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 updates the route structure as necessary to preserve the safe and efficient flow of air traffic within the National Airspace System (NAS).

History

A third-party survey of the location of the Thedford, NE, VOR/DME discovered that the published coordinates were incorrect. There was a discrepancy of 344 feet between the former coordinates and the correct coordinates. The Thedford VOR/DME is listed in the legal descriptions of RNAV Routes T-285 and T-286. This rule corrects the coordinates for the Thedford VOR/DME in the descriptions of these two routes.

Incorporation by Reference

United States Area Navigation Routes areas 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 7400.11K, dated August 4, 2025, and effective September 15, 2025. These amendments will be published in the next update to FAA Order JO 7400.11. FAA Order JO 7400.11K, which lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points, is publicly available as listed in the ADDRESSES section of this document.

The Rule

This action amends 14 CFR part 71 by updating the geographical coordinates of the Thedford, NE, VOR/DME in the legal descriptions of RNAV Routes T-285 and T-286 in the vicinity of Thedford, NE. Specifically, the geographic coordinates for the Thedford VOR/DME are updated from “lat. 41°58′53.99″ N, long. 100°43′08.55″ W” to “lat. 41°58′54.04″ N, long. 100°43′13.08″ W”

Good Cause for Bypassing and Comment

The Administrative Procedure Act (APA) authorizes agencies to dispense with ordinary notice and comment requirements for rules when the agency for “good cause” finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” 5 U.S.C. 553(b)(B). This rule updates the geographical coordinates of the Thedford, NE, VOR/DME in the legal descriptions of RNAV Routes T-285 and T-286. This action will not impose any additional substantive restrictions or requirements on the persons affected by these regulations as it only updates the coordinates of an already established Navigational Aid. The action constitutes “a routine determination, insignificant in nature and impact, and inconsequential to the industry and to the public.” Mack Trucks, Inc. v. EPA, 682 F.3d 87, 94 (D.C. Cir. 2012). Therefore, the FAA finds good cause that notice and public procedure under 5 U.S.C. 553(b) is 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 ( printed page 48249) Executive Order 12866; (2) is not a “significant rule” under DOT Order 2100.6B, “Rulemaking and Guidance Procedure” (March 10, 2025); and (3) is expected to impose, at most, de minimis costs. 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 geographical coordinates of the Thedford VOR/DME in the legal descriptions of RNAV Routes T-285 and T-286 qualifies for categorical exclusion under the National Environmental Policy Act (42 U.S.C. 4321 et seq.) and FAA Order 1050.1G, FAA National Environmental Policy Act Implementing Procedures, paragraph B-2.5(a) 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 paragraph B-2.5(k), which categorically excludes from further environmental impact review the publication of existing air traffic control procedures that do not essentially change existing tracks, create new tracks, change altitude, or change the concentration of aircraft on these tracks. As such, this action is not expected to result in any potentially significant environmental impacts. Additionally, in accordance with Appendix B, paragraph B-1 of FAA Order 1050.1G, 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 statement.

The Amendment

In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows:

91 FR 48248