Rules and Regulations. Final rule

Agency: Federal Aviation Administration (FAA), DOT
Action: Final rule
Citation: FR Doc. 2023-20450 · RIN 2120-AA66 · Docket No. FAA-2023-0456; Airspace Docket No. 23-ASW-3 · 14 CFR 71

Summary

This action establishes Area Navigation (RNAV) routes T-469 and T-472 in the southwest United States. The new RNAV routes 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, November 30, 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.

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 enroute structure as necessary to preserve the safe and efficient flow of air traffic within the National Airspace System (NAS). History The FAA published a notice of proposed rulemaking for Docket No. FAA-2023-0456 in the Federal Register (88 FR 13742; March 6, 2023), proposing to establish RNAV routes T-469 and T-472 in the southwest United States to expand the availability of the enroute structure and provide additional RNAV routing within the NAS. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal. No comments were received. Incorporation by Reference United States Area Navigation Routes (T-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 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 T-469 and T-472. The new RNAV routes are described below. T-469: T-469 is established and extends between the TASEY, TX, waypoint (WP) (located 60 feet west of the Paris, TX, Very High Frequency (VHF) Omnidirectional Range (VOR)/Distance Measuring Equipment (VOR/DME) navigational aid (NAVAID)) and the Rich Mountain, OK, VOR/Tactical Air Navigation (VORTAC) NAVAID. This new T-route provides RNAV routing along the same route of flight as VOR Federal airway V-315 and enhances flight safety and NAS efficiency for aircraft transiting enroute along the eastern boundary of the Rivers Military Operations Area (MOA). T-472: T-472 is established and extends between the TASEY, TX, WP (located 60 feet west of the Paris, TX, VOR/DME NAVAID) and the Hot Springs, AR, VOR/DME NAVAID. This new T-route provides RNAV routing along the same route of flight as VOR Federal airway V-124 and enhances flight safety and NAS efficiency for aircraft transiting enroute along the southern boundary of the Hog B MOA. 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 will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will 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-469 and T-472 in the southwest United States to provide additional RNAV routing within the NAS 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 impact 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. 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 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. § 71.1 [Amended] 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: Paragraph 6011 United States Area Navigation Routes. T-469 TASEY, TX to Rich Mountain, OK (PGO) [New] TASEY, TX WP (Lat. 33°32'32.56“ N, long. 095°26'54.55“ W) Rich Mountain, OK (PGO) VORTAC (Lat. 34°40'49.67“ N, long. 094°36'32.41“ W) * * * * * * * T-472 TASEY, TX to Hot Springs, AR (HOT) [New] TASEY, TX WP (Lat. 33°32′32.56″ N, long. 095°26′54.55″ W) Hot Springs, AR (HOT) VOR/DME (Lat. 34°28′42.94″ N, long. 093°05′26.20″ W) Issued in Washington, DC, on September 18, 2023. Karen L. Chiodini, Acting Manager, Rules and Regulations Group. [FR Doc. 2023-20450 Filed 9-21-23; 8:45 am]