Proposed Modification of the Houston Class B Airspace Area; Texas

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 95-AWA-1]

RIN 2120-AA66

Proposed Modification of the Houston Class B Airspace Area; Texas

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This notice proposes to modify the Houston, TX, (IAH) Class B

airspace area. Specifically, this action proposes to reconfigure two

existing subarea boundaries and create an additional subarea within the

Houston Class B airspace area. The FAA is proposing this action to

enhance safety, reduce the potential for midair collision, and to

better manage air traffic operations into, out of, and through the

Houston Class B airspace area while accommodating the concerns of

airspace users.

DATES: Comments must be received on or before December 1, 1997.

ADDRESSES: Send comments on the proposal in triplicate to the Federal

Aviation Administration, Office of the

[[Page 58695]]

Chief Counsel, Attention: Rules Docket, AGC-200, Airspace Docket No.

95-AWA-1, 800 Independence Avenue, SW., Washington, DC 20591. The

official docket may be examined in the Rules Docket, Office of the

Chief Counsel, Room 916, 800 Independence Avenue, SW., Washington, DC,

weekdays, except Federal holidays, between 8:30 a.m. and 5:00 p.m. An

informal docket may also be examined during normal business hours at

the Office of the Regional Air Traffic Division.

FOR FURTHER INFORMATION CONTACT: Ms. Sheri A. Edgett Baron, Airspace

and Rules Division, ATA-400, Office of Air Traffic Airspace Management,

Federal Aviation Administration, 800 Independence Avenue, SW.,

Washington, DC 20591: telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested parties are invited to participate in this proposed

rulemaking by submitting such written data, views, or arguments as they

may desire. Comments that provide the factual basis supporting the

views and suggestions presented are particularly helpful in developing

reasoned regulatory decisions on the proposal. Comments are

specifically invited on the overall regulatory, aeronautical, economic,

environmental, and energy-related aspects of the proposal.

Communications should identify the airspace docket number and be

submitted in triplicate to the address listed above. Commenters wishing

the FAA to acknowledge receipt of their comments on this notice must

submit with those comments a self-addressed, stamped postcard on which

the following statement is made: ``Comments to Airspace Docket No. 95-

AWA-1.'' The postcard will be date/time stamped and returned to the

commenter. All communications received on or before the specified

closing date for comments will be considered before taking action on

the proposed rule. The proposal contained in this notice may be changed

in light of comments received. All comments submitted will be available

for examination in the Rules Docket both before and after the closing

date for comments. A report summarizing each substantive public contact

with FAA personnel concerned with this rulemaking will also be filed in

the docket.

Availability of NPRM's

Any person may obtain a copy of this Notice of Proposed Rulemaking

(NPRM) by submitting a request to the Federal Aviation Administration,

Office of Air Traffic Airspace Management, 800 Independence Avenue,

SW., Washington, DC 20591, or by calling (202) 267-8783. Communications

must identify the notice number of this NPRM. Persons interested in

being placed on a mailing list for future NPRM's should call the FAA's

Office of Rulemaking, (202) 267-9677, for a copy of Advisory Circular

No. 11-2A, Notice of Proposed Rulemaking Distribution System, that

describes the application procedure.

Background

On December 17, 1991, the FAA published the Airspace

Reclassification Final Rule (56 FR 65655). This rule discontinued the

use of the term ``Terminal Control Area'' (TCA) and replaced it with

the designation ``Class B airspace area.'' This change in terminology

is reflected in this NPRM.

The Class B airspace area program was developed to reduce the

potential for midair collision in the congested airspace surrounding

airports with high density air traffic by providing an area wherein all

aircraft are subject to certain operating rules and equipment

requirements.

The density of traffic and the type of operations being conducted

in the airspace surrounding major terminals increase the probability of

midair collisions. In 1970, an extensive study found that the majority

of midair collisions occurred between a general aviation (GA) aircraft

and an air carrier or military aircraft, or another GA aircraft. The

basic causal factor common to these conflicts was the mix of aircraft

operating under visual flight rules (VFR) and aircraft operating under

instrument flight rules (IFR). Class B airspace areas provide a method

to accommodate the increasing number of IFR and VFR operations. The

regulatory requirements of Class B airspace areas afford the greatest

protection for the greatest number of people by giving air traffic

control (ATC) increased capability to provide aircraft separation

service, thereby minimizing the mix of controlled and uncontrolled

aircraft.

