[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Rules and Regulations]
[Pages 41709-41711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16393]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

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


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Class D and Class E airspace and 
establishes Class E airspace at airports in Waco, TX. This action is 
the result of a biennial airspace review. The name and geographic 
coordinates of various airports are also being updated to coincide with 
the FAA's aeronautical database.

DATES: Effective 0901 UTC, October 7, 2021. 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 7400.11 and 
publication of conforming amendments.

ADDRESSES: 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

[[Page 41710]]

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 <a href="/cdn-cgi/l/email-protection#bcdace92d5d2cfccd9dfc8d5d3d2fcd2ddcedd92dbd3ca"><span class="__cf_email__" data-cfemail="b7d1c599ded9c4c7d2d4c3ded8d9f7d9d6c5d699d0d8c1">[email protected]</span></a> 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 amends the Class D airspace and Class E surface area airspace at 
Waco Regional Airport, Waco, TX; establishes Class E surface area 
airspace at TSTC Waco Airport, Waco, TX; establishes Class E airspace 
extending upward from 700 feet above the surface at Marlin Airport, 
Waco, TX; and amends 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 these airports.

History

    The FAA published a notice of proposed rulemaking in the Federal 
Register (86 FR 28722; May 28, 2021) for Docket No. FAA-2021-0413 to 
amend the Class D and Class E airspace and establish Class E airspace 
at airports in Waco, TX. 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 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.

Availability and Summary of Documents for Incorporation by Reference

    This document amends 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.

Differences From the NPRM

    The verbiage for the extension north of McGregor Executive Airport 
contained within the Class E airspace extending upward from 700 feet 
above the surface is being changed from ``. . . 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 . . 
.'' to ``. . . and within 6 miles each side of the 185[deg] radial from 
the Waco VORTAC extending from the Waco VORTAC south to the 6.6-mile 
radius of McGregor Executive Airport . . .'' to clarify the airspace 
description for charting purposes. As the change does not affect the 
airspace as proposed, it is incorporated into this rule.

The Rule

    This amendment to 14 CFR part 71:
    Amends the Class D airspace to within a 4.2-mile (decreased from a 
4.5-mile) radius of Waco Regional Airport, Waco, TX; adds 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; removes 
the city associated with the airport to comply with changes to FAA 
Order 7400.2N, Procedures for Handling Airspace Matters; and replaces 
the outdated term ``Airport/Facility Directory'' with ``Chart 
Supplement'';
    Amends 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 7400.2N; removes 
the city associated with the airport in the airspace legal description 
to comply with changes to FAA Order 7400.2N; updates the name of the 
airport (previously TSTC-Waco Airport) to coincide with the FAA's 
aeronautical database; and replaces the outdated term ``Airfield/
Facility Directory'' with ``Chart Supplement'';
    Amends the Class E surface area airspace to within a 4.2-mile 
(decreased from a 4.5-mile) radius of Waco Regional Airport; adds 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; removes 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 replaces the outdated 
term ``Airport/Facility Directory'' with ``Chart Supplement'';
    Establishes Class E surface area airspace within a 4.4-mile radius 
of TSTC Waco Airport;
    Establishes 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 amends 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; removes the extension north of the 
VORTAC as it is no longer needed; adds 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; adds 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; removes the Leroi NDB and the associated extension as they are 
no longer needed; adds 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; adds 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; adds an extension 6 miles each 
side of the 185[deg] radial from the Waco VORTAC extending from the 
Waco VORTAC south to the 6.6 mile radius from the McGregor Executive 
Airport; removes the Marlin Airport and associated airspace from the 
airspace legal description as it no longer adjoins this

[[Page 41711]]

airspace and separate airspace has been established for this airport; 
and updates 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.
    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) does not warrant preparation of a regulatory evaluation 
as the anticipated impact is so minimal. Since this is a routine matter 
that only affects air traffic procedures and air navigation, it is 
certified that this rule, when promulgated, does not have a significant 
economic impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1F, ``Environmental Impacts: Policies and 
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected 
to cause any potentially significant environmental impacts, and no 
extraordinary circumstances exist that warrant preparation of an 
environmental assessment.

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:

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 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 7400.11E, 
Airspace Designations and Reporting Points, dated July 21, 2020, and 
effective September 15, 2020, 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 Waco VORTAC south to the 6.6-mile 
radius of McGregor Executive Airport.

    Issued in Fort Worth, Texas, on July 28, 2021.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2021-16393 Filed 8-2-21; 8:45 am]
BILLING CODE 4910-13-P


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