Modification of VOR Federal Airway V-405; NY

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97-AEA-30]

RIN 2120-AA66

Modification of VOR Federal Airway V-405; NY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action modifies Federal Airway 405 (V-405) between

Pawling, NY, Very High Frequency Omnidirectional Range (VOR) and the

CASSH Intersection, NY. This action will enhance air traffic control

(ATC) and allow for better utilization of the navigable airspace.

DATES: Effective 0901 UTC, August 13, 1998.

Comments for inclusion in the Rules Docket must be received on or

before August 6, 1998.

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

Traffic Division, AEA-500, Docket No. 97-AEA-30, Federal Aviation

Administration, JFK International Airport, Fitzgerald Federal Building,

Jamaica, NY 11430. Comments may be also sent electronically to the

following Internet address: 9-Direct Rule-C[email protected].

Comments delivered must be marked Airspace Docket No. 97-AEA-30.

The official docket may be examined weekdays, except Federal

holidays, between 8:30 a.m. and 5:00 p.m., in the Rules Docket, Office

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

Washington, DC.

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

Rules Division, ATA-400, Office of Air Traffic Airspace Management,

Federal Aviation

[[Page 33843]]

Administration, 800 Independence Avenue, SW., Washington, DC 20591;

Telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION:

The Rule

The FAA is amending 14 CFR part 71 to modify V-405 from the

Pawling, NY, VOR to the CASSH Intersection. Modifying this airway will

enhance ATC and will allow for better utilization of that airspace.

Currently, V-405 extends southeast from the Pawling VOR to a dog leg

beginning at the CASSH Intersection and continues to the southeast from

that intersection to the Carmel, NY, VOR. The section of V-405 between

Pawling VOR and the CASSH Intersection is unusable for navigation in

the current configuration and must be realigned. Three Federal airways,

V-123, V-483, and V-405, converge at the CASSH Intersection. The

alignment of each airway is significant to ensure that aircraft

operations are contained within the assigned airspace as required for

ATC. Realigning V-405 will allow the airway to be used for navigation

and will allow for better utilization of that airspace.

Incorporation by Reference

VOR Federal airway designations are published in paragraph 6010(a)

of FAA Order 7400.9E, dated September 10, 1997, and effective September

16, 1997, which is incorporated by reference in 14 CFR 71.1. The

Federal airway designation listed in this document will be published

subsequently in the Order.

The Direct Final Rule Procedure

The FAA anticipates that this regulation will not result in adverse

or negative comment and therefore is issuing it as a direct final rule.

This regulation is a minor technical amendment involving a one-degree

change in the radial for the airway. Unless a written adverse or

negative comment, or a written notice of intent to submit an adverse or

negative comment is received within the comment period, the regulation

will become effective on the date specified above. After the close of

the comment period, the FAA will publish a document in the Federal

Register indicating that no adverse or negative comments were received

and confirming the date on which the final rule will become effective.

If the FAA does receive, within the comment period, an adverse or

negative comment, or written notice of intent to submit such a comment,

a document withdrawing the direct final rule will be published in the

Federal Register, and a notice of proposed rulemaking may be published

with a new comment period.

Comments Invited

Although this action is in the form of a final rule and was not

preceded by a notice of proposed rulemaking, comments are invited on

this rule. Interested persons are invited to comment on this rule by

submitting such written data, views, or arguments as they may desire.

Communications should identify the Rules Docket number and be sumitted

in triplicate to the address specified under the caption ADDRESSES. All

communications received on or before the closing date for comments will

be considered, and this rule may be amended or withdrawn in light of

the comments received. Factual information that supports the

commenter's ideas and suggestions is extremely helpful in evaluating

the effectiveness of this action and determining whether additional

rulemaking action would be needed.

Comments are specifically invited on the overall regulatory,

economic, aeronautical, environment, and energy-related aspects of the

rule that might suggest a need to modify the rule. All comments

submitted will be available, both before and after the closing date for

comments, in the Rules Docket for examination by interested persons. A

report that summarizes each FAA-public contact concerned with the

substance of this action will be filed in the Rules Docket.

Commenters wishing the FAA to acknowledge receipt of their comments

submitted in response to this rule must submit a self-addressed,

stamped postcard on which the following statement is made: ``Comments

to Docket No. 97-AEA-30.'' The postcard will be date stamped and

returned to the commenter.

Agency Findings

The regulations adopted herein will not have substantial direct

effects on the States, on the relationship between the national

government and the States, or on the distribution of power and

responsibilities among the various levels of government. Therefore, in

accordance with Executive Order 12612, it is determined that this final

rule does not have sufficient federalism implications to warrant the

preparation of a Federalism Assessment.

The FAA has determined that this regulation is noncontroversial and

unlikely to result in adverse or negative comments. For the reasons

discussed in the preamble, I certify that this regulation (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) if promulgated, will not have

a significant economic impact, positive or negative, on a substantial

number of small entities under the criteria of the Regulatory

Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

Accordingly, the Federal Aviation Administration amends part 71 of

the Federal Aviation Regulations (14 CFR part 71) as follows:

PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS; AIRWAYS; 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]

The incorporation by reference in 14 CFR part 71 of the Federal

Aviation Administration Order 7400.9E, Airspace Designations and

Reporting Points, dated September 10, 1997, and effective September 16,

1997, which is incorporated by reference in 14 CFR 71.1, as follows:

Paragraph 6010(a) Domestic VOR Federal Airways

* * * * *

V-405 [Revised]

From INT Pottstown, PA, 222 deg. and Baltimore, MD, 034 deg.

radials; Pottstown; INT Pottstown 050 and Solberg, NJ, 264 deg.

radials; Solberg; INT Solberg 044 deg. and Carmel, NY, 243 deg.

radials; Carmel; INT Carmel 344 deg. and Pawling, NY, 204 deg.

radials; Pawling; INT Pawling 059 deg. and Bradley, CT 266 deg.

radials; Bradley; Providence, RI; INT Providence 151 deg. and

Martha's Vineyard, MA, 267 deg. radials; to Martha's Vineyard.

* * * * *

Issued in Washington, DC, on June 8, 1998.

Reginald C. Matthews,

Acting Program Director for Air Traffic Airspace Management.

[FR Doc. 98-15958 Filed 6-19-98; 8:45 am]

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