[Federal Register Volume 88, Number 27 (Thursday, February 9, 2023)]
[Rules and Regulations]
[Pages 8352-8354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02766]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0932; Airspace Docket No. 21-AEA-22]
RIN 2120-AA66


Amendment and Establishment of Area Navigation (RNAV) Routes; 
Eastern United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; technical amendment.

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SUMMARY: This action amends a final rule published by the FAA in the 
Federal Register on December 7, 2022, that, among other actions, 
amended area navigation (RNAV) route T-224 by removing the AXEJA, AL, 
computer navigation fix (CNF) from the route description. This action 
re-inserts AXEJA into the T-224 description as an RNAV waypoint (WP) 
instead of a CNF. This action is necessary to match the FAA National 
Airspace System Resource (NASR) database information.

DATES: Effective date 0901 UTC, February 23, 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: FAA Order JO 7400.11G, Airspace Designations and Reporting 
Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, you can contact the 
Rules and Regulations Group, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, 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

[[Page 8353]]

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 route structure as necessary to preserve 
the safe and efficient flow of air traffic within the NAS.

History

    The FAA published a final rule for Docket No. FAA-2022-0932, in the 
Federal Register (87 FR 74962; December 7, 2022) amending, in part, 
RNAV route T-224 by removing the AXEJA, AL, computer navigation fix 
(CNF) from the route description. The AXEJA Fix is a CNF. As described 
in the Aeronautical Information Manual (AIM), a CNF is a point 
described by a latitude/longitude coordinate that is required to 
support area navigation (RNAV) system operations. The GPS receiver uses 
CNFs in conjunction with WPs to navigate from point to point. However, 
CNFs are not used for air traffic control or communication purposes, 
and pilots do not use them for filing flight plans or navigating along 
a route. For that reason, the FAA removed the AXEJA, AL, CNF from the 
route description.
    After publishing the rule, the FAA decided to convert AXEJA from a 
CNF to an RNAV WP. A WP is most often used in RNAV routes to indicate a 
change in direction or altitude along the route. With this change, it 
is appropriate to use AXEJA in the T-224 description. Therefore, this 
action re-inserts AXEJA into the T-224 description as a WP.
    United States RNAV T-routes are published in paragraph 6011 of FAA 
Order JO 7400.11G, dated August 19, 2022, and effective September 15, 
2022, which is incorporated by reference in 14 CFR 71.1. The RNAV 
routes listed in this document will be published subsequently in FAA 
Order JO 7400.11.

The Rule

    This action amends 14 CFR part 71 by including the reference to 
AXEJA, AL, WP for the reasons explained under the History heading. This 
action conforms the route description to match the FAA NASR database 
information and does not make any substantive changes to RNAV route T-
224. Therefore, notice and public procedure under 5 U.S.C. 553(b) is 
unnecessary.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points, 
is published yearly and effective on September 15.

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 
Department of Transportation (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 action of re-inserting AXEJA into 
the T-224 description as an RNAV WP instead of a CNF, 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 5-6.5b, which categorically excludes from 
further environmental impact review ``Actions regarding establishment 
of jet routes and Federal airways (see 14 CFR 71.15, Designation of jet 
routes and VOR Federal airways) . . .''. 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-224 Palacios, TX (PSX) to Boston, MA (BOS) [Amended]
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Palacios, TX (PSX)           VORTAC             (Lat. 28[deg]45'51.93'' N, long. 096[deg]18'22.25'' W)
MOLLR, TX                    WP                 (Lat. 29[deg]39'20.23'' N, long. 095[deg]16'35.83'' W)
SHWNN, TX                    WP                 (Lat. 29[deg]56'45.94'' N, long. 094[deg]00'57.73'' W)
WASPY, LA                    FIX                (Lat. 30[deg]01'33.88'' N, long. 093[deg]38'50.45'' W)
KNZLY, LA                    WP                 (Lat. 30[deg]08'29.48'' N, long. 093[deg]06'19.37'' W)
DAFLY, LA                    WP                 (Lat. 30[deg]11'37.70'' N, long. 091[deg]59'33.94'' W)
KJAAY, LA                    WP                 (Lat. 30[deg]05'15.06'' N, long. 090[deg]35'19.73'' W)
SLIDD, LA                    FIX                (Lat. 30[deg]09'46.08'' N, long. 089[deg]44'02.18'' W)
WTERS, MS                    WP                 (Lat. 30[deg]24'24.36'' N, long. 089[deg]04'37.04'' W)
LYNRD, AL                    WP                 (Lat. 30[deg]43'33.26'' N, long. 088[deg]21'34.07'' W)
AXEJA, AL                    WP                 (Lat. 31[deg]02'32.36'' N, long. 087[deg]57'01.58'' W)
WIILL, AL                    WP                 (Lat. 31[deg]27'33.96'' N, long. 087[deg]21'08.62'' W)

