[Federal Register Volume 88, Number 140 (Monday, July 24, 2023)]
[Rules and Regulations]
[Pages 47358-47359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15586]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2022-0440; Airspace Docket No. 19-AAL-45]
RIN 2120-AA66
Establishment of United States Area Navigation (RNAV) Route T-376
in the Vicinity of Iliamna, AK
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action establishes United States Area Navigation (RNAV)
route T-376, in the vicinity of Iliamna, AK. This action is in support
of a large and comprehensive RNAV T-route modernization project for the
state of Alaska.
DATES: Effective date 0901 UTC, October 5, 2023. 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 JO 7400.11
and publication of conforming amendments.
ADDRESSES: A copy of the Notice of Proposed Rulemaking (NPRM), all
comments received, this final rule, and all background material may be
viewed online at www.regulations.gov using the FAA Docket number.
Electronic retrieval help and guidelines are available on the website.
It is available 24 hours each day, 365 days each year.
FAA Order JO 7400.11G, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.
FOR FURTHER INFORMATION CONTACT: Steven Roff, Rules and Regulations
Group, Office of Policy, 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 would modify the route structure as necessary to
preserve the safe and efficient flow of air traffic within the National
Airspace System (NAS).
History
The FAA published a notice of proposed rulemaking for Docket No.
FAA 2022-0440 in the Federal Register 87 FR 24479; April, 26 2022,
proposing the establishment of RNAV route T-376. Interested parties
were invited to participate in this rulemaking effort by submitting
written comments on the proposal. No comments were received.
Differences From the NPRM
The NPRM published in the Federal Register 87 FR 24479 on April 26,
2022, contained a typographical error in the proposed legal
description. In the proposed legal description, the fix FAGIN was
incorrectly listed as a waypoint. The final rule accurately shows FAGIN
as a fix.
Incorporation by Reference
United States Area Navigation Routes are published in paragraph
6011 of FAA Order JO 7400.11, Airspace Designations and Reporting
Points, which is incorporated by reference in 14 CFR 71.1 on an annual
basis. This document amends the current version of that order, FAA
Order JO 7400.11G, dated August 19, 2022 and effective September 15,
2022. FAA Order JO 7400.11G is publicly available as listed in the
ADDRESSES section of this document. These amendments will be published
in the next update to FAA Order JO 7400.11.
FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.
The Rule
This action amends 14 CFR part 71 by establishing RNAV route T-376
in the vicinity of Iliamna, AK, in support of a large and comprehensive
T-Route modernization project in the state of Alaska. The new RNAV T-
route is described below.
T-376: T-376 extends between the FAGIN, AK, fix and the Homer, AK,
VHF Omnidirectional Radar/Distance Measuring Equipment (VOR/DME).
Regulatory Notices and Analyses
The FAA has determined that this 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
only affects air traffic procedures and air navigation, it is certified
that this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.
Environmental Review
The FAA has determined that this action of establishing RNAV route
T-
[[Page 47359]]
376, in the vicinity of Iliamma, AK qualifies for categorical exclusion
under the National Environmental Policy Act (42 U.S.C. 4321 et seq.)
and its implementing regulations at 40 CFR part 1500, and in accordance
with FAA Order 1050.1F, Environmental Impacts: Policies and Procedures,
paragraph 5-6.5a, which categorically excludes from further
environmental impact review rulemaking actions that designate or modify
classes of airspace areas, airways, routes, and reporting points (see
14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and Reporting Points); and paragraph 5-
6.5.i., which categorically excludes from further environmental impact
review the establishment of new or revised air traffic control
procedures conducted at 3,000 feet or more above ground level (AGL);
procedures conducted below 3,000 feet AGL that do not cause traffic to
be routinely routed over noise sensitive areas; modifications to
currently approved procedures conducted below 3,000 feet AGL that do
not significantly increase noise over noise sensitive areas; and
increases in minimum altitudes and landing minima. As such, this action
is not expected to result in any potentially significant environmental
impacts. In accordance with FAA Order 1050.1F, paragraph 5-2 regarding
Extraordinary Circumstances, the FAA has reviewed this action for
factors and circumstances in which a normally categorically excluded
action may have a significant environmental impact requiring further
analysis. Accordingly, the FAA has determined that no extraordinary
circumstances exist that warrant preparation of an environmental
assessment or environmental impact study.
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 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 14 CFR 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 JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:
Paragraph 6011 United States Area Navigation Routes.
* * * * *
T-376 FAGIN, AK to Homer, AK (HOM) [New]
FAGIN, AK FIX (Lat. 59[deg]51'56.15'' N, long. 155[deg]32'43.30'' W)
VAYUT, AK WP (Lat. 59[deg]43'08.58'' N, long. 154[deg]55'24.16'' W)
WOLCI, AK WP (Lat. 59[deg]38'36.38'' N, long. 154[deg]37'31.77'' W)
JETIG, AK WP (Lat. 59[deg]30'38.31'' N, long. 154[deg]28'33.12'' W)
WUKSU, AK WP (Lat. 59[deg]29'31.36'' N, long. 153[deg]54'56.76'' W)
Homer, AK (HOM) VOR/DME (Lat. 59[deg]42'33.95'' N, long. 151[deg]27'23.76'' W)
* * * * *
Issued in Washington, DC, on July 18, 2023.
Karen L. Chiodini,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-15586 Filed 7-21-23; 8:45 am]
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