[Federal Register Volume 83, Number 199 (Monday, October 15, 2018)]
[Rules and Regulations]
[Pages 51834-51836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22185]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-9378; Airspace Docket No. 17-ASW-13]
RIN 2120-AA66


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class D airspace, Class E surface 
airspace, and amends Class E airspace extending upward from 700 feet 
above the surface at Austin Executive Airport, Austin, TX. The FAA 
conducted an airspace review and determined that airspace redesign is 
necessary due to the establishment of an air traffic control tower at 
the airport. Also, an editorial change is made removing the city 
associated with the airport names in the exiting Class E airspace. This 
action enhances the safety and management of instrument flight rules 
(IFR) operations at these airports. Additionally, exclusionary language 
is added, which was inadvertently left out of the Class D airspace 
description, and the geographic coordinates are corrected for Lago 
Vista-Rusty Allen Airport.

DATES: Effective 0901 UTC, January 3, 2019. 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 7400.11C, 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: (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 7400.11C at NARA, call (202) 741-6030, or go 
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is 
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Rebecca Shelby, Federal Aviation 
Administration, Operations Support Group, Central Service Center, 10101 
Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5857.

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 would support IFR operations at Austin Executive Airport, Austin, 
TX.

History

    On February 1, 2018, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) to establish Class D and Class E 
surface airspace, and amend Class E airspace extending upward from 700 
feet above the surface at Austin Executive Airport, Austin, TX (83 FR 
4613) Docket No. FAA-2017-9378.
    Subsequent to publication, the FAA found the Class C airspace 
exclusion was omitted from the Class D airspace description for Austin 
Executive Airport. Also, the geographic coordinates for Lago Vista-
Rusty Allen Airport are updated in this rule.
    Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the proposal to the FAA. Five 
comments were received in support of the proposal.
    In their comment, AOPA stated that the NPRM did not comply with FAA 
guidance in FAA Order 7400.2L, Procedures for Handling Airspace 
Matters, because a graphic was not included in the docket. 
Additionally, AOPA encouraged the FAA to follow

[[Page 51835]]

their guidance in the Order by making the action effective date 
coincidental to the sectional chart publication date.
    The FAA has determined AOPA's comments raised no substantive issues 
with respect to the proposed changes to the airspace addressed in the 
NPRM. To the extent the FAA failed to follow its policy guidance 
reference publishing graphics in the docket and establishing the Class 
D airspace effective date to match the sectional chart date, we note 
the following.
    Specific to AOPA's comment regarding the FAA already creating a 
graphical depiction of new or modified airspace overlaid on a Sectional 
Chart for quality assurance purposes, this is not correct nor required 
in all cases. During the airspace reviews, airspace graphics may be 
created, if deemed necessary, to determine if there are any terrain 
issues, or if cases are considered complex. However, in many cases when 
developing an airspace amendment proposal, a graphic is not required.
    With respect to AOPA's comment addressing effective dates, FAA 
Order 7400.2L, paragraph 2-3-7.a.4. states that, to the extent 
practicable, Class D airspace area and restricted area rules should 
become effective on a sectional chart date and that consideration 
should be given to selecting a sectional chart date that matches a 56-
day en route chart cycle date. The FAA does consider Class D and E 
airspace amendment effective dates to coincide with the publication of 
sectional charts, to the extent practicable; however, this 
consideration is accomplished after the NPRM comment period ends in the 
final rule. Substantive comments received to NPRMs, flight safety 
concerns, management of IFR operations at affected airports, and 
immediacy of required proposed airspace amendments are some of the 
factors that must be taken into consideration when selecting the 
appropriate effective date. After considering all factors, the FAA may 
determine that selecting an effective date that conforms to a 56-day en 
route chart cycle date that is not coincidental to sectional chart 
dates is better for the National Airspace System and its users than 
awaiting the next sectional chart date.
    Class D and E airspace designations are published in paragraph 
5000, 6002, and 6005, respectively, of FAA Order 7400.11C, dated August 
13, 2018, and effective September 15, 2018, which is incorporated by 
reference in 14 CFR 71.1. The Class D and E airspace designations 
listed in this document will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11C, Airspace Designations and 
Reporting Points, dated August 13, 2018, and effective September 15, 
2018. FAA Order 7400.11C is publicly available as listed in the 
ADDRESSES section of this document. FAA Order 7400.11C lists Class A, 
B, C, D, and E airspace areas, air traffic service routes, and 
reporting points.

