[Federal Register Volume 89, Number 169 (Friday, August 30, 2024)]
[Rules and Regulations]
[Pages 70473-70474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19338]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2024-0438; Airspace Docket No. 23-AAL-13]
RIN 2120-AA66


Amendment of United States Area Navigation (RNAV) Route T-399 in 
the Vicinity of Clear, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends United States Area Navigation Route (RNAV) 
T-399 in the vicinity of Clear, AK. The FAA is taking this action to 
increase the lateral separation between T-399 and Restricted Area R-
2206.

DATES: Effective date 0901 UTC, October 31, 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, 
600 Independence Avenue SW, Washington, DC 20597; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Steven Roff, Rules and Regulations 
Group, Office of Policy, Federal Aviation Administration, 600 
Independence Avenue SW, Washington, DC 20597; 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 modifies the Air Traffic Service (ATS) route structure 
as necessary to preserve the safe and efficient flow of air traffic 
within the National Airspace System.

History

    The FAA published a NPRM for Docket No. FAA 2024-0438 in the 
Federal Register (89 FR 26796; April 16, 2024), proposing to amend T-
399 in the vicinity of Clear, AK. Interested parties were invited to 
participate in this rulemaking effort by submitting written comments on 
the proposal to the FAA. One comment was received expressing concerns 
outside of the scope of this action and did not mention any issues 
relating to air traffic services and/or this route amendment. The 
commentor included supplementary references that do not apply to air 
traffic services and are neither in support of, nor contrary to this 
action.

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 7400.11H, dated July 31, 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

    The FAA is amending 14 CFR part 71 to amend RNAV Route T-399 in the 
vicinity of Clear, AK. This amendment will increase the lateral 
separation between the RNAV route and Restricted Area R-2206. 
Specifically, the SEAHK, AK, WP (waypoint) is being relocated 
approximately 2.3 NM (nautical mile) west from its current location. 
The

[[Page 70474]]

SEAHK WP is also being renamed to the WHYTT, AK, WP.
    T-399: T-399 extends between the Talkeetna, AK (TKA), Very High 
Frequency Omnidirectional Range/Distance Measuring Equipment (VOR/DME) 
and the Nenana, AK (ENN), VOR/Tactical Air Navigation (VORTAC). This 
rule also adds the route point EVIEE to the route description as 
explained in the NPRM.

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 amending T-399 
in the vicinity of Clear, 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-
6.5k, which categorically excludes from further environmental review 
the publication of existing air traffic control procedures that do not 
essentially change existing tracks, create new tracks, change altitude, 
or change concentration of aircraft on these tracks. 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 
7400.11H, Airspace Designations and Reporting Points, dated July 31, 
2023, and effective September 15, 2023, is amended as follows:

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-399 Talkeetna, AK (TKA) to Nenana, AK (ENN) [Amended]
 
Talkeetna, AK (TKA)                             VOR/DME                        (Lat. 62[deg]17'54.16'' N, long. 150[deg]06'18.90'' W)
AILEE, AK                                       FIX                            (Lat. 63[deg]36'00.04'' N, long. 149[deg]32'23.46'' W)
PAWWW, AK                                       WP                             (Lat. 63[deg]58'06.62'' N, long. 149[deg]35'19.10'' W)
EVIEE, AK                                       WP                             (Lat. 64[deg]08'04.02'' N, long. 149[deg]34'14.27'' W)
WHYTT, AK                                       WP                             (Lat. 64[deg]22'23.27'' N, long. 149[deg]37'54.53'' W)
Nenana, AK (ENN)                                VORTAC                         (Lat. 64[deg]35'24.04'' N, long. 149[deg]04'22.34'' W)
 


    Issued in Washington, DC, on August 23, 2024.
Frank Lias,
Manager, Rules and Regulations Group.
[FR Doc. 2024-19338 Filed 8-29-24; 8:45 am]
BILLING CODE 4910-13-P