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 Department of Transportation Federal Aviation Administration 14 CFR Part 71
[Docket No. FAA-2021-0863; Airspace Docket No. 21-AAL-21]
RIN 2120-AA66
 AGENCY: Federal Aviation Administration (FAA), DOT.
 ACTION: Final rule.
 SUMMARY: This action establishes United States Area Navigation (RNAV) route T-396 in the vicinity of Nome, AK in support of a large and comprehensive T-route modernization project for the state of Alaska.
 DATES: Effective date 0901 UTC, September 8, 2022. 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: FAA Order JO 7400.11F, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at 
                        *https://www.faa.gov/​air_​traffic/​publications/​.*
                         For further information, you can contact the Rules and Regulations Group, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-8783.
 FOR FURTHER INFORMATION CONTACT: Jesse Acevedo, 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 improve the efficient flow of air traffic within the National Airspace System by lessening the dependency on ground based navigation. History The FAA published a notice of proposed rulemaking for Docket No. FAA-2021-0863 in the 
                    **Federal Register**
                     (86 FR 58823; October 25, 2021), establishing United States Area Navigation (RNAV) route T-396 in the vicinity of Nome, AK in support of a large and comprehensive T-route modernization project for the state of Alaska. Interested parties were invited to participate in this rulemaking effort by submitting comments on the proposal. There were no comments received. United States Area Navigation Routes are published in paragraph 6011 of FAA Order JO 7400.11F dated August 10, 2021 and effective September 15, 2021, which is incorporated by reference in 14 CFR 71.1. The RNAV route listed in this document would be published subsequently in FAA Order JO 7400.11F. Differences From the NPRM Subsequent to the publication of the NPRM for Docket No. FAA-2021-0863 in the 
                    **Federal Register**
                     (86 FR 58823; October 25, 2021), establishing United States Area Navigation (RNAV) route T-396 in the vicinity of Nome, AK, the FAA determined it was necessary to relocate the HALUS waypoint (WP), to address instrument flight procedure concerns related to two points (
                    *i.e.,*
                     fix, navigational aid, waypoints) being located too close to one another. As a result, the latitude/long geographic coordinates for the HALUS WP are changed from what was proposed in the NPRM. This change moves the WP by approximately 600-feet from the location as proposed in the NPRM. The regulatory text in this action incorporates these changes. Availability and Summary of Documents for Incorporation by Reference This document amends FAA Order JO 7400.11F, Airspace Designations and Reporting Points, dated August 10, 2021, and effective September 15, 2021. FAA Order JO 7400.11F is publicly available as listed in the 
                    **ADDRESSES**
                     section of this document. FAA Order JO 7400.11F 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-396 in the vicinity of Nome, AK in support of a large and comprehensive T-route modernization project for the state of Alaska. The route is described below. *T-396:*
                     This action establishes T-396 from the Nome, AK, (OME) VHF Omnidirectional Range/Distance Measuring Equipment (VOR/DME) to the Galena, AK, (GAL) VOR/DME. FAA Order JO 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15. Regulatory Notices and Analyses The FAA 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 determined that this airspace action of establishing RNAV route T-396 in the vicinity of Nome, 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 
                    ( print page 38656)
                    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 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 71.1 of FAA Order JO 7400.11F, Airspace Designations and Reporting Points, dated August 10, 2021, and effective September 15, 2021, is amended as follows: Paragraph 6011 United States Area Navigation Routes. 
 **T-396 Nome, AK (OME) to Galena, AK (GAL) [New]**Nome, AK (OME)
VOR/DME
(Lat. 64°29′06.39′′ N, long. 165°15′11.43′′ W)HALUS, AK
WP
(Lat. 64°41′43.78′′ N, long. 162°04′03.53′′ W)Galena, AK (GAL)
VOR/DME
(Lat. 64°44′17.26′′ N, long. 156°46′37.69′′ W)
 
 Issued in Washington, DC, on June 22, 2022. Scott M. Rosenbloom, Manager, Airspace Rules and Regulations.


[FR Doc. 2022-13691 Filed 6-28-22; 8:45 am] BILLING CODE 4910-13-P