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[Federal Register Volume 89, Number 40 (Wednesday, February 28, 2024)]
[Rules and Regulations]
[Pages 14579-14581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04031]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2024-0368; Airspace Docket No. 23-AEA-16]
RIN 2120-AA66

Amendment of United States Area Navigation (RNAV) Route Q-97; 
Maine

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the description of United States Area 
Navigation (RNAV) Route Q-97 by

[[Page 14580]]

changing the name of the DLAAY, MD, waypoint (WP) to the BYSEL, MD, WP; 
changing the type of point for the SAWED, VA, and KALDA, VA, route 
points from being listed as a ``Fix'' to a ``WP''; and correcting the 
geographic coordinates listed for the existing route points between the 
JEVED, GA, WP and the Presque Isle, ME (PQI), Very High Frequency 
Omnidirectional Range/Distance Measuring Equipment (VOR/DME) 
navigational aid. The FAA is taking these actions to match the FAA 
National Airspace System Resource (NASR) database information. These 
actions are editorial amendments only and do not alter the alignment, 
dimensions, or operating requirements of Q-97.

DATES: Effective date 0901 UTC, May 16, 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 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 Air Traffic Service (ATS) route structure 
as necessary to preserve the safe and efficient flow of air traffic 
within the National Airspace System.

History

    On July 25, 2023, the FAA published a final rule for Docket No. 
FAA-2023-1276 in the Federal Register (88 FR 47762) amending Q-97 in 
support of the FAA's Northeast Corridor Atlantic Coast Routes (NEC ACR) 
Optimization Project. The amendment removed eight WPs and one Fix from 
the route because they did not denote a turn of one degree or more and 
moved the DLAAY, MD, WP along the route south of its previous position 
to deconflict New York arrival traffic from departures climbing 
southbound on RNAV Routes Q-97 and Q-167. The effective date of those 
amendments was October 5, 2023.
    Subsequent to the amendment of Q-97, the FAA identified a safety 
related issue caused by the similar sounding WP names of the DLAAY WP 
and the ZJAAY, MD, WP that is located approximately 25 nautical miles 
from the DLAAY WP. The similar sounding WP names have caused confusion 
and frequent communication errors between air traffic control and 
flight crews. To eliminate the confusion and potential future 
communications errors, the FAA is changing the DLAAY WP name to the 
BYSEL, MD, WP and keeping the same geographic coordinates for the WP 
position.
    Additionally, since amending Q-97 as noted above, the SAWED, VA, 
Fix and the KALDA, VA, Fix listed in the route description was changed 
from a Fix to a WP in the FAA NASR database. Accordingly, this action 
is updating the type of route point of the SAWED Fix and KALDA Fix in 
the Q-97 description from being listed as a ``Fix'' to a ``WP''.
    Finally, when the final rule for Docket No. FAA-2023-1276 was 
published, the geographic coordinates listed for the route points from 
the TOVAR, FL, WP to the WOPNR, OA, WP were inadvertently repeated for 
the route points extending from the JEVED, GA, WP to the Presque Isle, 
ME, VOR/DME. To correct this error, the FAA is correcting the 
geographic coordinates for the route points extending from the JEVED WP 
to the Presque Isle VOR/DME to match the FAA's NASR database 
information for each point.

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-97 by 
changing the name of the DLAAY, MD, WP to the BYSEL, MD, WP; changing 
the type of point of the SAWED, VA and KALDA, VA, route points from 
``Fix'' to ``WP''; and correcting the geographic coordinates listed for 
the existing route points from the JEVED, GA, WP to the Presque Isle, 
ME, VOR/DME.
    These editorial amendments to the Q-97 description are made to 
ensure the route matches the FAA NASR database information and charted 
depiction of the route. The changed BYSEL WP name, the changed type of 
route point for the SAWED WP and KALDA WP, and the corrected geographic 
coordinates for the route points between the JEVED WP and the Presque 
Isle VOR/DME are listed in the Q-97 description in the regulatory text 
of this final rule.
    Since this action merely involves editorial amendments in the Part 
71 description of U.S. RNAV Route Q-97, and does not involve a change 
in the alignment, dimensions, or operating requirements of that route, 
notice and public procedure under 5 U.S.C. 553(b) are unnecessary.

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

[[Page 14581]]

number of small entities under the criteria of the Regulatory 
Flexibility Act.

Environmental Review

    The FAA has determined that these editorial amendment actions of 
RNAV route Q-97, to match the existing FAA NASR database information 
and charted route depiction, 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). 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 2006 United States Area Navigation Routes.

* * * * *

Q-97 TOVAR, FL to Presque Isle, ME (PQI) [Amended]
TOVAR, FL                                       WP                             (Lat. 26[deg]33'05.09'' N, long. 080[deg]02'19.75'' W)
MALET, FL                                       FIX                            (Lat. 28[deg]41'29.90'' N, long. 080[deg]52'04.30'' W)
DEBRL, FL                                       WP                             (Lat. 29[deg]17'48.73'' N, long. 081[deg]08'02.88'' W)
KENLL, FL                                       WP                             (Lat. 29[deg]34'28.35'' N, long. 081[deg]07'25.26'' W)
PRMUS, FL                                       WP                             (Lat. 29[deg]49'05.67'' N, long. 081[deg]07'20.74'' W)
WOPNR, OA                                       WP                             (Lat. 30[deg]37'36.03'' N, long. 081[deg]04'26.44'' W)
JEVED, GA                                       WP                             (Lat. 31[deg]15'02.60'' N, long. 081[deg]03'40.14'' W)
CAKET, SC                                       WP                             (Lat. 32[deg]31'08.63'' N, long. 080[deg]16'09.21'' W)
ELLDE, NC                                       WP                             (Lat. 34[deg]24'14.57'' N, long. 078[deg]41'50.60'' W)
PAACK, NC                                       WP                             (Lat. 35[deg]55'40.26'' N, long. 077[deg]15'30.99'' W)
SAWED, VA                                       WP                             (Lat. 37[deg]32'00.73'' N, long. 075[deg]51'29.10'' W)
KALDA, VA                                       WP                             (Lat. 37[deg]50'31.06'' N, long. 075[deg]37'35.34'' W)
ZJAAY, MD                                       WP                             (Lat. 38[deg]03'09.95'' N, long. 075[deg]26'34.27'' W)
BYSEL, MD                                       WP                             (Lat. 38[deg]15'02.70'' N, long. 075[deg]16'52.87'' W)
Calverton, NY (CCC)                             VOR/DME                        (Lat. 40[deg]55'46.63'' N, long. 072[deg]47'55.89'' W)
NTMEG, CT                                       WP                             (Lat. 41[deg]16'30.75'' N, long. 072[deg]28'52.08'' W)
VENTE, MA                                       WP                             (Lat. 42[deg]08'24.33'' N, long. 071[deg]53'38.08'' W)
BLENO, NH                                       WP                             (Lat. 42[deg]54'55.00'' N, long. 071[deg]04'43.37'' W)
FRIAR, ME                                       FIX                            (Lat. 44[deg]26'28.93'' N, long. 069[deg]53'04.38'' W)
Presque Isle, ME (PQI)                          VOR/DME                        (Lat. 46[deg]46'27.07'' N, long. 068[deg]05'40.37'' W)
 

* * * * *

    Issued in Washington, DC, on February 21, 2024.
Frank Lias,
Manager, Rules and Regulations Group.
[FR Doc. 2024-04031 Filed 2-27-24; 8:45 am]
BILLING CODE 4910-13-P
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