[Federal Register Volume 63, Number 18 (Wednesday, January 28, 1998)]
[Rules and Regulations]
[Pages 4162-4166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1624]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 95-AWA-1]
RIN 2120-AA66


Modification of the Houston Class B Airspace Area; TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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[[Page 4163]]

SUMMARY: This action modifies the Houston, TX, Class B airspace area. 
Specifically, this action reconfigures two existing subarea boundaries 
and establishes an additional subarea within the Houston Class B 
airspace area. The FAA is taking this action to enhance safety, reduce 
the potential for midair collision, and to improve management of air 
traffic operations into, out of, and through the Houston Class B 
airspace area while accommodating the concerns of airspace users. 
Additionally, the graphic that accompanied the notice proposing this 
action inadvertently depicted several incorrect mileage points. This 
action corrects those errors.

EFFECTIVE DATE: 0901 UTC, February 26, 1998.

FOR FURTHER INFORMATION CONTACT: Ms. Sheri A. Edgett Baron, Airspace 
and Rules Division, ATA-400, Office of Air Traffic Airspace Management, 
Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, DC 20591: telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION:

Background

    On December 17, 1991, the FAA published the Airspace 
Reclassification Final Rule (56 FR 65655). This rule discontinued the 
use of the term ``Terminal Control Area'' and replaced it with the 
designation ``Class B airspace area.'' This change in terminology is 
reflected in this final rule.
    The Class B airspace area program was developed to reduce the 
potential for midair collision in the congested airspace surrounding 
airports with high density air traffic by providing an area wherein all 
aircraft are subject to certain operating rules and equipment 
requirements.
    The density of traffic and the type of operations being conducted 
in the airspace surrounding major terminals increases the probability 
of midair collisions. In 1970, an extensive study found that the 
majority of midair collisions occurred between a general aviation (GA) 
aircraft and an air carrier or military aircraft, or another GA 
aircraft. The basic causal factor common to these conflicts was the mix 
of aircraft operating under visual flight rules (VFR) and aircraft 
operating under instrument flight rules (IFR). Class B airspace areas 
provide a method to accommodate the increasing number of IFR and VFR 
operations. The regulatory requirements of Class B airspace areas 
afford the greatest protection for the greatest number of people by 
giving air traffic control (ATC) increased capability to provide 
aircraft separation service, thereby minimizing the mix of controlled 
and uncontrolled aircraft.
    On May 21, 1970, the FAA published the Designation of Federal 
Airways, Controlled Airspace, and Reporting Points Final Rule (35 FR 
7782). This rule provided for the establishment of Class B airspace 
areas. To date, the FAA has established a total of 29 Class B airspace 
areas.
    The standard configuration of a Class B airspace area contains 
three concentric circles centered on the primary airport extending to 
10, 20, and 30 nautical miles (NM), respectively. The standard vertical 
limit of a Class B airspace area normally should not exceed 10,000 feet 
mean sea level (MSL), with the floor established at the surface in the 
inner area and at levels appropriate for the containment of operations 
in the outer areas. Variations of these criteria may be utilized 
contingent on the terrain, adjacent regulatory airspace, and factors 
unique to the terminal area.
    The coordinates in this docket are based on North American Datum 
83. Class B airspace areas are published in paragraph 3000 of FAA Order 
7400.9E, dated September 10, 1997, and effective September 16, 1997 
which is incorporated by reference in 14 CFR 71.1. The Class B airspace 
area listed in this document will be published subsequently in the 
Order.

