Amendment of United States Area Navigation (RNAV) Route T-260 in the Vicinity of Nome, AK, 47369-47370 [2023-15587]

Download as PDF Federal Register / Vol. 88, No. 140 / Monday, July 24, 2023 / Rules and Regulations * * * * * 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: Issued in Washington, DC, on July 18, 2023. Karen L. Chiodini, Acting Manager, Airspace Rules and Regulations. [FR Doc. 2023–15590 Filed 7–21–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2022–0434; Airspace Docket No. 19–AAL–69] RIN 2120–AA66 Amendment of United States Area Navigation (RNAV) Route T–260 in the Vicinity of Nome, AK Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This action amends United States Area Navigation (RNAV) route T– 260, in the vicinity of Nome, AK. The RNAV route amendments are necessary due to the planned decommissioning of the Non-Directional Beacon (NDB) portion of the Tin City, AK (TNC), NDB/ Distance Measuring Equipment (NDB/ DME) and the Point Hope, AK, (PHO) NDB. Although the Tin City, AK, (TNC) NDB will decommission, the co-located Distance Measuring Equipment (DME) will remain for use within the National Airspace System (NAS). DATES: Effective date 0901 UTC, October 5, 2023. 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 7400.11G, 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. lotter on DSK11XQN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 15:56 Jul 21, 2023 Jkt 259001 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 modify the route structure as necessary to preserve the safe and efficient flow of air traffic within the National Airspace System (NAS). History The FAA published a notice of proposed rulemaking for Docket No. FAA 2022–0434 in the Federal Register (87 FR 24903; April 27, 2022), proposing to amend RNAV route T–260. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal. No comments were received. Differences From the NPRM The route description proposed in the NPRM was inadvertently listed in the incorrect order. In accordance with FAA Order JO 7400.11, points in route descriptions must be listed from west to east for even numbered routes and south to north for odd numbered routes. The final rule includes the route description in the correct order. This is an administrative change that does not make any substantive changes to the route description. 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 7400.11G, dated August 19, 2022 and effective September 15, 2022. FAA Order JO 7400.11G is publicly available as listed in the ADDRESSES section of this PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 47369 document. These amendments will be published in the next update to FAA Order JO 7400.11. FAA Order JO 7400.11G 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 T–260 in the vicinity of Nome, AK, in support of a large and comprehensive T-Route modernization project in the state of Alaska. The route amendment replaces the Tin City, AK, and Point Hope, AK, NDBs with the FEDEV and VANTY waypoints (WP), respectively due to the decommissioning of the NDBs and removes the COGNU WP due to it not being required. The RNAV T-route amendment action is described below. T–260: T–260 extends between the Nome, AK, Very High Frequency Omnidirectional Range/Distance Measuring Equipment (VOR/DME) and the Vanty, AK, waypoint. T–260 no longer includes COGNU, AK, waypoint on its route description. 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 action of amending RNAV route T–260, near Nome, AK due to the planned decommissioning of the NDB portion of the Tin City, AK (TNC), NDB/DME and the Point Hope, AK, (PHO) NDB. 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 E:\FR\FM\24JYR1.SGM 24JYR1 47370 Federal Register / Vol. 88, No. 140 / Monday, July 24, 2023 / Rules and Regulations 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– 6.5.i., which categorically excludes from further environmental impact 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. Lists 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 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. § 71.1 [Amended] 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–260 VANTY, AK to NOME, AK (OME) [Amended] VANTY, AK WP (Lat. 68°20′40.64″ N, long. 166°48′09.96″ W) FEDEV, AK WP (Lat. 65°33′37.84″ N, long. 167°55′18.90″ W) Nome, AK (OME) VOR/DME (Lat. 64°29′06.39″ N, long. 165°15′11.43″ W) * * * * * Issued in Washington, DC, on July 18, 2023. Karen L. Chiodini, Acting Manager, Airspace Rules and Regulations. [FR Doc. 2023–15587 Filed 7–21–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF EDUCATION 34 CFR Chapter VI [Docket ID ED–2021–OS–0107] Federal Preemption and Joint FederalState Regulation and Oversight of the Department of Education’s Federal Student Loan Programs and Federal Student Loan Servicers Office of the Secretary, Department of Education. ACTION: Final interpretation. AGENCY: The U.S. Department of Education (Department) issues this final interpretation, which revises and supersedes its interpretation published on August 12, 2021 (the 2021 interpretation). This interpretation revises and clarifies the Department’s position on the legality of State laws and regulations that govern various aspects of the servicing of Federal student loans, such as preventing unfair or deceptive practices, correcting misapplied payments, or addressing refusals to communicate with lotter on DSK11XQN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 15:56 Jul 21, 2023 Jkt 259001 borrowers. The Department concludes that these State laws are preempted by the Higher Education Act of 1965, as amended (HEA) and other applicable Federal laws only in limited and discrete respects, as further discussed in this interpretation. This interpretation will help facilitate close coordination between the Department and its State partners to further enhance both servicer accountability and borrower protections. DATES: This final interpretation is effective July 24, 2023. FOR FURTHER INFORMATION CONTACT: Beth Grebeldinger, U.S. Department of Education, Federal Student Aid, 830 First Street NE, Room 113F4, Washington, DC 20202. Telephone: 202–377–4018. Email: Beth.Grebeldinger@ed.gov. If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1–800–877–8339. SUPPLEMENTARY INFORMATION: Background On August 12, 2021, the Department published the 2021 interpretation in the Federal Register. We invited comment on this interpretation because we value the public’s input and perspective on these critical issues. We considered all the comments we received, and we decided to revise the 2021 interpretation in certain respects, as discussed below. This interpretation revises and supersedes the 2021 interpretation with PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 respect to State regulation of the servicing of loans under both the William D. Ford Federal Direct Loan Program (Direct Loans) and the Federal Family Education Loan Program (FFEL Loans). Public Comment: In response to our invitation to comment on the 2021 interpretation, 14 parties submitted substantive comments, and we received 1 comment that was unrelated to the interpretation. Analysis of Comments and Changes: An analysis of the comments and any changes in the interpretation since publication of the 2021 interpretation follows. We do not address comments that raised concerns not directly related to the 2021 interpretation. Various technical and typographical edits have also been made as needed. Comments: Several commenters suggested that we should specify that the revised interpretation supersedes not only the 2018 interpretation but also any statements by the Department either before or since that are inconsistent with this interpretation. Discussion: We note that after publication of the 2018 interpretation there were statements by Department officials which were consistent with that interpretation. While those statements do not have any current legal import, we agree with the commenters that it is important to make clear that this interpretation supersedes any of those statements that are not consistent with this interpretation to ensure an accurate and consistent presentation of E:\FR\FM\24JYR1.SGM 24JYR1

