81_FR_11457 81 FR 11414 - Amendment of United States Area Navigation (RNAV) Route Q-35; Western United States

81 FR 11414 - Amendment of United States Area Navigation (RNAV) Route Q-35; Western United States

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 43 (March 4, 2016)

Page Range11414-11415
FR Document2016-04739

This action corrects the FAA docket number of a final rule published in the Federal Register on January 14, 2016, amending the legal description of RNAV Route Q-35 in the Western United States. In that rule, the FAA docket number was incorrectly published as FAA-2013- 6001, instead of FAA-2015-6001.

Federal Register, Volume 81 Issue 43 (Friday, March 4, 2016)
[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Rules and Regulations]
[Pages 11414-11415]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04739]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2015-6001; Airspace Docket No. 15-ANM-10]
RIN 2120-AA66


Amendment of United States Area Navigation (RNAV) Route Q-35; 
Western United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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

SUMMARY: This action corrects the FAA docket number of a final rule 
published in the Federal Register on January 14, 2016, amending the 
legal description of RNAV Route Q-35 in the Western United States. In 
that rule, the FAA docket number was incorrectly published as FAA-2013-
6001, instead of FAA-2015-6001.

DATES: Effective date 0901 UTC, March 31, 2016. The Director of the 
Federal Register approves this incorporation by reference action under 
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and 
publication of conforming amendments.

ADDRESSES: FAA Order 7400.9Z, Airspace Designations and Reporting 
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further

[[Page 11415]]

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 7400.9Z at NARA, call 
(202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: Jason Stahl, Airspace Policy Group, 
Office of Airspace Services, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION: 

Background

    A final rule was published in the Federal Register on January 14, 
2016 (81 FR 1877), FR Doc. 2015-33095, that reversed the order of 
points listed in the legal description of RNAV Route Q-35 as published 
in FAA Order 7400.9, Airspace Designations and Reporting Points. 
Subsequent to publication, the FAA found that the FAA docket number for 
this document was inadvertently mistyped. This action corrects the FAA 
docket number.

Correction to Final Rule

    Accordingly, pursuant to the authority delegated to me, in the 
Federal Register of January 14, 2016 (81 FR 1877), the docket number, 
as published in the Federal Register on January 14, 2016 (81 FR 1877), 
FR Doc. 2015-33095, amending the legal description of RNAV Route Q-35, 
is corrected as follows:


Sec.  71.1  [Amended]

0
On page 1877, column 1, line 4, Remove ``Docket No. FAA-2013-6001'' and 
add in its place ``Docket No. FAA-2015-6001.

    Issued in Washington, DC, on February 25, 2016.
Kenneth Ready,
Acting Manager, Airspace Policy Group.
[FR Doc. 2016-04739 Filed 3-3-16; 8:45 am]
 BILLING CODE 4910-13-P



                                                11414                Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Rules and Regulations

