Proposed Establishment and Alteration of VOR Federal Airways; Florida

DEPARTMENT OF TRANSPORTATION

14 CFR Part 71

[Airspace Docket No. 94-ASO-16]

Proposed Establishment and Alteration of VOR Federal Airways;

Florida

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This proposal would establish new Federal airways and modify

existing airways in the Miami, FL, area. Establishing new airways and

realigning existing airways are necessary because of the commissioning

of the Virginia Keys, FL (VKZ) Very High Frequency Omnidirectional

Range and Distance Measuring Equipment (VOR/DME).

DATES: Comments must be received on or before December 6, 1994.

ADDRESSES: Send comments on the proposal in triplicate to: Manager, Air

Traffic Division, ASO-500, Docket No. 94-ASO-16, Federal Aviation

Administration, P.O. Box 20636, Atlanta, GA 30320.

The official docket may be examined in the Rules Docket, Office of

the Chief Counsel, Room 916, 800 Independence Avenue, SW., Washington,

DC, weekdays, except Federal holidays, between 8:30 a.m. and 5:00 p.m.

An informal docket may also be examined during normal business

hours at the office of the Regional Air Traffic Division.

FOR FURTHER INFORMATION CONTACT: Patricia P. Crawford, Airspace and

Obstruction Evaluation Branch (ATP-240), Airspace-Rules and

Aeronautical Information Division, Air Traffic Rules and Procedures

Service, Federal Aviation Administration, 800 Independence Avenue, SW.,

Washington, DC 20591; telephone: (202) 267-9255.

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 the airspace docket number and be

submitted in triplicate to the address listed above. Commenters wishing

the FAA to acknowledge receipt of their comments on this notice must

submit with those comments a self-addressed, stamped postcard on which

the following statement is made: ``Comments to Airspace Docket No. 94-

ASO-16.'' 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 notice may be changed

in light of comments received. All comments submitted will be available

for examination in the Rules 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 NPRM's

Any person may obtain a copy of this Notice of Proposed Rulemaking

(NPRM) by submitting a request to the Federal Aviation Administration,

Office of Public Affairs, Attention: Public Inquiry Center, APA-220,

800 Independence Avenue, SW., Washington, DC 20591, or by calling (202)

267-3485. Communications must identify the notice number of this NPRM.

Persons interested in being placed on a mailing list for future NPRM's

should also request a copy of Advisory Circular No. 11-2A, which

describes the application procedure.

The Proposal

The FAA is considering an amendment to part 71 of the Federal

Aviation Regulations (14 CFR part 71) to establish and alter various

Federal airways in the Miami, FL, area.

In 1992, Hurricane Andrew rendered the Biscayne Bay, FL, Very High

Frequency Omnidirectional Range (VOR) inoperative. Biscayne Bay VOR was

a significant navigational aid serving air traffic in the Miami

terminal airspace. Consequently, several of the airways previously

based, in part, on the Biscayne Bay VOR had to be realigned with other

navigational aids. The Virginia Key VOR/DME is being commissioned to

replace the Biscayne Bay VORTAC to support the air traffic operations

in the Miami, FL, area. Commissioning of the new, Virginia Key VOR/DME,

navigational aid will necessitate the realignment of existing routes.

Also, a new airway would be established to provide additional support

for air traffic operations in the Miami area. Domestic VOR Federal

airways are published in paragraph 6010(a) of FAA Order 7400.9B dated

July 18, 1994, and effective September 16, 1994, which is incorporated

by reference in 14 CFR 71.1. The Domestic VOR Federal airways listed in

this document would be published subsequently in the Order.

The FAA has determined that this proposed regulation only involves

an established body of technical regulations for which frequent and

routine amendments are necessary to keep them operationally current.

It, therefore - (1) is not a ``significant regulatory action'' under

Executive Order 12866; (2) is not a ``significant rule'' under 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. ICAO Considerations

As part of this proposal relates to navigable airspace outside the

United States, this notice is submitted in accordance with the

International Civil Aviation Organization (ICAO) International

Standards and Recommended Practices.

