[Federal Register Volume 88, Number 225 (Friday, November 24, 2023)]
[Rules and Regulations]
[Pages 82248-82250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25853]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-1296; Airspace Docket No. 23-ANE-2]
RIN 2120-AA66


Amendment of Canadian Area Navigation Routes Q-907 and Q-951, and 
Establishment of United States Area Navigation (RNAV) Route T-739; 
Eastern United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends high altitude Canadian Area Navigation 
routes Q-907 and Q-951; and establishes United States (U.S.) Area 
Navigation (RNAV) route T-739, in support of the FAA's Very High 
Frequency Omnidirectional Range (VOR) Minimum Operational Network (MON) 
Program. The purpose is to enhance the efficiency of the National 
Airspace System (NAS) by transitioning from ground-based navigation 
aids to a satellite-based navigation system.

DATES: Effective date 0901 UTC, January 25, 2024. 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

[[Page 82249]]

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 will expand the availability of RNAV routing in the 
eastern United States and improve the efficient flow of air traffic 
within the NAS by lessening the dependency on ground-based navigation.

History

    The FAA published a NPRM for Docket No. FAA-2023-1296 in the 
Federal Register (88 FR 37182; June 7, 2023), proposing to amend 2 high 
altitude Canadian Area Navigation routes and establish 1 U.S. RNAV 
route in support of transitioning the NAS from a ground-based to a 
satellite-based navigation system. Interested parties were invited to 
participate in this rulemaking effort by submitting written comments on 
the proposal to the FAA. No comments were received.

Differences From the NPRM

    Subsequent to the NPRM, minor amendments to the geographic 
coordinates for the TALNO, NY, Waypoint (WP) and DANOL, ME, WP were 
made that do not substantively alter the proposed route. The TALNO, WP 
is updated from ``lat. 44[deg]59'35.12'' N, long. 074[deg]21'35.70'' 
W'' to ``lat. 44[deg]59'35.11'' N, long. 074[deg]21'35.70'' W''. The 
DANOL, WP is updated from ``lat. 45[deg]41'49.50'' N, long. 
067[deg]48'11.94'' W'' to ``lat. 45[deg]41'49.51'' N, long. 
067[deg]48'11.94'' W''.
    Additionally, the DAVDA, NY, WP was added to the legal description 
of RNAV route T-739 as it is a turn of more than one degree, but it 
does not substantively alter the route.

Incorporation by Reference

    High altitude Canadian Area Navigation routes are published in 
paragraph 2007 and 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 to amend Canadian Area Navigation 
routes Q-907 and Q-951; and to establish United States Area Navigation 
route T-739, in cooperation with NAV CANADA for replacement of Computer 
Notification Fixes (CNF). Replacement fixes are relocated to lie on the 
U.S./Canada border. This action is in support of the FAA's VOR MON 
Program. The purpose is to enhance the efficiency of the NAS by 
transitioning from ground-based navigation aids to a satellite-based 
navigation system. The proposed changes are described below.
    Q-907: Q-907 is an amended route that extends between the POSTS, 
MI, WP and the IMAMA, ME, WP. This amended route replaces CNFs with 
pronounceable WP names and moves multiple WPs to lie on the U.S./Canada 
border.
    Q-951: Q-951 is an amended route that extends between the POSTS, 
MI, WP and the DANOL, ME, WP. This amended route replaces CNFs with 
pronounceable WP names and moves multiple WPs to lie on the U.S./
Canadian border.
    T-739: T-739 is a new route that extends between the KATEK, NY, WP 
and the DANOL, ME, WP. This route overlays a portion of VOR Federal 
airway V-300 from the CAMPO, ME, WP to the DANOL WP.

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.

Environmental Review

    The FAA has determined that this action of establishing high 
altitude Canadian Area Navigation routes Q-907 and Q-951; and 
establishing United States (U.S.) Area Navigation (RNAV) route T-739, 
to provide additional RNAV routing within the NAS in support of 
transitioning it from ground-based to satellite-based navigation, 
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 airspace action is not expected to cause 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.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

[[Page 82250]]

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 
7400.11H, Airspace Designations and Reporting Points, dated August 11, 
2023, and effective September 15, 2023, is amended as follows:

Paragraph 2007 Canadian Area Navigation Routes.

