[Federal Register Volume 88, Number 109 (Wednesday, June 7, 2023)]
[Proposed Rules]
[Pages 37177-37179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12090]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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  Federal Register / Vol. 88, No. 109 / Wednesday, June 7, 2023 / 
Proposed Rules  

[[Page 37177]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-1329; Airspace Docket No. 23-AEA-2]
RIN 2120-AA66


Establishment of United States Area Navigation (RNAV) Routes T-
440, T-455, T-457, T-459, and T-476, and Amendment of RNAV Routes T-
358, T-416, and T-445; Eastern United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This action proposes to establish United States Area 
Navigation (RNAV) routes T-440, T-455, T-457, T-459, and T-476, and 
amend RNAV routes T-358, T-416, and T-445 in support of the FAA's Very 
High Frequency (VHF) Omnidirectional Range (VOR) Minimum Operational 
Network (MON) Program. The purpose is to enhance the efficiency of the 
National Airspace System (NAS) by transitioning from ground-based 
navigation aids to a satellite-based navigation system.

DATES: Comments must be received on or before July 24, 2023.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-1329 and 
Airspace Docket No. 23-AEA-2 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow 
the online instructions for sending your comments electronically.
    * Mail: Send comments to Docket Operations, M-30; U.S. Department 
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West 
Building Ground Floor, Washington, DC 20590-0001.
    * Hand Delivery or Courier: Take comments to Docket Operations in 
Room W12-140 of the West Building Ground Floor at 1200 New Jersey 
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.
    * Fax: Fax comments to Docket Operations at (202) 493-2251.
    Docket: Background documents or comments received may be read at 
www.regulations.gov at any time. Follow the online instructions for 
accessing the docket or go to the Docket Operations in Room W12-140 of 
the West Building Ground Floor at 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    FAA Order JO 7400.11F, 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 modify the route structure as to improve the 
efficient flow of air traffic within the NAS while lessening the 
dependency on ground-based navigation.

Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal. The most 
helpful comments reference a specific portion of the proposal, explain 
the reason for any recommended change, and include supporting data. To 
ensure the docket does not contain duplicate comments, commenters 
should submit only one time if comments are filed electronically, or 
commenters should send only one copy of written comments if comments 
are filed in writing.
    The FAA will file in the docket all comments it receives, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this proposed rulemaking. Before acting on this 
proposal, the FAA will consider all comments it receives on or before 
the closing date for comments. The FAA will consider comments filed 
after the comment period has closed if it is possible to do so without 
incurring expense or delay. The FAA may change this proposal in light 
of the comments it receives.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

Availability of Rulemaking Documents

    An electronic copy of this document may be downloaded through the 
internet at www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's web page at 
www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any 
comments received and any final disposition in person in the Dockets 
Operations office (see ADDRESSES section for address, phone number, and 
hours of operations). An informal docket may also be examined during 
normal business hours at the office of the Eastern Service Center, 
Federal Aviation Administration, Room 210, 1701 Columbia Avenue, 
College Park, GA 30337.

[[Page 37178]]

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 proposes to amend the current version of that 
order, FAA Order JO 7400.11G, dated August 19, 2022, and effective 
September 15, 2022. These updates would be published in the next update 
to FAA Order JO 7400.11. That order is publicly available as listed in 
the ADDRESSES section of this document.
    FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas, 
air traffic service routes, and reporting points.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to establish 
RNAV routes T-440, T-455, T-457, T-459, and T-476, and amend RNAV 
routes T-358, T-416, and T-445 in support of the FAA's VOR MON Program. 
The proposed changes are described below.
    T-358: T-358 currently extends from the Martinsburg, WV (MRB), VOR/
Tactical Air Navigation System (VORTAC) to the AVALO, NJ, waypoint 
(WP). This action proposes to extend the current route T-358 to the 
northeast from the AVALO, NJ, waypoint (WP) to the Augusta, ME (AUG), 
VOR/Distance Measuring Equipment (DME). T-358 overlays VOR Federal 
airway V-268 from the AVALO, NJ, WP to the BURDY, MA, WP and from the 
LBSTA, MA, WP to the Augusta, ME (AUG), VOR/DME. The MOYRR, MD, WP name 
is being replaced by the HAMRR, MD, WP at the same location due to 
similar sounding WP names.
    T-416: T-416 currently extends from the Smyrna, NJ (ENO), VORTAC to 
the PREPI, OA, WP (i.e., OA means Offshore Atlantic). This action 
proposes to move the RIDNG, NJ, WP 1.83 nautical miles southwest of its 
current location to align with a standard instrument departure 
procedure.
    T-440: This action proposes a new route T-440 that would extend 
from the Elmira, NY (ULW), VOR/DME to the TALLI, PA, WP. T-440 would 
overlay VOR Federal airway V-147 from the Elmira, NY (ULW), VOR/DME to 
the Wilkes-Barre, PA (LVZ), VORTAC; and airway V-116 from the Wilkes-
Barre, PA (LVZ), VORTAC to the TALLI, PA, WP.
    T-445: T-445 currently extends from the Westminster, ME (EMI), 
VORTAC to the AIRCO, NY, Fix. The action proposes to delete the segment 
from the Westminster, ME (EMI), VORTAC to the Harrisburg, PA (HAR), 
VORTAC. Further, the Elmira, NY (ULW), VOR/DME would replace the STUBN, 
NY, WP.
    T-455: This action proposes a new route T-455 that would extend 
from the Allentown, PA (FJC), VORTAC to the WIGGZ, PA, WP. T-455 would 
overlay airway V-613 from the Allentown, PA (FJC), VORTAC to the 
Wilkes-Barre, PA (LVZ), VORTAC, and would overlay airway V-188 from the 
Wilkes-Barre, PA (LVZ), VORTAC to the Slate Run, PA (SLT), VORTAC.
    T-457: This action proposes a new route T-457 that would extend 
from the JIIMS, NJ, WP to the BOOCH, PA, WP.
    T-459: This action proposes a new route T-459 that would extend 
from the JIIMS, NJ, WP to the DOGGR, PA, WP.
    T-476: This action proposes a new route T-476 that would extend 
from the TUNDR, MD, WP to the WIMKA, NJ, WP.

