81_FR_65454 81 FR 65270 - Establishment of Class D and E Airspace; Brookshire, TX

81 FR 65270 - Establishment of Class D and E Airspace; Brookshire, TX

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 184 (September 22, 2016)

Page Range65270-65274
FR Document2016-22723

This action establishes Class D airspace, Class E surface area airspace, and Class E airspace extending upward from 700 feet above the surface at Brookshire, TX, to accommodate the new air traffic control tower at Houston Executive Airport. The FAA is taking this action for the safe and efficient use of the airspace to contain Instrument Flight Rule (IFR) arrival and departure operations at the airport.

Federal Register, Volume 81 Issue 184 (Thursday, September 22, 2016)
[Federal Register Volume 81, Number 184 (Thursday, September 22, 2016)]
[Rules and Regulations]
[Pages 65270-65274]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22723]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

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


Establishment of Class D and E Airspace; Brookshire, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class D airspace, Class E surface area 
airspace, and Class E airspace extending upward from 700 feet above the 
surface at Brookshire, TX, to accommodate the new air traffic control 
tower at Houston Executive Airport. The FAA is taking this action for 
the safe and efficient use of the airspace to contain Instrument Flight 
Rule (IFR) arrival and departure operations at the airport.

DATES: Effective 0901 UTC, November 10, 2016. The Director of the 
Federal Register approves this incorporation by reference action under 
title 1, Code of Federal Regulations, part 51, subject to the annual 
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11A, 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: 1-800-647-
5527, or 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 7400.11A at NARA, call 
202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html. FAA Order 7400.11, 
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 establishes controlled airspace at Houston Executive Airport, 
Brookshire, TX.

History

    On March 28, 2016, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) to establish Class D and Class E 
Airspace at Houston Executive Airport, Brookshire, TX (81 FR 17114) 
Docket No. FAA-2014-0742. Houston Executive Airport opened an operating 
control tower October 1, 2014. Federal regulations (14 CFR 91.126, 
91.127, and 91.129) establish airspace requirements around an operating 
tower. Interested parties were invited to participate in three informal 
meetings with the local community held on June 17, June 18, and 
December 15, 2015, during the course of establishing this airspace, and 
in this rulemaking effort by submitting written comments on the 
proposal to the FAA. 146 comments were received by the end of the 
comment period May 12, 2016. An additional five comments were received 
after the comment period (one having 322 signatures on a petition 
opposing the upper altitude limit of 2,700 feet MSL; the petition 
supports 2,000 feet MSL as acceptable and safer). One commenter 
requested to withdraw his request. Of the 150 comments, many voiced 
opinions on different aspects of the proposal as described in more 
detail below.

Summary of Comments

    The FAA received multiple comments from 150 commenters that have 
been grouped to reflect general subject areas. The groups are 
categorized as follows;

1. Support of the Class D proposal at 2,500 feet
2. Support of the Class D airspace at 2,000 feet
3. Support of the Class D proposal at 1,700 feet
4. Support for Class D at 2,500 but with Full Circle (4 miles) Airspace 
without cutout for Sport Flyers Airport
5. Concerns of east-west VFR corridor compression
6. Increase airspace to match Class B airspace
7. Support for Class E airspace only
8. No support for any change to the present airspace allocation
9. Airspace compression in the northeast quadrant under Class B

    1. Comment: Support of the Class D proposal at 2,500 feet.
    Fifty-one comments supported the proposal, as is, with a top of 
2,500 feet MSL. The positive comments ranged from support of the 
proposal at 2,500 feet MSL to extending and expanding

[[Page 65271]]

controlled airspace to 2,700 feet MSL. One commenter proposed to 
increase the upper limit to 2,700 feet MSL. There were a variety of 
reasons cited in support of the proposal, including the following:
    (a) Confusing to have an air traffic control tower but no Class D 
airspace surrounding the airport. Establishing class D airspace on the 
FAA sectionals charts will better identify the air traffic control 
tower to our transient and overflying aircraft.
    (b) The air traffic control tower will enhance the safety of the 
operations and support the continued growth of the airport. Standard 
clearance from Houston Executive Airport is to maintain heading to 
2,000 feet. Don't want aircraft at 2,100 feet. Aircraft transitioning 
along I-10 are in the direct flight path of departing traffic off TME 
RWY 18. Aircraft flying over I-10 at 2,000 feet without communicating 
with the tower could easily result in mid-air collision with departing 
traffic.
    (c) Limiting airspace to 2,000 feet will only encourage pilots to 
transition the airspace with no communication, which is dangerous.
    (d) A few miles north of the airport the Class B airspace begins at 
3,000 feet but the majority of the Class B area over the airport is 
4,000 feet.
    (e) Simply requesting a transition to the tower will make everyone 
aware of the transitioning aircraft.
    (f) The airspace is usually congested with pilots landing or 
departing Houston Executive Airport or nearby airports and pilots 
flying VFR along I-10 at 2,500 feet Class D ceiling is the ceiling 
pilots have been taught to fly.
    (g) Should declare the full circle of 4 NM radius as Class D, 
including surface to 2,700 feet MSL as done at KHY, KAFW, KFWS, KADS.
    (h) The rule if adopted would make the controlled airspace around 
Houston Executive Airport consistent with comparable towered airfields 
in the U.S. Sugarland and Conroe were given higher ceiling altitudes 
than 2,500 feet.
    (i) Houston Executive Airport is only airport on the west side of 
Houston on the I-10 corridor with the ability to handle large cabin 
class aircraft and a runway length of 6,610 feet.
    (j) Not true that having the top of the Class D airspace at 2,500 
feet ``squeezes VFR aircraft into a narrow band.'' It is a simple 
matter to call Houston Executive Tower and coordinate a clearance to 
transit the Class D airspace or call Houston Approach and get a 
clearance to transit through the Class B airspace. Support for Class D 
Airspace, but radar is necessary.
    FAA response: An operating tower that meets 14 CFR part 91 
regulations is entitled to the establishment of airspace around the 
tower. Houston Executive Airport (TME) became operational on October 1, 
2014. Unless otherwise authorized or required by ATC, 14 CFR 91.126 and 
FAA Order 7400.2 states that no person may operate an aircraft to, 
from, or through, an airport having an operational control tower unless 
two-way radio communications are maintained between that aircraft and 
the control tower. Communications must be established prior to 4-
nautical miles from the airport, up to and including 2,500 feet AGL.
    Although the FAA initially considered a top altitude of 2,700 feet, 
based on feedback from the first informal meeting and considerations 
for the safe and efficient use of airspace, the FAA determined that 
2,500 feet, as provided in 14 CFR 91.126, is an appropriate altitude 
for the operations at the airport based on further information received 
from informal meetings, radar operating practices, and surveillance 
equipment. The airspace was tailored to provide minimum inconvenience 
while optimizing safety. Radar equipment is not a requirement for a 
control tower. This particular tower is a Non Federal Contract Tower; 
the FAA is not responsible for providing this type of equipment. 
Currently, airport traffic activity does not meet the threshold for 
establishing a radar environment.
    2. Comment: Support of the Class D airspace at 2,000 feet.
    Seventy-six comments opposed the 2,500-foot top and another 322 
signed a late-filed petition opposing the altitude of 2,500 feet. This 
group of 398 did support the creation of the airspace if the top 
altitude was 2,000 feet MSL. They said reducing tower coordination with 
a 2,000-foot altitude, and allowing for more separation of airspace 
between Class B and Class D, would provide a greater and safer 
transition for aircraft flying along Houston's east/west corridor.
    Some of the reasons for limiting top of airspace to 2,000 included:
    (a) Other airports (DWH, HQZ, GKY, and SGR) have a top altitude of 
2,000 feet.
    (b) A 2,500 foot MSL will severely restrict approaches and 
departures at IWS.
    (c) A 2,000 foot ceiling or lower could lessen the effect on the 
KIWS traffic located 12 NM E of TME, which has a high proportion of VFR 
and sport pilot traffic. Most IFR departures from KIWS (Runway 15) are 
cleared to enter controlled airspace heading 270 degrees at 2,000 feet.
    (d) Industry standard for Class D is a tower with a 4-NM radius and 
2,000 feet MSL.
    (e) The most commonly used altitudes are around 1,500 feet; this 
ensures clearance along the entire route of class B at 2,000 feet and 
1000 feet minimum altitude over densely populated terrain. It is also 
common for westbound traffic to stay just north of I-10 and east-bound 
traffic stays south of I-10. Much of this VFR traffic doesn't want to 
communicate with the KTME tower. The wisdom of providing only 500 feet 
of space between the top of class D and the base of Class B (3,000 feet 
MSL) within two Victor Airways is in question. By establishing the 
upper limit of the Class D Airspace to 2,000 feet MSL, pilots would 
have a 500-foot separation from traffic in both Class B and Class D 
airspace, instead of only 250 feet separation under the proposal.
    FAA response: Transiting VFR aircraft are able to fly through this 
airspace at 2,000 feet by establishing radio communications and 
receiving approval by the tower based on the air traffic situation. The 
same aircraft can fly over the airspace at 2,501 feet without 
communicating with the tower. The potential for aircraft to be 
departing Houston Executive Airport and climbing to 2,000 feet with 
aircraft overflying the same area at 2,001 feet does not provide an 
adequate safety net. Although there was a comment that Sugar Land 
Airport had a 2,000 foot top altitude, a review of this comment reveals 
a top altitude up to, but not including 2,600 feet. David Wayne Hooks 
Airport does have up to but not including a 2,000 foot top altitude; 
however, this airport underlies Class B airspace that begins at 2,000 
feet. An IFR exit to the west of DWH is capped at 2,000 feet. In making 
its decision, the FAA reviewed the operations at the airport, informal 
meeting notes, radar operating practices, and surveillance equipment. 
With respect to the comment about victor airways, they are in a small 
section of the class D footprint. Approximately 10 percent underlie 
Class B Shelf at 3,000 feet. Controlled traffic on V-68 and V-222 will 
be at 3,000 feet or higher. VFR aircraft are knowledgeable about these 
airways and are to maneuver themselves to be clear of other aircraft, 
see and avoid. The airspace was tailored to provide minimum 
inconvenience while optimizing safety. The FAA has determined that 
2,500 feet is an appropriate altitude to enhance safety and allow 
flexibility to the VFR pilot.
    3. Comment: Support of the Class D proposal at 1,700 feet.
    One commenter supported Class D airspace with an altitude of 1,700 
feet.

