58694 Federal Register / Vol. 62, No. 210 / Thursday, October 30, 1997 / Proposed Rules

Reporting and recordkeeping spent fuel pool cooling event, the (ii) For Reactor Configuration 2: when requirements. insurance coverage must be as specified the reactor is defueled and permanently in paragraph (w)(1). shutdown, no operating reactors are on 10 CFR Part 140 (ii) For Reactor Configuration 2: when the site, and the spent fuel cladding Criminal penalties, Extraordinary the reactor is defueled and permanently temperature in the spent fuel pool does nuclear occurrence, Insurance, shutdown, no operating reactors are on not exceed 565°C for a postulated loss- Intergovernmental relations, Nuclear the site, and the spent fuel cladding of-spent-fuel-pool-cooling event, in the materials, Nuclear power plants and temperature in the spent fuel pool does amount of $100 million for each reactor. reactors, Reporting and recordkeeping not exceed 565°C for a postulated loss- (iii) For Reactor Configuration 3: requirements. of-spent-fuel-pool-cooling event, the when the reactor is defueled and For the reasons set out in the minimum insurance coverage limit for permanently shutdown, no operating preamble and under the authority of the each reactor must be $50 million. reactors are on the site, no fuel is in the Atomic Energy Act of 1954, as amended, (iii) For Reactor Configuration 3: spent fuel pool, and the radioactive the Energy Reorganization Act of 1974, when the reactor is defueled and liquid inventory onsite is 1,000 gallons as amended, and 5 U.S.C. 553, the NRC permanently shutdown, no operating or greater, in the amount of $50 million is proposing to adopt the following reactors are on the site, no fuel is in the for each reactor. amendments to 10 CFR parts 50 and spent fuel pool, and the radioactive (iv) For Reactor Configuration 4: when 140. liquid inventory onsite is 1,000 gallons the reactor is defueled and permanently or greater, the minimum insurance shutdown, no operating reactors are on PART 50ÐDOMESTIC LICENSING OF coverage for each reactor must be $50 the site, no fuel is in the spent fuel pool, PRODUCTION AND UTILIZATION million. and the radioactive liquid inventory FACILITIES (iv) For Reactor Configuration 4: when onsite is less than 1,000 gallons, in the 1. The authority citation for Part 50 the reactor is defueled and permanently amount of $25 million for each reactor. shutdown, no operating reactors are on continues to read as follows: Dated at Rockville, Maryland, this 23rd day the site, no fuel is in the spent fuel pool, of October, 1997. Authority: Secs. 102, 103, 104, 105, 161, and the radioactive liquid inventory For the Nuclear Regulatory Commission. 182, 183, 186, 189, 68 Stat. 936, 937, 938, onsite is less than 1,000 gallons, the 948, 953, 954, 955, 956, as amended, sec. minimum insurance coverage for each John C. Hoyle, 234, 83 Stat. 444, as amended (42 U.S.C. Secretary of the Commission. 2132, 2133, 2134, 2135, 2201, 2232, 2233, reactor must be $25 million. For sites [FR Doc. 97–28679 Filed 10–29–97; 8:45 am] 2236, 2239, 2282); secs. 201, as amended, awaiting license termination, no 202, 206, 88 Stat. 1242, as amended 1244, insurance coverage is required if the BILLING CODE 7590±01±P 1246, (42 U.S.C. 5841, 5842, 5846). licensee has completed its terminal Section 50.7 also issued under Pub. L. 95– radiation survey and the site is ready for 601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). the confirmatory survey for license DEPARTMENT OF TRANSPORTATION Sections 50.10 also issued under secs. 101, termination. 185, 68 Stat. 955, as amended (42 U.S.C. Federal Aviation Administration 2131, 2235); sec. 102, Pub. L. 91–190, 83 Stat. * * * * * 853 (42 U.S.C. 4332). Sections 50.13, 14 CFR Part 71 50.54(dd), and 50.103 also issued under sec. PART 140ÐFINANCIAL PROTECTION 108, 68 Stat. 939, as amended (42 U.S.C. REQUIREMENTS AND INDEMNITY [Airspace Docket No. 95±AWA±1] 2138). Sections 50.23, 50.35, 50.55, and 50.56 AGREEMENTS also issued under sec. 185, 68 Stat. 955 (42 RIN 2120±AA66 U.S.C. 2235). Sections 50.33a, 50.55a and 1. The authority citation for Part 140 Appendix Q also issued under sec. 102, Pub. continues to read as follows: Proposed Modification of the Houston L. 91–190, 83 Stat. 853 (42 U.S.C. 4332). Authority: Secs. 161, 170, 68 Stat. 948, 71 Class B Airspace Area; Texas Sections 50.34 and 50.54 also issued under Stat. 576, as amended (42 U.S.C. 2201, 2210); AGENCY: Federal Aviation sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). secs. 201, as amended, 202, 88 Stat. 1242, as Sections 50.58, 50.91, and 50.92 also issued amended, 1244 (42 U.S.C. 5841, 5842). Administration (FAA), DOT. under Pub. L. 97–415, 96 Stat. 2073 (42 ACTION: Notice of proposed rulemaking U.S.C. 2239). Section 50.78 also issued under 2. In § 140.11(a), remove ‘‘and’’ at the (NPRM). sec. 122, 68 Stat. 939 (42 U.S.C. 2152). end of paragraph (3), change ‘‘.’’ at end Sections 50.80–50.81 also issued under sec. of paragraph (4) to ‘‘; and’’ and add SUMMARY: This notice proposes to 184, 68 Stat. 954, as amended (42 U.S.C. paragraph (5) to read as follows: modify the Houston, TX, (IAH) Class B 2234). Appendix F also issued under sec. airspace area. Specifically, this action 187, 68 Stat. 955 (42 U.S.C. 2237). § 140.11 Amounts of financial protection for certain reactors. proposes to reconfigure two existing 2. In § 50.54(w), paragraph (5) is subarea boundaries and create an added to read as follows: (a) * * * (5) For the specified reactor additional subarea within the Houston § 50.54 Conditions of licenses. configurations during permanent Class B airspace area. The FAA is shutdown of nuclear power reactors proposing this action to enhance safety, * * * * * reduce the potential for midair collision, (w) * * * (such reactors being classified as having (5) For the specified reactor zero electric power level rated capacity) and to better manage air traffic configurations during permanent that were covered during their operation operations into, out of, and through the shutdown, licensees shall maintain the by paragraph (a)(4): Houston Class B airspace area while following insurance requirements (i) For Reactor Configuration 1: when accommodating the concerns of airspace notwithstanding paragraph (w)(1): the reactor is defueled, permanently users. (i) For Reactor Configuration 1: when shutdown, and the spent fuel cladding DATES: Comments must be received on the reactor is defueled, permanently temperature in the spent fuel pool is or before December 1, 1997. shutdown, and the spent fuel cladding 565°C or greater for a postulated loss of ADDRESSES: Send comments on the temperature in the spent fuel pool is spent fuel pool cooling event, in the proposal in triplicate to the Federal 565°C or greater for a postulated loss of amount as specified in paragraph (a)(4). Aviation Administration, Office of the Federal Register / Vol. 62, No. 210 / Thursday, October 30, 1997 / Proposed Rules 58695

Chief Counsel, Attention: Rules Docket, Availability of NPRM’s modify or implement the application of AGC–200, Airspace Docket No. 95- Any person may obtain a copy of this these proven control areas to provide AWA–1, 800 Independence Avenue, Notice of Proposed Rulemaking (NPRM) greater protection for air traffic in the SW., Washington, DC 20591. The by submitting a request to the Federal airspace areas most commonly used by official docket may be examined in the Aviation Administration, Office of Air passenger-carrying aircraft. Rules Docket, Office of the Chief Traffic Airspace Management, 800 The standard configuration of a Class Counsel, Room 916, 800 Independence Independence Avenue, SW., B airspace area contains three Avenue, SW., Washington, DC, Washington, DC 20591, or by calling concentric circles centered on the weekdays, except Federal holidays, (202) 267–8783. Communications must primary airport extending to 10, 20, and between 8:30 a.m. and 5:00 p.m. An identify the notice number of this 30 nautical miles (NM), respectively. informal docket may also be examined NPRM. Persons interested in being The standard vertical limits of the Class during normal business hours at the placed on a mailing list for future B airspace area normally should not Office of the Regional Air Traffic NPRM’s should call the FAA’s Office of exceed 10,000 feet mean sea level Division. Rulemaking, (202) 267–9677, for a copy (MSL), with the floor established at the of Advisory Circular No. 11–2A, Notice surface in the inner area and at levels FOR FURTHER INFORMATION CONTACT: Ms. of Proposed Rulemaking Distribution appropriate for the containment of Sheri A. Edgett Baron, Airspace and System, that describes the application operations in the outer areas. Variations Rules Division, ATA–400, Office of Air procedure. of these criteria may be utilized Traffic Airspace Management, Federal contingent on the terrain, adjacent Aviation Administration, 800 Background regulatory airspace, and factors unique Independence Avenue, SW., On December 17, 1991, the FAA to the terminal area. Washington, DC 20591: telephone: (202) published the Airspace Reclassification The coordinates for this airspace 267–8783. Final Rule (56 FR 65655). This rule docket are based on North American discontinued the use of the term Datum 83. Class B airspace areas are SUPPLEMENTARY INFORMATION: ‘‘Terminal Control Area’’ (TCA) and published in paragraph 3000 of FAA Comments Invited replaced it with the designation ‘‘Class Order 7400.9E, dated September 10, B airspace area.’’ This change in 1997, and effective September 16, 1997, Interested parties are invited to terminology is reflected in this NPRM. which is incorporated by reference in 14 participate in this proposed rulemaking The Class B airspace area program CFR section 71.1. The Class B airspace by submitting such written data, views, was developed to reduce the potential area listed in this document would be or arguments as they may desire. for midair collision in the congested published subsequently in the Order. Comments that provide the factual basis airspace surrounding airports with high Related Rulemaking Actions supporting the views and suggestions density air traffic by providing an area presented are particularly helpful in wherein all aircraft are subject to certain On June 21, 1988, the FAA published developing reasoned regulatory operating rules and equipment the Transponder with Automatic decisions on the proposal. Comments requirements. Altitude Reporting Capability are specifically invited on the overall The density of traffic and the type of Requirement Final Rule (53 FR 23356). regulatory, aeronautical, economic, operations being conducted in the This rule requires all aircraft to have an environmental, and energy-related airspace surrounding major terminals altitude encoding transponder when aspects of the proposal. increase the probability of midair operating within 30 NM of any Communications should identify the collisions. In 1970, an extensive study designated TCA primary airport from airspace docket number and be found that the majority of midair the surface up to 10,000 feet MSL. This submitted in triplicate to the address collisions occurred between a general rule excluded those aircraft that were listed above. Commenters wishing the aviation (GA) aircraft and an air carrier not originally certificated with an FAA to acknowledge receipt of their or military aircraft, or another GA engine driven electrical system, (or comments on this notice must submit aircraft. The basic causal factor common those that have not subsequently been certified with such a system), balloons, with those comments a self-addressed, to these conflicts was the mix of aircraft or gliders. stamped postcard on which the operating under visual flight rules (VFR) following statement is made: and aircraft operating under instrument On October 14, 1988, the FAA flight rules (IFR). Class B airspace areas published the TCA Classification and ‘‘Comments to Airspace Docket No. 95– provide a method to accommodate the TCA Pilot and Navigation Equipment AWA–1.’’ The postcard will be date/ increasing number of IFR and VFR Requirements Final Rule (53 FR 40318). time stamped and returned to the operations. The regulatory requirements This rule, in part, removed the different commenter. All communications of Class B airspace areas afford the classifications of TCAs, and requires the received on or before the specified greatest protection for the greatest pilot-in-command of a civil aircraft closing date for comments will be number of people by giving air traffic operating within a TCA to hold at least considered before taking action on the control (ATC) increased capability to a private pilot certificate, except for a proposed rule. The proposal contained provide aircraft separation service, student pilot who has received certain in this notice may be changed in light thereby minimizing the mix of documented training. of comments received. All comments controlled and uncontrolled aircraft. Pre-NPRM Public Input submitted will be available for On May 21, 1970, the FAA published examination in the Rules Docket both the Designation of Federal Airways, In June 1992, an ad hoc committee before and after the closing date for Controlled Airspace, and Reporting was formed, representing airspace users, comments. A report summarizing each Points Final Rule (35 FR 7782). This to analyze the Houston Class B airspace substantive public contact with FAA rule provided for the