[Federal Register Volume 88, Number 142 (Wednesday, July 26, 2023)]
[Rules and Regulations]
[Pages 48070-48072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15743]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-1020; Airspace Docket No. 21-AEA-31]
RIN 2120-AA66


Establishment of Area Navigation (RNAV) Routes; Eastern United 
States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends one and establishes three low altitude 
United States Area Navigation (RNAV) routes. The purpose of the new 
RNAV routes is to expand the availability of the enroute structure and 
provide additional RNAV routing within the National Airspace System 
(NAS) in support of transitioning it from ground-based to satellite-
based navigation.

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: 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 expand the availability of RNAV in the eastern 
United States and improve the efficient flow of air traffic within the 
NAS by lessening the dependency on ground-based navigation.

History

    The FAA published a notice of proposed rulemaking for Docket No. 
FAA-2023-1020 in the Federal Register (88 FR 29559; May 8, 2023), 
proposing to amend one and establish three low-altitude RNAV routes in 
support of transitioning the NAS from a ground-based to a satellite-
based navigation. 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

    In the NPRM's description of RNAV route T-452, the FAA incorrectly 
listed the VINSE, PA; BADDI, PA; JOANE, PA; and GEERI, PA route points 
as waypoints (WP). The route points are actually identified as Fixes in 
the National Airspace System Resource (NASR) database and charted as 
Fixes accordingly. This action corrects the error and changes the route 
points to be listed as Fixes.
    Additionally, in the NPRM's description of RNAV route T-456, the 
FAA incorrectly listed the DELRO, PA, route point as a WP instead of 
Fix. This action also corrects the DELRO, PA, route point to be listed 
as a Fix.

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 one and establishing 
three low altitude RNAV T-routes in the northeast United States in 
support of transitioning from ground-based navigation aids to 
satellite-based navigation. The routes are described below.
    T-299: Prior to this final rule, T-299 extended from the UCREK, VA, 
WP to the SCAPE, PA, WP. This action extends T-299 to the southwest 
from the Montebello, VA (MOL), Very High Frequency (VHF) 
Omnidirectional Range/Distance Measuring Equipment (VOR/DME) 279[deg] 
radial at 5.5 nautical miles (OBEPE, VA, Fix) to the UCREK, VA, WP, and 
to the northeast to the intersection of the Harrisburg, PA (HAR), VOR/
Tactical Air Navigation (VORTAC) 235[deg] radial and the Westminster, 
MD (EMI), VORTAC 324[deg] radial (SCAPE, PA, Fix) to the Albany, NY 
(ALB), VORTAC. The route overlays VOR Federal airway V-377 from the 
SCAPE, PA, Fix to the Harrisburg, PA (HAR), VORTAC; VOR Federal airway 
V-162 from the Harrisburg, PA (HAR), VORTAC to the Huguenot, NY (HUO), 
VOR/DME; and VOR Federal airway V-489 from the Huguenot, NY (HOU), VOR/
DME to the Albany, NY (ALB), VORTAC.
    T-452: T-452 is a new route that extends from the VINSE, PA, Fix to 
the REESY, PA, WP. The route is replacing VOR Federal airway V-469 from 
the St. Thomas, VA (THS), VORTAC to the

[[Page 48071]]

JOANE, PA, Fix. The VINSE, PA, WP is being used to replace the St. 
Thomas, VA (THS), VORTAC.
    T-456: T-456 is a new route that extends from the VINSE, PA, Fix to 
the Modena, PA (MXE), VORTAC. The route overlays VOR Federal airway V-
474 from the AMISH, PA, Fix to the Modena, PA (MXE), VORTAC.
    T-477: T-477 is a new route that extends from the CPTAL, MD, WP to 
the Philipsburg, PA (PSB), VORTAC. The route overlays VOR Federal 
Airway V-501 from the Hagerstown, MD (HGR), VOR to the Philipsburg, PA 
(PSB), VORTAC.