[[Page 65272]]

    FAA response: 14 CFR 91.129 sets minimum altitudes when operating 
in Class D airspace, unless otherwise required, by the distance from 
cloud criteria; each pilot of a turbine-powered airplane and each pilot 
of a large airplane must climb to an altitude of 1,500 feet above the 
surface as rapidly as possible. The FAA has determined that 2,500 feet 
is an appropriate altitude to enhance safety and allow flexibility to 
the VFR pilot.
    4. Comment: Support for Class D at 2,500 feet but with Full Circle 
(4 miles) Airspace without Cutout for Sport Flyers Airport.
    FAA response: The informal meetings with the community resulted in 
reducing the size of the proposed Class D to its current cutout shape. 
This proposal reduces the allowed 4-nautical mile radius around TME to 
assist the operators transitioning in and out of Sport Flyers Airport 
without the need of establishing radio communications with TME. The 
proposed cutout also allows for accommodation of a private airstrip to 
the southwest of TME. This cutout complies with established rules in 
FAA Order 7400.2K Chapter 17-2-3, SATELLITE AIRPORTS, paragraph a. 
Using shelves and/or cutouts to the extent practicable, exclude 
satellite airports from the Class D airspace area.
    5. Comment: Concerns of east-west VFR corridor compression.
    Forty-eight comments were received as to this loss of airspace and 
to the creation of airspace above 2,000 feet as a safety issue, having 
a major impact on the VFR community. They commented that the east/west 
corridor along I-10 has long been a familiar route for VFR pilots 
transitioning through the airspace for the last thirty years; they 
enjoy the visual reference and not having to communicate with small 
airports at the accustomed altitude of 2,000 feet. Comments included:
    (a) Compressing transient VFR traffic along I-10 corridor to 500' 
vertically will increase risk of collision.
    (b) Will make flying cross country more stressful.
    (c) Proposed airspace is dangerous because it sits at the mouth or 
exit of the VFR corridor between the two huge Class B airspaces over 
Houston.
    (d) KTME does not need Class D because it does not have a lot of 
traffic and it is not for the common good of all.
    (e) Proposed airspace significantly reduces usable airspace for the 
majority to accommodate a few elite jets; Safety should be for the most 
pilots, not the richest. There are only a few IFR days where Class D 
might be beneficial; but there are many VFR flyers.
    (f) Class D should not be implemented until tower existence is 
published.
    (g) Will cause transition to South and cause flights and noise over 
residential areas of Katy, Cinco Ranch, and Brookshire. Should consider 
these alternatives: (1) No Class D; (2) Class D ceiling 1,500 AGL 
rather than 2,000 AGL; (3) Make southern border of Class D align with 
northern edge of I-10.
    (h) VFR traffic will deviate around the south side putting west and 
east-bound traffic on potential collision course for the following 
reasons:
    (1) By establishing Class D around KTME, this VFR traffic will 
choose to deviate around the south side of the proposed Class D. That 
will put west- and east-bound traffic on a potential collision course. 
Although in practice VFR traffic is often at 1,500' even this far out 
west, it could fly at a higher altitude. However, even the Houston VFR 
flyway chart encourages VFR traffic to stay below 2,500' in this area. 
Adhering to that recommended altitude would still require a deviation 
south around the proposed KTME Class-D, so the safety concern noted 
above still stands.
    (2) VFR aircraft flying in opposite directions would normally have 
a 1,000 ft. separation between themselves (whole altitudes + 500 ft.). 
With only 1,500 foot above TME (2,500 ft to 4,000 ft) . . . what are 
the procedures for safe separation??? IFR are at the whole altitudes! 
So . . . If TME Class D has a ceiling of 2,500 ft, 2,600 ft to 3,900 ft 
is all that is left! In such a case. Only one VFR altitude is available 
[Eastbound: 3,500 ft] [FAR Part 91.159] and that leaves Westbound VFR 
traffic with dangerous choices. VFR traffic flying over TME at 2,100 
with a 2,000 ft. corridor above TME is less likely than VFR traffic 
using 2,600 or 3,900 in a 1,500 ft. corridor. Westbound VFR won't have 
any option that will give them more than 400 ft. separation from 
Eastbound VFR or IFR traffic.
    (i) Would have to drop 1,500 feet in order to land at West Houston 
Airport when coming from the West. Would we be better off with this 
traffic flying over Houston at 10,000 feet or around the Class B 
airspace?
    (j) This would interfere with all the commercial flights coming 
into IAH and HOU.
    (k) Directly effects VFR traffic on Victor airways.
    (l) Rather than speak with the tower at KTME, aircraft will in all 
likelihood divert either north or south. This then increases over 
flights to X09 and the Gloster (1XO7) skydive location JIM MAIM.
    (m) Eliminates practice area used by local pilots.
    (n) IFR has no priority over VFR in uncontrolled airspace.
    (o) Same result can be achieved by Class E controlled airspace to 
the ground, not just at nighttime like in this proposal, but for 24/24 
instead of a daytime Class D. I would therefore propose to change the 
controlled airspace for KTME to Class E 24h instead of day Class D/
Night Class E.
    (p) IFR pilots could use Hobby.
    (q) IFR pilots have the same obligation as VFR pilots to ``See and 
Avoid'' when in VMC.
    (r) Aircraft diverting either north or south would put aircraft 
closer to the instrument approaches for KTME.
    FAA response: The term corridor is generally used for the portion 
of I-10 that is underneath the Class B airspace; when the Class B 
airspace terminates, so does the corridor. It is important to note that 
the portion of the east/west I-10 corridor that lies inside the Class D 
does not underlie Class B. The VFR operation can still occur along I-10 
either by circumnavigating the area approximately 14 flying miles or by 
establishing radio communications with the operating tower according to 
14 CFR 91.126 or (if Class E airspace) 14 CFR 91.127. Since this area 
is not charted and the opening of TME was not widely known, the FAA has 
provided relief during this period by waiving the requirement to 
establish radio communications with the control tower during the 
airspace rulemaking process. 14 CFR 91.129 set minimum altitudes when 
operating in Class D airspace, unless otherwise required by the 
distance from cloud criteria, each pilot of a turbine-powered airplane 
and each pilot of a large airplane must climb to an altitude of 1,500 
feet above the surface as rapidly as possible. The distance needed to 
climb to 1,500 feet does not make the option to cap the southern border 
at I-10 feasible. VFR aircraft departing to and from West Houston 
Airport could have a normal climb/descent profile by communicating with 
TME tower and receiving permission to transition through the airspace; 
this should not be approved if aircraft activity is in the same area. 
This would maintain or increase safety from today's environment.
    This airspace action is not expected to cause any potentially 
significant environmental impacts, including no significant noise 
impacts. No extraordinary circumstances exists that warrant preparation 
of an environmental assessment.
    When operating in VFR weather conditions, it is the pilot's 
responsibility