Regulatory Notices and Analyses

    The FAA has determined that this proposed 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 
will only affect air traffic procedures and air navigation, it is 
certified that this proposed rule, when promulgated, will not have a 
significant economic impact on a substantial number of small entities 
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in 
accordance with FAA Order 1050.1F: ``nvironmental Impacts: Policies and 
Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 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-358 Martinsburg, WV (MRB) to Augusta, ME (AUG) [Amended]
 
Martinsburg, WV (MRB)           VORTAC             (Lat. 39[deg]23'08.06'' N, long. 077[deg]50'54.08'' W)
CPTAL, MD                       WP                 (Lat. 39[deg]32'16.02'' N, long. 077[deg]41'55.65'' W)
TWIRK, MD                       WP                 (Lat. 39[deg]34'36.70'' N, long. 077[deg]12'44.75'' W)
HAMRR, MD                       WP                 (Lat. 39[deg]30'03.42'' N, long. 076[deg]56'10.84'' W)
DANII, MD                       WP                 (Lat. 39[deg]17'46.42'' N, long. 076[deg]42'19.36'' W)
OBWON, MD                       WP                 (Lat. 39[deg]11'54.69'' N, long. 076[deg]32'04.84'' W)
SWANN, MD                       WP                 (Lat. 39[deg]09'05.28'' N, long. 076[deg]13'43.94'' W)
Smyrna, DE (ENO)                VORTAC             (Lat. 39[deg]13'53.93'' N, long. 075[deg]30'57.49'' W)
AVALO, NJ                       WP                 (Lat. 39[deg]16'54.52'' N, long. 074[deg]30'50.75'' W)
MANTA, NJ                       WP                 (Lat. 39[deg]54'07.01'' N, long. 073[deg]32'31.63'' W)
ORCHA, NY                       WP                 (Lat. 40[deg]54'55.46'' N, long. 072[deg]18'43.64'' W)
Sandy Point, RI (SEY)           VOR/DME            (Lat. 41[deg]10'02.77'' N, long. 071[deg]34'33.91'' W)
BURDY, MA                       WP                 (Lat. 41[deg]57'19.14'' N, long. 070[deg]57'07.45'' W)
HAVNS, OA                       WP                 (Lat. 42[deg]17'55.00'' N, long. 070[deg]27'42.00'' W)
GRGIO, MA                       WP                 (Lat. 42[deg]35'09.36'' N, long. 070[deg]33'54.40'' W)
LBSTA, MA                       WP                 (Lat. 42[deg]48'00.00'' N, long. 070[deg]36'48.70'' W)
MESHL, ME                       WP                 (Lat. 43[deg]19'12.07'' N, long. 070[deg]09'48.03'' W)
Augusta, ME (AUG)               VOR/DME            (Lat. 44[deg]19'12.07'' N, long. 069[deg]47'47.63'' W)
 

[[Page 37179]]

 
                                                 * * * * * * *
T-416 Smyrna, NJ (ENO) to PREPI, OA [Amended]
 
Smyrna, NJ (ENO)                VORTAC             (Lat. 39[deg]13'53.93'' N, long. 075[deg]30'57.49'' W)
TEBEE, NJ                       WP                 (Lat. 39[deg]30'13.97'' N, long. 075[deg]19'37.19'' W)
LULOO, NJ                       WP                 (Lat. 39[deg]36'35.96'' N, long. 075[deg]12'57.43'' W)
RIDNG, NJ                       WP                 (Lat. 39[deg]43'56.08'' N, long. 075[deg]07'12.86'' W)
ALBEK, NJ                       WP                 (Lat. 39[deg]46'39.92'' N, long. 074[deg]54'25.99'' W)
Coyle, NJ (CYN)                 VORTAC             (Lat. 39[deg]49'02.42'' N, long. 074[deg]25'53.85'' W)
PREPI, OA                       WP                 (Lat. 39[deg]48'41.06'' N, long. 073[deg]15'40.70'' W)
 
