[Federal Register Volume 88, Number 142 (Wednesday, July 26, 2023)]
[Rules and Regulations]
[Pages 48070-48072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15743]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2023-1020; Airspace Docket No. 21-AEA-31]
RIN 2120-AA66
Establishment of Area Navigation (RNAV) Routes; Eastern United
States
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action amends one and establishes three low altitude
United States Area Navigation (RNAV) routes. The purpose of the new
RNAV routes is to expand the availability of the enroute structure and
provide additional RNAV routing within the National Airspace System
(NAS) in support of transitioning it from ground-based to satellite-
based navigation.
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: Brian Vidis, 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 expand the availability of RNAV in the eastern
United States and improve the efficient flow of air traffic within the
NAS by lessening the dependency on ground-based navigation.
History
The FAA published a notice of proposed rulemaking for Docket No.
FAA-2023-1020 in the Federal Register (88 FR 29559; May 8, 2023),
proposing to amend one and establish three low-altitude RNAV routes in
support of transitioning the NAS from a ground-based to a satellite-
based navigation. Interested parties were invited to participate in
this rulemaking effort by submitting written comments on the proposal
to the FAA. No comments were received.
Differences From the NPRM
In the NPRM's description of RNAV route T-452, the FAA incorrectly
listed the VINSE, PA; BADDI, PA; JOANE, PA; and GEERI, PA route points
as waypoints (WP). The route points are actually identified as Fixes in
the National Airspace System Resource (NASR) database and charted as
Fixes accordingly. This action corrects the error and changes the route
points to be listed as Fixes.
Additionally, in the NPRM's description of RNAV route T-456, the
FAA incorrectly listed the DELRO, PA, route point as a WP instead of
Fix. This action also corrects the DELRO, PA, route point to be listed
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 amending one and establishing
three low altitude RNAV T-routes in the northeast United States in
support of transitioning from ground-based navigation aids to
satellite-based navigation. The routes are described below.
T-299: Prior to this final rule, T-299 extended from the UCREK, VA,
WP to the SCAPE, PA, WP. This action extends T-299 to the southwest
from the Montebello, VA (MOL), Very High Frequency (VHF)
Omnidirectional Range/Distance Measuring Equipment (VOR/DME) 279[deg]
radial at 5.5 nautical miles (OBEPE, VA, Fix) to the UCREK, VA, WP, and
to the northeast to the intersection of the Harrisburg, PA (HAR), VOR/
Tactical Air Navigation (VORTAC) 235[deg] radial and the Westminster,
MD (EMI), VORTAC 324[deg] radial (SCAPE, PA, Fix) to the Albany, NY
(ALB), VORTAC. The route overlays VOR Federal airway V-377 from the
SCAPE, PA, Fix to the Harrisburg, PA (HAR), VORTAC; VOR Federal airway
V-162 from the Harrisburg, PA (HAR), VORTAC to the Huguenot, NY (HUO),
VOR/DME; and VOR Federal airway V-489 from the Huguenot, NY (HOU), VOR/
DME to the Albany, NY (ALB), VORTAC.
T-452: T-452 is a new route that extends from the VINSE, PA, Fix to
the REESY, PA, WP. The route is replacing VOR Federal airway V-469 from
the St. Thomas, VA (THS), VORTAC to the
[[Page 48071]]
JOANE, PA, Fix. The VINSE, PA, WP is being used to replace the St.
Thomas, VA (THS), VORTAC.
T-456: T-456 is a new route that extends from the VINSE, PA, Fix to
the Modena, PA (MXE), VORTAC. The route overlays VOR Federal airway V-
474 from the AMISH, PA, Fix to the Modena, PA (MXE), VORTAC.
T-477: T-477 is a new route that extends from the CPTAL, MD, WP to
the Philipsburg, PA (PSB), VORTAC. The route overlays VOR Federal
Airway V-501 from the Hagerstown, MD (HGR), VOR to the Philipsburg, PA
(PSB), VORTAC.
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 routes
T-452, T-456, and T-477, and the amendment of T-299 in the eastern
United States to provide additional RNAV routing within the NAS in
support of transitioning it from ground-based to satellite-based
navigation, 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
5-6.5.a, 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 5-6.5b, which
categorically excludes from further environmental impact review
``Actions regarding establishment of jet routes and Federal airways
(see 14 CFR 71.15, Designation of jet routes and VOR Federal airways).