On May 21, 1970, the FAA published the Designation of Federal

Airways, Controlled Airspace, and Reporting Points Final Rule (35 FR

7782). This rule provided for the establishment of TCAs. To date, the

FAA has established a total of 29 Class B airspace areas. The FAA is

proposing to take action to modify or implement the application of

these proven control areas to provide greater protection for air

traffic in the airspace areas most commonly used by passenger-carrying

aircraft.

The standard configuration of a Class B airspace area contains

three concentric circles centered on the primary airport extending to

10, 20, and 30 nautical miles (NM), respectively. The standard vertical

limits of the Class B airspace area normally should not exceed 10,000

feet mean sea level (MSL), with the floor established at the surface in

the inner area and at levels appropriate for the containment of

operations in the outer areas. Variations of these criteria may be

utilized contingent on the terrain, adjacent regulatory airspace, and

factors unique to the terminal area.

The coordinates for this airspace docket are based on North

American Datum 83. Class B airspace areas are published in paragraph

3000 of FAA Order 7400.9E, dated September 10, 1997, and effective

September 16, 1997, which is incorporated by reference in 14 CFR

section 71.1. The Class B airspace area listed in this document would

be published subsequently in the Order.

Related Rulemaking Actions

On June 21, 1988, the FAA published the Transponder with Automatic

Altitude Reporting Capability Requirement Final Rule (53 FR 23356).

This rule requires all aircraft to have an altitude encoding

transponder when operating within 30 NM of any designated TCA primary

airport from the surface up to 10,000 feet MSL. This rule excluded

those aircraft that were not originally certificated with an engine

driven electrical system, (or those that have not subsequently been

certified with such a system), balloons, or gliders.

On October 14, 1988, the FAA published the TCA Classification and

TCA Pilot and Navigation Equipment Requirements Final Rule (53 FR

40318). This rule, in part, removed the different classifications of

TCAs, and requires the pilot-in-command of a civil aircraft operating

within a TCA to hold at least a private pilot certificate, except for a

student pilot who has received certain documented training.

Pre-NPRM Public Input

In June 1992, an ad hoc committee was formed, representing airspace

users, to analyze the Houston Class B airspace area and develop

recommendations for modifying the existing airspace design. The ad hoc

committee met on several occasions and submitted written

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recommendations for modifying the Houston Class B airspace area.

As announced in the Federal Register on January 28, 1994 (59 FR

4134), a pre-NPRM informal airspace meeting was held on April 19, 1994,

in Pasadena, TX, to provide local airspace users an opportunity to

present input on the design of the planned modifications of the Houston

Class B airspace area.

All comments received during the informal airspace meetings and the

subsequent comment period were considered and incorporated, in part, in

this NPRM. Verbal and written comments were received, and the FAA's

findings are summarized below.

Analysis of Comments

One commenter recommended realigning the existing 30 NM arc

boundary east-southeast of the George Bush Intercontinental Airport

(formerly Houston Intercontinental Airport), in the vicinity of the

Baytown Airport, and R.W.J. Airpark.

The FAA supports this recommendation and proposes to realign a

portion of the east-southeast boundary of the Houston Class B airspace

area defined as (a portion of) the Humble Very High Frequency

Omnidirectional Range/Tactical Air Navigation (VORTAC) 30 NM arc, at

the point where it intercepts Interstate 10 (I-10). From this point,

the boundary would continue along the Humble VORTAC 30 NM arc until it

intercepts the 20 NM arc of the Hobby Very High Frequency

Omnidirectional Range/Distance Measuring Equipment (VOR/DME). In this

area the FAA proposes to establish the floor at 4,000 feet MSL, to

allow nonparticipating aircraft ingress and egress out of Bayton

Airport and R.W.J. Airpark.

Several commenters suggested that a portion of the surface area

around William P. Hobby Airport and Ellington Airport be raised to

support ingress and egress at Ellington Airport.

The FAA does not agree with this suggestion because airspace down

to the surface is necessary to protect for aircraft operations into and

out of William P. Hobby Airport (the secondary airport of the Houston

Class B airspace area). However, the FAA proposes to modify a portion

of Area A around William P. Hobby Airport, by reconfiguring its eastern

boundary and providing Ellington Airport approximately 1\1/2\-NM of

additional airspace to its west. This would provide aircraft operators

utilizing Ellington Airport additional airspace for operations into and

out of Ellington Airport.

In addition, the FAA proposes to create an additional subarea

within the Houston Class B airspace area, southwest of William P. Hobby

Airport, in the vicinity of Southwest Airport, and raise the subarea

floor to 2,500 feet MSL. This proposed subarea would allow sufficient

airspace for aircraft operations at Southwest Airport without entering

the Class B airspace area.

