AGENCY:
Federal Aviation Administration (FAA), DOT.
ACTION:
Notice of proposed rulemaking (NPRM).
SUMMARY:
This action proposes to amend United States Area Navigation (RNAV) route, T–302, in the vicinity of Acequia, ID to increase the RNAV route's lateral separation from Restricted Area 3203 (R–3203). This proposal will also increase the lateral separation between T–302, parachute activities at Nampa Municipal Airport (MAN) and Caldwell Executive Airport in Idaho (EUL).
DATES:
Comments must be received on or before September 5, 2023.
ADDRESSES:
Send comments identified by FAA Docket No. [FAA–2023–1548] and Airspace Docket No. [22–ANM–62] using any of the following methods:
* Federal eRulemaking Portal: Go to www.regulations.gov and follow the online instructions for sending your comments electronically.
* Mail: Send comments to Docket Operations, M–30; U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12–140, West Building Ground Floor, Washington, DC 20590–0001.
* Hand Delivery or Courier: Take comments to Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
* Fax: Fax comments to Docket Operations at (202) 493–2251.
Docket: Background documents or comments received may be read at www.regulations.gov at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FAA Order JO 7400.11G, 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 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 would increase the efficiency and safety of the flow of air traffic within the National Airspace System (NAS).
Comments Invited
The FAA invites interested persons to participate in this rulemaking by submitting written comments, data, or views. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should submit only one time if comments are filed electronically, or commenters should send only one copy of written comments if comments are filed in writing.
The FAA will file in the docket all comments it receives, as well as a report summarizing each substantive public contact with FAA personnel concerning this proposed rulemaking. Before acting on this proposal, the FAA will consider all comments it receives on or before the closing date for comments. The FAA will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. The FAA may change this proposal in light of the comments it receives.
Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at www.dot.gov/privacy.
Availability of Rulemaking Documents
An electronic copy of this document may be downloaded through the internet at www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA's web page at www.faa.gov/air_traffic/publications/airspace_amendments/.
You may review the public docket containing the proposal, any comments received and any final disposition in person in the Dockets Operations office (see ADDRESSES section for address, phone number, and hours of operations). An informal docket may also be examined during normal business hours at the office of the Western Service Center, Operations Support Group, Federal Aviation Administration, 2200 South 216th St., Des Moines, WA 98198.
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 proposes to amend the current version of that order, FAA Order JO 7400.11G, dated August 19, 2022, and effective September 15, 2022. These updates would be published in the next update to FAA Order JO 7400.11. That order is publicly available as listed in the ADDRESES section of this document.
FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.
Background
Federal airways must have three Nautical miles of separation between the airway centerline and the border of active Special Use Airspace (SUA), which includes Restricted Areas. The protected airspace for the portion of T–302, between ADXEX, ID, Waypoint (WP), and ALKAL, ID, WP, overlies R–3203 by approximately one-half nautical mile. This makes T–302 unusable when the restricted area is active. This proposal would increase the separation between T–302 and R–3203 by adding CANEK, ID, FIX, to the airway, allowing the use of T–302 when R–3203 is active. Currently, ALKAL, ID, WP, is a part of T–302 but not included in the legal description. The inclusion was not required due to the directional change being less than one degree. With the addition of CANEK, ID, FIX, the directional change of ALKAL, ID, WP, would be more than one degree and, as amended, would be included in the legal description.
Additionally, this action proposes to remove PARMO, ID, WP, from the T–302 airway to increase the separation between T–302 and parachute activities at Nampa Municipal Airport and Caldwell Executive Airport.
The Proposal
The FAA is proposing an amendment to 14 CFR part 71 to amend RNAV route T–302 in the vicinity of Acequia, ID to increase the airways lateral separation from Restricted Area 3203 and parachute activities Nampa Municipal Airport and Caldwell Executive Airport.
T–302: The FAA proposes to add ALKAL, ID, WP, to the airway description. Additionally, the FAA proposes to add CANEK, ID, WP between ADEXE, ID, WP and ALKAL, ID, WP. Lastly, the FAA proposes to remove PARMO, ID, Fix, from the airway description.
Regulatory Notices and Analyses
The FAA has determined that this proposed 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 will only affect air traffic procedures and air navigation, it is certified that this proposed rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.
Environmental Review
This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures” prior to any FAA final regulatory action.