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 action of establishing RNAV routes 
T-452, T-456, and T-477, and the amendment of T-299 in the eastern 
United States to provide additional RNAV routing within the NAS in 
support of transitioning it from ground-based to satellite-based 
navigation, 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 
5-6.5.a, 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 5-6.5b, which 
categorically excludes from further environmental impact review 
``Actions regarding establishment of jet routes and Federal airways 
(see 14 CFR 71.15, Designation of jet routes and VOR Federal airways). 
. .''. As such, this airspace action is not expected to cause 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. 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 
7400.11G, 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-299 OBEPE, VA to Albany, NY (ALB) [Amended]
 
OBEPE, VA                                       FIX                            (Lat. 37[deg]54'23.03'' N, long. 079[deg]13'21.04'' W)
UCREK, VA                                       WP                             (Lat. 38[deg]01'33.17'' N, long. 079[deg]02'56.23'' W)
KAIJE, VA                                       WP                             (Lat. 38[deg]44'34.79'' N, long. 078[deg]42'48.47'' W)
BAMMY, WV                                       WP                             (Lat. 39[deg]24'33.13'' N, long. 078[deg]25'45.64'' W)
REEES, PA                                       WP                             (Lat. 39[deg]47'51.75'' N, long. 077[deg]45'56.31'' W)
SCAPE, PA                                       FIX                            (Lat. 39[deg]56'41.76'' N, long. 077[deg]32'12.33'' W)
Harrisburg, PA (HAR)                            VORTAC                         (Lat. 40[deg]18'08.06'' N, long. 077[deg]04'10.41'' W)
BOBSS, PA                                       FIX                            (Lat. 40[deg]17'41.78'' N, long. 076[deg]45'00.73'' W)
East Texas, PA (ETX)                            VOR/DME                        (Lat. 40[deg]34'51.74'' N, long. 075[deg]41'02.51'' W)
Allentown, PA (FJC)                             VORTAC                         (Lat. 40[deg]43'36.07'' N, long. 075[deg]27'17.08'' W)
Huguenot, NY (HUO)                              VOR/DME                        (Lat. 41[deg]24'34.87'' N, long. 074[deg]35'29.74'' W)
WEARD, NY                                       FIX                            (Lat. 41[deg]45'43.63'' N, long. 074[deg]31'30.07'' W)
Albany, NY (ALB)                                VORTAC                         (Lat. 42[deg]44'50.21'' N, long. 073[deg]48'11.46'' W)
 

* * * * *

T-452 VINSE, PA to REESY, PA [New]
 
VINSE, PA                                       FIX                            (Lat. 39[deg]58'16.21'' N, long. 077[deg]57'21.20'' W)
BADDI, PA                                       FIX                            (Lat. 40[deg]09'26.26'' N, long. 077[deg]25'07.81'' W)
Harrisburg, PA (HAR)                            VORTAC                         (Lat. 40[deg]18'08.06'' N, long. 077[deg]04'10.41'' W)
JOANE, PA                                       FIX                            (Lat. 40[deg]02'38.48'' N, long. 076[deg]27'21.40'' W)
GEERI, PA                                       FIX                            (Lat. 39[deg]56'59.70'' N, long. 076[deg]17'38.99'' W)
REESY, PA                                       WP                             (Lat. 39[deg]45'27.94'' N, long. 075[deg]52'07.09'' W)
 

* * * * *

T-456 VINSE, PA to Modena, PA (MXE) [New]
 
VINSE, PA                                       FIX                            (Lat. 39[deg]58'16.21'' N, long. 077[deg]57'21.20'' W)
AMISH, PA                                       FIX                            (Lat. 39[deg]56'33.12'' N, long. 077[deg]37'34.13'' W)
DELRO, PA                                       FIX                            (Lat. 39[deg]57'55.71'' N, long. 076[deg]37'31.24'' W)

[[Page 48072]]

 
Modena, PA (MXE)                                VORTAC                         (Lat. 39[deg]55'04.98'' N, long. 075[deg]40'14.96'' W)
 

* * * * *

T-477 CPTAL, MD to Philipsburg, PA (PSB) [New]
 
CPTAL, MD                                       WP                             (Lat. 39[deg]32'16.02'' N, long. 077[deg]41'55.65'' W)
Hagerstown, MD (HGR)                            VOR                            (Lat. 39[deg]41'51.82'' N, long. 077[deg]51'20.59'' W)
VINSE, PA                                       FIX                            (Lat. 39[deg]58'16.21'' N, long. 077[deg]57'21.20'' W)
Philipsburg, PA (PSB)                           VORTAC                         (Lat. 40[deg]54'58.53'' N, long. 077[deg]59'33.78'' W)
 

* * * * *

    Issued in Washington, DC, on July 20, 2023.
Karen L. Chiodini,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2023-15743 Filed 7-25-23; 8:45 am]
BILLING CODE 4910-13-P