[Federal Register Volume 89, Number 39 (Tuesday, February 27, 2024)]
[Rules and Regulations]
[Pages 14379-14382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03879]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2019-0900; Airspace Docket No. 19-AWP-80]
RIN 2120-AA66
Establishment of Multiple Air Traffic Service (ATS) Routes;
Hawaiian Islands
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action establishes United States Area Navigation (RNAV)
Routes T-340, T-342, T-344, and T-346 in the Hawaiian Islands. These
RNAV routes facilitate the movement of aircraft among the Hawaiian
Islands and increase operational efficiencies to RNAV Standard
Instrument Departures (SID) and RNAV Standard Terminal Arrival Routes
(STAR), which enhances the air traffic capacity of the Hawaiian
airports.
DATES: Effective date 0901 UTC, May 16, 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
[[Page 14380]]
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 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 expands the availability of RNAV in Hawaii and promotes
operational efficiencies to RNAV SID and RNAV STAR which enhances the
air traffic capacity of the Hawaiian airports.
History
The FAA published an NPRM for Docket No. FAA-2019-0900 in the
Federal Register (84 FR 67884; December 12, 2019), proposing to
establish RNAV routes T-340, T-342, T-344, and T-346 in the Hawaiian
Islands. Interested parties were invited to participate in this
rulemaking effort by submitting comments on the proposal. No comments
were received.
Differences From the NPRM
The NPRM published in the Federal Register (84 FR 67884; December
12, 2019), included the new waypoint (WP) MALOA, HI, WP in the route
description for RNAV route T-340. This WP will not be used as a route
point for T-340. The NPRM also included HLENA, HI, WP in the route
description of T-340. This action changes the name of the HLENA, HI, WP
to HLONO, HI, WP. The location of the HLONO, HI, WP will remain as
published for HLENA, HI, WP, in the NPRM. Finally, the route points
KOLEA, HI, WP and PAIKO, HI, WP listed in the NPRM for T-346 have been
renamed. The new name of the KOLEA, HI, WP is KIKKI, HI, WP. The
location of the KIKKI, HI, WP will remain as published for KOLEA, HI,
WP, in the NPRM. The new name of the PAIKO, HI, WP, is PLACK, HI, WP.
The location of the PLACK, HI, WP will remain as published for PAIKO,
HI, WP, in the NPRM. Lastly, the route point NORWA, HI, WP is being
removed from the route description of T-346. This route point
represents a less than one degree turn and therefore is not required to
be included in the route description. The updated route point names and
route descriptions are incorporated in this action.
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 7400.11H, 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.
International Civil Aviation Organization (ICAO) Considerations
As part of this action relates to the navigable airspace outside
the United States 12 nautical mile territorial limit, this rule is
submitted consistent with the ICAO Standards and Recommended Practices
(SARPs).
Applicability of the SARPs by the FAA, in areas outside domestic
airspace of the United Sates is governed by Annex 11 to the Convention
on International Civil Aviation. Annex 11's purpose, together with
Annex 2, is to ensure that international civil aviation is carried out
under uniform conditions designed to improve the safety and efficiency
of air operations.
The SARPs in Annex 11 apply in those parts of the airspace under
the jurisdiction of a Contracting State wherein air traffic services
are provided and wherever a Contracting State accepts the
responsibility of providing air traffic services over the high seas or
in airspace of undetermined sovereignty. A Contracting State accepting
such responsibility may apply the SARPs to civil aircraft in a manner
consistent with that adopted for airspace under its domestic
jurisdiction.
Executive Order 10854 requires coordination with the Secretary of
State and Secretary of Defense in the event an airspace action will
wholly, or in part, affect an area outside of the United States or the
overlying airspace thereof, over or in which the Federal Government of
the United States, under international treaty, agreement, or other
lawful arrangement, has appropriate jurisdiction or control.
Due to this action involving, in part, the designation of navigable
airspace outside of the United States, the Administrator has consulted
with the Secretary of State and the Secretary of Defense in accordance
with the provisions of Executive Order 10854.
The Rule
This action amends 14 CFR part 71 by establishing RNAV Routes T-
340, T-342, T-344, and T-346 in the Hawaiian Islands to facilitate the
movement of aircraft among the Hawaiian Islands and increase
operational efficiencies to current and proposed RNAV SIDs and STARs.
The new RNAV routes are described below.
T-340: T-340 is a new route that extends between the NORBY, HI, Fix
and the Hilo, HI (ITO), Very High Frequency Omnidirectional Range/
Tactical Air Navigation (VORTAC). RNAV Route T-340 provides a route to
the north of the island of Maui, avoiding turbulence from strong trade
winds. Additionally, T-340 provides an alternative weather avoidance
route between Oahu and the Big Island.
T-342: T-342 is a new route that extends between the KUHIO, HI, WP
and the Kona HI (KOA), VORTAC. RNAV Route T-342 provides a route to the
north of the island of Molokai and then turns south to the Kona VORTAC.
Additionally, T-342 provides for weather avoidance.
T-344: T-344 is a new route that extends between the NAPUA, HI, Fix
and the Kona, HI (KOA), VORTAC. RNAV Route T-344 provides a route along
the south side of the Hawaiian Island chain. Additionally, T-344
provides a more direct routing from the island of Kauai to the Big
Island.