[[Page 8354]]

 
MGMRY, AL                    WP                 (Lat. 32[deg]13'20.78'' N, long. 086[deg]19'11.24'' W)
GONDR, AL                    WP                 (Lat. 32[deg]22'01.98'' N, long. 085[deg]45'57.08'' W)
RSVLT, GA                    WP                 (Lat. 32[deg]36'55.43'' N, long. 085[deg]01'03.81'' W)
SINCA, GA                    FIX                (Lat. 33[deg]04'52.28'' N, long. 083[deg]36'17.52'' W)
UGAAA, GA                    WP                 (Lat. 33[deg]56'51.32'' N, long. 083[deg]19'28.42'' W)
ECITY, SC                    WP                 (Lat. 34[deg]25'09.62'' N, long. 082[deg]47'04.58'' W)
STYLZ, NC                    WP                 (Lat. 35[deg]24'22.83'' N, long. 082[deg]16'07.01'' W)
BONZE, NC                    WP                 (Lat. 35[deg]52'09.16'' N, long. 081[deg]14'24.10'' W)
MCDON, VA                    WP                 (Lat. 36[deg]40'29.56'' N, long. 079[deg]00'52.03'' W)
NUTTS, VA                    FIX                (Lat. 37[deg]04'34.16'' N, long. 078[deg]12'13.69'' W)
WAVES, VA                    WP                 (Lat. 37[deg]35'13.54'' N, long. 077[deg]26'52.03'' W)
TAPPA, VA                    FIX                (Lat. 37[deg]58'12.66'' N, long. 076[deg]50'40.62'' W)
COLIN, VA                    FIX                (Lat. 38[deg]05'59.23'' N, long. 076[deg]39'50.85'' W)
SHLBK, MD                    WP                 (Lat. 38[deg]20'16.21'' N, long. 076[deg]26'10.51'' W)
PRNCZ, MD                    WP                 (Lat. 38[deg]37'38.10'' N, long. 076[deg]05'08.20'' W)
Smyrna, DE (ENO)             VORTAC             (Lat. 39[deg]13'53.93'' N, long. 075[deg]30'57.49'' W)
JIIMS, NJ                    WP                 (Lat. 39[deg]32'15.62'' N, long. 074[deg]58'01.72'' W)
Coyle, NJ (CYN)              VORTAC             (Lat. 39[deg]49'02.42'' N, long. 074[deg]25'53.85'' W)
DIXIE, NJ                    FIX                (Lat. 40[deg]05'57.72'' N, long. 074[deg]09'52.17'' W)
Kennedy, NY (JFK)            VOR/DME            (Lat. 40[deg]37'58.40'' N, long. 073[deg]46'17.00'' W)
KEEPM, NY                    FIX                (Lat. 40[deg]50'14.77'' N, long. 073[deg]32'42.58'' W)
Calverton, NY (CCC)          VOR/DME            (Lat. 40[deg]55'46.63'' N, long. 072[deg]47'55.89'' W)
YANTC, CT                    WP                 (Lat. 41[deg]33'22.81'' N, long. 071[deg]59'56.95'' W)
Boston, MA (BOS)             VOR/DME            (Lat. 42[deg]21'26.82'' N, long. 070[deg]59'22.37'' W)
 

* * * * *

    Issued in Washington, DC, on February 6, 2023.
Brian Konie,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-02766 Filed 2-8-23; 8:45 am]
BILLING CODE 4910-13-P