                                                Order 7400.9Z dated August 6, 2015,                     Environmental Review                                    longitude 99°19′00″ W., excluding all Federal
                                                and effective September 15, 2015, which                                                                         airways.
                                                is incorporated by reference in 14 CFR                     The FAA has determined that this                     *        *       *    *   *
                                                71.1. The Class E airspace designations                 action qualifies for categorical exclusion
                                                                                                        under the National Environmental                        AGL ND E5 Rolla, ND [Amended]
                                                listed in this document will be
                                                                                                        Policy Act in accordance with FAA                       Rolla Municipal Airport, ND
                                                published subsequently in the Order.                                                                              (Lat. 48°53′04″ N., long. 99°37′15″ W.)
                                                                                                        Order 1050.1F, ‘‘Environmental
                                                Availability and Summary of                             Impacts: Policies and Procedures,’’                     Devils Lake VOR/DME
                                                Documents for Incorporation by                          paragraph 5–6.5.a. This airspace action                   (Lat. 48°06′55″ N., long. 98°54′45″ W.)
                                                Reference                                               is not expected to cause any potentially                  That airspace extending upward from 700
                                                                                                        significant environmental impacts, and                  feet above the surface within a 7.3-mile
                                                   This document amends FAA Order                                                                               radius of Rolla Municipal Airport, excluding
                                                                                                        no extraordinary circumstances exist
                                                7400.9Z, Airspace Designations and                                                                              that airspace north of lat. 49°00′00″ N.; and
                                                                                                        that warrant preparation of an                          that airspace extending upward from 1,200
                                                Reporting Points, dated August 6, 2015,                 environmental assessment.                               feet above the surface within an area
                                                and effective September 15, 2015. FAA                                                                           bounded on the north by lat. 49°00′00″ N., on
                                                Order 7400.9Z is publicly available as                  Lists of Subjects in 14 CFR Part 71
                                                                                                                                                                the east by long. 99°00′00″ W., on the
                                                listed in the ADDRESSES section of this                  Airspace, Incorporation by reference,                  southeast by the 22-mile arc of the Devils
                                                document. FAA Order 7400.9Z lists                       Navigation (air).                                       Lake VOR/DME, on the south by V–430, on
                                                Class A, B, C, D, and E airspace areas,                                                                         the southwest by the Rugby, ND, Class E
                                                air traffic service routes, and reporting               Adoption of the Amendment                               airspace area, and on the west by long.
                                                                                                                                                                99°49′00″ W.
                                                points.                                                   In consideration of the foregoing, the
                                                                                                        Federal Aviation Administration                           Issued in Fort Worth, Texas, on February
                                                The Rule                                                                                                        19, 2016.
                                                                                                        amends 14 CFR part 71 as follows:
                                                   This action amends Title 14, Code of                                                                         Walter Tweedy,
                                                Federal Regulations (14 CFR) part 71,                   PART 71—DESIGNATION OF CLASS A,                         Acting Manager, Operations Support Group,
                                                updating the geographic coordinates for                 B, C, D, AND E AIRSPACE AREAS; AIR                      ATO Central Service Center.
                                                Class E airspace extending upward from                  TRAFFIC SERVICE ROUTES; AND                             [FR Doc. 2016–04202 Filed 3–3–16; 8:45 am]
                                                700 feet above the surface at Harvey                    REPORTING POINTS                                        BILLING CODE 4910–13–P
                                                Municipal Airport, Harvey, ND; Rolla
                                                Municipal Airport, Rolla, ND; Minot                     ■ 1. The authority citation for Part 71
                                                AFB, Minot ND; and the Devils Lake                      continues to read as follows:                           DEPARTMENT OF TRANSPORTATION