Agencies

[Federal Register Volume 88, Number 140 (Monday, July 24, 2023)]
[Rules and Regulations]
[Pages 47369-47370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15587]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0434; Airspace Docket No. 19-AAL-69]
RIN 2120-AA66


Amendment of United States Area Navigation (RNAV) Route T-260 in 
the Vicinity of Nome, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action amends United States Area Navigation (RNAV) route 
T-260, in the vicinity of Nome, AK. The RNAV route amendments are 
necessary due to the planned decommissioning of the Non-Directional 
Beacon (NDB) portion of the Tin City, AK (TNC), NDB/Distance Measuring 
Equipment (NDB/DME) and the Point Hope, AK, (PHO) NDB. Although the Tin 
City, AK, (TNC) NDB will decommission, the co-located Distance 
Measuring Equipment (DME) will remain for use within the National 
Airspace System (NAS).

DATES: Effective date 0901 UTC, October 5, 2023. 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 7400.11G, 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 modify the route structure as necessary to 
preserve the safe and efficient flow of air traffic within the National 
Airspace System (NAS).

History

    The FAA published a notice of proposed rulemaking for Docket No. 
FAA 2022-0434 in the Federal Register (87 FR 24903; April 27, 2022), 
proposing to amend RNAV route T-260. Interested parties were invited to 
participate in this rulemaking effort by submitting written comments on 
the proposal. No comments were received.

Differences From the NPRM

    The route description proposed in the NPRM was inadvertently listed 
in the incorrect order. In accordance with FAA Order JO 7400.11, points 
in route descriptions must be listed from west to east for even 
numbered routes and south to north for odd numbered routes. The final 
rule includes the route description in the correct order. This is an 
administrative change that does not make any substantive changes to the 
route description.

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 7400.11G, dated August 19, 2022 and effective September 15, 
2022. FAA Order JO 7400.11G 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 7400.11G 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 T-260 in 
the vicinity of Nome, AK, in support of a large and comprehensive T-
Route modernization project in the state of Alaska. The route amendment 
replaces the Tin City, AK, and Point Hope, AK, NDBs with the FEDEV and 
VANTY waypoints (WP), respectively due to the decommissioning of the 
NDBs and removes the COGNU WP due to it not being required.
    The RNAV T-route amendment action is described below.
    T-260: T-260 extends between the Nome, AK, Very High Frequency 
Omnidirectional Range/Distance Measuring Equipment (VOR/DME) and the 
Vanty, AK, waypoint. T-260 no longer includes COGNU, AK, waypoint on 
its route description.

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 action of amending RNAV route T-
260, near Nome, AK due to the planned decommissioning of the NDB 
portion of the Tin City, AK (TNC), NDB/DME and the Point Hope, AK, 
(PHO) NDB. 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

[[Page 47370]]

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 5-6.5.i., which categorically 
excludes from further environmental impact 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.

Lists 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 
7400.11G, 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-260 VANTY, AK to NOME, AK (OME) [Amended]
 
VANTY, AK                     WP                  (Lat. 68[deg]20'40.64'' N, long. 166[deg]48'09.96'' W)
FEDEV, AK                     WP                  (Lat. 65[deg]33'37.84'' N, long. 167[deg]55'18.90'' W)
Nome, AK (OME)                VOR/DME             (Lat. 64[deg]29'06.39'' N, long. 165[deg]15'11.43'' W)
 

* * * * *

    Issued in Washington, DC, on July 18, 2023.
Karen L. Chiodini,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-15587 Filed 7-21-23; 8:45 am]
BILLING CODE 4910-13-P
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