[Federal Register Volume 91, Number 25 (Friday, February 6, 2026)]
[Rules and Regulations]
[Pages 5289-5290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-02319]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2025-5106; Airspace Docket No. 25-ASW-12]
RIN 2120-AA66
Amendment of Class E Airspace; Beeville, TX
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action amends the Class E airspace at Beeville, TX. This
action is the result of an airspace review conducted due to the
decommissioning of the Three Rivers very high frequency omnidirectional
range (VOR) as part of the VOR Minimum Operational Network (MON)
Program. This action brings the airspace into compliance with FAA
orders and supports instrument flight rule (IFR) procedures and
operations.
DATES: Effective 0901 UTC, May 14, 2026. 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. An electronic
copy of this document may also be downloaded from
www.federalregister.gov.
FAA Order JO 7400.11K, 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:
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 E airspace at the affected airport to support
IFR operations.
History
The FAA published an NPRM for Docket No. FAA-2025-5106 in the
Federal Register (90 FR 52580; November 21, 2025) proposing to amend
the Class E airspace at Beeville, TX. Interested parties were invited
to participate in this rulemaking effort by submitting written comments
on the proposal to the FAA. One comment was received from the Citizens
Rulemaking Alliance.
Overall, the comment and accompanying petition are not applicable
to the proposed airspace action; however, the following explanations
are provided.
The comment and accompanying petition requested that the final rule
be withdrawn, an NPRM or direct final rule be issued, and the effective
date delayed for an applicable comment period. The comment was written
as if the FAA had already issued a final rule without any opportunity
for comment, but in fact, the FAA had only issued an NPRM. The FAA
provided a 45-day comment period for the NPRM, during which the
commenter submitted its comment and petition. The commenter's request
had already been satisfied at the time it
[[Page 5290]]
submitted its comment and petition. The comment, therefore, appears to
be unrelated and inapplicable to the instant action.
The petition also seems to allege that, because the FAA employs
standardized language in its routine airspace action rulemakings, it
has not performed the requisite analyses, specifically with respect to
the Regulatory Flexibility Act and Executive Order (E.O.) 12866.
Indeed, the FAA has developed standardized language for use in these
routine actions to ensure consistency and streamline drafting of
rulemaking documents in one of its most prolific regulatory portfolios.
However, each action is individually assessed and tailored as
appropriate in compliance with applicable law and agency guidance,
including the Administrative Procedures Act; the Regulatory Flexibility
Act; E.O. 12866; FAA Order JO 7400.2R, Procedures for Handling Airspace
Matters; and FAA Order 1050.1G, FAA National Environmental Policy Act
Implementing Procedures. Ironically, the commenter appears to utilize
boilerplate language in its comment and petition that is not relevant
to the instant action.
Substantively, the petition also makes an assumption that the
expansion of the Class E airspace extending upward from 700 ft. above
the surface at Beeville, TX, ``can foreclose or constrain marginal VFR
operations,'' which is unsubstantiated. This Class E airspace is
established as transitional airspace to/from terminal or enroute
environments around airports with instrument procedures as required by
FAA Order JO 7400.2R. No air traffic control services are provided, and
there are no communications requirements, so there is little to no
impact on VFR traffic. In fact, this Class E airspace advises the VFR
pilots that there are instrument procedures and potential IFR traffic
in the area which increases the pilot's situational awareness.
Incorporation by Reference
Class E airspace designations are published in paragraph 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
7400.11K, dated August 4, 2025, and effective September 15, 2025. These
amendments will be published in the next update to FAA Order JO
7400.11. FAA Order JO 7400.11K, which lists Class A, B, C, D, and E
airspace areas, air traffic service routes, and reporting points, is
publicly available as listed in the ADDRESSES section of this document.
The Rule
This action amends 14 CFR part 71 by modifying the Class E airspace
extending upward from 700 ft. above the surface at Beeville, Texas, due
to an airspace review conducted as part of the decommissioning of the
Three Rivers VOR as part of the VOR MON Program.
For the Beeville Municipal Airport, Beeville, TX, Class E airspace
extending upward from 700 ft. above the surface, this action: (1)
increases the radius from 6.6 miles to 7.1 miles from the airport; (2)
removes the Beeville NDB and associated extension as they are no longer
required; and (3) updates the geographic coordinates of the airport to
coincide with the FAA's aeronautical database.
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 1050.1G, ``FAA National Environmental Policy Act
Implementing Procedures,'' Paragraph B-2.5(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
7400.11K, Airspace Designations and Reporting Points, dated August 4,
2025, and effective September 15, 2025, is amended as follows:
Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.
* * * * *
ASW TX E5 Beeville, TX [Amended]
Beeville Municipal Airport
(Lat. 28[deg]21'51'' N, long. 097[deg]47'31'' W)
That airspace extending upward from 700 feet above the surface
within a 7.1-mile radius of Beeville Municipal Airport.
* * * * *
Issued in Fort Worth, Texas, on February 4, 2026.
Courtney E. Johns,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2026-02319 Filed 2-5-26; 8:45 am]
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