[Federal Register: December 17, 2008 (Volume 73, Number 243)]
[Rules and Regulations]
[Page 76517-76518]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17de08-3]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2008-0960; Airspace Docket No. 08-ASW-17]
Establishment of Class D and Class E Airspace; Conroe, TX
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action establishes Class D airspace and Class E airspace
at Lone Star Executive Airport, Conroe, TX. Establishment of an air
traffic control tower at Lone Star Executive Airport has made this
action necessary for the safety of Instrument Flight Rule (IFR)
operations at the airport. Class D airspace will revert to a Class E
Surface Area during periods when the control tower is not operating.
This action also corrects the radials used to define the airspace.
DATES: Effective Date: 0901 UTC, March 12, 2009. 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 7400.9 and
publication of conforming amendments.
FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Ft. Worth, TX 76193-0530; telephone (817)
222-5582.
SUPPLEMENTARY INFORMATION:
History
On October 7, 2008, the FAA published in the Federal Register a
notice of proposed rulemaking to establish Class D airspace and Class E
airspace at Conroe, TX (73 FR 58512, Docket No. FAA-2008-0960).
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received. Subsequent to publication, the FAA found that a
minor correction to the radials defining the airspace was needed. This
action makes that correction. With the exception of editorial changes,
and the changes described above, this rule is the same as that proposed
in the NPRM. Class D airspace designations are published in paragraph
5000 of FAA Order 7400.9S signed October 3, 2008, and effective October
31, 2008, which is incorporated by reference in 14 CFR part 71.1. Class
E Surface Area airspace designations are published in paragraph 6002 of
FAA Order 7400.9S signed October 3, 2008, and effective October 31,
2008, which is incorporated by reference in 14 CFR part 71.1. The Class
D airspace and Class E airspace designations listed in this document
will be published subsequently in that Order.
The Rule
This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by establishing Class D airspace and Class E Surface Area
airspace extending upward from the surface to and including 2,700 feet
MSL within a 4.1-mile radius of Lone Star Executive Airport, excluding
that airspace within the 4.1-mile radius north and east of the
intersection of the IAH 357[deg] radial and the TNV 083[deg] radial.
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.
Therefore, this regulation: (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 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.
The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. 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
[[Page 76518]]
of 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 establishes controlled airspace at Lone Star Executive
Airport, Conroe, TX.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
0
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(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 part 71.1 of the Federal
Aviation Administration Order 7400.9S, Airspace Designations and
Reporting Points, signed October 3, 2008, and effective October 31,
2008, is amended as follows:
Paragraph 5000 Class D Airspace.
* * * * *
ASW TX D Conroe, TX [New]
Lone Star Executive Airport, TX
(Lat. 30[deg]21'09'' N., long. 95[deg]24'52'' W.)
Humble VORTAC
(Lat. 29[deg]57'25'' N., long. 95[deg]20'45'' W.)
Navasota VORTAC
(Lat. 30[deg]17'19'' N., long. 96[deg]03'30'' W.)
That airspace extending upward from the surface to and including
2,700 feet MSL within a 4.1-mile radius of Lone Star Executive
Airport, excluding that airspace within the 4.1-mile radius north
and east of the intersection of the IAH 357[deg] radial and the TNV
083[deg] radial. This Class D airspace area is effective during the
specific dates and times established in advance by a Notice to
Airmen. The effective date and time will thereafter be continuously
published in the Airport/Facility Directory.
Paragraph 6002 Class E Airspace Designated as Surface Areas.
* * * * *
ASW TX E2 Conroe, TX [New]
Lone Star Executive Airport, TX
(Lat. 30[deg]21'09'' N., long. 95[deg]24'52'' W.)
Humble VORTAC
(Lat. 29[deg]57'25'' N., long. 95[deg]20'45'' W.)
Navasota VORTAC
(Lat. 30[deg]17'19'' N., long. 96[deg]03'30'' W.)
Within a 4.1-mile radius of Lone Star Executive Airport,
excluding that airspace within the 4.1-mile radius north and east of
the intersection of the IAH 357[deg] radial and the TNV 083[deg]
radial. This Class E airspace area is effective during the specific
dates and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Airport/Facility Directory.
* * * * *
Issued in Fort Worth, TX, on December 9, 2008.
Walter L. Tweedy,
Acting Manager, Operations Support Group, Central Service Center.
[FR Doc. E8-29756 Filed 12-16-08; 8:45 am]
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