[Federal Register Volume 87, Number 124 (Wednesday, June 29, 2022)]
[Rules and Regulations]
[Pages 38655-38656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13691]
[[Page 38655]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2021-0863; Airspace Docket No. 21-AAL-21]
RIN 2120-AA66
Establishment of United States Area Navigation (RNAV) Route T-
396; Nome, 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-396 in the vicinity of Nome, AK in support of a large and
comprehensive T-route modernization project for the state of Alaska.
DATES: Effective date 0901 UTC, September 8, 2022. 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: FAA Order JO 7400.11F, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Rules and Regulations Group, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone: (202) 267-8783.
FOR FURTHER INFORMATION CONTACT: Jesse Acevedo, 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 Alaska and improve
the efficient flow of air traffic within the National Airspace System
by lessening the dependency on ground based navigation.
History
The FAA published a notice of proposed rulemaking for Docket No.
FAA-2021-0863 in the Federal Register (86 FR 58823; October 25, 2021),
establishing United States Area Navigation (RNAV) route T-396 in the
vicinity of Nome, AK in support of a large and comprehensive T-route
modernization project for the state of Alaska. Interested parties were
invited to participate in this rulemaking effort by submitting comments
on the proposal. There were no comments received.
United States Area Navigation Routes are published in paragraph
6011 of FAA Order JO 7400.11F dated August 10, 2021 and effective
September 15, 2021, which is incorporated by reference in 14 CFR 71.1.
The RNAV route listed in this document would be published subsequently
in FAA Order JO 7400.11F.
Differences From the NPRM
Subsequent to the publication of the NPRM for Docket No. FAA-2021-
0863 in the Federal Register (86 FR 58823; October 25, 2021),
establishing United States Area Navigation (RNAV) route T-396 in the
vicinity of Nome, AK, the FAA determined it was necessary to relocate
the HALUS waypoint (WP), to address instrument flight procedure
concerns related to two points (i.e., fix, navigational aid, waypoints)
being located too close to one another. As a result, the latitude/long
geographic coordinates for the HALUS WP are changed from what was
proposed in the NPRM. This change moves the WP by approximately 600-
feet from the location as proposed in the NPRM. The regulatory text in
this action incorporates these changes.
Availability and Summary of Documents for Incorporation by Reference
This document amends FAA Order JO 7400.11F, Airspace Designations
and Reporting Points, dated August 10, 2021, and effective September
15, 2021. FAA Order JO 7400.11F is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11F 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-396
in the vicinity of Nome, AK in support of a large and comprehensive T-
route modernization project for the state of Alaska.
The route is described below.
T-396: This action establishes T-396 from the Nome, AK, (OME) VHF
Omnidirectional Range/Distance Measuring Equipment (VOR/DME) to the
Galena, AK, (GAL) VOR/DME.
FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.
Regulatory Notices and Analyses
The FAA 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
Department of Transportation (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 determined that this airspace action of establishing RNAV
route T-396 in the vicinity of Nome, 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-
6.5i, 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
[[Page 38656]]
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 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
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:
Paragraph 6011 United States Area Navigation Routes.
* * * * *
T-396 Nome, AK (OME) to Galena, AK (GAL) [New]
Nome, AK (OME) VOR/DME (Lat. 64[deg]29'06.39'' N, long. 165[deg]15'11.43'' W)
HALUS, AK WP (Lat. 64[deg]41'43.78'' N, long. 162[deg]04'03.53'' W)
Galena, AK (GAL) VOR/DME (Lat. 64[deg]44'17.26'' N, long. 156[deg]46'37.69'' W)
* * * * *
Issued in Washington, DC, on June 22, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-13691 Filed 6-28-22; 8:45 am]
BILLING CODE 4910-13-P