                                                VOR/DME to coincide with the FAA’s                        Authority: 49 U.S.C. 106(f), 106(g); 40103,
                                                                                                        40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
                                                                                                                                                                Federal Aviation Administration
                                                aeronautical database.
                                                                                                        1959–1963 Comp., p. 389.
                                                   This is an administrative change                                                                             14 CFR Part 71
                                                amending the description for Harvey                     § 71.1       [Amended]
                                                                                                                                                                [Docket No. FAA–2015–6001; Airspace
                                                Municipal Airport and Rolla Municipal
                                                                                                        ■ 2. The incorporation by reference in                  Docket No. 15–ANM–10]
                                                Airport to be in concert with the FAA’s
                                                aeronautical database, and does not                     14 CFR 71.1 of FAA Order 7400.9Z,                       RIN 2120–AA66
                                                affect the boundaries, or operating                     Airspace Designations and Reporting
                                                requirements of the airspace; therefore,                Points, dated August 6, 2015, effective                 Amendment of United States Area
                                                                                                        September 15, 2015, is amended as                       Navigation (RNAV) Route Q–35;
                                                notice and public procedure under 5
                                                                                                        follows:                                                Western United States
                                                U.S.C. 553(b) are unnecessary.
                                                                                                        Paragraph 6005 Class E Airspace Areas                   AGENCY:  Federal Aviation
                                                Regulatory Notices and Analyses                         Extending Upward From 700 Feet or More
                                                                                                        Above the Surface of the Earth.
                                                                                                                                                                Administration (FAA), DOT.
                                                   The FAA has determined that this                                                                             ACTION: Final rule; correction.
                                                regulation only involves an established                 *        *      *      *       *
                                                body of technical regulations for which                 AGL ND E5 Harvey, ND [Amended]                          SUMMARY:    This action corrects the FAA
                                                frequent and routine amendments are                     Harvey Municipal Airport, ND                            docket number of a final rule published
                                                necessary to keep them operationally                       (Lat. 47°47′28″ N., long 99°55′54″ W.)               in the Federal Register on January 14,
                                                current, is non-controversial and                       Minot AFB, ND                                           2016, amending the legal description of
                                                unlikely to result in adverse or negative                  (Lat. 48°24′57″ N., long. 101°21′29″ W.)             RNAV Route Q–35 in the Western
                                                comments. It, therefore: (1) Is not a                   Bismarck VOR/DME                                        United States. In that rule, the FAA
                                                                                                           (Lat. 46°45′42″ N., long. 100°39′55″ W.)             docket number was incorrectly
                                                ‘‘significant regulatory action’’ under
                                                                                                        Devils Lake VOR/DME                                     published as FAA–2013–6001, instead
                                                Executive Order 12866; (2) is not a                        (Lat. 48°06′55″ N., long. 98°54′45″ W.)
                                                ‘‘significant rule’’ under DOT                                                                                  of FAA–2015–6001.
                                                                                                           That airspace extending upward from 700
                                                Regulatory Policies and Procedures (44                                                                          DATES: Effective date 0901 UTC, March
                                                                                                        feet above the surface within a 6.3-mile
                                                FR 11034; February 26, 1979); and (3)                   radius of Harvey Municipal Airport; and that            31, 2016. The Director of the Federal
                                                does not warrant preparation of a                       airspace extending upward from 1,200 feet               Register approves this incorporation by
                                                regulatory evaluation as the anticipated                above the surface bounded on the north by               reference action under 1 CFR part 51,
                                                impact is so minimal. Since this is a                   V–430, on the west by the 47-mile radius of             subject to the annual revision of FAA
jstallworth on DSK7TPTVN1PROD with RULES