Related Rulemaking Actions

    On June 21, 1988, the FAA published the Transponder with Automatic 
Altitude Reporting Capability Requirement Final Rule (53 FR 23356). 
This rule requires all aircraft to have an altitude encoding 
transponder when operating within 30 NM of any designated Class B 
airspace primary airport from the surface up to 10,000 feet MSL. This 
rule excluded those aircraft that were not originally certificated with 
an engine driven electrical system, (or those that have not 
subsequently been certified with such a system), balloons, or gliders.
    On October 14, 1988, the FAA published the Terminal Control Area 
(TCA) Classification and TCA Pilot and Navigation Equipment 
Requirements Final Rule (53 FR 40318). This rule, in part, requires the 
pilot-in-command of a civil aircraft operating within a Class B 
airspace area to hold at least a private pilot certificate, except for 
a student pilot who has received certain documented training.

Public Input

    In June 1992, an ad hoc committee was formed, representing airspace 
users, to analyze the Houston Class B airspace area and develop 
recommendations for modifying the existing airspace design. The ad hoc 
committee met on several occasions and submitted written 
recommendations for modifying the Houston Class B airspace area.
    As announced in the Federal Register on January 28, 1994 (59 FR 
4134), a pre-NPRM informal airspace meeting was held on April 19, 1994, 
in Pasadena, TX, to provide local airspace users an opportunity to 
present input on the design of the planned modifications of the Houston 
Class B airspace area.
    On October 30, 1997, the FAA published an NPRM (62 FR 58694) that 
proposed to modify the Houston, TX, Class B airspace area. Interested 
parties were invited to participate in this rulemaking effort by 
submitting comments on the proposal to the FAA. In response to this 
NPRM, the FAA received one comment from the Chapter 712 Experimental 
Aircraft Association. This comment supported the proposal.

The Rule

    This amendment to 14 CFR part 71 (part 71) modifies the Houston 
Class B airspace area. Specifically, this action reconfigures subarea 
A, expands subarea D, and establishes an additional subarea E southwest 
of the William P. Hobby Airport within the existing Houston Class B 
airspace area. The FAA is taking this action to enhance safety, reduce 
the potential for midair collision, and to improve management of air 
traffic operations into, out of, and through the Houston Class B 
airspace area while accommodating the concerns of airspace users.
    This action realigns a portion of the eastern boundary of subarea D 
where it intersects I-10 in the vicinity of Bayton Airport and R.W.J. 
Airpark, by extending the boundary along the Humble VORTAC 30 NM arc 
until it intercepts the 20 NM arc of the Hobby VOR/DME. The 4,000 feet 
MSL floor of subarea D allows nonparticipating aircraft ingress and 
egress out of the Bayton Airport and R.W.J. Airpark.
    Additionally, this action reconfigures a portion of subarea A 
around William P. Hobby Airport by reconfiguring its eastern boundary. 
This modification provides aircraft operators utilizing Ellington 
Airport approximately 1 \1/2\-miles of additional airspace for aircraft 
operations west of Ellington Airport.
    This action also creates a new subarea E in the vicinity of 
Southwest Airport with a floor of 2,500 feet MSL. This modification 
provides additional airspace for nonparticipating aircraft operating 
below the floor of the Houston Class B airspace area.

[[Page 4164]]

    The graphic included in the NPRM inadvertently depicted several 
incorrect mileage points. The 15 and 20-mile arcs were depicted with 
incorrect mileage, and the 8-mile arc surrounding the George Bush 
Intercontinental Airport did not depict mileage. Except for mileage 
corrections made to the graphic, this amendment is the same as that 
proposed in the notice.