. .''. As such, this airspace action is not expected to cause 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. 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-299 OBEPE, VA to Albany, NY (ALB) [Amended]
OBEPE, VA FIX (Lat. 37[deg]54'23.03'' N, long. 079[deg]13'21.04'' W)
UCREK, VA WP (Lat. 38[deg]01'33.17'' N, long. 079[deg]02'56.23'' W)
KAIJE, VA WP (Lat. 38[deg]44'34.79'' N, long. 078[deg]42'48.47'' W)
BAMMY, WV WP (Lat. 39[deg]24'33.13'' N, long. 078[deg]25'45.64'' W)
REEES, PA WP (Lat. 39[deg]47'51.75'' N, long. 077[deg]45'56.31'' W)
SCAPE, PA FIX (Lat. 39[deg]56'41.76'' N, long. 077[deg]32'12.33'' W)
Harrisburg, PA (HAR) VORTAC (Lat. 40[deg]18'08.06'' N, long. 077[deg]04'10.41'' W)
BOBSS, PA FIX (Lat. 40[deg]17'41.78'' N, long. 076[deg]45'00.73'' W)
East Texas, PA (ETX) VOR/DME (Lat. 40[deg]34'51.74'' N, long. 075[deg]41'02.51'' W)
Allentown, PA (FJC) VORTAC (Lat. 40[deg]43'36.07'' N, long. 075[deg]27'17.08'' W)
Huguenot, NY (HUO) VOR/DME (Lat. 41[deg]24'34.87'' N, long. 074[deg]35'29.74'' W)
WEARD, NY FIX (Lat. 41[deg]45'43.63'' N, long. 074[deg]31'30.07'' W)
Albany, NY (ALB) VORTAC (Lat. 42[deg]44'50.21'' N, long. 073[deg]48'11.46'' W)
* * * * *
T-452 VINSE, PA to REESY, PA [New]
VINSE, PA FIX (Lat. 39[deg]58'16.21'' N, long. 077[deg]57'21.20'' W)
BADDI, PA FIX (Lat. 40[deg]09'26.26'' N, long. 077[deg]25'07.81'' W)
Harrisburg, PA (HAR) VORTAC (Lat. 40[deg]18'08.06'' N, long. 077[deg]04'10.41'' W)
JOANE, PA FIX (Lat. 40[deg]02'38.48'' N, long. 076[deg]27'21.40'' W)
GEERI, PA FIX (Lat. 39[deg]56'59.70'' N, long. 076[deg]17'38.99'' W)
REESY, PA WP (Lat. 39[deg]45'27.94'' N, long. 075[deg]52'07.09'' W)
* * * * *
T-456 VINSE, PA to Modena, PA (MXE) [New]
VINSE, PA FIX (Lat. 39[deg]58'16.21'' N, long. 077[deg]57'21.20'' W)
AMISH, PA FIX (Lat. 39[deg]56'33.12'' N, long. 077[deg]37'34.13'' W)
DELRO, PA FIX (Lat. 39[deg]57'55.71'' N, long. 076[deg]37'31.24'' W)
[[Page 48072]]
Modena, PA (MXE) VORTAC (Lat. 39[deg]55'04.98'' N, long. 075[deg]40'14.96'' W)
* * * * *
T-477 CPTAL, MD to Philipsburg, PA (PSB) [New]
CPTAL, MD WP (Lat. 39[deg]32'16.02'' N, long. 077[deg]41'55.65'' W)
Hagerstown, MD (HGR) VOR (Lat. 39[deg]41'51.82'' N, long. 077[deg]51'20.59'' W)
VINSE, PA FIX (Lat. 39[deg]58'16.21'' N, long. 077[deg]57'21.20'' W)
Philipsburg, PA (PSB) VORTAC (Lat. 40[deg]54'58.53'' N, long. 077[deg]59'33.78'' W)
* * * * *
Issued in Washington, DC, on July 20, 2023.
Karen L. Chiodini,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2023-15743 Filed 7-25-23; 8:45 am]
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