* * * * *

Q-907 POSTS, MI to IMAMA, ME [Amended]
 
POSTS, MI                                       WP                             (Lat. 42[deg]18'00.00'' N, long. 085[deg]02'00.00'' W)
PADDE, MI                                       WP                             (Lat. 42[deg]17'09.00'' N, long. 084[deg]28'28.00'' W)
Salem, MI (SVM)                                 VORTAC                         (Lat. 42[deg]24'31.11'' N, long. 083[deg]35'38.05'' W)
GADAV, MI                                       WP                             (Lat. 42[deg]42'27.47'' N, long. 082[deg]29'24.66'' W)
ATENE, ME                                       WP                             (Lat. 46[deg]14'15.18'' N, long. 070[deg]15'28.92'' W)
IMAMA, ME                                       WP                             (Lat. 46[deg]44'09.51'' N, long. 067[deg]47'20.94'' W)
Excluding the airspace within Canada
 
                                                                      * * * * * * *
Q-951 POSTS, MI to DANOL, ME [Amended]
 
POSTS, MI                                       WP                             (Lat. 42[deg]18'00.00'' N, long. 085[deg]02'00.00'' W)
PADDE, MI                                       WP                             (Lat. 42[deg]17'09.00'' N, long. 084[deg]28'28.00'' W)
Salem, MI (SVM)                                 VORTAC                         (Lat. 42[deg]24'31.11'' N, long. 083[deg]35'38.05'' W)
GADAV, MI                                       WP                             (Lat. 42[deg]42'27.47'' N, long. 082[deg]29'24.66'' W)
KATEK, NY                                       WP                             (Lat. 44[deg]40'45.38'' N, long. 075[deg]32'22.66'' W)
DAVDA, NY                                       WP                             (Lat. 44[deg]43'27.00'' N, long. 075[deg]22'28.20'' W)
SSENA, NY                                       WP                             (Lat. 44[deg]54'51.43'' N, long. 074[deg]43'21.31'' W)
TALNO, NY                                       WP                             (Lat. 44[deg]59'35.11'' N, long. 074[deg]21'35.70'' W)
KERVO, ME                                       WP                             (Lat. 45[deg]26'41.75'' N, long. 070[deg]39'02.77'' W)
DANOL, ME                                       WP                             (Lat. 45[deg]41'49.51'' N, long. 067[deg]48'11.94'' W)
Excluding the airspace within Canada
 

* * * * *

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-739 KATEK, MD to DANOL, ME [New]
 
KATEK, NY                                       WP                             (Lat. 44[deg]40'45.38'' N, long. 075[deg]32'22.66'' W)
DAVDA, NY                                       WP                             (Lat. 44[deg]43'27.00'' N, long. 075[deg]22'28.20'' W)
SSENA, NY                                       WP                             (Lat. 44[deg]54'51.43'' N, long. 074[deg]43'21.31'' W)
TALNO, NY                                       WP                             (Lat. 44[deg]59'35.11'' N, long. 074[deg]21'35.70'' W)
KERVO, ME                                       WP                             (Lat. 45[deg]26'41.75'' N, long. 070[deg]39'02.77'' W)
CAMPO, ME                                       WP                             (Lat. 45[deg]26'49.95'' N, long. 070[deg]20'54.73'' W)
Millinocket, ME (MLT)                           VOR/DME                        (Lat. 45[deg]35'12.15'' N, long. 068[deg]30'55.67'' W)
DANOL, ME                                       WP                             (Lat. 45[deg]41'49.51'' N, long. 067[deg]48'11.94'' W)
Excluding the airspace within Canada
 

* * * * *

    Issued in Washington, DC, on November 17, 2023.
Karen L. Chiodini,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2023-25853 Filed 11-22-23; 8:45 am]
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