[Federal Register Volume 88, Number 212 (Friday, November 3, 2023)]
[Rules and Regulations]
[Pages 75481-75483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23812]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2023-0866; Airspace Docket No. 22-AAL-51]
RIN 2120-AA66
Amendment to United States Area Navigation Route Q-46; Point
Hope, AK
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action amends United States Area Navigation (RNAV) Route
Q-46 in the vicinity of Point Hope, AK. The FAA is taking this action
due to the pending decommissioning of the Point Hope, AK (PHO), Non-
Directional Beacon (NDB) navigational aid (NAVAID).
DATES: Effective date 0901 UTC, January 25, 2024. 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 7400.11H, 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
[[Page 75482]]
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 2023-0866 in the Federal Register (88 FR 21139; April 10, 2023),
proposing to amend RNAV route Q-46. 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
The NPRM published in the Federal Register (88 FR 21139, April 10,
2023) contained a typographical error in the proposed legal
description. In the proposed legal description, the longitudinal
geographical coordinate listed for Barrow, AK, Very High Frequency
Omnidirectional Range/Distance Measuring Equipment (VOR/DME) was
incorrect. The NPRM listed the longitudinal coordinate for Barrow, AK,
VOR/DME as 156[deg]47'18.90'' W. The final rule corrects this error by
listing the longitudinal coordinate for Barrow, AK, VOR/DME as
156[deg]47'17.22'' W.
Incorporation by Reference
United States Area Navigation Routes are published in paragraph
2006 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 7400.11H, dated August 11, 2023, and effective September 15,
2023. FAA Order JO 7400.11H 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 7400.11H 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 RNAV route Q-46 in
the vicinity of Point Hope, AK due to the pending decommissioning of
the Point Hope NDB. The RNAV route amendment action is described below.
Q-46: As amended, Q-46 extends between the VANTY, AK, waypoint (WP)
and the Barrow, AK, 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
This action of amending RNAV Route Q-46 in the vicinity of Point
Hope, AK due to the pending decommissioning of the Point Hope NDB
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
7400.11H, Airspace Designations and Reporting Points, dated August 11,
2023, and effective September 15, 2023, is amended as follows:
* * * * *
Paragraph 2006 United States Area Navigation Routes.
[[Page 75483]]
Q-46 VANTY, AK to Barrow, AK (BRW) [Amended]
VANTY, AK WP (lat. 68[deg]20'40.64'' N, long. 166[deg]48'09.96'' W)
Barrow, AK (BRW) VOR/DME (lat. 71[deg]16'24.34'' N, long. 156[deg]47'17.22'' W)
* * * * *
Issued in Washington, DC, on October 24, 2023.
Karen Chiodini,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2023-23812 Filed 11-2-23; 8:45 am]
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