Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Rules and Regulations 65795 

prescribing regulations to assign the use 

of 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 amends 

Class D and Class E airspace in Palm 

Coast, FL, to support instrument flight 

rules (IFR) operations in the area. 

History 

The FAA published a notice of 

proposed rulemaking for Docket No. 

FAA 2023–1479 in the Federal Register 

(88 FR 45825; July 18, 2023), amending 

Class D and Class E airspaces extending 

upward from 700 feet above the surface 

for Flagler Executive Airport, Palm 

Coast, FL. Interested parties were 

invited to participate in this rulemaking 

effort by submitting written comments 

on the proposal to the FAA. No 

comments were received. 

Incorporation by Reference 

Class D and Class E airspace 

designations are published in 

Paragraphs 5000 and 6005, respectively, 

of FAA Order JO 7400.11, Airspace 

Designations and Reporting Points, 

which is incorporated by reference in 14 

CFR 71.1 annually. This document 

amends the current version of that 

order, FAA Order JO 7400.11H, dated 

August 19, 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 Class D airspace and Class E 

airspace extending upward from 700 

feet above the surface for Flagler 

Executive Airport, Palm Coast, FL, by 

increasing the Class D radius to 4.2 

miles (previously 4.0 miles). The Class 

E airspace extending upward from 700 

feet above the surface to 6.7 miles 

(previously 6.5 miles), and the 

geographic coordinates for this airport 

coincide with the FAA’s database. This 

action also updates the airport name to 

Flagler Executive Airport (previously 

Flagler County Airport) and the city 

name to Palm Coast (previously 

Bunnell), as well as replacing the terms 

Notice to Airmen with Notice to Air 

Missions and Airport/Facility Directory 

with Chart Supplement in the Class D 

airspace description. Controlled 

airspace is necessary for the safety and 

management of IFR operations in the 

area. 

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 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 qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5a. 

This airspace action is not expected to 

cause any potentially significant 

environmental impacts, and no 

extraordinary circumstances warrant the 

preparation of an environmental 

assessment. 

Lists 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 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 19, 2023, and 

effective September 15, 2023, is 

amended as follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

ASO FL D Palm Coast, FL [Amended] 

Flagler Executive Airport, FL 

(Lat 29°27′55′′ N, long 81°12′28′′ W) 

That airspace extending upward from the 

surface to and including 1,500 feet MSL 

within a 4.2-mile radius of the Flagler 

Executive Airport. This Class D airspace area 

is effective during the specific dates and 

times established in advance by a Notice to 

Air Missions. The effective date and time 

will be continuously published in the Chart 

Supplement. 

* * * * * 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASO FL E5 Palm Coast, FL [Amended] 

Flagler Executive Airport, FL 

(Lat 29°27′55′′ N, long 81°12′28′′ W) 

That airspace extending upward from 700 

feet above the surface within a 6.7-mile 

radius of Flagler Executive Airport. 

* * * * * 

Issued in College Park, Georgia, on 

September 20, 2023. 

Andreese C. Davis, 

Manager, Airspace & Procedures Team South, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2023–20784 Filed 9–25–23; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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. 


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65796 Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Rules and Regulations 

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 Qroute 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 

■ 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. 

§ 71.1 [Amended] 

■ 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: 


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Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Rules and Regulations 65797 

Paragraph 2006 United States Area 

Navigation Routes. 

* * * * * 

Q–445 SHAUP, OA to KYSKY, NY [Amended] 

SHAUP, OA WP (Lat. 39°44′23.91′′ N, long. 073°34′33.84′′ W) 

VALCO, OA WP (Lat. 40°05′29.86′′ N, long. 073°08′22.91′′ W) 

KYSKY, NY WP (Lat. 40°46′52.75′′ N, long. 072°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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2023–1785; Amendment 

No. 71–55] 

RIN 2120–AA66 

Airspace Designations; Incorporation 

by Reference Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule, administrative 

correction. 

SUMMARY: This action incorporates 

certain airspace designation 

amendments into FAA Order JO 

7400.11H, dated August 11, 2023, and 

effective September 15, 2023, for 

incorporation by reference. 

DATES: Effective date 0901 UTC 

September 26, 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 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: 

Sarah A. Combs, 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 makes the 

necessary updates for airspace areas 

within the National Airspace System. 

History 

Federal Aviation Administration 

Airspace Order JO 7400.11, Airspace 

Designations and Reporting Points, 

incorporated by reference in 14 CFR 

71.1, is published yearly. Amendments 

referred to as ‘‘effective date straddling 

amendments’’ were published under 

Order JO 7400.11G (dated August 19, 

2022, and effective September 15, 2022) 

but became effective under Order JO 

7400.11H (dated August 11, 2023, and 

effective September 15, 2023). This 

action incorporates these rules into the 

current FAA Order JO 7400.11H. 

Accordingly, as this is an 

administrative correction to update final 

rule amendments into FAA Order JO 

7400.11H, notice and public procedure 

under 5 U.S.C. 553(b) are unnecessary. 

Also, to bring these rules and legal 

descriptions current, I find that good 

cause exists, under 5 U.S.C. 553(d), for 

making this amendment effective in less 

than 30 days. 

Incorporation by Reference 

This document amends FAA Order JO 

7400.11H, 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 

incorporating certain final rules into the 

current FAA Order JO 7400.11H, 

Airspace Designations and Reporting 

Points, dated August 11, 2023, and 

effective September 15, 2023, which are 

depicted on aeronautical charts. 

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. 

Corrections 

■ 1. For Docket No. FAA–2023–0443; 

Airspace Docket No. 22–AGL–21 (88 FR 

36935; June 6, 2023). 

Correction 

■ a. In the final rule amending 14 CFR 

part 71 published on June 6, 2023 (88 

FR 36935) for each instance of the 

words ‘‘FAA Order JO 7400.11G, 

Airspace Designations and Reporting 

Points, dated August 19, 2022, and 

effective September 15, 2022’’ remove 

those words and add in their place 

‘‘FAA Order JO 7400.11H, Airspace 

Designations and Reporting Points, 


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