Regulatory Evaluation Summary

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs that each Federal agency 
shall propose or adopt a regulation only upon a reasoned determination 
that the benefits of the intended regulation justify its costs. Second, 
the Regulatory Flexibility Act of 1980 requires agencies to analyze the 
economic effect of regulatory changes on small entities. Third, the 
Office of Management and Budget directs agencies to assess the effect 
of regulatory changes on international trade. In conducting these 
analyses, the FAA has determined that this final rule: (1) Will 
generate benefits that justify its costs and is not ``a significant 
regulatory action'' as defined in the Executive Order; (2) is not 
significant as defined in Department of Transportation's Regulatory 
Policies and Procedures; (3) will not have a significant impact on a 
substantial number of small entities; (4) will not constitute a barrier 
to international trade; and (5) will not contain any Federal 
intergovernmental or private sector mandate. Therefore, the 
requirements of Title II of the Unfunded Mandates Reform Act of 1995 do 
not apply. These analyses are summarized here in the preamble and in 
the full Regulatory Evaluation in the docket.
    The regulatory evaluation analyzes the potential costs and benefits 
of the final rule to amend part 71. This final rule reconfigures 
several subareas and establishes a subarea within the Houston, TX, 
Class B airspace area. Specifically, this final rule reconfigures 
subarea A, expands subarea D, and establishes a subarea E with a floor 
of 2,500 feet MSL.
    The FAA has determined that this rule will generate benefits for 
system users and the agency by enhancing aviation safety and 
operational efficiency. Operational efficiency will increase through 
the enhanced capability of Houston Air Traffic Control Tower (ATCT) to 
provide sequencing and separation of arrivals and departures for IFR 
and VFR operations in areas of higher complexity by releasing airspace 
in that portion of subarea A where there is less traffic.
    The FAA has determined that aircraft operators will not incur any 
additional navigational or equipment costs as a result of this rule. 
The modification of subarea D slightly expands the overall size of the 
Class B airspace area, and will not impose any additional avionics 
equipment or circumnavigation cost onto operators. The reconfiguration 
of subarea A will move the lateral boundary inward (west), subsequently 
reducing the overall size of the subarea. The FAA contends that the 
reduction of the subarea lateral boundary may reduce circumnavigation 
cost for GA operations.
    The final rule will not impose any additional administrative costs 
onto the FAA for personnel, facilities, or equipment. This action 
provides additional ATC participation in subarea D with higher 
operations complexity, but will not expand the Class B airspace area 
lateral boundaries beyond the 30 NM arc.
    In view of the potential benefits of enhanced aviation safety and 
increased operational efficiency and the negligible cost of compliance, 
the FAA has determined that this rule will be cost-beneficial.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) was enacted by 
Congress to ensure that small entities are not unnecessarily and 
disproportionately burdened by Federal regulations. The RFA requires 
regulatory agencies to review rules which may have ``a significant 
economic impact on a substantial number of small entities.''
    The FAA certifies that the final rule will not have an adverse 
effect on a substantial number of small entities. This assessment is 
based on the premise that potentially impacted operators regularly fly 
into airports where radar approach control services have already been 
established. In addition, increasing the overall size of the Class B 
airspace area by such a small area will not impose any additional cost 
on circumnavigating operators for time and fuel. The FAA contends that 
the final rule will not result in a significant economic impact on a 
substantial number of small entities, in view of the negligible cost of 
compliance. Therefore, a regulatory flexibility analysis is not 
required under the terms of the RFA.

International Trade Impact Assessment

    The final rule will not constitute a barrier to international trade 
to either the export of American goods and services to foreign 
countries, or to the import of foreign goods and services into the 
United States. This modification will not impose costs on aircraft 
operators or aircraft manufacturers in the U.S. or foreign countries. 
The modifications of the Houston Class B airspace area will only affect 
U.S. terminal airspace operating procedures in the vicinity of Houston. 
The modification will not have international trade ramifications 
because it is a domestic airspace matter that will not impose 
additional costs or requirements on affected entities.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Act), enacted 
as Pub. L. 104-4 on March 22, 1995, requires each Federal agency, to 
the extent permitted by law, to prepare a written assessment of the 
effects of any Federal mandate in a proposed or final agency rule that 
may result in the expenditure of $100 million or more adjusted annually 
for inflation in any one year by State, local, and tribal governments, 
in the aggregate, or by the private sector. Section 204(a) of the Act, 
2 U.S.C. 1534(a), requires the Federal agency to develop an effective 
process to permit timely input by elected officers (or their designees) 
of State, local and tribal governments on a proposed ``significant 
intergovernmental mandate.'' A ``significant intergovernmental 
mandate'' under the Act is any provision in a Federal agency regulation 
that would impose an enforceable duty upon State, local and tribal 
governments, in the aggregate, of $100 million, adjusted annually for 
inflation, in any one year. Section 203 of the Act, 203 U.S.C 1533, 
which supplements section 204(a), provides that before establishing any 
regulatory requirements that might significantly or uniquely affect 
small governments, the agency shall have developed a plan that among 
other things, provides for notice to potentially affected small 
governments, if any, and for a meaningful and timely opportunity to 
provide input in the development of regulatory proposals.
    This rule does not contain any Federal intergovernmental or private 
sector mandates. Therefore, the requirements of Title II of the 
Unfunded Mandates Reform Act of 1995 do not apply.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

