long. 116°52′ 31.36″ W) PO 00000 FIX Frm 00013 Fmt 4702 (Lat. 35°18′ 41.17″ N, long. 115°47′ 09.11″ W) Sfmt 4702 E:\FR\FM\26SEP1.SGM 26SEP1 50803 50804 Federal Register / Vol. 84, No. 187 / Thursday, September 26, 2019 / Proposed Rules DICSA, NV (Lat. 35°52′ 05.33″ N, long. 115°02′ 15.10″ W) RAATT, NV WP (Lat. 36°04′ 42.74″ N, long. 115°13′ 04.33″ W) DSIRE, NV WP (Lat. 36°13′ 40.62″ N, long. 115°14′ 26.15″ W) T–361 BOEGY, AZ to MORMON MESA, NV [New] BOEGY, AZ WP (Lat. 36°05′ 21.17″ N, long. 114°03′ 33.41″ W) PUTTT, AZ WP (Lat. 35°50′ 09.62″ N, long. 114°40′ 35.63″ W) DICSA, NV FIX (Lat. 35°52′ 05.33″ N, long. 115°02′ 15.10″ W) WANDR, NV WP (Lat. 36°05′ 33.54″ N, long. 115°06′ 40.87″ W) LNDIN, NV WP (Lat. 36°13′ 03.54″ N, long. 114°50′ 39.84″ W) WP (Lat. 36°24′ 00.96″ N, SHIEK, NV long. 114°27′ 01.91″ W) Mormon Mesa, NV, (MMM) VORTAC (Lat. 36°46′ 09.31″ N, long. 114°16′ 38.83″ W) T–363 DICSA, NV, to Mormon Mesa, NV (MMM) [New] DICSA, NV FIX (Lat. 35°52′ 05.33″ N, long. 115°02′ 15.10″ W) PUTTT, AZ WP (Lat. 35°50′ 09.62″ N, long. 114°40′ 35.63″ W) SHIEK, NV WP (Lat. 36°24′ 00.96″ N, long. 114°27′ 01.91″ W) MORMON MESA, NV VORTAC (Lat. 36°46′ 09.31″ N, (MMM) long. 114°16′ 38.83″ W) Issued in Washington, DC, on September 18, 2019. Scott M. Rosenbloom, Acting Manager, Airspace Policy Group. [FR Doc. 2019–20716 Filed 9–25–19; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration As of September 26, 2019 the proposed rule published on August 12, 2019, at 84 FR 39784, is withdrawn. DATES: FOR FURTHER INFORMATION CONTACT: Christopher Southerland, Federal Aviation Administration, Operations Support Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222–5900. SUPPLEMENTARY INFORMATION: 14 CFR Part 71 History [Docket No. FAA–2019–0034; Airspace Docket No. 19–ASW–1] On August 12, 2019 (84 FR 39784), the FAA published in the Federal Register an NPRM proposing to modify Class E airspace extending upward from 700 feet above the surface at Alpine, TX, due to the decommissioning of the Brewster County non-directional beacon (NDB). RIN 2120–AA66 Proposed Revocation of Class E Airspace; Alpine, TX: Withdrawal Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM); withdrawal. AGENCY: khammond on DSKJM1Z7X2PROD with PROPOSALS FIX The FAA is withdrawing the NPRM published in the Federal Register on August 12, 2019, to amend Class E airspace extending upward from 700 feet above the surface at AlpineCasparis Municipal Airport, Alpine, TX. SUMMARY: VerDate Sep<11>2014 17:55 Sep 25, 2019 Jkt 247001 List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). The Withdrawal Accordingly, pursuant to the authority delegated to me, the NPRM published in the Federal Register on August 12, 2019 (84 FR 39784) [FR Doc. 2019–0034] is hereby withdrawn. ■ Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. Issued in Fort Worth, Texas, on September 20, 2019. Johanna Forkner, Acting Manager, Operations Support Group, ATO Central Service Center. [FR Doc. 2019–20931 Filed 9–25–19; 8:45 am] BILLING CODE 4910–13–P FAA’s Conclusions The NPRM is being withdrawn due to this being a duplicate of a previous NPRM that was published in the Federal Register on February 20, 2019 (84 FR 5016). PO 00000 Frm 00014 Fmt 4702 Sfmt 9990 E:\FR\FM\26SEP1.SGM 26SEP1

