[Federal Register Volume 87, Number 124 (Wednesday, June 29, 2022)]
[Rules and Regulations]
[Pages 38655-38656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13691]



[[Page 38655]]

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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


Establishment of United States Area Navigation (RNAV) Route T-
396; Nome, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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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

[[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

0
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.


Sec.  71.1   [Amended]

0
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[deg]29'06.39'' N, long. 165[deg]15'11.43'' W)
HALUS, AK                    WP                     (Lat. 64[deg]41'43.78'' N, long. 162[deg]04'03.53'' W)
Galena, AK (GAL)             VOR/DME                (Lat. 64[deg]44'17.26'' N, long. 156[deg]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