                                                 * * * * * * *
T-440 Elmira, NY (ULW) to TALLI, PA [New]
 
Elmira, NY (ULW)                VOR/DME            (Lat. 42[deg]05'38.96'' N, long. 077[deg]01'29.30'' W)
WLKES, PA                       WP                 (Lat. 41[deg]16'22.57'' N, long. 075[deg]41'21.60'' W)
TALLI, PA                       WP                 (Lat. 41[deg]19'01.60'' N, long. 075[deg]06'43.17'' W)
 
                                                 * * * * * * *
T-445 Harrisburg, PA (HAR) to AIRCO, NY [Amended]
 
Harrisburg, PA (HAR)            VORTAC             (Lat. 40[deg]18'08.06'' N, long. 077[deg]04'10.41'' W)
Selinsgrove, PA (SEG)           VOR/DME            (Lat. 40[deg]47'27.09'' N, long. 076[deg]53'02.55'' W)
LYKOM, PA                       WP                 (Lat. 41[deg]20'18.75'' N, long. 076[deg]46'30.30'' W)
Elmira, NY (ULW)                VOR/DME            (Lat. 42[deg]05'38.96'' N, long. 077[deg]01'29.32'' W)
BEEPS, NY                       WP                 (Lat. 42[deg]49'13.26'' N, long. 076[deg]59'04.84'' W)
Rochester, NY (ROC)             VOR/DME            (Lat. 43[deg]07'04.65'' N, long. 077[deg]40'22.06'' W)
AIRCO, NY                       WP                 (Lat. 43[deg]12'36.66'' N, long. 078[deg]28'57.00'' W)
 
                                                 * * * * * * *
T-455 Allentown, PA (FJC) to WIGGZ, PA [New]
 
Allentown, PA (FJC)             VORTAC             (Lat. 40[deg]43'36.07'' N, long. 075[deg]27'17.08'' W)
WLKES, PA                       WP                 (Lat. 41[deg]16'22.57'' N, long. 075[deg]41'21.60'' W)
LYKOM, PA                       WP                 (Lat. 41[deg]20'18.75'' N, long. 076[deg]46'30.30'' W)
WIGGZ, PA                       WP                 (Lat. 41[deg]30'51.00'' N, long. 077[deg]58'52.00'' W)
 
                                                 * * * * * * *
T-457 JIMMS, NJ to BOOCH, PA [New]
 
JIIMS, NJ                       WP                 (Lat. 39[deg]32'15.62'' N, long. 074[deg]58'01.72'' W)
GABRS, NJ                       WP                 (Lat. 39[deg]38'15.91'' N, long. 075[deg]04'15.96'' W)
RIDNG, NJ                       WP                 (Lat. 39[deg]43'56.08'' N, long. 075[deg]07'12.86'' W)
BOJID, PA                       WP                 (Lat. 40[deg]03'20.87'' N, long. 075[deg]12'16.25'' W)
BOOCH, PA                       WP                 (Lat. 40[deg]14'09.24'' N, long. 075[deg]16'08.52'' W)
 
                                                 * * * * * * *
T-459 JIIMS, NJ to DOGGR, PA [New]
 
JIIMS, NJ                       WP                 (Lat. 39[deg]32'15.62'' N, long. 074[deg]58'01.72'' W)
LULOO, NJ                       WP                 (Lat. 39[deg]36'35.96'' N, long. 075[deg]12'57.43'' W)
DOGGR, PA                       WP                 (Lat. 40[deg]08'12.25'' N, long. 075[deg]27'07.50'' W)
 
                                                 * * * * * * *
T-476 TUNDR, MD to WIMKA, NJ [New]
 
TUNDR, MD                       WP                 (Lat. 38[deg]44'37.73'' N, long. 076[deg]15'38.97'' W)
FILRO, MD                       WP                 (Lat. 38[deg]57'51.42'' N, long. 075[deg]56'45.51'' W)
TWANE, MD                       WP                 (Lat. 39[deg]10'57.10'' N, long. 075[deg]57'34.19'' W)
EYEUP, MD                       WP                 (Lat. 39[deg]18'30.83'' N, long. 075[deg]51'56.10'' W)
COHLE, DE                       WP                 (Lat. 39[deg]20'26.55'' N, long. 075[deg]34'36.79'' W)
WIMKA, NJ                       WP                 (Lat. 39[deg]25'22.02'' N, long. 075[deg]08'32.67'' W)
 
                                                  * * * * * * *
 


    Issued in Washington, DC, on June 1, 2023.
Brian Konie,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-12090 Filed 6-6-23; 8:45 am]
BILLING CODE 4910-13-P