The Proposal

The FAA proposes to amend 14 CFR part 71 by modifying the Houston

Class B airspace area. Specifically, this action proposes to

reconfigure two existing subarea boundaries, and create an additional

subarea within the existing Houston Class B airspace area in the

vicinity southwest of the William P. Hobby Airport. The FAA is

proposing this action to enhance safety, reduce the potential for

midair collision, and to better manage air traffic operations into, out

of, and through the Houston Class B airspace area while accommodating

the concerns of airspace users. This proposal would realign a portion

of the eastern boundary defined as the Humble VORTAC 30 NM arc, located

east-southeast of Houston, in the vicinity of Bayton Airport and R.W.J.

Airpark, where it intercepts I-10. The FAA proposes to continue the

boundary along the Humble VORTAC 30 NM arc until it intercepts the 20

NM arc of the Hobby VOR/DME. In addition to this realignment, the FAA

proposes to expand the existing floor to 4,000 feet MSL in this area.

The floor at 4,000 feet MSL would allow nonparticipating aircraft

ingress and egress out of the Bayton Airport and R.W.J. Airpark.

Additionally, the FAA proposes to reconfigure a portion of Area A

around William P. Hobby Airport by reconfiguring its eastern boundary.

This modification would provide aircraft operators utilizing Ellington

Airport approximately 1 1/2-miles of additional airspace for aircraft

operations west of Ellington Airport. Further, the FAA proposes to

create a new subarea in the vicinity of Southwest Airport with a floor

of 2,500 feet MSL. This modification would provide additional airspace

for nonparticipating aircraft operating below the floor of the Houston

Class B airspace area.

Area A is unchanged except for the eastern boundary around William

P. Hobby Airport and the change to the legal description of Area A.

Area B remains unchanged except where the proposed modification aligns

with Area A (around William P. Hobby Airport), and where it is proposed

to create the additional subarea to the southwest of William P. Hobby

Airport. Area C remains unchanged. Area D remains unchanged except in

that area along the 30 NM arc east-southeast of Houston, in the

vicinity of Bayton Airport and R.W.J. Airpark.

Regulatory Evaluation Summary

Proposed changes to Federal regulations must undergo several

economic analyses. First, Executive Order 12866 directs that each

Federal agency shall propose or adopt a regulation only upon a reasoned

determination that the benefits of the intended regulation justify its

costs. Second, the Regulatory Flexibility Act of 1980 requires agencies

to analyze the economic effect of regulatory changes on small entities.

Third, the Office of Management and Budget directs agencies to assess

the effect of regulatory changes on international trade. In conducting

these analyses, the FAA has determined that this NPRM: (1) would

generate benefits that justify its costs and is not ``a significant

regulatory action'' as defined in the Executive Order; (2) is not

significant as defined in Department of Transportation's Regulatory

Policies and Procedures; (3) would not have a significant impact on a

substantial number of small entities; (4) would not constitute a

barrier to international trade; and (5) would not contain any Federal

intergovernmental or private sector mandate. Therefore, the

requirements of Title II of the Unfunded Mandates Reform Act of 1995 do

not apply. These analyses are summarized here in the preamble and the

full Regulatory Evaluation is in the docket.

This draft Regulatory Evaluation analyzes the potential costs and

benefits of the NPRM to amend 14 CFR part 71. The proposed rule would

reconfigure two subareas and create an additional subarea within the

Houston, TX, Class B airspace area. The proposal would reconfigure

subarea A, expand subarea D, and establish a subarea E with a floor of

2,500 feet MSL.

The FAA has determined that aircraft operators would not incur any

additional navigational or equipment costs as a result of the

reconfiguration of subareas A and D or the establishment of the new

subarea E. The proposed rule would establish lateral boundaries for

subareas D and E. The FAA concludes that the reconfigured subarea D and

the newly created subarea E are small in area, and would not impose any

additional avionics equipment or circumnavigation cost onto operators.

The reconfiguration of subarea A would move the lateral boundary inward

(west), subsequently reducing the overall size of the subarea. The FAA

contends that the reduction of

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the subarea A lateral boundary may reduce circumnavigation cost for GA

operations.

This NPRM would not impose any additional administrative costs onto

the FAA for personnel, facilities, or equipment. The modification of

subareas A, D and E would only slightly expand the overall size of the

Class B airspace area. This proposed action would provide additional

ATC participation in subareas D and E with higher operations

complexity, but would not expand the Class B airspace area lateral

boundaries beyond the 30-NM arc.