Applicability of International Standards and Recommended Practices

by the Air Traffic Rules and Procedures Service, FAA, in areas outside

domestic airspace of the United States is governed by Article 12 of,

and Annex 11 to, the Convention on International Civil Aviation, which

pertains to the establishment of air navigational facilities and

services necessary to promote the safe, orderly, and expeditious flow

of civil air traffic. Their purpose is to ensure that civil aircraft

operations on international air routes is carried out under uniform

conditions designed to improve the safety and efficiency of air

operations.

The International Standards and Recommended Practices in Annex 11

apply in those parts of the airspace under the jurisdiction of a

contracting state, derived from ICAO, wherein air traffic services are

provided and also whenever a contracting state accepts the

responsibility of providing air traffic services over high seas or in

airspace of undetermined sovereignty. A contracting state accepting

such responsibility may apply the International Standards and

Recommended Practices in a manner consistent with that adopted for

airspace under its domestic jurisdiction.

In accordance with Article 3 of the Convention on International

Civil Aviation, Chicago, 1944, state aircraft are exempt from the

provisions of Annex 11 and its Standards and Recommended Practices. As

a contracting state, the United States agreed by Article 3(d) that its

state aircraft will be operated in international airspace with due

regard for the safety of civil aircraft.

Since this action involves, in part, the designation of navigable

airspace outside the United States, the Administrator is consulting

with the Secretary of State and the Secretary of Defense in accordance

with the provisions of Executive Order 10854.

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--[AMENDED]

1. The authority citation for 14 CFR part 71 continues to read as

follows:

Authority: 49 U.S.C. app. 1348(a), 1354(a), 1510; E.O. 10854, 24

FR 9565, 3 CFR, 1959-1963 Comp.; p. 389; 49 U.S.C. 106(g); 14 CFR

11.69.

Sec. 71.1 [Amended]

2. The incorporation by reference in 14 CFR 71.1 of the Federal

Aviation Administration Order 7400.9B, Airspace Designations and

Reporting Points, dated July 18, 1994, and effective September 16,

1994, is amended as follows:

Paragraph 6010(a) Domestic VOR Federal Airways

* * * * *

V-3 (Revised)

From Key West, FL; INT Key West 083 deg.T(082 deg.M) and Miami,

FL, 185 deg.T(185 deg.M) radials; Miami; Ft. Lauderdale, FL; Palm

Beach, FL; Vero Beach, FL; Melbourne, FL; Ormond Beach, FL;

Brunswick, GA; Savannah, GA; Vance, SC; Florence, SC; Sandhills, NC;

Raleigh-Durham, NC; INT Raleigh-Durham 016 deg. and Flat Rock, VA,

214 deg. radials; Flat Rock; Gordonsville, VA; INT Gordonsville

331 deg. and Martinsburg, WV, 216 deg. radials; Martinsburg;

Westminster, MD; INT Westminster 048 deg. and Modena, PA, 258 deg.

radials; Modena; Solberg, NJ; INT Solberg 0441 deg. and Carmel, NY,

243 deg. radials; Carmel; Hartford, CT; INT Hartford 084 deg. and

Boston, MA, 224 deg. radials; Boston; INT Boston 014 deg. and Pease,

NH, 185 deg. radials; Pease; INT Pease 004 deg. and Augusta, ME,

233 deg. radials; Augusta; Bangor, ME; INT Bangor 039 deg. and

Houlton, ME, 203 deg. radials; Houlton; Presque Isle, ME; to PQ,

Canada. The airspace within R-2916, R-2934, R-2935 and within Canada

is excluded.