[[Page 65273]]

to be vigilant so as to see and avoid other aircraft (14 CFR 
91.113(a)). The Aeronautical Information Manual (AIM) recommends that 
for aircraft 8,000 feet AGL and below, extra vigilance be maintained 
and that monitoring an appropriate control frequency is to the VFR 
pilot's advantage to ``get the picture of traffic in the area.'' VFR 
pilots are to see and avoid other aircraft and to be extremely vigilant 
in congested VFR areas and Victor airways. Once again, an operating 
tower that meets the requirements of FAA Order 7400.2K, Chapter 17, is 
authorized Class D airspace. This proposal will have Class D airspace 
during tower operating hours and Class E surface area airspace during 
non-operating hours. The proposed altitude of 2,500 does not interfere 
with commercial traffic landing or departing IAH or HOU. The formal 
establishment of Class D airspace will allow for charting of the 
airspace dimensions and altitude which will provide notice to pilots to 
communicate or circumnavigate this area. The pilot will not be affected 
if the aircraft flies above 2,500 feet. The FAA acknowledges the 
inconvenience to the VFR pilot of flying at or above 2,500 feet and 
establishing radio communications with control towers. 14 CFR 91.126, 
Class G airspace; 14 CFR 91.127, Class E airspace require communication 
with the operating control tower (TME) unless otherwise authorized by 
ATC. The FAA does not agree that altitude compression will be 
constrained in this area since the floor of the Class B airspace is 
southeast of the proposed Class D airspace.
    6. Comment: Three commenters stated that the proposed rulemaking 
(NPRM) should be to establish Class B Airspace in the Brookshire, TX 
area, instead of Class D and Class E Airspace. The commenters preferred 
to have the entire airspace controlled by the FAA. Some of the reasons 
cited in favor of Class B airspace were:
    (a) A few miles north of the airport, the Class B airspace begins 
at 3,000 feet but the majority of the Class B area over the airport is 
4,000 feet.
    (b) Raising the top to meet the Class B further removes any 
confusion to transient traffic.
    (c) TME, with its physical location near Houston's Corporate Energy 
Corridor and ample 6,610' x 100' runway, is attracting an ever growing 
number of larger and faster aircraft (turboprops and jets).
    (d) Class D airspace tends to have less recreational flyers and 
experimental traffic that tend to increase immediate airport traffic 
congestion and noise with constant circling for touch and goes, etc.
    FAA response: This airport and its location do not meet criteria 
for Class B airspace.
    7. Comment: Supports Class E airspace only.
    Five comments received supported the proposal of 2,500 feet if the 
airspace would be classified as Class E airspace.
    FAA response: The requirement for VFR aircraft to establish radio 
communications is still in effect for Class G and/or Class E airspace; 
14 CFR 91.126 and 14 CFR 91.127. Establishing the proposed Class D 
airspace will reduce the overall airspace dimensions. Approval to 
transit the area is still required; the benefit will be that all 
aircraft will have access to VFR charts and the airspace would be 
depicted.
    14 CFR 91.127, Operating on or in the vicinity of an airport in 
Class E airspace, states:
    (c) Communications with control towers. Unless otherwise authorized 
or required by ATC, no person may operate an aircraft to, from, through 
or on an airport having an operational control tower unless two-way 
radio communications are maintained between that aircraft and the 
control tower. Communications must be established prior to 4 nautical 
miles from the airport, up to and including 2,500 feet AGL. However, if 
the aircraft radio fails in flight, the pilot in command may operate 
that aircraft and land if weather conditions are at or above basic VFR 
weather minimums, visual contact with the tower is maintained, and a 
clearance to land is received. If the aircraft radio fails while in 
flight under IFR, the pilot must comply with 14 CFR 91.185.
    8. Comment: No support for any change to the present airspace 
allocation.
    Thirty-one comments received rejected the proposal entirely. An 
immediate return to the status quo was requested based on the long 
standing operations in this area. Additionally, many commenters cited 
the east/west I-10 corridor and the compression of the VFR navigable 
air space in the northeast affected area as a concern. The majority of 
comments provided for an alternate choice of a top altitude of 2,000 
feet.
    FAA response: The TME control tower opened October 1, 2014, and is 
operational; the status quo can no longer be maintained. The FAA is 
complying with all appropriate regulations.
    9. Comment: Airspace compression in the northeast quadrant under 
Class B.
    Twenty comments received concerned the compression of navigable 
airspace under Class B and Class D airspace around TME. Cited were 
safety concerns for VFR aircraft to squeeze into an already congested 
airspace. The concerns were departures of airports underneath the Class 
B, practice areas for student training, and the airspace compression 
along the east west I-10 corridor.
    FAA response: The FAA has reviewed these concerns and agrees this 
is a compression of airspace with the establishment of Class D 
airspace. The proposal notes that 10 percent of the Class D footprint 
sits below the Class B shelf at 3,000 feet. The east/west I-10 corridor 
underlies Class B airspace; however, the portion of I-10 that does 
underlie the proposed Class D does not underlie Class B airspace. 
During the informal meetings this factor was taken into consideration 
and resulted in the proposed airspace being lowered from 2,700 feet to 
2,500 feet to allow for more airspace. The compression to the northeast 
underlying Class B airspace is not considered the VFR corridor. The FAA 
believes this to have minimal impact on those aircraft that would have 
to fly around or over the proposed airspace.
    The tower at Houston Executive Airport is established and the Class 
D and E airspace areas are being provided according to federal 
regulations. The Class D proposal to reduce the allowed footprint of 
the airspace provides for safe and efficient use of airspace. Class D 
enhances safety by setting VFR weather minima specified in 14 CFR 
91.155 and through the communications and other requirements in 14 CFR 
91.129 (and 14 CFR 91.127 for E airspace). Once Class D airspace is 
charted, the information is accessible to all pilots. The FAA 
understands the concerns of the commenters. However, the FAA chose the 
upper limit of the airspace at 2,500 feet to establish higher weather 
minima for VFR aircraft, transitioning above the airspace thus 
restricting access to VFR flights in the airspace while IFR operations 
are in progress. VFR aircraft transitioning at 2,000 feet through the 
airspace will still be allowed to do so as long as radio communications 
are established with the tower prior to the aircraft entering the Class 
D airspace, and no additional conflicts with other airspace users 
arise.
    Class D and Class E airspace designations are published in 
paragraph 5000, 6002, and 6005, respectively, of FAA Order 7400.11A 
dated August 3, 2016, and effective September 15, 2016, which is 
incorporated by reference in 14 CFR part 71.1. The Class E airspace 
designations listed in this document will be published subsequently in 
the Order.

[[Page 65274]]

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11A, airspace Designations and 
Reporting Points, dated August 3, 2016, and effective September 15, 
2016. FAA Order 7400.11A is publicly available as listed in the 
ADDRESSES section of this document. FAA Order 7400.11A lists Class A, 
B, C, D, and E airspace areas, air traffic service routes, and 
reporting points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR) 
part 71 establishes 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. This action reduces the allowed 4 
nautical mile radius around Houston Executive Airport to assist the 
operators transitioning in and out of Sport Flyers Airport without the 
need of establishing radio communications with Houston Executive 
Airport. The proposed cutout also allows for accommodation for a 
private airstrip to the southwest of Houston Executive Airport. This 
amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 
also establishes Class E airspace extending upward from 700 feet or 
more above the surface of the earth within a 6.6-mile radius of Houston 
Executive Airport, to accommodate standard instrument approach 
procedures. Controlled airspace is needed for the safety and management 
of IFR operations at the airport.
    Class D and E airspace areas are published in paragraph 5000, 6002, 
and 6005, respectively, of FAA Order 7400.11A, dated August 3, 2016, 
and effective September 15, 2016, which is incorporated by reference in 
14 CFR 71.1. The Class 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. 
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 5-6.5a. This airspace action is not expected to 
cause any potentially significant environmental impacts, and no 
extraordinary circumstances exists that warrant preparation of an 
environmental assessment.

