[Federal Register Volume 66, Number 30 (Tuesday, February 13, 2001)]
[Rules and Regulations]
[Pages 9909-9911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3645]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 2001-ASW-03]


Establishment of Class E Airspace, Sugar Land, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This amendment establishes Class E airspace at Sugar Land, TX. 
This action is prompted by a non-federal air traffic control tower that 
currently

[[Page 9910]]

operates only during specified hours at this airport. The intended 
effect of this rule is to provide adequate controlled airspace for 
aircraft operating in the vicinity of Sugar Land Municipal/Hull Field, 
Sugar Land, TX. when the control tower is not operating.

DATES: Effective 0901 UTC, May 17, 2001. Comments must be received on 
or before March 30, 2001.

ADDRESSES: Send comments on the rule in triplicate to Manager, Airspace 
Branch, Air Traffic Division, Federal Aviation Administration, 
Southwest Region, Docket No. 2001-AWS-03, Fort Worth, TX 76193-0520. 
The official docket may be examined in the Office of the Regional 
Counsel, Southwest Region, Federal Aviation Administration, 2601 
Meacham Boulevard, Room 663, Fort Worth, TX, between 9 a.m. and 3 p.m., 
Monday through Friday, except Federal holidays. An informal docket may 
also be examined during normal business hours at the Airspace Branch, 
Air Traffic Division, Federal Aviation Administration, Southwest 
Region, Room 414, Fort Worth, TX.

FOR FURTHER INFORMATION CONTACT: Donald J. Day, Airspace Branch, Air 
Traffic Division, Southwest Region, Federal Aviation Administration, 
Fort Worth, TX 76193-0520, telephone 817-222-5593.

SUPPLEMENTARY INFORMATION: This amendment to 14 CFR part 71 establishes 
Class E airspace at Sugar Land, TX. This action is prompted by a non-
federal air traffic control tower that currently operates only during 
specified hours at this airport. The intended effect of this rule is to 
provide adequate controlled airspace for aircraft operating in the 
vicinity of Sugar Land Municipal/Hull Field, Sugar Land, TX. when the 
control tower is not operating. On March 4, 1999, a proposal to amend 
14 CFR part 71 to establish Class D and Class E airspace at Sugar Land, 
TX, was published in the Federal Register (64 FR 10410). The proposal 
was to establish Class D and Class E airspace extending upward from the 
surface to and including 2,600 feet MSL, within a 4.2-mile radius of 
the Sugar Land Municipal/Hull Airport, Sugar Land, TX. The published 
notice proposed to establish Class E airspace to protect aircraft 
operations while the control tower was not operating. However, the 
necessary weather equipment was not available, therefore, the Class D 
airspace reverted to Class G airspace when the control tower is not in 
operation. Since weather equipment is necessary for Class E surface 
airspace, a final rule establishing only Class D airspace was published 
(64 FR 51208, September 22, 1999. The weather equipment is now 
available and operational.
    Class E airspace designations are published in Paragraph 6002 of 
FAA Order 7600.9H, dated September 1, 2000, and effective September 16, 
2000, which is incorporated by reference in 14 CFR Sec. 71.1. The Class 
E airspace designation listed in this document will be published 
subsequently in the order.

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse 
or negative comment and therefore is issuing it as a direct final rule. 
A substantial number of previous opportunities provided to the public 
to comment on substantially identical actions have resulted in 
negligible adverse comments or objections. Unless a written adverse or 
negative comment, or a written notice of intent to submit an adverse or 
negative comment is received within the comment period, the regulation 
will become effective on the date specified above. After the close of 
the comment period, the FAA will publish a document in the Federal 
Register indicating that no adverse or negative comments were received 
and confirming the date on which the final rule will become effective. 
If the FAA does receive, within the comment period, an adverse or 
negative comment, or written notice of intent to submit such a comment, 
a document will be published in the Federal Register. This document may 
withdraw the direct final rule in whole or in part. After considering 
the adverse or negative comment, we may publish another direct final 
rule or publish a notice of proposed rulemaking with a new comment 
period.

Comments Invited

    Although this action is in the form of a final rule, comments are 
invited on this rule. Interested persons are invited to comment on this 
rule by submitting such written data, views, or arguments as they may 
desire. Communications should identify the Rules Docket number and be 
submitted in triplicate to the address specified under the caption 
ADDRESSES. All communications received on or before the closing date 
for comments will be considered, and this rule may be amended or 
withdrawn in light of the comments received. Factual information that 
supports the commenter's ideas and suggestions is extremely helpful in 
evaluating the effectiveness of this action and determining whether 
additional rulemaking action is needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
action will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 2001-AWS-03.'' The postcard will be date stamped and 
returned to the commenter.

Agency Findings

    The regulations adopted herein will not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, it 
is determined that this final rule will not have federalism 
implications under Executive Order 13132.
    Further, the FAA has determined that this regulation is 
noncontroversial and unlikely to result in adverse or negative comments 
and only involves an established body of technical regulations that 
require frequent and routine amendments to keep them operationally 
current. Therefore, I certify that this regulation (1) is not a 
``significant regulatory action'' under Executive Order 12866; (2) is 
not a ``significant rule'' under DOT Regulatory Policies and Procedures 
(44 FR 11034; February 26, 1979); and (3) if promulgated, will not have 
a significant economic impact, positive or negative, on a substantial 
number of small entities under the criteria of the Regulatory 
Flexibility Act. Since this rule involves routine matters that will 
only affect air traffic procedures and air navigation, it does not 
warrant preparation of a Regulatory Flexibility Analysis because the 
anticipated impact is so minimal.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal 
Aviation Administration amends 14 CFR part 71 as follows:

[[Page 9911]]

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 14 CFR part 71 continues to read as 
follows:

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


Sec. 71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9H, Airspace Designations and 
Reporting Points, dated September 1, 2000, and effective September 16, 
2000, is amended as follows:

Paragraph 6002  Class E airspace areas extending upward from the 
surface of the earth.

* * * * *

ASW TX E2 Houston Sugar Land, TX [New]

Sugar Land, Sugar Land Municipal Airport/Hull Field, TX
    (Lat. 29 deg.37'20"N., long. 95 deg.39'24"W.)
Within a 4.2-mile radius of Sugar Land Municipal/Hull Field. This 
Class E airspace is effective during the specific dates and times 
established in advance by a Notice to Airmen. The effective date and 
time will thereafter be continuously published in the Airport/
Facility Directory.
* * * * *

    Issued in Fort Worth, TX on January 25, 2001.
Robert N. Stevens,
Acting Manager, Air Traffic Division, Southwest Region.
[FR Doc. 01-3645 Filed 2-12-01; 8:45 am]
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