[Federal Register Volume 86, Number 102 (Friday, May 28, 2021)]
[Proposed Rules]
[Pages 28722-28724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11233]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0413; Airspace Docket No. 21-ASW-9]
RIN 2120-AA66


Proposed Amendment of Class D and Class E Airspace and 
Establishment of Class E Airspace; Waco, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend the Class D and Class E airspace 
and establish Class E airspace at airports in Waco, TX. The FAA is 
proposing this action as the result of biennial airspace reviews. The 
name and geographic coordinates of various airports and navigational 
aids would also be updated to coincide with the FAA's aeronautical 
database.

DATES: Comments must be received on or before July 12, 2021.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone 
(202) 366-9826, or (800) 647-5527. You must identify FAA Docket No. 
FAA-2021-0413/Airspace Docket No. 21-ASW-9, at the beginning of your 
comments. You may also submit comments through the internet at https://www.regulations.gov. You may review the public docket containing the 
proposal, any comments received, and any final disposition in person in 
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through 
Friday, except federal holidays.
    FAA Order 7400.11E, Airspace Designations and Reporting Points, and 
subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the 
Airspace Policy Group, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National 
Archives and Records Administration (NARA). For information on the 
availability of FAA Order 7400.11E at NARA, email fedreg.legal@nara.gov 
or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation 
Administration, Operations Support Group, Central Service Center, 10101 
Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5711.

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 
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 amend the Class D airspace and Class E surface area 
airspace at Waco Regional Airport, Waco, TX; establish Class E surface 
area airspace at TSTC Waco Airport, Waco, TX; establish Class E 
airspace extending upward from 700 feet above the surface at Marlin 
Airport, Waco, TX; and amend the Class E airspace extending upward from 
700 feet above the surface at Waco Regional Airport, TSTC Waco Airport, 
and McGregor Executive Airport, Waco, to support instrument flight rule 
operations at this airport.

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments, as 
they may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic,

[[Page 28723]]