establishment of area and develop recommendations for personnel concerned with this TCAs. To date, the FAA has established modifying the existing airspace design. rulemaking will also be filed in the a total of 29 Class B airspace areas. The The ad hoc committee met on several docket. FAA is proposing to take action to occasions and submitted written 58696 Federal Register / Vol. 62, No. 210 / Thursday, October 30, 1997 / Proposed Rules recommendations for modifying the In addition, the FAA proposes to remains unchanged. Area D remains Houston Class B airspace area. create an additional subarea within the unchanged except in that area along the As announced in the Federal Register Houston Class B airspace area, 30 NM arc east-southeast of Houston, in on January 28, 1994 (59 FR 4134), a pre- southwest of William P. Hobby Airport, the vicinity of Bayton Airport and NPRM informal airspace meeting was in the vicinity of Southwest Airport, R.W.J. Airpark. and raise the subarea floor to 2,500 feet held on April 19, 1994, in Pasadena, TX, Regulatory Evaluation Summary to provide local airspace users an MSL. This proposed subarea would opportunity to present input on the allow sufficient airspace for aircraft Proposed changes to Federal design of the planned modifications of operations at Southwest Airport without regulations must undergo several the Houston Class B airspace area. entering the Class B airspace area. economic analyses. First, Executive Order 12866 directs that each Federal All comments received during the The Proposal informal airspace meetings and the agency shall propose or adopt a subsequent comment period were The FAA proposes to amend 14 CFR regulation only upon a reasoned considered and incorporated, in part, in part 71 by modifying the Houston Class determination that the benefits of the this NPRM. Verbal and written B airspace area. Specifically, this action intended regulation justify its costs. comments were received, and the FAA’s proposes to reconfigure two existing Second, the Regulatory Flexibility Act findings are summarized below. subarea boundaries, and create an of 1980 requires agencies to analyze the additional subarea within the existing economic effect of regulatory changes Analysis of Comments Houston Class B airspace area in the on small entities. Third, the Office of One commenter recommended vicinity southwest of the William P. Management and Budget directs realigning the existing 30 NM arc Hobby Airport. The FAA is proposing agencies to assess the effect of boundary east-southeast of the George this action to enhance safety, reduce the regulatory changes on international Bush Intercontinental Airport (formerly potential for midair collision, and to trade. In conducting these analyses, the FAA has determined that this NPRM: (1) Houston Intercontinental Airport), in better manage air traffic operations into, out of, and through the Houston Class would generate benefits that justify its the vicinity of the Baytown Airport, and B airspace area while accommodating costs and is not ‘‘a significant regulatory R.W.J. Airpark. the concerns of airspace users. This action’’ as defined in the Executive The FAA supports this proposal would realign a portion of the Order; (2) is not significant as defined recommendation and proposes to eastern boundary defined as the Humble in Department of Transportation’s realign a portion of the east-southeast VORTAC 30 NM arc, located east- Regulatory Policies and Procedures; (3) boundary of the Houston Class B southeast of Houston, in the vicinity of would not have a significant impact on airspace area defined as (a portion of) Bayton Airport and R.W.J. Airpark, a substantial number of small entities; the Humble Very High Frequency where it intercepts I–10. The FAA (4) would not constitute a barrier to Omnidirectional Range/Tactical Air proposes to continue the boundary international trade; and (5) would not Navigation (VORTAC) 30 NM arc, at the along the Humble VORTAC 30 NM arc contain any Federal intergovernmental point where it intercepts Interstate 10 until it intercepts the 20 NM arc of the or private sector mandate. Therefore, the (I–10). From this point, the boundary Hobby VOR/DME. In addition to this requirements of Title II of the Unfunded would continue along the Humble realignment, the FAA proposes to Mandates Reform Act of 1995 do not VORTAC 30 NM arc until it intercepts expand the existing floor to 4,000 feet apply. These analyses are summarized the 20 NM arc of the Hobby Very