Lists 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 
7400.11A, Airspace Designations and Reporting Points, dated August 3, 
2016, effective September 15, 2016, 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 Chart Supplement.
* * * * *

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 Chart Supplement.
* * * * *

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 September 14, 2016.
Vonnie L. Royal,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2016-22723 Filed 9-21-16; 8:45 am]
 BILLING CODE 4910-13-P



                                           65270            Federal Register / Vol. 81, No. 184 / Thursday, September 22, 2016 / Rules and Regulations

                                           PART 71—DESIGNATION OF CLASS A,                            SUMMARY:    This action establishes Class             controlled airspace at Houston
                                           B, C, D, AND E AIRSPACE AREAS; AIR                         D airspace, Class E surface area airspace,            Executive Airport, Brookshire, TX.
                                           TRAFFIC SERVICE ROUTES; AND                                and Class E airspace extending upward
                                                                                                                                                            History
                                           REPORTING POINTS                                           from 700 feet above the surface at
                                                                                                      Brookshire, TX, to accommodate the                      On March 28, 2016, the FAA
                                           ■ 1. The authority citation for part 71                    new air traffic control tower at Houston              published in the Federal Register a
                                           continues to read as follows:                              Executive Airport. The FAA is taking                  notice of proposed rulemaking (NPRM)
                                             Authority: 49 U.S.C. 106(f), 106(g); 40103,              this action for the safe and efficient use            to establish Class D and Class E
                                           40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,               of the airspace to contain Instrument                 Airspace at Houston Executive Airport,
                                           1959–1963 Comp., p. 389.                                   Flight Rule (IFR) arrival and departure               Brookshire, TX (81 FR 17114) Docket
                                                                                                      operations at the airport.                            No. FAA–2014–0742. Houston
                                           § 71.1       [Amended]                                                                                           Executive Airport opened an operating
                                                                                                      DATES: Effective 0901 UTC, November
                                           ■ 2. The incorporation by reference in                     10, 2016. The Director of the Federal                 control tower October 1, 2014. Federal
                                           14 CFR 71.1 of FAA Order 7400.11A,                         Register approves this incorporation by               regulations (14 CFR 91.126, 91.127, and
                                           Airspace Designations and Reporting                        reference action under title 1, Code of               91.129) establish airspace requirements
                                           Points, dated August 3, 2016, and                          Federal Regulations, part 51, subject to              around an operating tower. Interested
                                           effective September 15, 2016, is                           the annual revision of FAA Order                      parties were invited to participate in
                                           amended as follows:                                        7400.11 and publication of conforming                 three informal meetings with the local
                                                                                                      amendments.                                           community held on June 17, June 18,
                                           Paragraph 6002 Class E Airspace                                                                                  and December 15, 2015, during the
                                                                                                      ADDRESSES: FAA Order 7400.11A,
                                           Designated as Surface Areas.                                                                                     course of establishing this airspace, and
                                                                                                      Airspace Designations and Reporting
                                           *        *      *       *      *                           Points, and subsequent amendments can                 in this rulemaking effort by submitting
                                           AWP CA E2 Truckee, CA [New]                                be viewed online at http://www.faa.gov/               written comments on the proposal to the
                                           Truckee-Tahoe Airport, CA                                  air_traffic/publications/. For further                FAA. 146 comments were received by
                                             (Lat. 39°19′12″ N., long. 120°08′22″ W.)                 information, you can contact the                      the end of the comment period May 12,
                                             That airspace extending upward from the                  Airspace Policy Group, Federal Aviation               2016. An additional five comments were
                                           surface within a 4.2-mile radius of Truckee-               Administration, 800 Independence                      received after the comment period (one
                                           Tahoe Airport.                                             Avenue SW., Washington, DC 20591;                     having 322 signatures on a petition
                                                                                                      telephone: 1–800–647–5527, or 202–                    opposing the upper altitude limit of
                                           Paragraph 6005 Class E Airspace Areas                                                                            2,700 feet MSL; the petition supports
                                           Extending Upward from 700 feet or More                     267–8783. The Order is also available
                                           Above the Surface of the Earth.                            for inspection at the National Archives               2,000 feet MSL as acceptable and safer).
                                                                                                      and Records Administration (NARA).                    One commenter requested to withdraw
                                           *        *      *       *      *                                                                                 his request. Of the 150 comments, many
                                                                                                      For information on the availability of
                                           AWP CA E5 Truckee, CA [Modified]                           FAA Order 7400.11A at NARA, call                      voiced opinions on different aspects of
                                           Truckee-Tahoe Airport, CA                                  202–741–6030, or go to http://                        the proposal as described in more detail
                                             (Lat. 39°19′12″ N., long. 120°08′22″ W.)                 www.archives.gov/federal_register/                    below.
                                             That airspace extending upward from 700                  code_of_federal-regulations/ibr_                      Summary of Comments
                                           feet above the surface within a 4.2-mile                   locations.html. FAA Order 7400.11,
                                           radius of Truckee-Tahoe Airport, and within                Airspace Designations and Reporting                      The FAA received multiple comments
                                           2 miles each side of the Truckee-Tahoe                     Points, is published yearly and effective             from 150 commenters that have been
                                           Airport 015° bearing extending from the 4.2-
                                                                                                      on September 15.                                      grouped to reflect general subject areas.
                                           mile radius to 19 miles north of the airport,                                                                    The groups are categorized as follows;
                                           and within 2 miles each side of the airport                FOR FURTHER INFORMATION CONTACT: Raul
                                           328° bearing extending from the 4.2-mile                   Garza, Jr., Central Service Center,                   1. Support of the Class D proposal at
                                           radius to 16.5 miles northwest of the airport.             Operations Support Group, Federal                           2,500 feet
                                                                                                      Aviation Administration, Southwest                    2. Support of the Class D airspace at
                                             Issued in Seattle, Washington, on August                 Region, 10101 Hillwood Parkway, Fort                        2,000 feet
                                           16, 2016.                                                  Worth, TX 76177; telephone: (817) 222–                3. Support of the Class D proposal at
                                           Richard Roberts,                                           5874.                                                       1,700 feet
                                           Acting Manager, Operations Support Group,                  SUPPLEMENTARY INFORMATION:
                                                                                                                                                            4. Support for Class D at 2,500 but with
                                           Western Service Center.                                                                                                Full Circle (4 miles) Airspace
                                           [FR Doc. 2016–22726 Filed 9–21–16; 8:45 am]                Authority for This Rulemaking                               without cutout for Sport Flyers
                                           BILLING CODE 4910–13–P                                       The FAA’s authority to issue rules                        Airport
                                                                                                      regarding aviation safety is found in                 5. Concerns of east-west VFR corridor
                                                                                                      Title 49 of the United States Code.                         compression
                                           DEPARTMENT OF TRANSPORTATION                               Subtitle I, Section 106 describes the                 6. Increase airspace to match Class B
                                                                                                      authority of the FAA Administrator.                         airspace
                                           Federal Aviation Administration                            Subtitle VII, Aviation Programs,                      7. Support for Class E airspace only
                                                                                                      describes in more detail the scope of the             8. No support for any change to the
                                           14 CFR Part 71                                             agency’s authority. This rulemaking is                      present airspace allocation
                                           [Docket No. FAA–2014–0742; Airspace                        promulgated under the authority                       9. Airspace compression in the
                                           Docket No. 14–ASW–5]                                       described in Subtitle VII, Part, A,                         northeast quadrant under Class B
                                                                                                      Subpart I, Section 40103. Under that                     1. Comment: Support of the Class D
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                                           Establishment of Class D and E                             section, the FAA is charged with                      proposal at 2,500 feet.
                                           Airspace; Brookshire, TX                                   prescribing regulations to assign the use                Fifty-one comments supported the
                                           AGENCY:  Federal Aviation                                  of airspace necessary to ensure the                   proposal, as is, with a top of 2,500 feet
                                           Administration (FAA), DOT.                                 safety of aircraft and the efficient use of           MSL. The positive comments ranged
                                                                                                      airspace. This regulation is within the               from support of the proposal at 2,500
                                           ACTION: Final rule.
                                                                                                      scope of that authority as it establishes             feet MSL to extending and expanding