Agencies

[Federal Register Volume 84, Number 187 (Thursday, September 26, 2019)]
[Proposed Rules]
[Pages 50800-50804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20716]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0660; Airspace Docket No. 18-AWP-13]
RIN 2120-AA66


Proposed Amendment and Establishment of Multiple Air Traffic 
Service (ATS) Routes; Western United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This action proposes to amend two high altitude United States 
Area Navigation (RNAV) Air Traffic Service (ATS) routes (Q-13 and Q-
15), establish one high altitude RNAV ATS route (Q-174), and establish 
five low altitude RNAV ATS routes (T-338, T-357, T-359, T-361, and T-
363) in the western United States. The proposed Q and T routes will 
facilitate the movement of aircraft to, from, and through the Las Vegas 
terminal area. Additionally, the routes will promote operational 
efficiencies for users and provide connectivity to current and proposed 
RNAV enroute procedures while enhancing capacity for adjacent airports.

DATES: Comments must be received on or before November 12, 2019.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West 
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone: 1 
(800) 647-5527, or (202) 366-9826. You must identify FAA Docket No. 
FAA-2019-0660; Airspace Docket No. 18-AWP-13 at the beginning of your 
comments. You may also submit comments through the internet at http://www.regulations.gov.
    FAA Order 7400.11D, Airspace Designations and Reporting Points, and 
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the 
Airspace Policy 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: 
[email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Kenneth Ready, Airspace Policy Group, 
Office of Airspace Services, 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 as necessary to support 
the flow of air traffic within the National Airspace System.

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-
2019-0660; Airspace Docket No. 18-AWP-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-2019-0660; Airspace Docket No. 18-AWP-13.'' The 
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment 
closing date 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 comment 
closing date. 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

[[Page 50801]]

phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, 
except federal holidays. An informal docket may also be examined during 
normal business hours at the office of the Western Service Center, 
Operations Support Group, Federal Aviation Administration, 2200 South 
216th St., Des Moines, WA 98198.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend 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.

