```

[Federal Register Volume 81, Number 59 (Monday, March 28, 2016)]
[Proposed Rules]
[Pages 17114-17116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06839]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2014-0742; Airspace Docket No. 14-ASW-5]

Proposed Establishment of Class D and E Airspace; Brookshire, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

[[Page 17115]]

SUMMARY: This action proposes to establish Class D and Class E airspace 
at Brookshire, TX. The establishment of an airport traffic control 
tower has made this action necessary for the safety and management of 
Instrument Flight Rules (IFR) operations within the airspace at Houston 
Executive Airport.

DATES: Comments must be received on or before May 12, 2016.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590; 
telephone (202) 366-9826. You must identify FAA Docket No. FAA-2014-
0742; Docket No. 14-ASW-5, at the beginning of your comments. You may 
also submit comments through the Internet at http://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. The Docket Office (telephone 1-800-
647-5527), is on the ground floor of the building at the above address.
    FAA Order 7400.9Z, Airspace Designations and Reporting Points, and 
subsequent amendments can be viewed online at http://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 7400.9Z at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is 
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Raul Garza Jr., Central Service 
Center, Operations Support Group, Federal Aviation Administration, 
Southwest Region, 10101 Hillwood Parkway, Fort Worth, TX 76177; 
telephone: 817-222-5874.

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 establish Class D and Class E airspace at Houston Executive 
Airport, Brookshire, TX.

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, 
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-2014-0742/
Airspace Docket No. 14-ASW-5.'' The postcard will be date/time stamped 
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the 
Internet at http://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/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 ADDRESSES section for 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 Central Service Center, Operation Support Group, 
10101 Hillwood Parkway, Fort Worth, TX 76177.
    Persons interested in being placed on a mailing list for future 
NPRMs should contact the FAA's Office of Rulemaking (202) 267-9677, to 
request a copy of Advisory Circular No. 11-2A, Notice of Proposed 
Rulemaking Distribution System, which describes the application 
procedure.

Availability and Summary of Documents Proposed for Incorporation by 
Reference

    This document would amend FAA Order 7400.9Z, Airspace Designations 
and Reporting Points, dated August 6, 2015, and effective September 15, 
2015. FAA Order 7400.9Z is publicly available as listed in the 
ADDRESSES section of this document. FAA Order 7400.9Z 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 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 2,500 feet MSL within a 4-mile radius of Houston Executive 
Airport, excluding that airspace west and northwest, to accommodate the 
establishment of an airport traffic control tower. Class E airspace 
extending upward from 700 feet above the surface would be established 
within a 6.6-mile radius of Houston Executive Airport to accommodate 
new standard instrument approach procedures for the safety and 
management of IFR operations at the airport.
    Class D and E airspace areas are published in Section 5000, 6002, 
and 6005, respectively, of FAA Order 7400.9Z, dated August 6, 2015, and 
effective September 15, 2015, 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.

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) does not warrant preparation of a regulatory evaluation 
as the anticipated impact is so minimal. Since this is a

[[Page 17116]]

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

    In consideration of the foregoing, 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 7400.9Z, 
Airspace Designations and Reporting Points, dated August 6, 2015, and 
effective September 15, 2015, is amended as follows:
* * * * *

Paragraph 5000 Class D Airspace.

ASW TX D Brookshire, TX [New]

Houston Executive Airport, TX
(Lat. 29[deg]48'18'' N., long. 95[deg]53'52'' W.)

    That airspace extending upward from the surface to and including 
2,500 feet MSL bounded by a line beginning at lat. 29[deg]46'44'' 
N., long. 95[deg]58'06'' W., to lat. 29[deg]47'35'' N., long. 
95[deg]55'49'' W., to lat. 29[deg]51'55'' N., long. 95[deg]55'52'' 
W., thence clockwise along the 4-mile radius of Houston Executive 
Airport to the point of beginning. 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 Brookshire, TX [New]

Houston Executive Airport, TX
(Lat. 29[deg]48'18'' N., long. 95[deg]53'52'' W.)

    That airspace extending upward from the surface to and including 
2,500 feet MSL bounded by a line beginning at lat. 29[deg]46'44'' 
N., long. 95[deg]58'06'' W., to lat. 29[deg]47'35'' N., long. 
95[deg]55'49'' W., to lat. 29[deg]51'55'' N., long. 95[deg]55'52'' 
W., thence clockwise along the 4-mile radius of Houston Executive 
Airport, to the point of beginning. 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.
* * * * *

Paragraph 6005 Class E Airspace areas extending upward from 700 
feet or more above the surface of the earth.

ASW TX E5 Brookshire, TX [New]

Houston Executive Airport, TX
(Lat. 29[deg]48'18'' N., long. 95[deg]53'52'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.6-mile radius of Houston Executive Airport.

    Issued in Fort Worth, TX, on March 16, 2016.
Walter Tweedy,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2016-06839 Filed 3-25-16; 8:45 am]
 BILLING CODE 4910-13-P
```