[[Page 4165]]

PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND 
CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS

    1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.


Sec. 71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9E, Airspace Designations and 
Reporting Points, dated September 10, 1997, and effective September 16, 
1997, is amended as follows:

Paragraph 3000--Subpart B--Class B Airspace

* * * * *

ASW TX B Houston, TX [Revised]

George Bush Intercontinental Airport (IAH) (Primary Airport)
    (lat. 29 deg.58'50'' N., long. 95 deg.20'23'' W.)
William P. Hobby Airport (Secondary Airport)
    (lat. 29 deg.38'44'' N., long. 95 deg.16'44'' W.)
Ellington Field (lat. 29 deg.38'27'' N., long. 95 deg.09'32'' W.)
Humble VORTAC (IAH) (lat. 29 deg.57'25'' N., long. 95 deg.20'45'' 
W.)
Hobby VOR/DME (HUB) (lat. 29 deg.39'01'' N., long. 95 deg.16'45'' 
W.)

Boundaries

    Area A. That airspace extending upward from the surface to and 
including 10,000 feet MSL bounded by a line beginning at the 
intersection of the Humble VORTAC 8-mile arc and the 090 deg. 
radial; thence clockwise along the Humble VORTAC 8-mile arc to the 
Humble VORTAC 069 deg. radial; thence east along the Humble VORTAC 
069 deg. radial to the 10-mile arc of Humble VORTAC; thence 
clockwise along the 10-mile arc to the Humble VORTAC 090 deg. 
radial; thence west to the point of beginning; and that airspace 
bounded by a line beginning at lat. 29 deg.45'37'' N., long. 
95 deg.21'58'' W.; to lat. 29 deg.45'46'' N., long. 95 deg.11'47'' 
W.; thence clockwise along the Hobby VOR/DME 8-mile DME arc to 
intercept the Hobby VOR/DME 056 deg. radial; thence southwest along 
the Hobby VOR/DME 056 deg. radial to the 5.1 NM fix, thence direct 
to the Hobby VOR/DME 131 deg./005.8 NM fix; thence southeast along 
the Hobby VOR/DME 131 deg. radial to intercept the Hobby VOR/DME 7 
NM arc; thence clockwise on the 7 NM arc to the Hobby VOR/DME 
156 deg. radial; thence north along the Hobby VOR/DME 156 deg. 
radial to the Hobby VOR/DME 6-mile fix; thence clockwise along the 
Hobby VOR/DME 6 NM arc to the Hobby VOR/DME 211 deg. radial; thence 
south along the Hobby VOR/DME 211 deg. radial to the Hobby VOR/DME 
8-mile arc clockwise to the point of beginning.
    Area B. That airspace extending upward from 2,000 feet MSL to 
and including 10,000 feet MSL bounded by a line beginning at the 
intersection of State Highway 59 (SH 59) and the Hobby VOR/DME 15-
mile arc; thence counterclockwise along the Hobby VOR/DME 15-mile 
arc to the intersection of the Hobby VOR/DME 15-mile arc and State 
Road 6 (SR 6); thence southeast along SR 6 to the intersection of SR 
6 and Farm Road 521 (FR 521); thence south along FR 521 to the 
intersection of FR 521 and the Hobby VOR/DME 15-mile arc; thence 
counterclockwise along the Hobby VOR/DME 15-mile arc to the Hobby 
VOR/DME 211 deg. radial; thence northeast along the Hobby VOR/DME 
211 deg. radial to the Hobby VOR/DME 10-mile arc; thence east along 
