[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