The Rule

    The FAA amends Title 14 Code of Federal Regulations (14 CFR) part 
71 by:
    Establishing Class D airspace at Austin Executive Airport, Austin, 
TX, within a 4.1-mile radius of the airport, and adding to the airspace 
description ``excluding the Austin Class C airspace''. Establishing 
Class E surface airspace within a 4.1-mile radius of Austin Executive 
Airport, Austin, TX; and
    Amending Class E airspace extending upward from 700 feet above the 
surface to within a 6.3-mile radius (decreased from a 6.5-mile radius) 
of Austin Executive Airport, and within 2 miles each side of the 
131[deg] bearing (previously the 132[deg] bearing) from the airport 
extending from the 6.3-mile radius to 11.3 miles (increased from a 
10.4-miles) southeast of the airport, and within 2 miles each side of 
the 311[deg] bearing from the airport extending from the 6.3-mile 
radius to 10.5 miles (decreased from 11.2 miles) northwest of the 
airport. Also, due to a change to FAA Order 7400.2L, Procedures for 
Handling Airspace Matters, the city name is removed from Lakeway 
Airpark, Austin Executive Airport, and Lago Vista-Rusty Allen Airport.
    Class D and E airspace areas are published in paragraph 5000, 6002, 
and 6005, respectively, of FAA Order 7400.11C, dated August 13, 2018, 
and effective September 15, 2018, 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, is 
non-controversial and unlikely to result in adverse or negative 
comments. It, therefore: (1) Is not a ``significant regulatory action'' 
under Executive Order 12866; (2) is not a ``significant rule'' under 
DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 
1979); and (3) does not warrant preparation of a regulatory evaluation 
as the anticipated impact is so minimal. Since this is a routine matter 
that only affects air traffic procedures and air navigation, it is 
certified that this rule, when promulgated, does not have a significant 
economic impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act.

Environmental Review

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

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 7400.11C, 
Airspace Designations and Reporting Points, dated August 13, 2018, and 
effective September 15, 2018, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASW TX D Austin, TX [New]

Austin Executive Airport, TX
    (Lat. 30[deg]23'51'' N, long. 97[deg]33'59'' W)

    That airspace extending upward from the surface to and including 
3,000 feet MSL within a 4.1-mile radius of Austin Executive Airport, 
excluding the Austin Class C airspace. This Class D airspace area is 
effective during the specific dates and times established in advance 
by a Notice to Airmen. The effective date and time will

[[Page 51836]]

thereafter be continuously published in the Chart Supplement.
* * * * *

Paragraph 6002 Class E Surface Area Airspace.

ASW TX E2 Austin, TX [New]

Austin Executive Airport, TX
    (Lat. 30[deg]23'51'' N, long. 97[deg]33'59'' W)

    That airspace within a 4.1-mile radius of Austin Executive 
Airport, excluding the Austin Class C airspace. This Class E 
airspace area is effective during the specific dates and times 
established in advance by a Notice to Airmen. The effective date and 
time will thereafter be 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 Austin, TX [Amended]

Point of Origin
    (Lat. 30[deg]17'55'' N, long. 97[deg]42'06'' W)
Lakeway Airpark, TX
    (Lat. 30[deg]21'27'' N, long. 97[deg]59'40'' W)
Austin Executive Airport, TX
    (Lat. 30[deg]23'51'' N, long. 97[deg]33'59'' W)
Lago Vista-Rusty Allen Airport, TX
    (Lat. 30[deg]29'55'' N, long. 97[deg]58'10'' W)

    That airspace extending upward from 700 feet above the surface 
within a 14-miles radius of the Point of Origin, and within a 6.4-
mile radius of Lakeway Airpark, and within a 6.4-mile radius of Lago 
Vista-Rusty Allen Airport, and within a 6.3-mile radius of Austin 
Executive Airport, and within 2 miles each side of the 131[deg] 
bearing from Austin Executive Airport, extending from the 6.3-mile 
radius to 11.3 miles southeast of the airport, and within 2 miles 
each side of the 311[deg] bearing from Austin Executive Airport 
extending from the 6.3-mile radius to 10.5 miles northwest of the 
airport.

    Issued in Fort Worth, Texas, on October 3, 2018.
Walter Tweedy,
Manager (A), Operations Support Group, ATO Central Service Center.
[FR Doc. 2018-22185 Filed 10-12-18; 8:45 am]
 BILLING CODE 4910-13-P