[Federal Register Volume 88, Number 140 (Monday, July 24, 2023)]
[Rules and Regulations]
[Pages 47366-47367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15584]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0215; Airspace Docket No. 19-AAL-61]
RIN 2120-AA66


Amendment of United States Area Navigation (RNAV) Route T-228 in 
the Vicinity of Cape Newenham, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends United States Area Navigation (RNAV) route 
T-228 in the vicinity of Cape Newenham, AK, in support of a large and 
comprehensive T-route modernization project for the state of Alaska.

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: 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 Alaska and improves 
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 (NPRM) for Docket 
No. FAA-2022-0215 in the Federal Register (87 FR 15905; March 21, 
2022), amending RNAV route T-228 in the vicinity of Cape Newenham, 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. No 
comments were received.

Differences From the NPRM

    In the background, proposal, and proposed amendment sections in the 
NPRM, the new ZIKNI, AK, waypoint (WP) was misidentified as the ZINKI, 
AK, WP, in error. This action corrects that error by changing all 
references of the ZINKI, AK, WP to the ZIKNI, AK, WP. These corrections 
are editorial only and do not change the alignment of T-228.

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 RNAV route T-228 in 
the vicinity of Cape Newenham, AK, in support of a large and 
comprehensive T-route modernization project for the state of Alaska. 
The amendment is described below.
    T-228: T-228 extends between the Cape Newenham, AK, Nondirectional 
Radio Beacon/Distance Measuring Equipment (NDB/DME) navigational aid 
and the ROCES, AK, WP. The Cape Newenham, AK, NDB is replaced with the 
new ZIKNI, AK, WP and the Shishmaref, AK, NDB which is in the route 
description is replaced with the new HIPIV, AK, WP due to the pending 
decommissioning of both NDBs. Additionally, the HIKAX, AK, WP is 
removed from the route description since it is not required to retain 
the route's structure; however, it will remain in the National Airspace 
System Resource database and continue to be depicted on the IFR En 
Route charts. The unaffected portions of the route remain as charted.

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

[[Page 47367]]

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 amending RNAV 
route T-228 in the vicinity of Cape Newenham, 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 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 
7400.11G, 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-228 ZIKNI, AK to ROCES, AK [Amended]
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ZIKNI, AK                                         WP                            (Lat. 58[deg]39'21.68'' N, long. 62[deg]04'13.87'' W)
RUFVY, AK                                         WP                            (Lat. 59[deg]56'34.16'' N, long. 64[deg]02'03.72'' W)
Hooper Bay, AK (HPB)                              VOR/DME                       (Lat. 61[deg]30'51.65'' N, long. 166[deg]08'04.13'' W)
Nome, AK (OME)                                    VOR/DME                       (Lat. 64[deg]29'06.39'' N, long. 165[deg]15'11.43'' W)
HIPIV, AK                                         WP                            (Lat. 66[deg]15'29.11'' N, long. 166[deg]03'23.59'' W)
ECIPI, AK                                         WP                            (Lat. 67[deg]55'48.11'' N, long. 165[deg]29'58.07'' W)
Barrow, AK (BRW)                                  VOR/DME                       (Lat. 71[deg]16'24.33'' N, long. 156[deg]47'17.22'' W)
Deadhorse, AK (SCC)                               VOR/DME                       (Lat. 70[deg]11'57.11'' N, long. 148[deg]24'58.17'' W)
ROCES, AK                                         WP                            (Lat. 70[deg]08'34.29'' N, long. 144[deg]08'15.59'' W)
 

* * * * *

    Issued in Washington, DC, on July 18, 2023.
Karen L. Chiodini,
Acting Manager, Airspace Rules and Regulations Group.
[FR Doc. 2023-15584 Filed 7-21-23; 8:45 am]
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