In view of the potential benefits of enhanced aviation safety and

increased operational efficiency and the negligible cost of compliance,

the FAA has determined that this proposed rule would be cost-

beneficial.

Initial Regulatory Flexibility Determination

The Regulatory Flexibility Act of 1980 (RFA) was enacted by

Congress to ensure that small entities are not unnecessarily and

disproportionately burdened by Federal regulations. The RFA requires

regulatory agencies to review rules which may have ``a significant

economic impact on a substantial number of small entities.'' FAA Order

2100.14A outlines the FAA's procedures and criteria for implementing

the RFA.

The FAA's criteria for a ``substantial number'' is a number that is

not less than 11 and that is more than one third of the small entities

subject to the NPRM. The small entities that could be potentially

affected by implementation of this proposed rule are unscheduled

operators of aircraft for hire owning nine or fewer aircraft.

The FAA has determined that this NPRM would not have an adverse

effect on a substantial number of small entities. This assessment is

based on the premise that potentially impacted operators regularly fly

into airports where radar approach control services have already been

established. In addition, increasing the overall size of the Class B

airspace area by such a small area would not impose any additional cost

on circumnavigating operators for time and fuel. The FAA contends that

the proposed rule would not have a significant economic impact on a

substantial number of small entities, in view of the zero cost of

compliance.

The FAA has determined that this NPRM would not result in a

significant economic impact on a substantial number of small entities;

therefore, a regulatory flexibility analysis is not required under the

terms of the RFA.

International Trade Impact Assessment

The NPRM would neither constitute a barrier to international trade

for the export of American goods and services to foreign countries, nor

for the import of foreign goods and services into the United States.

The NPRM would not impose costs on aircraft operators or aircraft

manufacturers in the U.S. or foreign countries. The proposed

modifications of the Houston Class B airspace area would only affect GA

aircraft utilizing U.S. VFR procedures.

Unfunded Mandates Assessment

Title II of the Unfunded Mandates Reform Act of 1995 (the Act),

enacted as Pub. L. 104-4 on March 22, 1995, requires each Federal

agency, to the extent permitted by law, to prepare a written assessment

of the effects of any Federal mandate in a proposed or final agency

rule that may result in the expenditure of $100 million or more

adjusted annually for inflation in any one year by State, local, and

tribal governments, in the aggregate, or by the private sector. Section

204(a) of the Act, 2 U.S.C. 1534(a), requires the Federal agency to

develop an effective process to permit timely input by elected officers

(or their designees) of State, local and tribal governments on a

proposed ``significant intergovernmental mandate.'' A ``significant

intergovernmental mandate'' under the Act is any provision in a Federal

agency regulation that would impose an enforceable duty upon State,

local, and tribal governments, in the aggregate, (of $100 million

adjusted annually for inflation) in any one year. Section 203 of the

Act, 203 U.S.C 1533, which supplements section 204(a), provides that

before establishing any regulatory requirements that might

significantly or uniquely affect small governments, the agency shall

have developed a plan that among other things provides for notice to

potentially affected small governments, if any, and for a meaningful

and timely opportunity to provide input in the development of

regulatory proposals.

This proposed rule does not contain any Federal intergovernmental

mandates, but does contain a private sector mandate. However, because

expenditures by the private sector will not exceed $100 million

annually, the requirements of Title II of the Unfunded Mandates Reform

Act of 1995 do not apply.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

In consideration of the foregoing, the Federal Aviation

Administration proposes to amend 14 CFR part 71 as follows:

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 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 7400.9E, Airspace Designations and

Reporting Points, dated September 10, 1997, and effective September 16,

1997, is amended as follows:

Paragraph 3000 Subpart B--Class B Airspace

* * * * *

ASW TX B Houston, TX [Revised]

George Bush Intercontinental Airport (IAH) (Primary Airport)

(Lat. 29 deg.58'50'' N., long. 95 deg.20'23'' W.)

William P. Hobby Airport (Secondary Airport)

(Lat. 29 deg.38'44'' N., long. 95 deg.16'44'' W.)

Ellington Field

(Lat. 29 deg.36'27'' N., long. 95 deg.09'32'' W.)

Humble VORTAC (IAH)

(Lat. 29 deg.57'25'' N., long. 95 deg.20'45'' W.)

Hobby VOR/DME (HUB)

(Lat. 29 deg.39'01'' N., long. 95 deg.16'45'' W.)