Background

    The Las Vegas Metroplex Project developed Performance Based 
Navigation (PBN) routes involving the Los Angeles Air Route Traffic 
Control Center (ARTCC) and the Las Vegas Approach Control (TRACON). The 
airports considered in the Las Vegas Metroplex were McCarran 
International Airport (KLAS), Henderson Executive Airport (KHND), North 
Las Vegas Airport (KVGT), and Boulder City Municipal Airport (KBVU). 
Nellis Air Force Base (KLSV--a Department of Defense [DoD] facility) 
also has an impact on Las Vegas operations, and was involved in the 
Metroplex design process.
    The Metroplex design team considered numerous alternatives in the 
development of the proposed ATS routes For each individual concept, the 
team went through an iterative design process, considering alternative 
lateral and vertical paths, various speed and altitude restrictions, 
alternative leg types, different segregation options, and various 
charting considerations. The development of new PBN procedures was 
particularly challenging due to constraints created by an abundance of 
DoD/Special Use Airspace (SUA), National Parks, terrain, and 
interactions between airport traffic flows. In the development of 
procedures, the team elected to provide the most benefit for the widest 
range of users.
    The proposed new T and Q-routes, as well as the amended Q-routes, 
would support the strategy to transition the NAS from a ground-based 
navigation and radar based system to a satellite-based PBN system. The 
airway proposals in this NPRM are designed to work hand-in-hand with 
the upcoming Las Vegas Metroplex terminal procedures. The proposed Q 
and T routes will facilitate the movement of aircraft to, from, and 
through the Las Vegas Terminal Area. Taking advantage of the 
capabilities of the advanced flight management systems in modern 
aircraft, these Q and T routes would serve to reduce air traffic 
control (ATC) sector complexity, increase NAS capacity, reduce pilot-
to-air traffic controller communications, and allow aircraft to be 
cleared to their cruising altitude and flight planned route more 
expeditiously.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal 
Regulations (14 CFR) part 71 to amend United States RNAV ATS routes Q-
13 and Q-15 and establish United States RNAV ATS routes Q-174, T-338, 
T- 357, T-359, T-361, and T-363 as part of the Las Vegas Metroplex 
Project. Full route descriptions are detailed in the proposed 
amendments to 14 CFR part 71 set forth below.
    The proposed amended ATS routes are as follows:
    Q-13: Q-13 currently extends from PRFUM, AZ, waypoint (WP) to 
PAWLI, OR, WP. The proposed amended route would begin at El Paso, TX, 
VORTAC (ELP) and end at PAWLI, OR, WP. The route would be extended 
approximately 180 miles to the southeast of PRFUM, AZ, WP to the El 
Paso, TX, VORTAC. The VERNO, AZ, WP; NABOB, AZ, WP; Drake, AZ, VORTAC 
(DRK); and WOTRO, AZ, WP would be added prior to PRFUM, AZ WP. The 
HOUZZ, NV; FUULL, NV, and SKANN, AZ, WPs would be added between PRFUM, 
AZ, WP and the LOMIA, NV, WP. No proposed changes to the ATS route 
after LOMIA, AZ, WP. Moving Q-13 to the west and beginning the route at 
El Paso, TX, VORTAC (ELP) will segregate overflight traffic on Q-13 
from McCarran International Airport (KLAS) arrival and departure 
traffic on the new KLAS COKTL Standard Terminal Arrival Route (STAR) 
and KLAS JOHKR Standard Instrument Departure (SID). By segregating the 
Q-route from inbound and outbound traffic, KLAS departures can be 
assigned requested altitudes sooner. This will also allow Oakland ARTCC 
to deliver KLAS arrival traffic to Los Angeles ARTCC at higher 
altitudes than current state, and will provide the opportunity for 
optimized profile descents.
    Q-15: Q-15 currently extends from CHILY, AZ, FIX to LOMIA, NV, WP. 
The proposed amended route would add SOTOO, NV; HOUZZ, NV; FUULL, NV; 
and SKANN, NV, WPs between DOVEE, NV and LOMIA, NV, WPs. The purpose of 
this routing is to segregate overflight traffic on Q-15 from Las Vegas 
McCarran (KLAS) arrival and departure traffic.
    The proposed new ATS routes are as follows:
    Q-174: Q-174 would extend between the NTELL, CA, WP to the FLCHR, 
NV, WP. Q-174 will provide connectivity from the California Bay Area 
airports to Las Vegas McCarran and North Las Vegas airports. This route 
will also provide an efficient path to navigate around active special 
use airspace and facilitate arrival sequencing to Las Vegas McCarran 
and satellite airports.
    T-338: T-338 would extend between the DSIRE, NV, WP to the BOEGY, 
AZ, WP. T-338 will provide a lateral path for arrivals and departures 
to the North Las Vegas Airport (KVGT), Boulder City Municipal Airport 
(KBVU) and McCarran International Airport (KLAS). Additionally, it will 
serve propeller aircraft arriving at KVGT and KLAS from points east or 
that are departing from KVGT and KLAS to points east.
    T-357: T-357 would extend between the KONNG, NV, WP to the DSIRE, 
NV, WP. T-357 will provide a predictable and repeatable path for 
overflights through the Las Vegas TRACON airspace and serve as an 
arrival/departure airway for North Las Vegas Airport (KVGT), Henderson 
Executive Airport (KHND), Boulder City Municipal Airport (KBVU) and 
McCarran International Airport (KLAS) aircraft.
    T-359: T-359 would extend between the DANBY, CA, WP to the DSIRE, 
NV, WP. T-359 will provide a predictable and repeatable path for 
overflights through the Las Vegas TRACON airspace and serve as an 
arrival/departure airway for North Las Vegas Airport (KVGT), Henderson 
Executive Airport (KHND), Boulder City Municipal Airport (KBVU) and 
McCarran International Airport (KLAS) aircraft. T-359 will reduce the 
current requirement for air traffic control facilities to issue radar 
vectors or itinerant routing for North Las Vegas Airport (KVGT) 
arrivals/departures or overflights.
    T-361: T-361 would extend between the BOEGY, AZ, WP to the Mormon 
Mesa, NV, VORTAC (MMM). T-361 will provide a predictable and repeatable 
flight path for aircraft flying through the Las Vegas TRACON airspace 
and to serve as an arrival/departure airway for McCarran International 
Airport (KLAS), North Las Vegas Airport (KVGT), Boulder City Municipal 
Airport (KBVU) and Henderson Executive Airport (KHND). T-361 will 
reduce the current

[[Page 50802]]

requirement for air traffic control facilities to issue radar vectors 
or itinerant routing for KLAS and KHND.
    T-363: T-363 would extend between the DICSA, NV, FIX to the Mormon 
Mesa, NV, VORTAC (MMM). T-363 will provide a predictable and repeatable 
path for propeller-driven arrivals and departures to and from Henderson 
Executive Airport (KHND), Boulder Municipal City Airport (KBVU), and 
Las Vegas McCarran International Airport to and from points north and 
northeast.
    United States Area Navigation Routes are published in paragraph 
2006 and 6011 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 United States Area Navigation Routes listed in this document will 
be subsequently published in the Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is 
published yearly and effective on September 15.