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                                                            Federal Register / Vol. 81, No. 184 / Thursday, September 22, 2016 / Rules and Regulations                                      65271

                                           controlled airspace to 2,700 feet MSL.                      FAA response: An operating tower                      (d) Industry standard for Class D is a
                                           One commenter proposed to increase                       that meets 14 CFR part 91 regulations is              tower with a 4-NM radius and 2,000 feet
                                           the upper limit to 2,700 feet MSL. There                 entitled to the establishment of airspace             MSL.
                                           were a variety of reasons cited in                       around the tower. Houston Executive                      (e) The most commonly used altitudes
                                           support of the proposal, including the                   Airport (TME) became operational on                   are around 1,500 feet; this ensures
                                           following:                                               October 1, 2014. Unless otherwise                     clearance along the entire route of class
                                              (a) Confusing to have an air traffic                  authorized or required by ATC, 14 CFR                 B at 2,000 feet and 1000 feet minimum
                                           control tower but no Class D airspace                    91.126 and FAA Order 7400.2 states that               altitude over densely populated terrain.
                                           surrounding the airport. Establishing                    no person may operate an aircraft to,                 It is also common for westbound traffic
                                           class D airspace on the FAA sectionals                   from, or through, an airport having an                to stay just north of I–10 and east-bound
                                           charts will better identify the air traffic              operational control tower unless two-                 traffic stays south of I–10. Much of this
                                           control tower to our transient and                       way radio communications are                          VFR traffic doesn’t want to
                                           overflying aircraft.                                     maintained between that aircraft and the              communicate with the KTME tower.
                                              (b) The air traffic control tower will                control tower. Communications must be                 The wisdom of providing only 500 feet
                                           enhance the safety of the operations and                 established prior to 4-nautical miles                 of space between the top of class D and
                                           support the continued growth of the                      from the airport, up to and including                 the base of Class B (3,000 feet MSL)
                                           airport. Standard clearance from                         2,500 feet AGL.                                       within two Victor Airways is in
                                           Houston Executive Airport is to                             Although the FAA initially                         question. By establishing the upper
                                           maintain heading to 2,000 feet. Don’t                    considered a top altitude of 2,700 feet,              limit of the Class D Airspace to 2,000
                                           want aircraft at 2,100 feet. Aircraft                    based on feedback from the first                      feet MSL, pilots would have a 500-foot
                                           transitioning along I–10 are in the direct               informal meeting and considerations for               separation from traffic in both Class B
                                           flight path of departing traffic off TME                 the safe and efficient use of airspace, the           and Class D airspace, instead of only
                                           RWY 18. Aircraft flying over I–10 at                     FAA determined that 2,500 feet, as                    250 feet separation under the proposal.
                                           2,000 feet without communicating with                    provided in 14 CFR 91.126, is an                         FAA response: Transiting VFR aircraft
                                           the tower could easily result in mid-air                 appropriate altitude for the operations at            are able to fly through this airspace at
                                           collision with departing traffic.                        the airport based on further information              2,000 feet by establishing radio
                                                                                                    received from informal meetings, radar                communications and receiving approval
                                              (c) Limiting airspace to 2,000 feet will
                                                                                                    operating practices, and surveillance                 by the tower based on the air traffic
                                           only encourage pilots to transition the
                                                                                                    equipment. The airspace was tailored to               situation. The same aircraft can fly over
                                           airspace with no communication, which
                                                                                                    provide minimum inconvenience while                   the airspace at 2,501 feet without
                                           is dangerous.
                                                                                                    optimizing safety. Radar equipment is                 communicating with the tower. The
                                              (d) A few miles north of the airport
                                                                                                    not a requirement for a control tower.                potential for aircraft to be departing
                                           the Class B airspace begins at 3,000 feet                                                                      Houston Executive Airport and climbing
                                           but the majority of the Class B area over                This particular tower is a Non Federal
                                                                                                    Contract Tower; the FAA is not                        to 2,000 feet with aircraft overflying the
                                           the airport is 4,000 feet.                                                                                     same area at 2,001 feet does not provide
                                              (e) Simply requesting a transition to                 responsible for providing this type of
                                                                                                    equipment. Currently, airport traffic                 an adequate safety net. Although there
                                           the tower will make everyone aware of                                                                          was a comment that Sugar Land Airport
                                           the transitioning aircraft.                              activity does not meet the threshold for
                                                                                                    establishing a radar environment.                     had a 2,000 foot top altitude, a review
                                              (f) The airspace is usually congested                                                                       of this comment reveals a top altitude
                                                                                                       2. Comment: Support of the Class D
                                           with pilots landing or departing                                                                               up to, but not including 2,600 feet.
                                                                                                    airspace at 2,000 feet.
                                           Houston Executive Airport or nearby                         Seventy-six comments opposed the                   David Wayne Hooks Airport does have
                                           airports and pilots flying VFR along                     2,500-foot top and another 322 signed a               up to but not including a 2,000 foot top
                                           I–10 at 2,500 feet Class D ceiling is the                late-filed petition opposing the altitude             altitude; however, this airport underlies
                                           ceiling pilots have been taught to fly.                  of 2,500 feet. This group of 398 did                  Class B airspace that begins at 2,000
                                              (g) Should declare the full circle of 4               support the creation of the airspace if               feet. An IFR exit to the west of DWH is
                                           NM radius as Class D, including surface                  the top altitude was 2,000 feet MSL.                  capped at 2,000 feet. In making its
                                           to 2,700 feet MSL as done at KHY,                        They said reducing tower coordination                 decision, the FAA reviewed the
                                           KAFW, KFWS, KADS.                                        with a 2,000-foot altitude, and allowing              operations at the airport, informal
                                              (h) The rule if adopted would make                    for more separation of airspace between               meeting notes, radar operating practices,
                                           the controlled airspace around Houston                   Class B and Class D, would provide a                  and surveillance equipment. With
                                           Executive Airport consistent with                        greater and safer transition for aircraft             respect to the comment about victor
                                           comparable towered airfields in the U.S.                 flying along Houston’s east/west                      airways, they are in a small section of
                                           Sugarland and Conroe were given                          corridor.                                             the class D footprint. Approximately 10
                                           higher ceiling altitudes than 2,500 feet.                   Some of the reasons for limiting top               percent underlie Class B Shelf at 3,000
                                              (i) Houston Executive Airport is only                 of airspace to 2,000 included:                        feet. Controlled traffic on V–68 and
                                           airport on the west side of Houston on                      (a) Other airports (DWH, HQZ, GKY,                 V–222 will be at 3,000 feet or higher.
                                           the I–10 corridor with the ability to                    and SGR) have a top altitude of 2,000                 VFR aircraft are knowledgeable about
                                           handle large cabin class aircraft and a                  feet.                                                 these airways and are to maneuver
                                           runway length of 6,610 feet.                                (b) A 2,500 foot MSL will severely                 themselves to be clear of other aircraft,
                                              (j) Not true that having the top of the               restrict approaches and departures at                 see and avoid. The airspace was tailored
                                           Class D airspace at 2,500 feet ‘‘squeezes                IWS.                                                  to provide minimum inconvenience
                                           VFR aircraft into a narrow band.’’ It is                    (c) A 2,000 foot ceiling or lower could            while optimizing safety. The FAA has
                                           a simple matter to call Houston                          lessen the effect on the KIWS traffic                 determined that 2,500 feet is an
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                                           Executive Tower and coordinate a                         located 12 NM E of TME, which has a                   appropriate altitude to enhance safety
                                           clearance to transit the Class D airspace                high proportion of VFR and sport pilot                and allow flexibility to the VFR pilot.
                                           or call Houston Approach and get a                       traffic. Most IFR departures from KIWS                   3. Comment: Support of the Class D
                                           clearance to transit through the Class B                 (Runway 15) are cleared to enter                      proposal at 1,700 feet.
                                           airspace. Support for Class D Airspace,                  controlled airspace heading 270 degrees                  One commenter supported Class D
                                           but radar is necessary.                                  at 2,000 feet.                                        airspace with an altitude of 1,700 feet.