the Hobby VOR/DME 10-mile arc to the Hobby VOR/DME 156 deg. radial; 
thence southeast along the Hobby VOR/DME 156 deg.radial to the Hobby 
VOR/DME 15-mile arc; thence counterclockwise on the Hobby VOR/DME 
15-mile arc to the intersection of the Hobby VOR/DME 15-mile arc and 
the Humble VORTAC 15-mile arc; thence counterclockwise along the 
Humble VORTAC 15-mile arc to the intersection of the Hobby VOR/DME 
15-mile arc and Westheimer Road lat. 29 deg.44'07'' N., long. 
95 deg.28'47'' W.; thence southwest to and along SH 59 to the point 
of beginning, excluding Area A.
    Area C. That airspace extending upward from 3,000 feet MSL to 
and including 10,000 feet MSL bounded by a line beginning at the 
intersection of SH 59 and the Humble VORTAC 20-mile DME arc; thence 
clockwise along the Humble VORTAC 20-mile DME arc to the 
intersection of the Humble VORTAC 20-mile DME arc and Interstate 10 
(I-10), west on I-10 to the Hobby VOR/DME 15-mile arc; thence 
counterclockwise along the Hobby VOR/DME 15-mile arc to the Humble 
VORTAC 15-mile DME arc; thence counterclockwise along the Humble 
VORTAC 15-mile DME arc to the intersection of the Humble VORTAC 15 
NM DME arc and Westheimer Road; thence southwest to and along SH 59 
to the point of beginning; and that airspace beginning at the 
intersection of the Hobby VOR/DME 15-mile arc and 156 deg. radial; 
thence north along the Hobby VOR/DME 156 deg. radial to the Hobby 
VOR/DME 10-mile arc clockwise along the Hobby VOR/DME 10-mile arc to 
the Hobby VOR/DME 211 deg. radial; thence south along the Hobby VOR/
DME 211 deg. radial to intersect the 15-mile arc to the point of 
beginning.
    Area D. That airspace extending upward from 4,000 feet MSL to 
and including 10,000 feet MSL bounded by a line beginning at the 
intersection of SH 59 and the Humble VORTAC 30-mile DME arc; thence 
clockwise along the Humble VORTAC 30-mile DME arc to the 
intersection of the Humble VORTAC 30 NM arc and the Hobby VOR/DME 20 
NM arc; thence clockwise along the Hobby VOR/DME 20-mile arc to SH 
59; thence southwest on SH 59 to the point of beginning, excluding 
Areas B, C, and E.
    Area E. That airspace extending upward from 2,500 feet MSL to 
and including 10,000 feet MSL bounded by a line beginning at the 
intersection of the Hobby VOR/DME 15 NM arc and State Road 6 (SR 6); 
thence southeast along SR 6 to the intersection of SR 6 and Farm 
Road 521 (FR 521); thence south along FR 521 to the intersection of 
FR 521 and the Hobby VOR/DME 15 NM arc; thence counterclockwise 
along the Hobby VOR/DME 15 NM arc to the point of the beginning. 
* * * * *
    Issued in Washington, DC, on January 14, 1998.
John S. Walker,
Program Director for Air Traffic Airspace Management.
    Note: This Appendix will not appear in the Code of Federal 
Regulations.

    Appendix--Houston, TX, Class B Airspace Area.

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[FR Doc. 98-1624 Filed 1-27-98; 8:45 am]
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