Regulatory Notices and Analyses

    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. 
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 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.

Environmental Review

    This proposal will be subject to an environmental analysis in 
accordance with FAA Order 1050.1F, ``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

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 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 2006 United States Area Navigation Routes.

* * * * *

Q-13 El Paso, TX (ELP) to PAWLI, OR [Amended]
 
El Paso, TX (ELP)                             VORTAC                       (Lat. 31[deg]48' 57.28'' N, long.
                                                                            106[deg]16' 54.78'' W)
VERNO, AZ                                     FIX                          (Lat. 34[deg]15' 38.47'' N, long.
                                                                            109[deg]37' 37.98'' W)
NABOB, AZ                                     FIX                          (Lat. 34[deg]19' 40.60'' N, long.
                                                                            111[deg]18' 53.90'' W)
Drake, AZ (DRK)                               VORTAC                       (Lat. 34[deg]42' 09.19'' N, long.
                                                                            112[deg]28' 49.23'' W)
WOTRO, AZ                                     WP                           (Lat. 35[deg]10' 07.89'' N, long.
                                                                            113[deg]19' 15.68'' W)
PRFUM, AZ                                     WP                           (Lat. 35[deg]30' 24.46'' N, long.
                                                                            113[deg]56' 34.85'' W)
HOUZZ, NV                                     WP                           (Lat. 36[deg]36' 43.75'' N, long.
                                                                            116[deg]36' 37.60'' W)
FUULL, NV                                     WP                           (Lat. 37[deg]16' 52.93'' N, long.
                                                                            117[deg]10' 13.96'' W)
SKANN, NV                                     WP                           (Lat. 37[deg]22' 52.68'' N, long.
                                                                            117[deg]15' 54.53'' W)
LOMIA, NV                                     WP                           (Lat. 39[deg]13' 11.57'' N, long.
                                                                            119[deg]06' 22.95'' W)
RUFUS, CA                                     WP                           (Lat. 41[deg]26' 00.00'' N, long.
                                                                            120[deg]00' 00.00'' W)
PAWLI, OR                                     WP                           (Lat. 43[deg]10' 48.00'' N, long.
                                                                            120[deg]55' 50.00'' W)
 

* * * * *

Q-15 DOVEE, NV to LOMIA, NV [Amended]
 

[[Page 50803]]

 
CHILY, AZ                                     WP                           (Lat. 34[deg]42' 48.61'' N, long.
                                                                            112[deg]45' 42.27'' W)
DOVEE, NV                                     WP                           (Lat. 35[deg]26' 51.07'' N, long.
                                                                            114[deg]48' 00.94'' W)
SOTOO, NV                                     WP                           (Lat. 36[deg]17' 22.55'' N, long.
                                                                            116[deg]13' 14.12'' W)
HOUZZ, NV                                     WP                           (Lat. 36[deg]36' 43.75'' N, long.
                                                                            116[deg]36' 37.60'' W)
FUULL, NV                                     WP                           (Lat. 37[deg]16' 52.93'' N, long.
                                                                            117[deg]10' 13.96'' W)
SKANN, NV                                     WP                           (Lat. 37[deg]22' 52.68'' N, long.
                                                                            117[deg]15' 54.53'' W)
LOMIA, NV                                     WP                           (Lat. 39[deg]13' 11.57'' N, long.
                                                                            119[deg]06' 22.95'' W)
 

* * * * *

Q174 NTELL, CA to FLCHR, NV [New]
 
NTELL, CA                                     WP                           (Lat. 36[deg]53' 58.99'' N, long.
                                                                            119[deg]53' 22.21'' W)
CABAB, CA                                     WP                           (Lat. 37[deg]16' 36.00'' N, long.
                                                                            118[deg]43' 12.00'' W)
TTMSN, CA                                     WP                           (Lat. 37[deg]21' 11.49'' N, long.
                                                                            117[deg]40' 54.51'' W)
SKANN, NV                                     WP                           (Lat. 37[deg]22' 52.68'' N, long.
                                                                            117[deg]15' 54.53'' W)
FLCHR, NV                                      WP                          (Lat. 37[deg]06' 02.27'' N, long.
                                                                            116[deg]52' 31.36'' W)
 