                                                routine matter that only affects air traffic            Minot AFB, on the southwest by V–15, on the             Order 7400.9 and publication of
                                                procedures and air navigation, it is                    south by the Bismarck VOR/DME 36-mile                   conforming amendments.
                                                                                                        radius, on the southeast by V–169, and on the
                                                certified that this rule, when                          east by the Devils Lake VOR/DME 22-mile                 ADDRESSES: FAA Order 7400.9Z,
                                                promulgated, does not have a significant                radius; and that airspace extending upward              Airspace Designations and Reporting
                                                economic impact on a substantial                        from 1,200 feet above the surface bounded on            Points, and subsequent amendments can
                                                number of small entities under the                      the northwest by V–169, on the south by                 be viewed online at http://www.faa.gov/
                                                criteria of the Regulatory Flexibility Act.             latitude 47°30′00″ N., and on the east by               air_traffic/publications/. For further


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                                                                     Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Rules and Regulations                                                   11415

                                                information, you can contact the                        DEPARTMENT OF TRANSPORTATION                          passenger flights of air carriers, and on
                                                Airspace Policy Group, Federal Aviation                                                                       all scheduled passenger flight segments
                                                Administration, 800 Independence                        Office of the Secretary                               of foreign air carriers between points in
                                                Avenue SW., Washington, DC 20591;                                                                             the United States and between the
                                                telephone: (202) 267–8783. The Order is                 14 CFR Part 252                                       United States and foreign points. Under
                                                also available for inspection at the                    [Docket No. DOT–OST–2011–0044]                        part 252, foreign governments may
                                                National Archives and Records                                                                                 request and obtain a waiver from DOT
                                                                                                        RIN 2105–AE06                                         provided that an alternative smoking
                                                Administration (NARA). For
                                                information on the availability of FAA                                                                        prohibition resulting from bilateral
                                                                                                        Use of Electronic Cigarettes on Aircraft              negotiations is in effect. Further, part
                                                Order 7400.9Z at NARA, call (202) 741–
                                                                                                        AGENCY:  Office of the Secretary (OST),               252 was amended to permit carriers
                                                6030, or go to http://www.archives.gov/
                                                                                                        Department of Transportation (DOT).                   operating single-entity charters to allow
                                                federal_register/code_of_federal-                                                                             smoking throughout the aircraft, but
                                                regulations/ibr_locations.html.                         ACTION: Final rule.
                                                                                                                                                              also required a no-smoking section for
                                                FOR FURTHER INFORMATION CONTACT:                        SUMMARY:    The Department of                         each class of service (e.g., first class) on
                                                Jason Stahl, Airspace Policy Group,                     Transportation is issuing a final rule to             other charter flights where smoking is
                                                Office of Airspace Services, Federal                    extend the smoking ban in DOT’s                       not banned.
                                                Aviation Administration, 800                            regulation to include all charter (i.e.,                 Throughout this preamble, we use the
                                                Independence Avenue SW.,                                nonscheduled) flights where a flight                  terms ‘‘air carrier’’ and ‘‘foreign air
                                                                                                        attendant is a required crewmember.                   carrier’’ as defined in 49 U.S.C. 40102,
                                                Washington, DC 20591; telephone: (202)
                                                                                                        The revised regulation would comport                  in which an ‘‘air carrier’’ is a citizen of
                                                267–8783.
                                                                                                        with 49 U.S.C. 41706, which was                       the United States undertaking to
                                                SUPPLEMENTARY INFORMATION:                              revised in 2012, to ban smoking on                    provide air transportation, and a
                                                                                                        charter flights where a flight attendant              ‘‘foreign air carrier’’ is a person, not a
                                                Background                                                                                                    citizen of the United States, undertaking
                                                                                                        is a required crewmember. This final
                                                  A final rule was published in the                     rule also explicitly bans the use of                  to provide foreign air transportation.
                                                Federal Register on January 14, 2016                    electronic cigarettes (‘‘e-cigarettes’’) on           The Notice of Proposed Rulemaking
                                                (81 FR 1877), FR Doc. 2015–33095, that                  all flights where smoking is banned. The
                                                                                                        Department interprets the existing                    Electronic Cigarettes and Other Nicotine
                                                reversed the order of points listed in the                                                                    Delivery Systems
                                                legal description of RNAV Route Q–35                    regulation to prohibit e-cigarette use,
                                                as published in FAA Order 7400.9,                       but is codifying this interpretation.                    On September 15, 2011, the
                                                Airspace Designations and Reporting                     DATES: The rule is effective April 4,                 Department published a notice of
                                                Points. Subsequent to publication, the                  2016.                                                 proposed rulemaking (NPRM) in which
                                                                                                        FOR FURTHER INFORMATION CONTACT:                      it proposed to amend its existing
                                                FAA found that the FAA docket number
