[Federal Register Volume 89, Number 8 (Thursday, January 11, 2024)]
[Rules and Regulations]
[Pages 1793-1795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00069]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-1338; Airspace Docket No. 22-AWP-86]
RIN 2120-AA66


Establishment of United States Area Navigation (RNAV) Route T-401 
in the Vicinity of Paynesville, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes United States Area Navigation (RNAV) 
route T-401 in the vicinity of Paynesville, CA.

DATES: Effective date 0901 UTC, March 21, 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 Administration, 
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Steven Roff, Rules and Regulations

[[Page 1794]]

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 California and 
improves the efficient flow of air traffic within the National Airspace 
System by lessening the dependency on ground-based navigation.

History

    The FAA published a NPRM for Docket No. FAA-2023-1338 in the 
Federal Register (88 FR 39382; June 16, 2023), establishing RNAV route 
T-401 in the vicinity of Paynesville, CA. Interested parties were 
invited to participate in this rulemaking effort by submitting comments 
on the proposal. One comment was received in support of this action. 
The commentor stated ``I support this action because establishing more 
low altitude airways within the NAS enhances the safety of general 
aviation pilots who would otherwise have to operate at higher altitudes 
off airways when IFR.''

Differences From the NPRM

    The NPRM published for Docket No. FAA-2023-1338 in the Federal 
Register (88 FR 39382; June 16, 2023) contained an error in the table 
listing the route points that describe the airway. The table listed the 
route points in order of north to south, this rule corrects this error 
and lists the route points in order of south to north.

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 establishing RNAV route T-401 
in the vicinity of Paynesville, CA. The amendment is described below.
    T-401: T-401 extends between EXTRA, CA, Fix and MARRI, CA, Fix.

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 airspace action of establishing 
RNAV route T-401 in the vicinity of Paynesville, CA, 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

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 6011 United States Area Navigation Routes.

* * * * *

T-401 EXTRA, CA to MARRI, CA [New]
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EXTRA, CA                     FIX                 (Lat. 36[deg]19'39.06'' N, long. 119[deg]13'06.84'' W)
ALTTA, CA                     FIX                 (Lat. 36[deg]33'08.91'' N, long. 119[deg]19'36.45'' W)

[[Page 1795]]

 
NOHIT, CA                     WP                  (Lat. 37[deg]08'36.00'' N, long. 119[deg]23'02.00'' W)
BNAKI, CA                     WP                  (Lat. 37[deg]53'25.61'' N, long. 119[deg]40'02.43'' W)
UNDRR, CA                     WP                  (Lat. 38[deg]05'31.13'' N, long. 119[deg]45'59.22'' W)
OVRRR, CA                     WP                  (Lat. 38[deg]32'14.57'' N, long. 119[deg]46'21.21'' W)
MARRI, CA                     FIX                 (Lat. 38[deg]45'47.21'' N, long. 119[deg]42'00.31'' W)
 

* * * * *

    Issued in Washington, DC, on January 2, 2024.
Frank Lias,
Manager, Airspace and Rules Group.
[FR Doc. 2024-00069 Filed 1-10-24; 8:45 am]
BILLING CODE 4910-13-P