* * * * *

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-338 DSIRE, NV to BOEGY, AZ [New]
 
DSIRE, NV                                     WP                           (Lat. 36[deg]13' 40.62'' N, long.
                                                                            115[deg]14' 26.15'' W)
LNDIN, NV                                      WP                          (Lat. 36[deg]13' 03.54'' N, long.
                                                                            114[deg]50' 39.84'' W)
WYLND, NV                                     WP                           (Lat. 36[deg]09' 26.64'' N, long.
                                                                            114[deg]24' 58.20'' W)
BOEGY, AZ                                     WP                           (Lat. 36[deg]05' 21.17'' N, long.
                                                                            114[deg]03' 33.41'' W)
 

* * * * *

T-357 KONNG, NV to DSIRE, NV [New]
 
KONNG, NV                                     WP                           (Lat. 35[deg]27' 39.39'' N, long.
                                                                            114[deg]57' 02.15'' W)
DICSA, NV                                     FIX                          (Lat. 35[deg]52' 05.33'' N, long.
                                                                            115[deg]02' 15.10'' W)
WANDR, NV                                     WP                           (Lat. 36[deg]05' 33.54'' N, long.
                                                                            115[deg]06' 40.87'' W)
DSIRE, NV                                     WP                           (Lat. 36[deg]13' 40.62'' N, long.
                                                                            115[deg]14' 26.15'' W)
 


T-359 DANBY, CA to DSIRE, NV [New]
 
DANBY, CA                                     FIX                          (Lat. 35[deg]18' 41.17'' N, long.
                                                                            115[deg]47' 09.11'' W)

[[Page 50804]]

 
DICSA, NV                                     FIX                          (Lat. 35[deg]52' 05.33'' N, long.
                                                                            115[deg]02' 15.10'' W)
RAATT, NV                                     WP                           (Lat. 36[deg]04' 42.74'' N, long.
                                                                            115[deg]13' 04.33'' W)
DSIRE, NV                                     WP                           (Lat. 36[deg]13' 40.62'' N, long.
                                                                            115[deg]14' 26.15'' W)
 


T-361 BOEGY, AZ to MORMON MESA, NV [New]
 
BOEGY, AZ                                     WP                           (Lat. 36[deg]05' 21.17'' N, long.
                                                                            114[deg]03' 33.41'' W)
PUTTT, AZ                                     WP                           (Lat. 35[deg]50' 09.62'' N, long.
                                                                            114[deg]40' 35.63'' W)
DICSA, NV                                     FIX                          (Lat. 35[deg]52' 05.33'' N, long.
                                                                            115[deg]02' 15.10'' W)
WANDR, NV                                     WP                           (Lat. 36[deg]05' 33.54'' N, long.
                                                                            115[deg]06' 40.87'' W)
LNDIN, NV                                     WP                           (Lat. 36[deg]13' 03.54'' N, long.
                                                                            114[deg]50' 39.84'' W)
SHIEK, NV                                     WP                           (Lat. 36[deg]24' 00.96'' N, long.
                                                                            114[deg]27' 01.91'' W)
Mormon Mesa, NV, (MMM)                        VORTAC                       (Lat. 36[deg]46' 09.31'' N, long.
                                                                            114[deg]16' 38.83'' W)
 


T-363 DICSA, NV, to Mormon Mesa, NV (MMM) [New]
 
DICSA, NV                                     FIX                          (Lat. 35[deg]52' 05.33'' N, long.
                                                                            115[deg]02' 15.10'' W)
PUTTT, AZ                                     WP                           (Lat. 35[deg]50' 09.62'' N, long.
                                                                            114[deg]40' 35.63'' W)
SHIEK, NV                                     WP                           (Lat. 36[deg]24' 00.96'' N, long.
                                                                            114[deg]27' 01.91'' W)
MORMON MESA, NV (MMM)                         VORTAC                       (Lat. 36[deg]46' 09.31'' N, long.
                                                                            114[deg]16' 38.83'' W)
 


    Issued in Washington, DC, on September 18, 2019.
Scott M. Rosenbloom,
Acting Manager, Airspace Policy Group.
[FR Doc. 2019-20716 Filed 9-25-19; 8:45 am]
 BILLING CODE 4910-13-P