Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Transportation

###### Federal Aviation Administration 

          - 14 CFR Part 71 
          - [Docket No. FAA-2008-1046; Airspace Docket No. 08-ASW-21] 

# AGENCY:

Federal Aviation Administration (FAA), DOT. 

# ACTION:

Final rule.

# SUMMARY:

This action amends Class E airspace at Houston, TX. Additional controlled airspace is necessary to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAP) at Lone Star Executive Airport, Conroe, TX. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at Lone Star Executive Airport. 

# 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 November 17, 2008, the FAA published in the                     **Federal Register**                     a notice of proposed rulemaking to amend Class E airspace at Houston, TX, adding additional controlled airspace at Lone Star Executive Airport, Conroe, TX (73 FR 67823, Docket No. FAA-2008-1046). Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Class E airspace designations are published in paragraph 6005 of FAA Order 7400.9S signed October 3, 2008, and effective October 31, 2008, which is incorporated by reference in 14 CFRp 71.1. The 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 amending Class E airspace at Houston, TX, adding additional controlled airspace at Lone Star Executive Airport, Conroe, TX. This rule also updates the geographic coordinates of Chambers County Airport, and changes Sholes Field to Sholes International at Galveston, TX. 

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 1, 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 adds additional controlled airspace in the Houston, TX airspace area, 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 

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

      ( print page 1875)    

# PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 

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. 

§ 71.1 

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 6005 Class E airspace areas extending upward from 700 feet or more above the surface. 

* * * * *

## ASW TX E5 Houston, TX [Amended] 

Point of Origin 

(Lat. 30°35′01″ N., long. 95°28′01″ W.) 

Anahuac, Chambers County Airport, TX 

(Lat. 29°46′11″ N., long. 94°39′49″ W.) 

Galveston, Scholes International at Galveston, TX 

(Lat. 29°15′55″ N., long. 94°51′38″ W.) 

Brookshire, Woods No. 2 Airport, TX 

(Lat. 29°47′37″ N., long. 95°55′31″ W.) 

Fulshear, Covey Trails Airport, TX 

(Lat. 29°41′24″ N., long. 95°50′23″ W.) 

Conroe, Lone Star Executive Airport, TX 

(Lat. 30°21′09″ N., long. 95°24′52″ W.) 

That airspace extending upward from 700 feet above the surface within an area bounded by a line beginning at the Point of Origin to lat. 29°45′00″ N., long. 94°44′01″ W.; thence from lat. 29°45′00″ N., long. 94°44′01″ W. to a point of tangency with the east arc of a 7.6-mile radius of Scholes International at Galveston, and within a 7.6-mile radius of Scholes International at Galveston; thence from lat. 29°17′04″ N., long. 95°00′13″ W.; to lat. 29°30′01″ N., long. 95°54′01″ W.; to lat. 30°26′01″ N., long. 95°42′01″ W.; to the point of origin, and within a 6.6-mile radius of Lone Star Executive Airport, and within a 6.5-mile radius of Woods No. 2 Airport, and within a 6.4-mile radius of Covey Trails Airport excluding that airspace within the Anahuac, TX, Class E airspace area. 

* * * * *

Issued in Fort Worth, TX, on January 7, 2009. 

Walter L. Tweedy, 

Acting Manager, Operations Support Group,  Central Service Center.

 [FR Doc. E9-516 Filed 1-13-09; 8:45 am] 

BILLING CODE 4910-13-P