                                                                                                        Robert M. Gorman, Senior Trial                        smoking rule (part 252) to explicitly ban
                                                for this document was inadvertently
                                                                                                        Attorney, or Blane A. Workie, Assistant               the use of e-cigarettes on all flights
                                                mistyped. This action corrects the FAA                                                                        covered by that rule (i.e., all flights of
                                                docket number.                                          General Counsel, Office of the Assistant
                                                                                                        General Counsel for Aviation                          U.S. air carriers in scheduled passenger
                                                Correction to Final Rule                                Enforcement and Proceedings, U.S.                     interstate, intrastate and foreign air
                                                                                                        Department of Transportation, 1200                    transportation and all scheduled flight
                                                  Accordingly, pursuant to the                                                                                segments of foreign air carriers in, to, or
                                                                                                        New Jersey Ave. SE., Washington, DC
                                                authority delegated to me, in the                       20590, 202–366–9342, 202–366–7152                     from the United States).1 E-cigarettes
                                                Federal Register of January 14, 2016 (81                (fax), robert.gorman@dot.gov or                       typically contain a cartridge or chamber,
                                                FR 1877), the docket number, as                         blane.workie@dot.gov (email).                         which contain an atomizer or heating
                                                published in the Federal Register on                                                                          element, a battery and a liquid solution.
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                January 14, 2016 (81 FR 1877), FR Doc.                                                                        Most often e-cigarettes contain liquid
                                                2015–33095, amending the legal                          Background                                            nicotine but they may contain other
                                                description of RNAV Route Q–35, is                         The Wendell H. Ford Aviation                       chemicals. When a user inhales, the
                                                corrected as follows:                                   Investment and Reform Act for the 21st                heating element aerosolizes the liquid
                                                                                                        Century (Pub. L. 106–181) was signed                  solution. This produces an aerosol,2
                                                § 71.1   [Amended]                                                                                            which requires an inhalation and
                                                                                                        into law on April 5, 2000. Section 708
                                                                                                                                                              exhalation similar to smoking cigarettes.
                                                ■ On page 1877, column 1, line 4,                       of this statute, ‘‘Prohibitions Against
                                                                                                                                                              In addition to nicotine, e-cigarette
                                                Remove ‘‘Docket No. FAA–2013–6001’’                     Smoking on Scheduled Flights’’
                                                                                                                                                              aerosol can contain heavy metals,
                                                and add in its place ‘‘Docket No. FAA–                  (codified as 49 U.S.C. 41706), banned
                                                                                                                                                              ultrafine particulates that can be inhaled
                                                2015–6001.                                              passengers from smoking on all flights
                                                                                                                                                              deep into the lungs, and cancer-causing
                                                                                                        in scheduled passenger interstate and
                                                  Issued in Washington, DC, on February 25,                                                                   agents like acrolein. Secondhand
                                                                                                        intrastate air transportation, and
                                                2016.                                                   directed the Secretary of Transportation                 1 Smoking of Electronic Cigarettes on Aircraft,
                                                Kenneth Ready,                                          to prohibit smoking in foreign air                    Department of Transportation, Office of the
                                                Acting Manager, Airspace Policy Group.                  transportation (with an exception                     Secretary, 14 CFR part 252, [Docket No. DOT–OST–
                                                                                                        process for foreign carriers). Shortly                2011–0044], RIN 2105–AE06, 76 FR 57008 (Sept.
                                                [FR Doc. 2016–04739 Filed 3–3–16; 8:45 am]
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                                                                                                                                                              15. 2011).
                                                BILLING CODE 4910–13–P
                                                                                                        thereafter, the Department of                            2 Our NPRM and many commenters referred to
                                                                                                        Transportation (‘‘DOT,’’ or ‘‘the                     the exhaled product of e-cigarettes as a ‘‘vapor.’’ It
                                                                                                        Department’’) amended its rule on                     is more accurate to refer to the product as an
                                                                                                        smoking aboard aircraft, 14 CFR part                  aerosol. See Grana et al., E-Cigarettes: A Scientific
                                                                                                                                                              Review, http://www.ncbi.nlm.nih.gov/pmc/articles/
                                                                                                        252, to implement section 41706. Under                PMC4018182/. Products that create both vapors and
                                                                                                        part 252, the smoking of tobacco                      aerosols are included in the Department’s definition
                                                                                                        products is banned on all scheduled                   of ‘‘smoking.’’



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Document Created: 2018-02-02 15:05:37
Document Modified: 2018-02-02 15:05:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; correction.
DatesEffective date 0901 UTC, March 31, 2016. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.
ContactJason Stahl, Airspace Policy Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267- 8783.
FR Citation81 FR 11414 
RIN Number2120-AA66

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