environmental, and energy-related aspects of the proposal. 
Communications should identify both docket numbers and be submitted in 
triplicate to the address listed above. Commenters wishing the FAA to 
acknowledge receipt of their comments on this notice must submit with 
those comments a self-addressed, stamped postcard on which the 
following statement is made: ``Comments to Docket No. FAA-2021-0413/
Airspace Docket No. 21-ASW-9.'' The postcard will be date/time stamped 
and returned to the commenter.
    All communications received before the specified closing date for 
comments will be considered before taking action on the proposed rule. 
The proposal contained in this notice may be changed in light of the 
comments received. A report summarizing each substantive public contact 
with FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the 
internet at https://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's web page at https://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 
Office (see the ADDRESSES section for the address and phone number) 
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal 
holidays. An informal docket may also be examined during normal 
business hours at the Federal Aviation Administration, Air Traffic 
Organization, Central Service Center, Operations Support Group, 10101 
Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11E, Airspace 
Designations and Reporting Points, dated July 21, 2020, and effective 
September 15, 2020. FAA Order 7400.11E is publicly available as listed 
in the ADDRESSES section of this document. FAA Order 7400.11E lists 
Class A, B, C, D, and E airspace areas, air traffic service routes, and 
reporting points.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 by:
    Amending the Class D airspace to within a 4.2-mile (decreased from 
a 4.5-mile) radius of Waco Regional Airport, Waco, TX; adding an 
extension 1 mile each side of the 149[deg] bearing from the airport 
extending from the 4.2-mile radius to 4.3 miles southeast of the 
airport; removing the city associated with the airport to comply with 
changes to FAA Order 7400.2M, Procedures for Handling Airspace Matters; 
and replacing the outdated term ``Airport/Facility Directory'' with 
``Chart Supplement'';
    Amending the Class D airspace legal description at TSTC Waco 
Airport, Waco, TX, by removing the airport name from the airspace legal 
description header to comply with changes to FAA Order 7400.2M; 
removing the city associated with the airport in the airspace legal 
description to comply with changes to FAA Order 7400.2M; updating the 
name of the airport (previously TSTC-Waco Airport) to coincide with the 
FAA's aeronautical database; and replacing the outdated term 
``Airfield/Facility Directory'' with ``Chart Supplement'';
    Amending the Class E surface area airspace to within a 4.2-mile 
(decreased from a 4.5-mile) radius of Waco Regional Airport; adding an 
extension 1 mile each side of the 149[deg] bearing from the airport 
extending from the 4.2-mile radius to 4.3 miles southeast of the 
airport; removing the TSTI-Waco Airport, Waco, TX, and the associated 
airspace from the airspace legal description (A separate airspace legal 
description is being created to reduce confusion regarding Class D and 
E service availability at the two airports.); and replacing the 
outdated term ``Airport/Facility Directory'' with ``Chart Supplement'';
    Establishing Class E surface area airspace within a 4.4-mile radius 
of TSTC Waco Airport;
    Establishing Class E airspace extending upward from 700 feet above 
the surface within a 6.3-mile radius of Marlin Airport, Waco, TX; and 
within 1.8 miles each side of the 123[deg] radial from the Waco VORTAC 
extending from the 6.3-mile radius from Marlin Airport to 13.1 miles 
northwest of the airport;
    And amending the Class E airspace extending upward from 700 feet 
above the surface to within a 6.7-mile (decreased from a 11.5-mile) 
radius of Waco Regional Airport; removing the extension north of the 
VORTAC as it is no longer needed; adding an extension 3.7 miles each 
side of the 014[deg] bearing from the Waco RGNL: RWY 19-LOC extending 
from the 6.7-mile radius from Waco Regional Airport to 15.3 miles north 
of the Waco Regional Airport; adding an extension 2.5 miles each side 
of the 328[deg] radial from the Waco VORTAC extending from the 6.7-mile 
radius from Waco Regional Airport to 10 miles northwest of the Waco 
VORTAC; within a 6.9-mile (decreased from a 7.9-mile) radius of TSTC 
Waco Airport; removing the Leroi NDB and the associated extension as 
they are no longer needed; adding an extension 1 mile each side of the 
179[deg] bearing from the McGregor Executive Airport, Waco, TX, 
extending from the 6.6-mile radius from McGregor Executive Airport to 
6.7-miles south of McGregor Executive Airport; adding an extension 6 
miles each side of the 005[deg] radial from the Waco VORTAC extending 
from the Waco VORTAC to 10 miles north of the Waco VORTAC; and adding 
an extension 6 miles each side of the 185[deg] radial from the Waco 
VORTAC extending from the 6.6 mile radius from the McGregor Executive 
Airport to the Waco VORTAC; removing the Marlin Airport and associated 
airspace from the airspace legal description as it no longer adjoins 
this airspace and separate airspace has been established for this 
airport; and updating the names of Waco Regional Airport (previously 
Regional Airport), TSTC Waco Airport (previously TSTC-Waco Airport) and 
McGregor Executive Airport (previously McGregor Municipal Airport) and 
the geographic coordinates of Waco Regional Airport and the Waco VORTAC 
to coincide with the FAA's aeronautical database.
    These actions are the result of biennial airspace reviews.
    Class D and E airspace designations are published in paragraph 
5000, 6002, and 6005 of FAA Order 7400.11E, dated July 21, 2020, and 
effective September 15, 2020, which is incorporated by reference in 14 
CFR 71.1. The Class D and E airspace designations listed in this 
document will be published subsequently in the Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is 
published yearly and effective on September 15.

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, is 
non-controversial and unlikely to result in adverse or negative 
comments. 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)

[[Page 28724]]

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, would 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

    Accordingly, pursuant to the authority delegated to me, 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

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 7400.11D, 
Airspace Designations and Reporting Points, dated August 8, 2019, and 
effective September 15, 2019, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASW TX D Waco, TX [Amended]

Waco Regional Airport, TX
    (Lat. 31[deg]36'44'' N, long. 97[deg]13'49'' W)

    That airspace extending upward from the surface to and including 
3,000 feet MSL within a 4.2-mile radius of Waco Regional Airport, 
and within 1 mile each side of the 149[deg] bearing from the airport 
extending from the 4.2-mile radius from the airport to 4.3 miles 
southeast of the airport. This Class D airspace area is effective 
during the specific dates in advance by a Notice to Airmen. The 
effective date and time will thereafter be published in the Chart 
Supplement.

