2024-16644. Amendment of Class D Airspace; Dallas, TX

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Department of Transportation

Federal Aviation Administration

1. 14 CFR Part 71
2. [Docket No. FAA-2023-2362; Airspace Docket No. 23-ASW-18]
3. RIN 2120-AA66

AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This action amends the Class D airspace at the Dallas Executive Airport, previously known as Dallas Redbird Airport, Dallas, TX. This action is the result of an airspace review. The geographic coordinates of Dallas Executive Airport, Dallas, TX, will also be updated to coincide with the FAA's aeronautical database. This action brings the airspace into compliance with FAA orders to support instrument flight rule (IFR) operations.

DATES:

Effective 0901 UTC, October 31, 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: [phone].

FOR FURTHER INFORMATION CONTACT:

Rebecca Shelby, Federal Aviation Administration, Operations Support Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone [phone].

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 D airspace at the Dallas Executive Airport, formerly known as Dallas Redbird Airport, Dallas, TX, (contained within the airspace legal description) to support IFR operations at this airport.

History

The FAA published an NPRM for Docket No. FAA-2023-2362 in the Federal Register (89 FR 14601; February 28, 2024) proposing to amend the Class D airspace at Dallas, 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, however it did not pertain to the action, so no response is provided.

Incorporation by Reference

Class E airspace designations are published in paragraphs 5000 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.

Differences From the NPRM

Subsequent to publication of the NPRM, the FAA discovered a typographical error in the Class D airport name in the header, “Redbird Executive Airport, TX “should have been “Dallas Executive Airport, TX”, and the part-time language was inadvertently omitted.

The Rule

This amendment to 14 CFR part 71:

Modifies the Class D airspace at Dallas Executive Airport, Dallas, TX, by modifying the Class D airspace extending upward from the surface up to but not including 3,000 feet MSL within a 4.5-mile (increased from 4.2- mile) radius of the Dallas Executive Airport, Dallas, TX, (previously Dallas Redbird Airport); and the Redbird RBN and associated extensions were removed from the airspace description.as they are no longer needed; and 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; also, the geographic coordinates are updated to coincide with the FAA's aeronautical database; replacing the part-time language inadvertently omitted in the NPRM; and the outdated terms “Notice to Airmen” and Airport/Facility Directory” with “Notice to Air Missions” and “Chart Supplement”.

This action is the result of a biennial airspace review brings the airspace into compliance with current FAA orders, and to support IFR operations at this airport.

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

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.

§ 71.1

[Amended]

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 Dallas, TX [Amended]

Dallas Executive Airport, TX

(Lat. 32°40′53″ N, long. 96°52′08″ W)

That airspace extending upward from the surface up to but not including 3,000 feet within a 4.5-mile radius of Dallas Executive Airport. This Class D airspace area is effective during 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.

* * * * *

Issued in Fort Worth, Texas, on July 23, 2024.

Martin A. Skinner,

Acting Manager, Operations Support Group, ATO Central Service Center.