High MSL in this area. The floor at 4,000 feet here in the preamble and the full Frequency Omnidirectional Range/ MSL would allow nonparticipating Regulatory Evaluation is in the docket. Distance Measuring Equipment (VOR/ aircraft ingress and egress out of the This draft Regulatory Evaluation DME). In this area the FAA proposes to Bayton Airport and R.W.J. Airpark. analyzes the potential costs and benefits establish the floor at 4,000 feet MSL, to Additionally, the FAA proposes to of the NPRM to amend 14 CFR part 71. allow nonparticipating aircraft ingress reconfigure a portion of Area A around The proposed rule would reconfigure and egress out of Bayton Airport and William P. Hobby Airport by two subareas and create an additional R.W.J. Airpark. reconfiguring its eastern boundary. This subarea within the Houston, TX, Class Several commenters suggested that a modification would provide aircraft B airspace area. The proposal would portion of the surface area around operators utilizing Ellington Airport reconfigure subarea A, expand subarea William P. Hobby Airport and Ellington approximately 1 1/2-miles of additional D, and establish a subarea E with a floor Airport be raised to support ingress and airspace for aircraft operations west of of 2,500 feet MSL. egress at Ellington Airport. Ellington Airport. Further, the FAA The FAA has determined that aircraft The FAA does not agree with this proposes to create a new subarea in the operators would not incur any suggestion because airspace down to the vicinity of Southwest Airport with a additional navigational or equipment surface is necessary to protect for floor of 2,500 feet MSL. This costs as a result of the reconfiguration aircraft operations into and out of modification would provide additional of subareas A and D or the William P. Hobby Airport (the airspace for nonparticipating aircraft establishment of the new subarea E. The secondary airport of the Houston Class operating below the floor of the Houston proposed rule would establish lateral B airspace area). However, the FAA Class B airspace area. boundaries for subareas D and E. The proposes to modify a portion of Area A Area A is unchanged except for the FAA concludes that the reconfigured around William P. Hobby Airport, by eastern boundary around William P. subarea D and the newly created reconfiguring its eastern boundary and Hobby Airport and the change to the subarea E are small in area, and would providing Ellington Airport legal description of Area A. Area B not impose any additional avionics approximately 11⁄2–NM of additional remains unchanged except where the equipment or circumnavigation cost airspace to its west. This would provide proposed modification aligns with Area onto operators. The reconfiguration of aircraft operators utilizing Ellington A (around William P. Hobby Airport), subarea A would move the lateral Airport additional airspace for and where it is proposed to create the boundary inward (west), subsequently operations into and out of Ellington additional subarea to the southwest of reducing the overall size of the subarea. Airport. William P. Hobby Airport. Area C The FAA contends that the reduction of Federal Register / Vol. 62, No. 210 / Thursday, October 30, 1997 / Proposed Rules 58697 the subarea A lateral boundary may International Trade Impact Assessment The Proposed Amendment reduce circumnavigation cost for GA The NPRM would neither constitute a In consideration of the foregoing, the operations. Federal Aviation Administration This NPRM would not impose any barrier to international trade for the export of American goods and services proposes to amend 14 CFR part 71 as additional administrative costs onto the follows: FAA for personnel, facilities, or to foreign countries, nor for the import equipment. The modification of of foreign goods and services into the PART 71ÐDESIGNATION OF CLASS A, subareas A, D and E would only slightly United States. The NPRM would not CLASS B, CLASS C, CLASS D, AND expand the overall size of the Class B impose costs on aircraft operators or CLASS E AIRSPACE AREAS; airspace area. This proposed action aircraft manufacturers in the U.S. or AIRWAYS; ROUTES; AND REPORTING would provide additional ATC foreign countries. The proposed POINTS participation in subareas D and E with modifications of the Houston Class B higher operations complexity, but airspace area would only affect GA 1. The authority citation for part 71 would not expand the Class B airspace aircraft utilizing U.S. VFR procedures. continues to read as follows: area lateral boundaries beyond the 30- Unfunded Mandates Assessment Authority: 49 U.S.C. 106(g), 40103, 40113, NM arc. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– In view of the potential benefits of Title II of the Unfunded Mandates 1963 Comp., p. 389. enhanced aviation safety and increased Reform Act of 1995 (the Act), enacted as § 71.1 [Amended] operational efficiency and the negligible Pub. L. 104–4 on March 22, 1995, cost of compliance, the FAA has requires each Federal agency, to the 2. The incorporation by reference in determined that this proposed rule extent permitted by law, to prepare a 14 CFR 71.1 of the Federal Aviation would be cost-beneficial. written assessment of the effects of any Administration Order 7400.9E, Airspace Federal mandate in a proposed or final Designations and Reporting Points, Initial Regulatory Flexibility dated September 10, 1997, and effective Determination agency rule that may result in the expenditure of $100 million or more September 16, 1997, is amended as The Regulatory Flexibility Act of 1980 adjusted annually for inflation in any follows: (RFA) was enacted by Congress to one year by State, local, and tribal Paragraph 3000 Subpart B—Class B ensure that small entities are not governments, in the aggregate, or by the Airspace unnecessarily and disproportionately private sector. Section 204(a) of the Act, * * * * * burdened by Federal regulations. The 2 U.S.C. 1534(a), requires the Federal RFA requires regulatory agencies to agency to develop an effective process ASW TX B Houston, TX [Revised] review rules which may have ‘‘a to permit timely input by elected George Bush Intercontinental Airport (IAH) significant economic impact on a (Primary Airport) officers (or their designees) of State, ° ′ ′′ ° ′ ′′ substantial number of small entities.’’ local and tribal governments on a (Lat. 29 58 50 N., long. 95 20 23 W.) William P. Hobby Airport (Secondary FAA Order 2100.14A outlines the FAA’s proposed ‘‘significant intergovernmental procedures and criteria for Airport) mandate.’’ A ‘‘significant ° ′ ′′ ° ′ ′′ implementing the RFA. (Lat. 29 38 44 N., long. 95 16 44 W.) intergovernmental mandate’’ under the Ellington Field The FAA’s criteria for a ‘‘substantial Act is any provision in a Federal agency ° ′ ′′ ° ′ ′′ number’’ is a number that is not less (Lat. 29 36 27 N., long. 95 09 32 W.) regulation that would impose an Humble VORTAC (IAH) than 11 and that is more than one third enforceable duty upon State, local, and (Lat. 29°57′25′′ N., long. 95°20′45′′ W.) of the small entities subject to the tribal governments, in the aggregate, (of Hobby VOR/DME (HUB) ° ′ ′′ ° ′ ′′ NPRM. The small entities that could be $100 million adjusted annually for (Lat. 29 39 01 N., long. 95 16 45 W.) potentially affected by implementation inflation) in any one year. Section 203 Boundaries of this proposed rule are unscheduled of the Act, 203 U.S.C 1533, which operators of aircraft for hire owning Area A. That airspace extending upward supplements section 204(a), provides from the surface to and including 10,000 feet nine or fewer aircraft. that before establishing any regulatory MSL bounded by a line beginning at the The FAA has determined that this requirements that might significantly or intersection of the Humble VORTAC 8-mile NPRM would not have an adverse effect ° uniquely affect small governments, the arc and the 090 radial; thence clockwise on a substantial number of small agency shall have developed a plan that along the Humble VORTAC 8-mile arc to the entities. This assessment is based on the Humble VORTAC 069° radial; thence east among other things provides for notice premise that potentially impacted along the Humble VORTAC 069° radial to the to potentially affected small operators regularly fly into airports 10-mile arc of Humble VORTAC; thence governments, if any, and for a where radar approach control services clockwise along the 10-mile arc to the meaningful and timely opportunity to ° have already been established. In Humble VORTAC 090 radial; thence west to provide input in the development of the point of beginning; and that airspace addition, increasing the overall size of regulatory proposals. bounded by a line beginning at lat. 29°45′37′′ the Class B airspace area by such a small ° ′ ′′ ° ′ ′′ This proposed rule does not contain N., long. 95 21 58 W.; to lat. 29 45 46 N., area would not impose any additional long. 95°11′47′′ W.; thence clockwise along cost on