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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
 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.
 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
 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
 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: 
 
 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