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                                           65272            Federal Register / Vol. 81, No. 184 / Thursday, September 22, 2016 / Rules and Regulations

                                              FAA response: 14 CFR 91.129 sets                         (f) Class D should not be implemented                 (m) Eliminates practice area used by
                                           minimum altitudes when operating in                      until tower existence is published.                   local pilots.
                                           Class D airspace, unless otherwise                          (g) Will cause transition to South and                (n) IFR has no priority over VFR in
                                           required, by the distance from cloud                     cause flights and noise over residential              uncontrolled airspace.
                                           criteria; each pilot of a turbine-powered                areas of Katy, Cinco Ranch, and                          (o) Same result can be achieved by
                                           airplane and each pilot of a large                       Brookshire. Should consider these                     Class E controlled airspace to the
                                           airplane must climb to an altitude of                    alternatives: (1) No Class D; (2) Class D             ground, not just at nighttime like in this
                                           1,500 feet above the surface as rapidly                  ceiling 1,500 AGL rather than 2,000                   proposal, but for 24/24 instead of a
                                           as possible. The FAA has determined                      AGL; (3) Make southern border of Class                daytime Class D. I would therefore
                                           that 2,500 feet is an appropriate altitude               D align with northern edge of I–10.                   propose to change the controlled
                                           to enhance safety and allow flexibility                     (h) VFR traffic will deviate around the            airspace for KTME to Class E 24h
                                           to the VFR pilot.                                        south side putting west and east-bound                instead of day Class D/Night Class E.
                                              4. Comment: Support for Class D at                    traffic on potential collision course for                (p) IFR pilots could use Hobby.
                                                                                                                                                             (q) IFR pilots have the same obligation
                                           2,500 feet but with Full Circle (4 miles)                the following reasons:
                                                                                                                                                          as VFR pilots to ‘‘See and Avoid’’ when
                                           Airspace without Cutout for Sport                           (1) By establishing Class D around
                                                                                                                                                          in VMC.
                                           Flyers Airport.                                          KTME, this VFR traffic will choose to                    (r) Aircraft diverting either north or
                                              FAA response: The informal meetings                   deviate around the south side of the                  south would put aircraft closer to the
                                           with the community resulted in                           proposed Class D. That will put west-                 instrument approaches for KTME.
                                           reducing the size of the proposed Class                  and east-bound traffic on a potential                    FAA response: The term corridor is
                                           D to its current cutout shape. This                      collision course. Although in practice                generally used for the portion of I–10
                                           proposal reduces the allowed 4-nautical                  VFR traffic is often at 1,500′ even this              that is underneath the Class B airspace;
                                           mile radius around TME to assist the                     far out west, it could fly at a higher                when the Class B airspace terminates, so
                                           operators transitioning in and out of                    altitude. However, even the Houston                   does the corridor. It is important to note
                                           Sport Flyers Airport without the need of                 VFR flyway chart encourages VFR traffic               that the portion of the east/west I–10
                                           establishing radio communications with                   to stay below 2,500′ in this area.                    corridor that lies inside the Class D does
                                           TME. The proposed cutout also allows                     Adhering to that recommended altitude                 not underlie Class B. The VFR operation
                                           for accommodation of a private airstrip                  would still require a deviation south                 can still occur along I–10 either by
                                           to the southwest of TME. This cutout                     around the proposed KTME Class-D, so                  circumnavigating the area
                                           complies with established rules in FAA                   the safety concern noted above still                  approximately 14 flying miles or by
                                           Order 7400.2K Chapter 17–2–3,                            stands.                                               establishing radio communications with
                                           SATELLITE AIRPORTS, paragraph a.                            (2) VFR aircraft flying in opposite                the operating tower according to 14 CFR
                                           Using shelves and/or cutouts to the                      directions would normally have a 1,000                91.126 or (if Class E airspace) 14 CFR
                                           extent practicable, exclude satellite                    ft. separation between themselves                     91.127. Since this area is not charted
                                           airports from the Class D airspace area.                 (whole altitudes + 500 ft.). With only                and the opening of TME was not widely
                                              5. Comment: Concerns of east-west                     1,500 foot above TME (2,500 ft to 4,000               known, the FAA has provided relief
                                           VFR corridor compression.                                ft) . . . what are the procedures for safe            during this period by waiving the
                                              Forty-eight comments were received                    separation??? IFR are at the whole                    requirement to establish radio
                                           as to this loss of airspace and to the                   altitudes! So . . . If TME Class D has a              communications with the control tower
                                           creation of airspace above 2,000 feet as                 ceiling of 2,500 ft, 2,600 ft to 3,900 ft is          during the airspace rulemaking process.
                                           a safety issue, having a major impact on                 all that is left! In such a case. Only one            14 CFR 91.129 set minimum altitudes
                                           the VFR community. They commented                        VFR altitude is available [Eastbound:                 when operating in Class D airspace,
                                           that the east/west corridor along I–10                   3,500 ft] [FAR Part 91.159] and that                  unless otherwise required by the
                                           has long been a familiar route for VFR                   leaves Westbound VFR traffic with                     distance from cloud criteria, each pilot
                                           pilots transitioning through the airspace                dangerous choices. VFR traffic flying                 of a turbine-powered airplane and each
                                           for the last thirty years; they enjoy the                over TME at 2,100 with a 2,000 ft.                    pilot of a large airplane must climb to
                                           visual reference and not having to                       corridor above TME is less likely than                an altitude of 1,500 feet above the
                                           communicate with small airports at the                   VFR traffic using 2,600 or 3,900 in a                 surface as rapidly as possible. The
                                           accustomed altitude of 2,000 feet.                       1,500 ft. corridor. Westbound VFR won’t               distance needed to climb to 1,500 feet
                                           Comments included:                                       have any option that will give them                   does not make the option to cap the
                                              (a) Compressing transient VFR traffic                 more than 400 ft. separation from                     southern border at I–10 feasible. VFR
                                           along I–10 corridor to 500′ vertically                   Eastbound VFR or IFR traffic.                         aircraft departing to and from West
                                           will increase risk of collision.                            (i) Would have to drop 1,500 feet in               Houston Airport could have a normal
                                              (b) Will make flying cross country                    order to land at West Houston Airport                 climb/descent profile by communicating
                                           more stressful.                                          when coming from the West. Would we                   with TME tower and receiving
                                              (c) Proposed airspace is dangerous                    be better off with this traffic flying over           permission to transition through the
                                           because it sits at the mouth or exit of the              Houston at 10,000 feet or around the                  airspace; this should not be approved if
                                           VFR corridor between the two huge                        Class B airspace?                                     aircraft activity is in the same area. This
                                           Class B airspaces over Houston.                             (j) This would interfere with all the              would maintain or increase safety from
                                              (d) KTME does not need Class D                        commercial flights coming into IAH and                today’s environment.
                                           because it does not have a lot of traffic                HOU.                                                     This airspace action is not expected to
                                           and it is not for the common good of all.                   (k) Directly effects VFR traffic on                cause any potentially significant
                                              (e) Proposed airspace significantly                   Victor airways.                                       environmental impacts, including no
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                                           reduces usable airspace for the majority                    (l) Rather than speak with the tower               significant noise impacts. No
                                           to accommodate a few elite jets; Safety                  at KTME, aircraft will in all likelihood              extraordinary circumstances exists that
                                           should be for the most pilots, not the                   divert either north or south. This then               warrant preparation of an
                                           richest. There are only a few IFR days                   increases over flights to X09 and the                 environmental assessment.
                                           where Class D might be beneficial; but                   Gloster (1XO7) skydive location JIM                      When operating in VFR weather
                                           there are many VFR flyers.                               MAIM.                                                 conditions, it is the pilot’s responsibility


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                                                            Federal Register / Vol. 81, No. 184 / Thursday, September 22, 2016 / Rules and Regulations                                      65273