circumnavigating operators for any Federal intergovernmental the Hobby VOR/DME 8-mile DME arc to time and fuel. The FAA contends that mandates, but does contain a private intercept the Hobby VOR/DME 056° radial; the proposed rule would not have a sector mandate. However, because thence southwest along the Hobby VOR/DME significant economic impact on a expenditures by the private sector will 056° radial to the 5.1 NM fix, thence direct ° substantial number of small entities, in not exceed $100 million annually, the to the Hobby VOR/DME 131 /005.8 NM fix; requirements of Title II of the Unfunded thence southeast along the Hobby VOR/DME view of the zero cost of compliance. ° The FAA has determined that this Mandates Reform Act of 1995 do not 131 radial to intercept the Hobby VOR/DME apply. 7 NM arc; thence clockwise on the 7 NM arc NPRM would not result in a significant to the Hobby VOR/DME 156° radial; thence economic impact on a substantial List of Subjects in 14 CFR Part 71 north along the Hobby VOR/DME 156° radial number of small entities; therefore, a to the Hobby VOR/DME 6-mile fix; thence regulatory flexibility analysis is not Airspace, Incorporation by reference, clockwise along the Hobby VOR/DME 6 NM required under the terms of the RFA. Navigation (air). arc to the Hobby VOR/DME 211° radial; 58698 Federal Register / Vol. 62, No. 210 / Thursday, October 30, 1997 / Proposed Rules thence south along the Hobby VOR/DME west on I–10 to the Hobby VOR/DME 15-mile DME 20-mile arc to SH 59; thence southwest 211° radial to the Hobby VOR/DME 8-mile arc; thence counterclockwise along the on SH 59 to the point of beginning, excluding arc clockwise to the point of beginning. Hobby VOR/DME 15-mile arc to the Humble Areas B, C, and E. Area B. That airspace extending upward VORTAC 15-mile DME arc; thence Area E. That airspace extending upward from 2,000 feet MSL to and including 10,000 counterclockwise along the Humble from 2,500 feet MSL to and including 10,000 feet MSL bounded by a line beginning at the VORTAC 15-mile DME arc to the intersection feet MSL bounded by a line beginning at the intersection of State Highway 59 (SH 59) and of the Humble VORTAC 15 NM DME arc and intersection of the Hobby VOR/DME 15 NM the Hobby VOR/DME 15-mile arc; thence Westheimer Road; thence southwest to and arc and State Road 6 (SR 6); thence southeast counterclockwise along the Hobby VOR/DME along SH 59 to the point of beginning; and along SR 6 to the intersection of Farm Road 15-mile arc to the intersection of the Hobby that airspace beginning at the intersection of 521 (FR 521); thence south along FR 521 to VOR/DME 15-mile arc and the Humble the Hobby VOR/DME 15-mile arc and 156° the intersection of the Hobby VOR/DME 15 VORTAC 15-mile arc; thence radial; thence north along the Hobby VOR/ NM arc; thence counterclockwise along the counterclockwise along the Humble DME 156° radial to the Hobby VOR/DME 10- Hobby VOR/DME 15 NM arc to the point of VORTAC 15-mile arc to the intersection of mile arc clockwise along the Hobby VOR/ the beginning. the Humble VORTAC 15-mile arc and DME 10-mile arc to the Hobby VOR/DME * * * * * Westheimer Road lat. 29°44′07′′ N., long. 211° radial; thence south along the Hobby Issued in Washington, DC, on October 22, 95°28′47′′ W.; thence southwest to and along VOR/DME 211° radial to intersect the 15-mile 1997. SH 59 to the point of beginning, excluding arc to the point of beginning. Reginald C. Matthews, Areas A, C and E. Area D. That airspace extending upward Acting Program Director for Air Traffic Area C. That airspace extending upward from 4,000 feet MSL to and including 10,000 Airspace Management. from 3,000 feet MSL to and including 10,000 feet MSL bounded by a line beginning at the feet MSL bounded by a line beginning at the intersection of SH 59 and the Humble Note: This Appendix will not appear in the intersection of SH 59 and the Humble VORTAC 30-mile DME arc; thence clockwise Code of Federal Regulations. VORTAC 20-mile DME arc; thence clockwise along the Humble VORTAC 30-mile DME arc Appendix—Houston, TX, Class B along the Humble VORTAC 20-mile DME arc to the intersection of the Humble VORTAC Airspace Area to the intersection of the Humble VORTAC 30 NM arc and the Hobby VOR/DME 20 NM 20-mile DME arc and Interstate 10 (I–10), arc; thence clockwise along the Hobby VOR/ BILLING CODE 4910±13±P Federal Register / Vol. 62, No. 210 / Thursday, October 30, 1997 / Proposed Rules 58699

[FR Doc. 97–28753 Filed 10–29–97; 8:45 am] BILLING CODE 4910±13±C