* * * * *

V-7 (Revised)

From INT Miami, FL, 222 deg. and Lee County, FL, 120 deg.

radials; Lee County; Lakeland, FL; Cross City, FL; Tallahassee, FL;

Wiregrass, AL; INT Wiregrass 333 deg. and Montgomery, AL, 129 deg.

radials; Montgomery; Vulcan, AL; Muscle Shoals, AL; Graham, TN;

Central City, KY; Pocket City, IN; INT Pocket City 016 deg. and

Terre Haute, IN, 191 deg. radials; Terre Haute; Boiler, IN; Chicago

Heights, IL; INT Chicago Heights 358 deg. and Falls, WI, 170 deg.

radials; Falls; Green Bay, WI; Menominee, MI; Marquette, MI. The

airspace below 2,000 feet MSL outside the United States is excluded.

The portion outside the United States has no upper limit.

* * * * *

V-51 (Revised)

From Pahokee, FL; INT Pahokee 009 deg. and Vero Beach, FL,

193 deg. radials; Vero Beach; INT Vero Beach 330 deg. and Ormond

Beach, FL, 183 deg. radials; Ormond Beach; Craig, FL; Alma, GA;

Dublin, GA; Athens, GA; INT Athens, GA, 340 deg. and Harris, GA,

148 deg. radials; Harris; Hinch Mountain, TN; Livingston, TN;

Louisville, KY; Nabb, IN; Shelbyville, IN; INT Shelbyville 313 deg.

and Boiler, IN, 136 deg. radials; Boiler; Chicago Heights, IL.

* * * * *

V-97 (Revised)

From Miami, FL; INT Miami 313 deg.T(313 deg.M) and La Belle, FL,

137 deg.T(136 deg.M) radials; La Belle; St. Petersburg, FL;

Tallahassee, FL; Pecan, GA; Atlanta, GA; INT Atlanta 001 deg. and

Volunteer, TN, 197 deg. radials; Volunteer; London, KY; Lexington,

KY; Cincinnati, OH; Shelbyville, IN, INT Shelbyville 313 deg. and

Boiler, IN, 136 deg. radials; Boiler; Chicago Heights, IL; to INT

Chicago Heights 358 deg. and Chicago O'Hare, IL, 127 deg. radials.

From INT Northbrook, IL, 290 deg. and Janesville, WI, 112 deg.

radials; Janesville; Lone Rock, WI; Nodine, MN; to Gopher, MN. The

airspace below 2,000 feet MSL outside the United States is excluded.

* * * * *

V-157 (Revised)

From Key West, FL; Miami, FL; INT Miami 332 deg.T(332 deg.M) and

La Belle, FL, 113 deg.T(112 deg.M) radials; La Belle; Lakeland, FL;

Ocala, FL; Gainesville, FL; Taylor, FL; Waycross, GA; Alma, GA;

Allendale, SC; Vance, SC; Florence, SC; Fayetteville, NC; Kinston,

NC; Tar River, NC; Lawrenceville, VA; Richmond, VA; INT Richmond

039 deg. and Patuxent, MD, 228 deg. radials; Patuxent; Smyrna, DE;

Woodstown, NJ; Robbinsville, NJ; INT Robbinsville 044 deg. and

LaGuardia, NY, 213 deg. radials; LaGuardia; INT LaGuardia 032 deg.

and Deer Park, NY, 326 deg. radials; INT Deer Park 326 deg. and

Kingston, NY, 191 deg. radials; Kingston, NY; to Albany, NY. The

airspace within R-2901A and R-6602A is excluded. The airspace at and

above 7,000 feet MSL which lies within the Lake Placid MOA is

excluded during the time the Lake Placid MOA is activated. The

airspace within R-4005 and R-4006 is excluded.

* * * * *

V-159 (Revised)

From Virginia Key, FL; INT Virginia Key 344 deg.T(348 deg.M) and

Vero Beach, FL, 178 deg.T(182 deg.M) radials; Vero Beach; INT Vero

Beach 319 deg.T(323 deg.M) and Orlando, FL, 140 deg.T(140 deg.M)

radials; Orlando; Ocala, FL; Cross City, FL; Greenville, FL; Pecan,

GA; Eufaula, AL; Tuskegee, AL; Vulcan, AL; Hamilton, AL; Holly

Springs, MS; Gilmore, AR; Walnut Ridge, AR; Dogwood, MO;

Springfield, MO; Napoleon, MO; INT Napoleon 336 deg. and St. Joseph,

MO, 132 deg. radials; St. Joseph; Omaha, NE; Sioux City, IA;

Yankton, SD; Mitchell, SD; to Huron, SD.