T-346: T-346 is a new route that extends between the Lihua, HI
(LIH), VORTAC and the PLACK, HI, WP. RNAV Route T-346 provides a route
from the island of Kauai to the Big Island and connects to RNAV Route
T-340. Additionally, T-346 supports single engine aircraft that need to
stay within gliding distance to the shoreline.
[[Page 14381]]
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 airspace action of establishing
RNAV Routes T-340, T-342, T-344, and T-346 in the Hawaiian Islands,
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 5-6.5i, which categorically
excludes from further environmental 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.
List 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 6011 United States Area Navigation Routes.
* * * * *
T-340 NORBY, HI to Hilo, HI (ITO) [New]
NORBY, HI FIX (Lat. 21[deg]09'18.74'' N, long. 157[deg]31'21.71'' W)
HLONO, HI WP (Lat. 21[deg]02'18.48'' N, long. 157[deg]14'53.85'' W)
AARES, HI WP (Lat. 20[deg]59'55.00'' N, long. 157[deg]05'42.00'' W)
CHAIN, HI FIX (Lat. 20[deg]58'22.78'' N, long. 156[deg]55'32.74'' W)
WYLUA, HI WP (Lat. 21[deg]05'42.50'' N, long. 156[deg]31'38.18'' W)
BARBY, HI FIX (Lat. 20[deg]51'39.55'' N, long. 155[deg]58'47.44'' W)
LONOH, HI WP (Lat. 20[deg]21'58.13'' N, long. 155[deg]41'40.54'' W)
WAPIO, HI FIX (Lat. 20[deg]11'16.63'' N, long. 155[deg]35'33.58'' W)
VELLA, HI FIX (Lat. 20[deg]07'14.35'' N, long. 155[deg]20'53.98'' W)
ARBOR, HI FIX (Lat. 19[deg]58'51.61'' N, long. 155[deg]07'59.70'' W)
Hilo, HI (ITO) VORTAC (Lat. 19[deg]43'16.86'' N, long. 155[deg]00'39.44'' W)
* * * * *
T-342 KUHIO, HI to KONA, HI [New]
KUHIO, HI WP (Lat. 21[deg]15'18.66'' N, long. 157[deg]49'54.01'' W)
Koko Head, HI (CKH) VORTAC (Lat. 21[deg]15'54.40'' N, long. 157[deg]42'10.73'' W)
ALAEY, HI WP (Lat. 21[deg]15'17.58'' N, long. 157[deg]27'49.56'' W)
PLUMB, HI FIX (Lat. 21[deg]12'42.30'' N, long. 156[deg]36'05.35'' W)
WYLUA, HI WP (Lat. 21[deg]05'42.50'' N, long. 156[deg]31'38.18'' W)
Maui, HI (OGG) VORTAC (Lat. 20[deg]54'23.30'' N, long. 156[deg]25'15.42'' W)
MAKEN, HI FIX (Lat. 20[deg]34'44.22'' N, long. 156[deg]25'10.66'' W)
TAMMI, HI FIX (Lat. 20[deg]05'33.56'' N, long. 156[deg]02'00.51'' W)
Kona, HI (KOA) VORTAC (Lat. 19[deg]43'02.06'' N, long. 156[deg]02'41.71'' W)
* * * * *
T-344 NAPUA, HI to Kona (KOA), HI [New]
NAPUA, HI FIX (Lat. 21[deg]44'10.93'' N, long. 159[deg]14'38.56'' W)
KEOLA, HI FIX (Lat. 21[deg]17'53.24'' N, long. 158[deg]29'25.89'' W)
GECKO, HI FIX (Lat. 21[deg]11'32.10'' N, long. 158[deg]18'35.21'' W)
JULLE, HI FIX (Lat. 20[deg]57'35.78'' N, long. 157[deg]34'35.29'' W)
ZUKAH, HI WP (Lat. 20[deg]15'21.03'' N, long. 156[deg]15'26.08'' W)
Kona, HI (KOA) VORTAC (Lat. 19[deg]43'02.06'' N, long. 156[deg]02'41.71'' W)
[[Page 14382]]
* * * * *
T-346 Lihue, HI (LIH) to PLACK, HI [New]
Lihue, HI (LIH) VORTAC (Lat. 21[deg]57'55.00'' N, long. 159[deg]20'17.20'' W)
KIKKI, HI WP (Lat. 21[deg]31'15.28'' N, long. 158[deg]20'37.80'' W)
SHIGI, HI FIX (Lat. 21[deg]18'15.11'' N, long. 158[deg]10'17.41'' W)
KUHIO, HI WP (Lat. 21[deg]15'18.66'' N, long. 157[deg]49'54.01'' W)
NORBY, HI FIX (Lat. 21[deg]09'18.74'' N, long. 157[deg]31'21.71'' W)
MAKEN, HI FIX (Lat. 20[deg]34'44.22'' N, long. 156[deg]25'10.66'' W)
PLACK, HI WP (Lat. 20[deg]16'22.29'' N, long. 155[deg]38'27.80'' W)
* * * * *
Issued in Washington, DC, on February 21, 2024.
Frank Lias,
Manager, Rules and Regulations Group.
[FR Doc. 2024-03879 Filed 2-26-24; 8:45 am]
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