65592 Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Rules and Regulations 

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–447 Smyrna, DE (ENO) to DLMAR, PA [New] 

Smyrna, DE (ENO) VORTAC (Lat. 39°13′53.93′′ N, long. 075°30′57.49′′ W) 

CHAZR, DE WP (Lat. 39°29′28.14′′ N, long. 075°44′28.13′′ W) 

APEER, MD WP (Lat. 39°37′32.94′′ N, long. 075°50′25.39′′ W) 

REESY, PA WP (Lat. 39°45′27.94′′ N, long. 075°52′07.09′′ W) 

FOLEZ, PA WP (Lat. 39°55′32.76′′ N, long. 075°49′16.49′′ W) 

HOSKR, PA WP (Lat. 40°05′03.94′′ N, long. 075°32′56.13′′ W) 

Pottstown, PA (PTW) VORTAC (Lat. 40°13′20.04′′ N, long. 075°33′36.90′′ W) 

East Texas, PA (ETX) VOR/DME (Lat. 40°34′51.74′′ N, long. 075°41′02.51′′ W) 

DIANO, PA FIX (Lat. 41°00′01.99′′ N, long. 076°13′33.78′′ W) 

Williamsport, PA (FQM) VOR/DME (Lat. 41°20′18.81′′ N, long. 076°46′29.52′′ W) 

DLMAR, PA WP (Lat. 41°41′42.56′′ N, long. 077°25′11.02′′ W) 

T–449 KITHE, PA to Binghamton, NY (CFB) [New] 

KITHE, PA FIX (Lat. 39°48′35.53′′ N, long. 076°17′48.12′′ W) 

Lancaster, PA (LRP) VOR/DME (Lat. 40°07′11.91′′ N, long. 076°17′28.66′′ W) 

Binghamton, NY (CFB) VOR/DME (Lat. 42°09′26.97′′ N, long. 076°08′11.30′′ W) 

T–460 Philipsburg, PA (PSB) to GLYDE, MA [New] 

Philipsburg, PA (PSB) VORTAC (Lat. 40°54′58.53′′ N, long. 077°59′33.78′′ W) 

Williamsport, PA (FQM) VOR/DME (Lat. 41°20′18.81′′ N, long. 076°46′29.52′′ W) 

Hancock, NY (HNK) VOR/DME (Lat. 42°03′47.01′′ N, long. 075°18′58.62′′ W) 

SAGES, NY FIX (Lat. 42°02′46.33′′ N, long. 074°19′10.33′′ W) 

Barnes, MA (BAF) VORTAC (Lat. 42°09′43.05′′ N, long. 072°42′58.32′′ W) 

GLYDE, MA FIX (Lat. 42°16′03.84′′ N, long. 071°48′42.76′′ W) 

* * * * * * * 

T–479 DNVIL, VA to Elkins, WV (EKN) [New] 

DNVIL, VA WP (Lat. 36°33′49.53′′ N, long. 079°19′53.54′′ W) 

PIGGS, VA FIX (Lat. 36°56′01.81′′ N, long. 079°42′40.61′′ W) 

DBRAH, VA WP (Lat. 37°20′34.14′′ N, long. 080°04′10.75′′ W) 

Elkins, WV (EKN) VORTAC (Lat. 38°54′51.97′′ N, long. 080°05′57.38′′ W) 

* * * * * 

Issued in Washington, DC, on September 

18, 2023. 

Karen L. Chiodini, 

Acting Manager, Rules and Regulations 

Group. 

[FR Doc. 2023–20613 Filed 9–22–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2022–0173; Airspace 

Docket No. 19–AAL–59] 

RIN 2120–AA66 

Amendment of United States Area 

Navigation (RNAV) Route T–223; Cape 

Newenham, AK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends United 

States Area Navigation (RNAV) route T– 

223 in the vicinity of Cape Newenham, 

AK, in support of a large and 

comprehensive T-route modernization 

project for the state of Alaska. 

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. 

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: 

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 

lessening the dependency on groundbased navigation. 

History 

The FAA published a NPRM for 

Docket No. FAA–2022–0173 in the 

Federal Register (87 FR 14190; March 

14, 2022), proposing to amend RNAV 

route T–223 in the vicinity of Cape 

Newenham, AK, in support of a large 

and comprehensive T-route 

modernization project for the state of 

Alaska. Interested parties were invited 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Rules and Regulations 65593 

to participate in this rulemaking effort 

by submitting comments on the 

proposal. No comments were received. 

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 7400.11H, 

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 T–223 in the 

vicinity of Cape Newenham, AK, in 

support of a large and comprehensive Troute modernization project for the state 

of Alaska. The amendment is described 

below. 

T–223: T–223 extends between the 

Cape Newenham, AK (EHM), 

Nondirectional Radio Beacon/Distance 

Measuring Equipment (NDB/DME) and 

the Anchorage, AK (TED), Very High 

Frequency Omnidirectional Range/ 

Distance Measuring Equipment (VOR/ 

DME) navigational aids. This action 

amends the route by replacing the Cape 

Newenham, AK (EHM), NDB/DME with 

the new ZIKNI, AK, waypoint (WP). 

Additionally, the NONDA, AK, Fix is 

removed from the route description as it 

is not required to retain the route’s 

structure; however, it will remain in the 

National Airspace System Resource 

database and continue to be depicted on 

the Instrument Flight Rules (IFR) En 

Route 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 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 T–223 in the vicinity of Cape 

Newenham, 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 

■ 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–223 ZIKNI, AK to Anchorage, AK (TED) [Amended] 

ZIKNI, AK WP (Lat. 58°39′21.68′′ N, long. 162°04′13.87′′ W) 

Dillingham, AK (DLG) VOR/DME (Lat. 58°59′39.24′′ N, long. 158°33′07.99′′ W) 

Anchorage, AK (TED) VOR/DME (Lat. 61°10′04.32′′ N, long. 149°57′36.51′′ W) 

* * * * * Issued in Washington, DC, on September 

19, 2023. 

Karen L. Chiodini, 

Acting Manager, Rules and Regulations 

Group. 

[FR Doc. 2023–20627 Filed 9–22–23; 8:45 am] 

BILLING CODE 4910–13–P 


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