[Federal Register Volume 89, Number 123 (Wednesday, June 26, 2024)]
[Rules and Regulations]
[Pages 53352-53354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13784]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-2567; Airspace Docket No. 23-ANM-32]
RIN 2120-AA66


Establishment of United States Area Navigation Routes Q-143 and 
T-467 in Southern Utah

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes United States Area Navigation Routes 
(RNAV) Q-143 and T-467 in southern Utah. The FAA is taking this action 
to provide alternative routing around the TIPET and SEVIER Air Traffic 
Control Assigned Airspaces (ATCAA) and the White Elk and Gandy Military 
Operations Areas (MOA).

DATES: Effective date 0901 UTC, September 5, 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 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 would increase the efficiency and safety of the flow of 
air traffic within the National Airspace System (NAS).

History

    The FAA published a NPRM for Docket No. FAA-2023-2567 in the 
Federal Register (89 FR 1854; January 11, 2024), proposing to establish 
RNAV routes Q-143 and T-467 in southern Utah. Interested parties were 
invited to participate in this rulemaking effort by submitting comments 
on the proposal. One comment was received which

[[Page 53353]]

expressed several concerns, most of which are beyond the scope of this 
action. However, the commentor did raise a specific issue with regards 
to aircraft overflying wilderness areas. The FAA conducted an 
environmental review in accordance with Department of Transportation 
Order 5610.1, Procedures for Considering Environmental Impacts, FAA 
Order 1050.1, Environmental Impacts: Policies and Procedures, and FAA 
Order JO 7400.2, Procedures for Handling Airspace Matters. Impacts to 
wilderness areas are a type of extraordinary circumstance found in FAA 
Order 1050.1F. The proposed airways were found to fly over three 
wilderness areas. The review determined that: regarding Q-143, it will 
have no impact on these wilderness areas due to Q routes are flown at 
flight level 180 or higher. regarding T-467, T routes are flown between 
1,200 ft Above Ground Level (AGL) and up to, but not including, 18,000 
ft AGL. Past flight data shows that 19 aircraft per year fly a similar 
path the three wilderness areas, any effects due to noise or visual 
impacts will be insignificant and therefore the proposed action does 
not constitute an extraordinary circumstance. Since the FAA does not 
expect an increase in operations from a similar path, the FAA projects 
same number of aircraft to fly T-467. Additionally, none of the Minimum 
Enroute Altitudes for this route are lower than 2,000 ft AGL. 
Considering this small number of aircraft per year flying over the 
three wilderness areas, any effects due to noise or visual impacts will 
be insignificant, and therefore the proposed action does not constitute 
an extraordinary circumstance.
    This meets the current guidance for aircraft operating over charted 
United States wildlife refuges, parks and forest areas as published in 
section 7-5-6(b) of the Aeronautical Information Manual (AIM).

Incorporation by Reference

    United States Area Navigation routes are published in paragraph 
2006 (Q routes) and paragraph 6011 (T routes) 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.

The Rule

    This action amends 14 CFR part 71 by establishing RNAV routes Q-143 
and T-467 in southern Utah. The FAA is taking this action to provide 
alternative routing around the TIPET and SEVIER ATCAAs and the White 
Elk and Gandy MOAs when active. The amendment is described below.
    Q-143: Q-143 extends between the WINEN, UT WP to the BROPH, ID, WP 
and provides alternate routing to Q-73 when the TIPET and SEVIER ATCAAs 
are active.
    T-467: T-467 extends between the BERYL, UT, Fix and the BROPH, ID, 
WP and provides alternative routing when the White Elknd Gandy MOAs are 
active.

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 Q-143 and T-467 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 statement.

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:

[[Page 53354]]

Paragraph 2006 United States Area Navigation Routes

* * * * *

Q-143 WINEN, UT to BROPH, ID [New]
 
WINEN, UT                                       WP                             (Lat. 37[deg]56'00.00'' N, long. 113[deg]30'00.00'' W)
TESSA, NV                                       WP                             (Lat. 39[deg]39'15.04'' N, long. 115[deg]16'15.97'' W)
RUBII, NV                                       WP                             (Lat. 40[deg]27'03.58'' N, long. 115[deg]16'15.97'' W)
CLEIN, NV                                       WP                             (Lat. 41[deg]53'37.36'' N, long. 114[deg]52'51.96'' W)
BROPH, ID                                       WP                             (Lat. 42[deg]43'15.71'' N, long. 114[deg]52'31.80'' W)
 

* * * * *

Paragraph 6011 United States Area Navigation Routes.

T-467 BERYL, UT to BROPH, ID [New]
 
BERYL, UT                                       FIX                            (Lat. 37[deg]54'00.17'' N, long. 113[deg]23'08.58'' W)
ELY, NV (ELY)                                   VOR/DME                        (Lat. 39[deg]17'53.25'' N, long. 114[deg]50'53.90'' W)
TESSA, NV                                       WP                             (Lat. 39[deg]39'15.04'' N, long. 115[deg]16'15.97'' W)
RUBII, NV                                       WP                             (Lat. 40[deg]27'03.58'' N, long. 115[deg]16'15.97'' W)
WELLS, NV (LWL)                                 VOR/DME                        (Lat. 41[deg]08'41.29'' N, long. 114[deg]58'39.04'' W)
YIKUK, NV                                       FIX                            (Lat. 41[deg]59'05.16'' N, long. 114[deg]51'49.12'' W)
BROPH, ID                                       WP                             (Lat. 42[deg]43'15.71'' N, long. 114[deg]52'31.80'' W)
 


    Issued in Washington, DC, on June 18, 2024.
Frank Lias,
Manager, Rules and Regulations Group.
[FR Doc. 2024-13784 Filed 6-25-24; 8:45 am]
BILLING CODE 4910-13-P