ASW TX D Waco, TX [Amended]

TSTC Waco Airport, TX
    (Lat. 31[deg]38'16'' N, long. 97[deg]04'27'' W)

    That airspace extending upward from the surface to and including 
3,000 feet MSL within a 4.4-mile radius of TSTC Waco Airport, 
excluding that airspace within the Waco Regional Airport Class D 
airspace and Class E surface area airspace. 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 published in the Chart Supplement.

Paragraph 6002 Class E Airspace Areas Designated as Surface Areas.

* * * * *

ASW TX E2 Waco, TX [Amended]

Waco Regional Airport, TX
    (Lat. 31[deg]36'44'' N, long. 97[deg]13'49'' W)

    That airspace extending upward from the surface within a 4.2-
mile radius of Waco Regional Airport, and within 1 mile each side of 
the 149[deg] bearing from the airport extending from the 4.2-mile 
radius from the airport to 4.3 miles southeast of the airport. This 
Class E airspace area is effective during the specific dates in 
advance by a Notice to Airmen. The effective date and time will 
thereafter be published in the Chart Supplement.

ASW TX E2 Waco, TX [Established]

TSTC Waco Airport, TX
    (Lat. 31[deg]38'16'' N, long. 97[deg]04'27'' W)

    That airspace extending upward from the surface within a 4.4-
mile radius of TSTC Waco Airport, excluding that airspace within the 
Waco Regional Airport Class D airspace and Class E surface area 
airspace. 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 published in 
the Chart Supplement.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700 
Feet or More Above the Surface of the Earth.

* * * * *

ASW TX E5 Waco, TX [Established]

Marlin Airport, TX
    (Lat. 31[deg]20'26'' N, long. 96[deg]51'07'' W)

    That airspace extending upward from 700 feet above the surface 
within a 6.3-mile radius of Marlin Airport, and within 1.8 miles 
each side of the 123[deg] radial of the Waco VORTAC extending from 
the 6.3-mile radius to 13.1 miles northwest of the airport.

ASW TX E5 Waco, TX [Amended]

Waco Regional Airport, TX
    (Lat. 31[deg]36'44'' N, long. 97[deg]13'49'' W)
Waco RGNL: RWY 19-LOC
    (Lat. 31[deg]36'07'' N, long. 97[deg]13'49'' W)
Waco VORTAC
    (Lat. 31[deg]39'44'' N, long. 97[deg]16'08'' W)
TSTC Waco Airport, TX
    (Lat. 31[deg]38'16'' N, long. 97[deg]04'27'' W)
McGregor Executive Airport, TX
    (Lat. 31[deg]29'06'' N, long. 97[deg]19'00'' W)

    That airspace extending upward from 700 feet above the surface 
within a 6.7-mile radius of Waco Regional Airport, and within 3.7 
miles each side of the 014[deg] bearing from the Waco RGNL: RWY 19-
LOC extending from the 6.7-mile radius of Waco Regional Airport to 
15.3 miles north of Waco Regional Airport, and within 2.5 miles each 
side of the 328[deg] radial from the Waco VORTAC extending from the 
6.7-mile radius of Waco Regional Airport to 10 miles northwest of 
the Waco VORTAC, and within a 6.9-mile radius of TSTC Waco Airport, 
and within a 6.6-mile radius of McGregor Executive Airport, and 
within 1 mile each side of the 179[deg] bearing from the McGregor 
Executive Airport extending from the 6.6-mile radius of McGregor 
Executive Airport to 6.7 miles south of McGregor Executive Airport, 
and within 6 miles each side of the 005[deg] radial from the Waco 
VORTAC extending from the Waco VORTAC to 10 miles north of the Waco 
VORTAC, and within 6 miles each side of the 185[deg] radial from the 
Waco VORTAC extending from the 6.6-mile radius of McGregor Executive 
Airport to the Waco VORTAC.

    Issued in Fort Worth, Texas, on May 24, 2021.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2021-11233 Filed 5-27-21; 8:45 am]
BILLING CODE 4910-13-P


