[Federal Register Volume 74, Number 74 (Monday, April 20, 2009)]
[Rules and Regulations]
[Pages 17899-17900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8845]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0338; Airspace Docket No. 09-ASW-9]


Amendment of Class D and Class E Airspace; Conroe, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, technical amendment.

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SUMMARY: This action clarifies the Class D and Class E airspace 
descriptions for Lone Star Executive Airport, Conroe, TX, published in 
the Federal Register December 17, 2008 (73 FR 76517). Ambiguities in 
the legal description has caused inaccurate charting of the Class D and 
Class E surface areas at Lone Star Executive Airport. This action 
amends the legal descriptions to coincide with the FAA's National 
Aeronautical Charting Office.

DATES: Effective Date: 0901 UTC, May 7, 2009. The Director of the 
Federal Register approves this incorporation by reference action under 
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and 
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center, 
Operations Support Group, Federal Aviation Administration, Southwest 
Region, 2601 Meacham Blvd., Ft Worth, TX 76193-0530; telephone (817) 
321-7716.

SUPPLEMENTARY INFORMATION: 

History

    On, December 17, 2008, the FAA published in the Federal Register a 
final rule to establish Class D and Class E airspace at Lone Star 
Executive Airport, Conroe, TX (73 FR 76517, Docket No. FAA-2008-0960). 
Subsequent to publication, the FAA found ambiguities in the Class D and 
Class E airspace area depictions on the VFR Sectional Chart and VFR 
Terminal Area Chart for Lone Star Executive Airport. This technical 
amendment will clarify the above airspace area.
    Class D and E airspace designations are published in paragraph 
5000, and 6002, respectively, of FAA Order 7400.9S signed October 3, 
2008, and effective October 31, 2008, which is incorporated by 
reference in 14 CFR Part 71.1. The Class D and Class E airspace 
designations listed in this document will be published subsequently in 
the Order.

Final Rule Technical Amendment

    This technical amendment clarifies the legal description of the 
Class D & E airspace areas to avoid confusion on the part of pilots 
flying in the vicinity of Lone Star Executive Airport, Conroe, TX. The 
legal description will be restated in its entirety to avoid further 
confusion.
    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes 
the authority of the FAA Administrator. Subtitle VII, Aviation 
Programs, describes in more detail the scope of the agency's authority. 
This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the 
FAA is charged with prescribing regulations to assign the use of 
airspace necessary to ensure the safety of aircraft and the efficient 
use of airspace. This regulation is within the scope of that authority 
as it amends controlled airspace at Lone Star Executive Airport, 
Conroe, TX.
    In consideration of the need to clarify the legal description and 
avoid confusion on the part of pilots flying in the vicinity of Lone 
Star Executive Airport, the FAA finds good cause, pursuant to 5 U.S.C. 
553(d), for making this amendment effective in less than 30 days in 
order to promote the safe and efficient handling of air traffic in the 
area. ``Accordingly, since this merely involves a change in the legal 
description of the Conroe, TX, airspace area, and does not involve a 
change in the dimension or operating requirements, notice and public 
procedure under 5 U.S.C. 553(b) are unnecessary.''

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration 
amends 14 CFR part 71 as follows:

[[Page 17900]]

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 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]

0
2. The incorporation by reference in 14 CFR part 71.1 of the Federal 
Aviation Administration Order 7400.9S, Airspace Designations and 
Reporting Points, signed October 3, 2008, and effective October 31, 
2008, is amended as follows:

Paragraph 5000 Class D Airspace.

ASW TX D Conroe, TX [Amended]

Lone Star Executive Airport, TX
    (Lat. 30[deg]21'09'' N., long. 95[deg]24'52'' W.)
Navasota VORTAC
    (Lat. 30[deg]17'19''N., long. 096[deg]03'30'' W.)
HUMBLE VORTAC
    (Lat. 29[deg]57'25'' N., long. 095[deg]20'45'' W.)

    That airspace extending upward from the surface to and including 
2,700 feet MSL within a 4.1-mile radius of Lone Star Executive 
Airport, excluding that airspace within the 4.1 mile radius 
northeast of the intersection of the IAH VORTAC 356[deg] radial and 
the TNV VORTAC 081[deg] radial. 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 Airport/Facility Directory.
* * * * *

Paragraph 6002 Class E Airspace Designated as Surface Areas.

ASW TX E2 Conroe, TX [Amended]

Lone Star Executive Airport, TX
    (Lat. 30[deg]21'09'' N., long. 95[deg]24'52'' W.)
Navasota VORTAC
    (Lat. 30[deg]17'19'' N., long. 096[deg]03'30'' W.)
HUMBLE VORTAC
    (Lat. 29[deg]57'25'' N., long. 095[deg]20'45'' W.)

    That airspace extending upward from the surface to and including 
2,700 feet MSL within a 4.1-mile radius of Lone Star Executive 
Airport, excluding that airspace within the 4.1 mile radius 
northeast of the intersection of the IAH VORTAC 356[deg] radial and 
the TNV VORTAC 081[deg] radial. 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 Airport/Facility Directory.
* * * * *

    Issued in Fort Worth, TX, on April 9, 2009.
Anthony D. Roetzel,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. E9-8845 Filed 4-17-09; 8:45 am]
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