List of Subjects in 14 CFR Part 71
- Airspace
- Incorporation by reference
- Navigation (air)
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation Administration proposes to amend 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 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.
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO 7400.11G, Airspace Designations and Reporting Points, dated August 19, 2022, and effective September 15, 2022, is amended as follows:
Paragraph 6011 United States Area Navigation Routes.
T–302 CUKIS, OR to GRIFT, IL | ||
CUKIS, OR | WP | (Lat. 45°20′59.59″ N, long. 122°21′49.41″ W) |
JJETT, OR | WP | (Lat. 44°56′35.43″ N, long. 121°40′56.36″ W) |
CUPRI, OR | FIX | (Lat. 44°37′03.76″ N, long. 121°15′13.89″ W) |
ZUDMI, OR | WP | (Lat. 44°19′59.29″ N, long. 120°28′10.92″ W) |
Wildhorse, OR (ILR) | VOR/DME | (Lat. 43°35′35.27″ N, long. 118°57′18.18″ W) |
JOSTN, OR | WP | (Lat. 43°34′16.92″ N, long. 117°53′51.34″ W) |
UKAYI, ID | WP | (Lat. 43°46′57.60″ N, long. 117°05′24.14″ W) |
ADEXE, ID | WP | (Lat. 43°30′16.79″ N, long. 116°26′53.72″ W) |
CANEK, ID | FIX | (Lat. 43°18′57.88″ N, long. 115°48′28.06″ W) |
ALKAL, ID | FIX | (Lat. 43°00′58.35″ N, long. 115°19′41.26″ W) |
FEVDO, ID | WP | (Lat. 42°53′48.88″ N, long. 115°02′00.30″ W) |
TOXEE, ID | FIX | (Lat. 42°41′41.81″ N, long. 114°27′13.10″ W) |
JADUP, ID | WP | (Lat. 42°44′32.00″ N, long. 113°42′15.22″ W) |
MIKAE, WY | WP | (Lat. 42°06′36.88″ N, long. 110°35′59.28″ W) |
BXTER, WY | WP | (Lat. 41°53′13.97″ N, long. 110°04′52.38″ W) |
EEBEE, WY | WP | (Lat. 41°44′07.05″ N, long. 109°35′10.21″ W) |
REGVE, WY | WP | (Lat. 41°38′35.07″ N, long. 109°20′30.96″ W) |
Rock Springs, WY (OCS) | VOR/DME | (Lat. 41°35′24.76″ N, long. 109°00′55.18″ W) |
FIKLA, WY | WP | (Lat. 41°56′20.50″ N, long. 106°57′11.03″ W) |
Medicine Bow, WY (MBW) | VOR/DME | (Lat. 41°50′43.88″ N, long. 106°00′15.42″ W) |
Scottsbluff, NE (BFF) | VORTAC | (Lat. 41°53′38.99″ N, long. 103°28′55.31″ W) |
WAKPA, NE | WP | (Lat. 42°03′21.64″ N, long. 103°04′57.99″ W) |
Alliance, NE (AIA) | VOR/DME | (Lat. 42°03′20.27″ N, long. 102°48′16.00″ W) |
MARSS, NE | FIX | (Lat. 42°27′48.92″ N, long. 100°36′15.32″ W) |
PUKFA, NE | WP | (Lat. 42°22′59.52″ N, long. 099°59′36.42″ W) |
GIYED, NE | FIX | (Lat. 42°30′22.02″ N, long. 099°08′05.55″ W) |
LLUKY, NE | WP | (Lat. 42°29′20.26″ N, long. 098°38′11.44″ W) |
KAATO, IA | WP | (Lat. 42°35′06.89″ N, long. 095°58′53.08″ W) |
ROKKK, IA | WP | (Lat. 42°37′00.00″ N, long. 094°04′03.00″ W) |
Waterloo, IA (ALO) | VOR/DME | (Lat. 42°33′23.39″ N, long. 092°23′56.13″ W) |
Dubuque, IA (DBQ) | VORTAC | (Lat. 42°24′05.29″ N, long. 090°42′32.68″ W) |
JOOLZ, IL | WP | (Lat. 42°20′41.49″ N, long. 090°12′12.00″ W) |
GRIFT, IL | WP | (Lat. 42°17′28.14″ N, long. 088°53′41.42″ W) |
Issued in Washington, DC, on July 13, 2023.
Karen Chiodini,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023–15208 Filed 7–18–23; 8:45 am]
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