Boundaries

Area A. That airspace extending upward from the surface to and

including 10,000 feet MSL bounded by a line beginning at the

intersection of the Humble VORTAC 8-mile arc and the 090 deg.

radial; thence clockwise along the Humble VORTAC 8-mile arc to the

Humble VORTAC 069 deg. radial; thence east along the Humble VORTAC

069 deg. radial to the 10-mile arc of Humble VORTAC; thence

clockwise along the 10-mile arc to the Humble VORTAC 090 deg.

radial; thence west to the point of beginning; and that airspace

bounded by a line beginning at lat. 29 deg.45'37'' N., long.

95 deg.21'58'' W.; to lat. 29 deg.45'46'' N., long. 95 deg.11'47''

W.; thence clockwise along the Hobby VOR/DME 8-mile DME arc to

intercept the Hobby VOR/DME 056 deg. radial; thence southwest along

the Hobby VOR/DME 056 deg. radial to the 5.1 NM fix, thence direct

to the Hobby VOR/DME 131 deg./005.8 NM fix; thence southeast along

the Hobby VOR/DME 131 deg. radial to intercept the Hobby VOR/DME 7

NM arc; thence clockwise on the 7 NM arc to the Hobby VOR/DME

156 deg. radial; thence north along the Hobby VOR/DME 156 deg.

radial to the Hobby VOR/DME 6-mile fix; thence clockwise along the

Hobby VOR/DME 6 NM arc to the Hobby VOR/DME 211 deg. radial;

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thence south along the Hobby VOR/DME 211 deg. radial to the Hobby

VOR/DME 8-mile arc clockwise to the point of beginning.

Area B. That airspace extending upward from 2,000 feet MSL to

and including 10,000 feet MSL bounded by a line beginning at the

intersection of State Highway 59 (SH 59) and the Hobby VOR/DME 15-

mile arc; thence counterclockwise along the Hobby VOR/DME 15-mile

arc to the intersection of the Hobby VOR/DME 15-mile arc and the

Humble VORTAC 15-mile arc; thence counterclockwise along the Humble

VORTAC 15-mile arc to the intersection of the Humble VORTAC 15-mile

arc and Westheimer Road lat. 29 deg.44'07'' N., long. 95 deg.28'47''

W.; thence southwest to and along SH 59 to the point of beginning,

excluding Areas A, C and E.

Area C. That airspace extending upward from 3,000 feet MSL to

and including 10,000 feet MSL bounded by a line beginning at the

intersection of SH 59 and the Humble VORTAC 20-mile DME arc; thence

clockwise along the Humble VORTAC 20-mile DME arc to the

intersection of the Humble VORTAC 20-mile DME arc and Interstate 10

(I-10), west on I-10 to the Hobby VOR/DME 15-mile arc; thence

counterclockwise along the Hobby VOR/DME 15-mile arc to the Humble

VORTAC 15-mile DME arc; thence counterclockwise along the Humble

VORTAC 15-mile DME arc to the intersection of the Humble VORTAC 15

NM DME arc and Westheimer Road; thence southwest to and along SH 59

to the point of beginning; and that airspace beginning at the

intersection of the Hobby VOR/DME 15-mile arc and 156 deg. radial;

thence north along the Hobby VOR/DME 156 deg. radial to the Hobby

VOR/DME 10-mile arc clockwise along the Hobby VOR/DME 10-mile arc to

the Hobby VOR/DME 211 deg. radial; thence south along the Hobby VOR/

DME 211 deg. radial to intersect the 15-mile arc to the point of

beginning.

Area D. That airspace extending upward from 4,000 feet MSL to

and including 10,000 feet MSL bounded by a line beginning at the

intersection of SH 59 and the Humble VORTAC 30-mile DME arc; thence

clockwise along the Humble VORTAC 30-mile DME arc to the

intersection of the Humble VORTAC 30 NM arc and the Hobby VOR/DME 20

NM arc; thence clockwise along the Hobby VOR/DME 20-mile arc to SH

59; thence southwest on SH 59 to the point of beginning, excluding

Areas B, C, and E.

Area E. That airspace extending upward from 2,500 feet MSL to

and including 10,000 feet MSL bounded by a line beginning at the

intersection of the Hobby VOR/DME 15 NM arc and State Road 6 (SR 6);

thence southeast along SR 6 to the intersection of Farm Road 521 (FR

521); thence south along FR 521 to the intersection of the Hobby

VOR/DME 15 NM arc; thence counterclockwise along the Hobby VOR/DME

15 NM arc to the point of the beginning.

* * * * *

Issued in Washington, DC, on October 22, 1997.

Reginald C. Matthews,

Acting Program Director for Air Traffic Airspace Management.

Note: This Appendix will not appear in the Code of Federal

Regulations.

Appendix--Houston, TX, Class B Airspace Area

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