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able to adopt a new Special Civil Air Reg ulation which will provide for the desig nation of the positive control route seg ments in the same dimensions as those currently designated. Accordingly, a proposed modification to the rule was circulated as Special Civil Air Regulation No. SR-424B in Draft Release No. 59-9.
In commenting on this draft release, the Department of the Air Force supported the concept of positive air traffic control and its inherent safety objectives and emphasized that such a system must ac commodate the requirements of all air space users. Implementation of positive control within the capabilities of the present air traffic control system necessi tates certain procedures and restrictions on air traffic which, the Air Force con tends, unduly hamper essential military air traffic. IPor this reason, the Air Force objects to the proposed rule making and presents a counterproposal to eliminate positive control airways in all areas cov ered by radar. Radar separation prac tices would be substituted for the procedural and restrictive practices pres ently applied on the positive control air ways in areas of radar coverage. While the concern indicated in the Air Force objection is understood and appreciated, the extent of over-all safety which is obtained for airspace users by the con tinuation of the positive control route program is considered to justify the de gree of burden it imposes.
It should be noted that the lateral di mensions of positive control route seg ments are prescribed herein as being the same as those of tfie airway upon which the route is designated. The use of the airway boundaries instead of a distance specified in miles is believed advisable in order to accommodate any future changes which may occur in the lateral dimensions of the federal airways.
As pointed out in Draft Release No.
59 - 9 , the future plans for further de velopment and expansion of the positive control concept contemplate experimen tation and service testing with positive control areas as well as positive control route segments. The Air Force propo sal for radar separation will be consid ered in any such development or expan sion. These plans will be the subject of future rule-making procedures in or der to provide interested parties with full opportunity to participate.
In consideration of the foregoing, the following Special Civil Air Regulation is hereby promulgated to become effective September 15, 1959:
1. The special air traffic rules prescribed in paragraphs 2 , 3 and 4 o f this spe cial regulation shall be applicable to any operation of an aircraft in that portion of a federal airway between the altitudes of 17,000 and 22,000 feet jvhich has been desig nated by the Administrator as a positive control route segment in Part 601 of the Administrators regulations 14 2. No person shall operate an aircraft within such designated airspace without prior approval of air traffic control.
3. A ll VFR flight activities, including VFR
on top, irrespective o f weather conditions,
RULES AND REGULATIONS
are prohibited from operating in this desig-- ministrator which relates to the desig nated airspace.
nated reporting points for this airway.
4.
A ll aircraft operated within this desig Written comment concerning the pro nated airspace shall have the instruments posed amendments was generally favqrand equipment currently required for IP R
operations and all pilots shall be rated for able, except for one, which objected in principle to the revocation of only a instrument flight.
This Special Civil Air Regulation shall re segment of an airway. The Federal Avi main in effect until superseded or rescinded ation Agency agrees that it would be by the Administrator.
preferable to revoke an entire airway in Secs. 313a, 307c; 72 Stat. 752, 749; 49
U.S.C. 1354, 1343.

Issued in Washington, D.C., on August 28, 1959.
E. R. Q uesada ,
Administratfr.
A u g u st 28, 1959.
F.R. Doc. 59-7326; Piled, Sept. 2, 1959;
8:46 a.m.

Chapter III Federal Aviation Agency SUBCHAPTER E AIR NAVIGATION
REGULATIONS

Airspace Docket No. 59-NY-3g Arndt. 23

PART 600 DESIGNATION OF
FEDERAL AIRWAYS
Arndt. 24

PART 601 DESIGNATION OF THE
CONTINENTAL CONTROL AREA, CONTROL A R E A S , CONTROL
ZONES, REPORTING POINTS, AND
POSITIVE CONTROL ROUTE SEG
MENTS
Revocation of Segment of Federal Air way, Associated Control Areas, and Redesignation of Reporting Points On June 18, 1959, a notice of proposed rule-making was published in the F ed
e ral R egister 24 F.R. 4967 stating that the Federal Aviation Agency was considering an amendment to Parts 600
and 601 of the regulations of the A d ministrator which would revoke the seg ment of Red Federal airway No. 33, and its associated control areas, from Chico pee, Westover AFB, Mass., to Boston, Mass.
Red Federal airway No. 33 presently extends from Norfolk, Va., to Boston, Mass. An IFR Airway Traffic PeakDay Survey for each half of the calendar year 1958 showed less than ten aircraft movements on this airway segment un der consideration. On the basis of this survey, it appeared that retention of this airway segment, and its associated con trol areas, was unjustified as an assign ment of airspace and that revocation thereof would be in the public interest.
Such revocation would result in Red Federal airway No. 33, and its associated control areas, extending from Norfolk, Va., to Richmond, Va., and Poughkeep sie, N.Y., to Chicopee Falls, Mass. A l though not mentioned in the Notice, revocation of this segment of the air way would involve the redesignation of 601.4233 of the regulations of the Ad
one action, but only when it is justified because of the lack of sufficient air traffic or other considerations. However, as a general matter, the Agency feels that the public interest will best be served by re leasing controlled airspace whenever the facts warrant.
Interested persons have been afforded an opportunity to participate in the making of the rules herein adopted, and due consideration has been given to all relevant matter presented.
In consideration of the foregoing, and pursuant to the authority delegated to me by the Administrator 24 F.R. 4530
600.233 14 CFR 1958 SUPP., 600.233
601.233, 601.4233 14 CFR 1958 SUPP., 601.233, 601.4233 are amended as follows:
600.233

Am endm ent
1. Section 600.233 Red Federal airway No. 33 Norfolk, Va., to Boston, Mass., is amended as follows:
a In the caption delete Norfolk, Va., to Boston, Mass. " and substitute therefor Norfolk, Va., to Richmond,
Va., and Poughkeepsie, N.Y., to Chicopee Falls, Mass. ".
b In the text delete via the Chico pee, Westover AFB, Mass., radio range station to the intersection of the north east course of the Chicopee, Westover AFB, Mass., radio range and the west course of the Boston, Mass., radio range, and substitute therefor to the Chicopee Falls, Mass., RR.
601.233

Am endm ent
2. Section 601.233 Red Federal airway
No. 33 control areas Norfolk, Va., to Boston, Mass., is amended as follows:
In the caption delete Norfolk, Va., to Boston, Mass. and substitute therefor Norfolk, Va., to Richmond, Va., and Poughkeepsie, N.Y., to Chicopee Falls, Mass
601.4233

Amendment
3. Section 601.4233 Red Federal airway
No. 33 Norfolk, Va., to Boston, Mass., is amended as follows:
In the caption delete Norfolk, Va., to Boston, Mass Substitute therefor
Norfolk, Va., to Richmond, Va., and Poughkeepsie, N.Y., to Chicopee Falls, Mass
These amendments shall become effec tive 0001 e.s.t. October 22,1959.
Secs. 307a, 313a, 72- Stat. 749, 752;
49 U.S.C. 1348. 1354

Issued in Washington, D.C., on August 27,1959.
t>. D. T h o m as , . Director, Bureau of
Air Traffic Management.
P.R. Doc. 59-7327; Piled, Sept. 2, 1959;
8:46 a.m.