
[Federal Register Volume 88, Number 185 (Tuesday, September 26, 2023)]
[Rules and Regulations]
[Pages 65795-65797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20723]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-1295; Airspace Docket No. 23-AEA-04]
RIN 2120-AA66


Amendment of United States Area Navigation (RNAV) Route Q-445; 
Eastern United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends United States Area Navigation (RNAV) route 
Q-445 by removing segments of the route from the PAACK, NC, waypoint 
(WP) to the SHAUP, OA, WP (i.e., OA means Offshore Atlantic). This 
amendment is required because those route segments are unused due to 
multiple other routes in the same area.

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.

[[Page 65796]]


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: Brian Vidis, 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 modifies the 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-2023-1295 in the 
Federal Register (88 FR 37184; June 7, 2023), proposing to amend RNAV 
Q-route Q-445 in the eastern United States. Interested parties were 
invited to participate in this rulemaking effort by submitting written 
comments on the proposal. No comments were received.

Differences From the NPRM

    In the NPRM's description of Q-445, the FAA incorrectly listed the 
route segments being removed between the PAACK, NC, WP to the BRIGS, 
NJ, Fix. The actual route segments being removed are between the PAACK, 
NC, WP and the SHAUP, OA, WP, (i.e., OA means Offshore Atlantic). This 
action corrects the error.

Incorporation by Reference

    United States Area Navigation Routes (Q-routes) are published in 
paragraph 2006 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 amending RNAV route Q-445 and 
removing the segments from the PAACK, NC, WP, to the SHAUP, OA, WP. The 
FAA is retaining the two remaining existing route segments from the 
SHAUP, OA, WP, to the KYSKY, NY, WP. This retention will provide 
aircraft arriving to airports on Cape Cod, MA; Martha's Vineyard, MA; 
and Nantucket, MA with efficient arrival routing by bypassing the heavy 
air traffic in the Philadelphia and New York City areas. The amended Q-
445 description reads: SHAUP, OA, WP; VALPO, OA, WP; KYSKY, NY, WP.
    Full description of the amended route is listed the amendments to 
part 71 set forth below.

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 airspace action of amending RNAV 
route Q-445 in the eastern United States 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 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 part 71 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 65797]]

Paragraph 2006 United States Area Navigation Routes.

* * * * *

Q-445 SHAUP, OA to KYSKY, NY [Amended]
SHAUP, OA                     WP                  (Lat. 39[deg]44'23.91'' N, long. 073[deg]34'33.84'' W)
VALCO, OA                     WP                  (Lat. 40[deg]05'29.86'' N, long. 073[deg]08'22.91'' W)
KYSKY, NY                     WP                  (Lat. 40[deg]46'52.75'' N, long. 072[deg]12'21.45'' W)
 

* * * * *

    Issued in Washington, DC, on September 20, 2023.
Karen L. Chiodini,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2023-20723 Filed 9-25-23; 8:45 am]
BILLING CODE 4910-13-P