                                           to be vigilant so as to see and avoid                      FAA response: This airport and its                  an already congested airspace. The
                                           other aircraft (14 CFR 91.113(a)). The                   location do not meet criteria for Class B             concerns were departures of airports
                                           Aeronautical Information Manual (AIM)                    airspace.                                             underneath the Class B, practice areas
                                           recommends that for aircraft 8,000 feet                    7. Comment: Supports Class E                        for student training, and the airspace
                                           AGL and below, extra vigilance be                        airspace only.                                        compression along the east west I–10
                                           maintained and that monitoring an                          Five comments received supported                    corridor.
                                           appropriate control frequency is to the                  the proposal of 2,500 feet if the airspace
                                                                                                                                                             FAA response: The FAA has reviewed
                                           VFR pilot’s advantage to ‘‘get the picture               would be classified as Class E airspace.
                                                                                                      FAA response: The requirement for                   these concerns and agrees this is a
                                           of traffic in the area.’’ VFR pilots are to                                                                    compression of airspace with the
                                           see and avoid other aircraft and to be                   VFR aircraft to establish radio
                                                                                                    communications is still in effect for                 establishment of Class D airspace. The
                                           extremely vigilant in congested VFR                                                                            proposal notes that 10 percent of the
                                           areas and Victor airways. Once again, an                 Class G and/or Class E airspace; 14 CFR
                                                                                                    91.126 and 14 CFR 91.127. Establishing                Class D footprint sits below the Class B
                                           operating tower that meets the                                                                                 shelf at 3,000 feet. The east/west I–10
                                           requirements of FAA Order 7400.2K,                       the proposed Class D airspace will
                                                                                                    reduce the overall airspace dimensions.               corridor underlies Class B airspace;
                                           Chapter 17, is authorized Class D                                                                              however, the portion of I–10 that does
                                           airspace. This proposal will have Class                  Approval to transit the area is still
                                                                                                    required; the benefit will be that all                underlie the proposed Class D does not
                                           D airspace during tower operating hours
                                                                                                    aircraft will have access to VFR charts               underlie Class B airspace. During the
                                           and Class E surface area airspace during
                                                                                                    and the airspace would be depicted.                   informal meetings this factor was taken
                                           non-operating hours. The proposed
                                                                                                      14 CFR 91.127, Operating on or in the               into consideration and resulted in the
                                           altitude of 2,500 does not interfere with
                                                                                                    vicinity of an airport in Class E airspace,           proposed airspace being lowered from
                                           commercial traffic landing or departing
                                                                                                    states:                                               2,700 feet to 2,500 feet to allow for more
                                           IAH or HOU. The formal establishment
                                                                                                      (c) Communications with control                     airspace. The compression to the
                                           of Class D airspace will allow for
                                                                                                    towers. Unless otherwise authorized or                northeast underlying Class B airspace is
                                           charting of the airspace dimensions and
                                                                                                    required by ATC, no person may operate                not considered the VFR corridor. The
                                           altitude which will provide notice to
                                                                                                    an aircraft to, from, through or on an                FAA believes this to have minimal
                                           pilots to communicate or
                                                                                                    airport having an operational control                 impact on those aircraft that would have
                                           circumnavigate this area. The pilot will
                                                                                                    tower unless two-way radio                            to fly around or over the proposed
                                           not be affected if the aircraft flies above
                                                                                                    communications are maintained                         airspace.
                                           2,500 feet. The FAA acknowledges the
                                           inconvenience to the VFR pilot of flying                 between that aircraft and the control                    The tower at Houston Executive
                                           at or above 2,500 feet and establishing                  tower. Communications must be                         Airport is established and the Class D
                                           radio communications with control                        established prior to 4 nautical miles                 and E airspace areas are being provided
                                           towers. 14 CFR 91.126, Class G airspace;                 from the airport, up to and including                 according to federal regulations. The
                                           14 CFR 91.127, Class E airspace require                  2,500 feet AGL. However, if the aircraft              Class D proposal to reduce the allowed
                                           communication with the operating                         radio fails in flight, the pilot in                   footprint of the airspace provides for
                                           control tower (TME) unless otherwise                     command may operate that aircraft and                 safe and efficient use of airspace. Class
                                           authorized by ATC. The FAA does not                      land if weather conditions are at or                  D enhances safety by setting VFR
                                           agree that altitude compression will be                  above basic VFR weather minimums,                     weather minima specified in 14 CFR
                                           constrained in this area since the floor                 visual contact with the tower is                      91.155 and through the communications
                                           of the Class B airspace is southeast of                  maintained, and a clearance to land is                and other requirements in 14 CFR
                                           the proposed Class D airspace.                           received. If the aircraft radio fails while           91.129 (and 14 CFR 91.127 for E
                                              6. Comment: Three commenters stated                   in flight under IFR, the pilot must                   airspace). Once Class D airspace is
                                           that the proposed rulemaking (NPRM)                      comply with 14 CFR 91.185.                            charted, the information is accessible to
                                                                                                      8. Comment: No support for any                      all pilots. The FAA understands the
                                           should be to establish Class B Airspace
                                                                                                    change to the present airspace                        concerns of the commenters. However,
                                           in the Brookshire, TX area, instead of
                                                                                                    allocation.                                           the FAA chose the upper limit of the
                                           Class D and Class E Airspace. The                           Thirty-one comments received
                                           commenters preferred to have the entire                                                                        airspace at 2,500 feet to establish higher
                                                                                                    rejected the proposal entirely. An                    weather minima for VFR aircraft,
                                           airspace controlled by the FAA. Some of                  immediate return to the status quo was
                                           the reasons cited in favor of Class B                                                                          transitioning above the airspace thus
                                                                                                    requested based on the long standing                  restricting access to VFR flights in the
                                           airspace were:                                           operations in this area. Additionally,
                                              (a) A few miles north of the airport,                                                                       airspace while IFR operations are in
                                                                                                    many commenters cited the east/west I–                progress. VFR aircraft transitioning at
                                           the Class B airspace begins at 3,000 feet                10 corridor and the compression of the
                                           but the majority of the Class B area over                                                                      2,000 feet through the airspace will still
                                                                                                    VFR navigable air space in the northeast              be allowed to do so as long as radio
                                           the airport is 4,000 feet.                               affected area as a concern. The majority
                                              (b) Raising the top to meet the Class                                                                       communications are established with
                                                                                                    of comments provided for an alternate                 the tower prior to the aircraft entering
                                           B further removes any confusion to                       choice of a top altitude of 2,000 feet.
                                           transient traffic.                                                                                             the Class D airspace, and no additional
                                                                                                       FAA response: The TME control
                                              (c) TME, with its physical location                                                                         conflicts with other airspace users arise.
                                                                                                    tower opened October 1, 2014, and is
                                           near Houston’s Corporate Energy                          operational; the status quo can no longer                Class D and Class E airspace
                                           Corridor and ample 6,610′ × 100′                         be maintained. The FAA is complying                   designations are published in paragraph
                                           runway, is attracting an ever growing                    with all appropriate regulations.                     5000, 6002, and 6005, respectively, of
                                           number of larger and faster aircraft                        9. Comment: Airspace compression in                FAA Order 7400.11A dated August 3,
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                                           (turboprops and jets).                                   the northeast quadrant under Class B.                 2016, and effective September 15, 2016,
                                              (d) Class D airspace tends to have less                  Twenty comments received                           which is incorporated by reference in 14
                                           recreational flyers and experimental                     concerned the compression of navigable                CFR part 71.1. The Class E airspace
                                           traffic that tend to increase immediate                  airspace under Class B and Class D                    designations listed in this document
                                           airport traffic congestion and noise with                airspace around TME. Cited were safety                will be published subsequently in the
                                           constant circling for touch and goes, etc.               concerns for VFR aircraft to squeeze into             Order.


