
[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]

BILLING CODE 4910-13-P
