[Federal Register Volume 89, Number 95 (Wednesday, May 15, 2024)]
[Rules and Regulations]
[Pages 42352-42354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09872]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2024-0269; Airspace Docket No. 24-ASW-2]
RIN 2120-AA66


Amendment of Class D and Class E Airspace; Beaumont/Port Arthur, 
TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Class D and Class E airspace at 
Beaumont/Port Arthur, TX. This action is the result of airspace reviews 
conducted due to the decommissioning of the Beaumont very high 
frequency omnidirectional range (VOR) as part of the VOR Minimum 
Operational Network (MON) Program. This action also updates the name 
and geographic coordinates of various airports. This action brings the 
airspace into compliance with FAA orders and supports instrument flight 
rule (IFR) operations.

DATES: Effective 0901 UTC, July 11, 2024. 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 JO 7400.11 and 
publication of conforming amendments.

ADDRESSES: A copy of the Notice of Proposed Rulemaking (NPRM), all 
comments received, this final rule, and all background material may be 
viewed online at www.regulations.gov using the FAA Docket number. 
Electronic retrieval help and guidelines are available on the website. 
It is available 24 hours each day, 365 days each year.
    FAA Order JO 7400.11H, Airspace Designations and Reporting Points, 
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and 
Regulations Group, Office of Policy, Federal Aviation Administration, 
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation 
Administration, Operations Support Group, Central Service Center, 10101 
Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5711.

SUPPLEMENTARY INFORMATION:

[[Page 42353]]

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 amends the Class D airspace, Class E surface airspace, and Class 
E airspace extending upward from 700 feet above the surface at Jack 
Brooks Regional Airport, Beaumont/Port Arthur, TX, and the Class E 
airspace extending upward from 700 feet above the surface at Beaumont 
Municipal Airport, Beaumont, TX, and Orange County Airport, Orange, TX, 
(Contained within the Beaumont/Port Arthur, TX, airspace legal 
description.) to support instrument flight rule operations at these 
airports.

History

    The FAA published an NPRM for Docket No. FAA-2024-0269 in the 
Federal Register (89 FR 14000; February 26, 2024) proposing to amend 
the Class D and Class E airspace at Beaumont/Port Arthur, TX. 
Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the proposal to the FAA. No 
comments were received.

Incorporation by Reference

    Class D and E airspace designations are published in paragraphs 
5000, 6002, and 6005 of FAA Order JO 7400.11, Airspace Designations and 
Reporting Points, which is incorporated by reference in 14 CFR 71.1 on 
an annual basis. This document amends the current version of that 
order, FAA Order JO 7400.11H, dated August 11, 2023, and effective 
September 15, 2023. FAA Order JO 7400.11H is publicly available as 
listed in the ADDRESSES section of this document. These amendments will 
be published in the next update to FAA Order JO 7400.11.
    FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas, 
air traffic service routes, and reporting points.

The Rule

    This amendment to 14 CFR part 71:
    Modifies the Class D airspace at Jack Brooks Regional Airport, 
Beaumont/Port Arthur, TX, by updating the name of the airport 
(previously Jefferson County Airport) to coincide with the FAA's 
aeronautical database; updates the header of the airspace legal 
description to Beaumont/Port Arthur, TX (previously Beaumont, TX) to 
coincide with the FAA's aeronautical database; removes the city 
associated with the airport in the airspace legal description to comply 
with changes to FAA Order JO 7400.2P, Procedures for Handling Airspace 
Matters; and replaces the outdated terms ``Notice to Airmen'' and 
``Airport/Facility Directory'' with ``Notice to Air Missions'' and 
``Chart Supplement'';
    Modifies the Class E surface airspace at Jack Brooks Regional 
Airport by updating the name of the airport (previously Jefferson 
County Airport) to coincide with the FAA's aeronautical database; 
updates the header of the airspace legal description to Beaumont/Port 
Arthur, TX (previously Beaumont, TX) to coincide with the FAA's 
aeronautical database; removes the city associated with the airport in 
the airspace legal description to comply with changes to FAA Order JO 
7400.2P; and replaces the outdated terms ``Notice to Airmen'' and 
``Airport/Facility Directory'' with ``Notice to Air Missions'' and 
``Chart Supplement'';
    And modifies the Class E airspace extending upward from 700 feet 
above the surface to within a 7.5-mile (decreased from a 7.7-mile) 
radius of Jack Brooks Regional Airport; removes the extension northwest 
of Beaumont Municipal Airport, Beaumont, TX, from the airspace legal 
description as it is no longer needed; within a 6.5-mile (decreased 
from a 6.6-mile) radius of Orange County Airport, Orange, TX; updates 
the name of Jack Brooks Regional Airport (previously Southeast Texas 
Regional Airport) to coincide with the FAA's aeronautical database; 
updates the geographic coordinates of Beaumont Municipal Airport and 
Orange County Airport to coincide with the FAA's aeronautical database; 
updates the header of the airspace legal description to Beaumont/Port 
Arthur, TX (previously Beaumont, TX) to coincide with the FAA's 
aeronautical database; and removes the cities associated with the 
airports in the airspace legal description to comply with changes to 
FAA Order JO 7400.2P.

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 5-6.5.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 71

    Airspace, Incorporation by reference, Navigation (air).

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 14 CFR 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 JO 
7400.11H, Airspace Designations and Reporting Points, dated August 11, 
2023, and effective September 15, 2023, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASW TX D Beaumont/Port Arthur, TX [Amended]

Jack Brooks Regional Airport, TX
    (Lat. 29[deg]57'03'' N, long. 94[deg]01'15'' W

    That airspace extending upward from the surface to and including 
2,500 feet MSL within a 5-mile radius of Jack Brooks Regional 
Airport. This Class D airspace area is effective during the specific 
dates and times established in advance by a Notice to Air Missions. 
The effective dates and times

[[Page 42354]]

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

Paragraph 6002 Class E Airspace Areas Designated as Surface Areas.

* * * * *

ASW TX E2 Beaumont/Port Arthur, TX [Amended]

    Jack Brooks Regional Airport, TX
    (Lat. 29[deg]57'03'' N, long. 94[deg]01'15'' W)

    Within a 5-mile radius of Jack Brooks Regional Airport. This 
Class E airspace area is effective during the specific dates and 
times established in advance by a Notice to Air Missions. The 
effective dates and times 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 Beaumont/Port Arthur, TX [Amended]

Jack Brooks Regional Airport, TX
    (Lat. 29[deg]57'03'' N, long. 94[deg]01'15'' W)
Beaumont Municipal Airport, TX
    (Lat. 30[deg]04'13'' N, long. 94[deg]12'54'' W)
Orange County Airport, TX
    (Lat. 30[deg]04'06'' N, long. 93[deg]48'14'' W)

    That airspace extending upward from 700 feet above the surface 
within a 7.5-mile radius of Jack Brooks Regional Airport; and within 
a 6.4-mile radius of Beaumont Municipal Airport; and within a 6.5-
mile radius of Orange County Airport.
* * * * *

    Issued in Fort Worth, Texas, on May 1, 2024.
Steven T. Phillips,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2024-09872 Filed 5-14-24; 8:45 am]
BILLING CODE 4910-13-P