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                                           65274            Federal Register / Vol. 81, No. 184 / Thursday, September 22, 2016 / Rules and Regulations

                                           Availability and Summary of                              does not warrant preparation of a                     thereafter be continuously published in the
                                           Documents for Incorporation by                           Regulatory Evaluation as the anticipated              Chart Supplement.
                                           Reference                                                impact is so minimal. Since this is a                 *        *   *     *      *
                                              This document amends FAA Order                        routine matter that only affects air traffic          Paragraph 6002 Class E Airspace
                                           7400.11A, airspace Designations and                      procedures and air navigation, it is                  Designated as Surface Areas.
                                           Reporting Points, dated August 3, 2016,                  certified that this rule, when
                                                                                                    promulgated, does not have a significant              ASW TX E2 Brookshire, TX [New]
                                           and effective September 15, 2016. FAA                                                                          Houston Executive Airport, TX
                                           Order 7400.11A is publicly available as                  economic impact on a substantial
                                                                                                    number of small entities under the                      (Lat. 29°48′18″ N., long. 95°53′52″ W.)
                                           listed in the ADDRESSES section of this                                                                          That airspace extending upward from the
                                           document. FAA Order 7400.11A lists                       criteria of the Regulatory Flexibility Act.
                                                                                                                                                          surface to and including 2,500 feet MSL
                                           Class A, B, C, D, and E airspace areas,                  Environmental Review                                  bounded by a line beginning at lat. 29°46′44″
                                           air traffic service routes, and reporting                                                                      N., long. 95°58′06″ W., to lat. 29°47′35″ N.,
                                           points.                                                     The FAA has determined that this                   long. 95°55′49″ W., to lat. 29°51′55″ N., long.
                                                                                                    action qualifies for categorical exclusion            95°55′52″ W., thence clockwise along the 4-
                                           The Rule                                                 under the National Environmental                      mile radius of Houston Executive Airport, to
                                              This amendment to Title 14, Code of                   Policy Act in accordance with FAA                     the point of beginning. This Class E airspace
                                           Federal Regulations (14 CFR) part 71                     Order 1050.1F, ‘‘Environmental                        area is effective during the specific dates and
                                           establishes Class D airspace, and Class                  Impacts: Policies and Procedures,’’                   times established in advance by a Notice to
                                                                                                    paragraph 5–6.5a. This airspace action                Airmen. The effective date and time will
                                           E surface area airspace extending                                                                              thereafter be continuously published in the
                                           upward from the surface to and                           is not expected to cause any potentially
                                                                                                                                                          Chart Supplement.
                                           including 2,500 feet MSL within a 4-                     significant environmental impacts, and
                                                                                                    no extraordinary circumstances exists                 *        *   *     *      *
                                           mile radius of Houston Executive
                                           Airport, excluding that airspace west                    that warrant preparation of an                        Paragraph 6005 Class E Airspace Areas
                                           and northwest, to accommodate the                        environmental assessment.                             Extending Upward From 700 Feet or More
                                           establishment of an airport traffic                                                                            Above the Surface of the Earth.
                                                                                                    Lists of Subjects in 14 CFR Part 71
                                           control tower. This action reduces the                                                                         ASW TX E5 Brookshire, TX [New]
                                           allowed 4 nautical mile radius around                     Airspace, Incorporation by reference,                Houston Executive Airport, TX
                                           Houston Executive Airport to assist the                  Navigation (air).                                       (Lat. 29°48′18″ N., long. 95°53′52″ W.)
                                           operators transitioning in and out of                                                                            That airspace extending upward from 700
                                           Sport Flyers Airport without the need of                 Adoption of the Amendment
                                                                                                                                                          feet above the surface within a 6.6-mile
                                           establishing radio communications with                     In consideration of the foregoing, the              radius of Houston Executive Airport.
                                           Houston Executive Airport. The                           Federal Aviation Administration
                                           proposed cutout also allows for                                                                                  Issued in Fort Worth, TX, on September 14,
                                                                                                    amends 14 CFR part 71 as follows:                     2016.
                                           accommodation for a private airstrip to
                                           the southwest of Houston Executive                       PART 71—DESIGNATION OF CLASS A,                       Vonnie L. Royal,
                                           Airport. This amendment to Title 14,                     B, C, D, AND E AIRSPACE AREAS; AIR                    Manager, Operations Support Group, ATO
                                           Code of Federal Regulations (14 CFR)                     TRAFFIC SERVICE ROUTES; AND                           Central Service Center.
                                           part 71 also establishes Class E airspace                REPORTING POINTS                                      [FR Doc. 2016–22723 Filed 9–21–16; 8:45 am]
                                           extending upward from 700 feet or more                                                                         BILLING CODE 4910–13–P
                                           above the surface of the earth within a                  ■ 1. The authority citation for part 71
                                           6.6-mile radius of Houston Executive                     continues to read as follows:
                                           Airport, to accommodate standard                                                                               DEPARTMENT OF TRANSPORTATION
                                                                                                      Authority: 49 U.S.C. 106(f), 106(g); 40103,
                                           instrument approach procedures.                          40113, 40120, E.O. 10854, 24 FR 9565, 3 CFR,          Federal Aviation Administration
                                           Controlled airspace is needed for the                    1959–1963 Comp., p. 389.
                                           safety and management of IFR
                                                                                                    § 71.1   [Amended]                                    14 CFR Part 71
                                           operations at the airport.
                                              Class D and E airspace areas are                                                                            [Docket No. FAA–2016–5388; Airspace
                                                                                                    ■ 2. The incorporation by reference in                Docket No. 16–ACE–4]
                                           published in paragraph 5000, 6002, and
                                                                                                    14 CFR 71.1 of FAA Order 7400.11A,
                                           6005, respectively, of FAA Order
                                                                                                    Airspace Designations and Reporting                   Revocation of Class E Airspace;
                                           7400.11A, dated August 3, 2016, and
                                                                                                    Points, dated August 3, 2016, effective               Alliance, NE; and Amendment of Class
                                           effective September 15, 2016, which is
                                                                                                    September 15, 2016, is amended as                     E Airspace for the Following Nebraska
                                           incorporated by reference in 14 CFR
                                                                                                    follows:                                              Towns; Albion, NE; Alliance, NE;
                                           71.1. The Class E airspace designations
                                           listed in this document will be                                                                                Gothenburg, NE; Holdrege, NE;
                                                                                                    Paragraph 5000       Class D Airspace.                Imperial, NE; Lexington, NE; and
                                           published subsequently in the Order.
                                                                                                    ASW TX D Brookshire, TX [New]                         Millard Airport, Omaha, NE
                                           Regulatory Notices and Analyses                          Houston Executive Airport, TX                         AGENCY:  Federal Aviation
                                              The FAA has determined that this                        (Lat. 29°48′18″ N., long. 95°53′52″ W.)             Administration (FAA), DOT.
                                           regulation only involves an established                    That airspace extending upward from the             ACTION: Final rule.
                                           body of technical regulations for which                  surface to and including 2,500 feet MSL
                                           frequent and routine amendments are                      bounded by a line beginning at lat. 29°46′44″         SUMMARY:   This action removes Class E
                                           necessary to keep them operationally                     N., long. 95°58′06″ W., to lat. 29°47′35″ N.,         surface area airspace at Alliance
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                                           current. It, therefore: (1) Is not a                     long. 95°55′49″ W., to lat. 29°51′55″ N., long.       Municipal Airport, Alliance, NE; and
                                                                                                    95°55′52″ W., thence clockwise along the 4-
                                           ‘‘significant regulatory action’’ under                  mile radius of Houston Executive Airport to
                                                                                                                                                          modifies Class E airspace extending
                                           Executive Order 12866; (2) is not a                      the point of beginning. This Class D airspace         upward from 700 feet above the surface
                                           ‘‘significant rule’’ under DOT                           area is effective during the specific dates and       at Albion Municipal Airport, Albion,
                                           Regulatory Policies and Procedures (44                   times established in advance by a Notice to           NE; Alliance Municipal Airport,
                                           FR 11034; February 26, 1979); and (3)                    Airmen. The effective date and time will              Alliance, NE; Quinn Field, Gothenburg,


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Document Created: 2016-09-22 01:03:55
Document Modified: 2016-09-22 01:03:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective 0901 UTC, November 10, 2016. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.11 and publication of conforming amendments.
ContactRaul Garza, Jr., Central Service Center, Operations Support Group, Federal Aviation Administration, Southwest Region, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone: (817) 222-5874.
FR Citation81 FR 65270 
CFR AssociatedAirspace; Incorporation by Reference and Navigation (air)

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