* * * * *

V-267 (Revised)

From Miami, FL; INT Miami 020 deg.T(020 deg.M) and Pahokee, FL,

157 deg.T(157 deg.M) radials; Pahokee; Orlando, FL; Craig, FL;

Dublin, GA; Athens, GA; INT Athens 340 deg. and Harris, GA, 148 deg.

radials; Harris; Volunteer, TN.

* * * * *

V-295 (Revised)

From Virginia Key, FL; INT Virginia Key 015 deg.T(019 deg.M) and

Vero Beach, FL, 143 deg. radial; Vero Beach; INT Vero Beach 296 deg.

and Orlando, FL, 162 deg. radials; Orlando; Ocala, FL; Cross City,

FL; to Tallahassee, FL. The portion outside the United States has no

upper limit.

* * * * *

V-437 (Revised)

From Miami, FL; INT Miami 020 deg.T(020 deg.M) and Pahokee, FL,

157 deg.T(157 deg.M) radials; Pahokee; Melbourne, FL; INT Melbourne

322 deg. and Ormond Beach, FL, 211 deg. radials; Ormond Beach;

Savannah, GA; Charleston, SC; Florence, SC. The airspace within R-

2935 is excluded.

* * * * *

V-492 (Revised)

From La Belle, FL; Pahokee, FL; INT Pahohee 115 deg.T(115 deg.M)

and Palm Beach, FL, 270 deg.T(273 deg.M) radials; Palm Beach; INT

Palm Beach 356 deg. and Melbourne, FL, 146 deg. radials; to

Melbourne.

* * * * *

V-509 (Revised)

From St. Petersburg, FL; INT St. Petersburg 110 deg.T(109 deg.M)

and Lakeland, FL, 140 deg.T(139 deg.M) radials.

* * * * *

V-511 (Revised)

From Lakeland, FL; INT Lakeland 140 deg.T(139 deg.M) and Miami,

FL, 332 deg.T(332 deg.M) radials; Miami.

* * * * *

V-521 (Revised)

From Miami, FL; INT Miami 313 deg.T(313 deg.M) and La Belle, FL,

137 deg.T(136 deg.M) radials; INT La Belle 137 deg.T(136 deg.M) and

Lee County, FL, 099 deg.T(101 deg.M) radials; Lee County; INT Lee

County 014 deg. and Lakeland, FL, 154 deg. radials; Lakeland; Cross

City, FL; INT Cross City 287 deg. and Marianna, FL, 141 deg.

radials; Marianna; Wiregrass, AL; INT Wiregrass 333 deg. and

Montgomery, AL, 129 deg. radials; Montgomery; INT Montgomery

357 deg. and Vulcan, AL, 139 deg. radials; Vulcan.

* * * * *

V-537 (Revised)

From Vero Beach, FL, via INT Vero Beach 318 deg.T(322 deg.M) and

Melbourne, FL, 298 deg. radials; INT Melbourne 298 deg. and Ocala,

FL, 145 deg. radials; Ocala; Gainesville, FL; Greenville, FL;

Moultrie, GA; Macon, GA.

* * * * *

V-599 (New)

From Lee County, FL; INT Lee County 083 deg.T(085 deg.M) and

Miami, FL, 332 deg.T(332 deg.M) radials; Miami.

* * * * *

Issued in Washington, DC, on October 14, 1994.

Nancy B. Kalinowski,

Acting Manager, Airspace-Rules and Aeronautical Information Division.

[FR Doc. 94-26498 Filed 10-25-94; 8:45 am]

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