[Federal Register Volume 88, Number 138 (Thursday, July 20, 2023)]
[Rules and Regulations]
[Pages 46687-46688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15323]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0266; Airspace Docket No. 19-AAL-56]
RIN 2120-AA66


Establishment of United States Area Navigation (RNAV) Route T-388 
in the Vicinity of Port Heiden, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes United States Area Navigation (RNAV) 
T-route T-388, in the vicinity of Port Heiden, AK, in support of a 
large and comprehensive T-route modernization project for the state of 
Alaska.

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: 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 expands the availability of RNAV in Alaska and improves 
the efficient flow of air traffic within the National Airspace System 
by lessoning the dependency on ground-based navigation.

History

    The FAA published a notice of proposed rulemaking for Docket No. 
FAA-2022-0266 in the Federal Register (87 FR 16674; March 24, 2022), 
establishing RNAV T-route T-388, in the vicinity of Port Heiden, AK in 
support of a large and comprehensive T-route modernization project for 
the state of Alaska. Interested parties were invited to participate in 
this rulemaking effort by submitting comments on the proposal. There 
were no comments received.

Difference From the NPRM

    The NPRM misidentified the BAILY, AK, point as a waypoint (WP) 
instead of a Fix. This rule corrects the error.

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 establishing RNAV T-route T-
388 in the vicinity of Port Heiden, AK in support of a large and 
comprehensive T-route modernization project for the state of Alaska. 
The new route is described below.
    T-388: T-388 extends between the new WIXER, AK, WP, located over 
the Port Heiden, AK (PDN), Non-Directional Beacon (NDB), and the BAILY, 
AK, WP, located northwest of the Kodiak Airport, AK.

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

[[Page 46688]]

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 route T-388 in the vicinity of Port Heiden, 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 5-6.5i, 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 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 
7400.11G, 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-388 WIXER, AK to BAILY, AK [New]
 
WIXER, AK                     WP                  (Lat. 56[deg]54'29.00'' N, long. 158[deg]36'10.00'' W)
ZOPAB, AK                     WP                  (Lat. 57[deg]09'28.12'' N, long. 157[deg]48'14.87'' W)
HEBMI, AK                     WP                  (Lat. 57[deg]24'13.13'' N, long. 156[deg]51'24.77'' W)
ZEMIR, AK                     WP                  (Lat. 57[deg]51'13.88'' N, long. 154[deg]02'28.16'' W)
BAILY, AK                     Fix                 (Lat. 57[deg]54'33.79'' N, long. 152[deg]54'36.97'' W)
 

* * * * *

    Issued in Washington, DC, on July 13, 2023.
Karen L. Chiodini,
Manager, Airspace Rules and Regulations.
[FR Doc. 2023-15323 Filed 7-19-23; 8:45 am]
BILLING CODE 4910-13-P


