[Federal Register Volume 79, Number 13 (Tuesday, January 21, 2014)]
[Rules and Regulations]
[Pages 3315-3326]
[FR Doc No: 2014-00941]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2012-1168; Airspace Docket No. 07-AWA-3]
RIN 2120-AA66

Modification of the Dallas/Fort Worth Class B Airspace Area; TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies the Dallas/Fort Worth, TX, Class B
airspace area to ensure containment of large turbine-powered aircraft
flying instrument procedures to and from the Dallas/Fort Worth
International Airport (DFW) and Dallas Love Field Airport (DAL) within
Class B airspace. The FAA is taking this action to further support its
national airspace redesign goal of optimizing terminal and en route
airspace areas to enhance safety, improve the flow of air traffic, and
reduce the potential for near midair collision in the DFW terminal
area.

DATES: Effective Date: 0901 UTC, March 6, 2014. The Director of the
Federal Register approves this incorporation by reference action under
3 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace Policy and
Regulations Group, AJV-11, Office of Airspace Services, Federal
Aviation Administration, 800 Independence Avenue SW., Washington, DC
20591; telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On January 22, 2013, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to modify the Dallas/Fort Worth,
TX, Class B airspace area (78 FR 4356). This action proposed to expand
the lateral and vertical dimensions of the Dallas/Fort Worth Class B
airspace area to provide additional airspace needed to contain large
turbine-powered aircraft flying instrument procedures to and from the
Dallas/Fort Worth International Airport (DFW) and Dallas Love Field
Airport (DAL) within Class B airspace. The NPRM noted that large
turbine-powered aircraft routinely entered, exited, and then re-entered
Class B airspace while flying published instrument approach procedures
to DFW runway13R and DAL runways 13L/13R and 31R/31L, which is contrary
to FAA policy.
    Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal. A total of 73
responses to the NPRM were received; of which, 13 responses opposed the
proposed action and did not provide any rationale or information for
consideration. On April 25, 2013, and subsequent to the close of the
public comment period, the FAA received an inquiry from two
Congressional members requesting that the FAA withdraw the NPRM and
consider the alternative solution submitted by a commenter to the NPRM.
This inquiry was added to the docket (making 74 responses total) and
considered along with the responses received during the comment period.
The FAA considered all substantive comments received before making a
determination on the final rule.

Discussion of Comments

    Of the 74 responses received to the NPRM, 61 concerned the airspace
in the vicinity of Addison Airport (ADS). All of these commenters
opposed the proposed modification to Area F, contending that it would
result in lower flight paths for DAL arrivals and ADS arrivals and
departures, and lead to various adverse impacts such as compression of
VFR aircraft, safety of flight issues, increased noise, air pollution
and health issues, lower property values, detrimental effect on local
businesses, and decreased commerce at ADS.
    The above perceived impacts appear to be based on the belief that
the Class B airspace modification would lead to an increased number of
IFR and VFR flights operating at lower altitudes than they do today.
This is incorrect. The Class B airspace modifications, including Area
F, are based on the need to contain existing large turbine-powered IFR
aircraft that are now operating below Class B airspace. It is important
to note that existing DAL IFR arrival and departure operating
altitudes, flight paths, traffic patterns, and procedures will not
change. As stated in the NPRM, the Area F modification will continue to
support IFR and VFR aircraft arriving and departing ADS as they do
today without compression and ensure large turbine-powered aircraft
flying instrument procedures to DAL runways 13L/13R are contained
within Class B airspace.
    Five commenters argued that the FAA should not lower the Class B
airspace over the entire Addison Class D airspace area. They believed
it would create an unsafe condition with arrivals and departures to
from ADS from the north and east would be forced to operate at the
same, or close to the same altitudes; create the possibility of
unintentional airspace incursions; and have operational issues
associated with separation from the existing DAL traffic patterns at
1,600 feet MSL and 2,000 feet MSL. Additionally, one of the commenters
also argued that lowering the entire ADS Class D airspace to a 2,500-
foot MSL ceiling under the 3,000-foot MSL Class B airspace floor would
result in a wedge of uncontrolled airspace above ADS to the north and
east.
    As noted in the NPRM, the FAA reduced the lateral dimensions of
Area F over the ADS Class D airspace to only extend from the 10-
nautical mile (NM) arc from the Point of Origin to the 13-NM arc from
the Point of Origin; matching the outer boundary with the adjacent Area
B outer boundary at 13-NM arc from the Point of Origin, and not overlay
the entire ADS Class D airspace. The ADS Class D airspace beyond the
13-NM arc is unchanged and the existing 3,000-foot MSL ceiling is
unaffected by this rule. By lowering only the portion of Class B
airspace necessary to contain aircraft flying instrument procedures to
DAL within Class B airspace [Area F] and retaining the existing
arrival/departure traffic flows, altitudes, and procedures, the
concerns that the ADS arrival/departure aircraft from the north and
east would be operating at the same altitudes are addressed. ADS
arrival and departure aircraft will be unaffected and are not expected
to create any unintentional Class B incursions or impact the two
existing ADS traffic patterns. Finally, the ADS Class D airspace beyond
the 13-NM arc of the Point of Origin will remain unchanged by this
airspace action.
    Thirty commenters stated that VFR flights operating at ADS would be
compressed as a result of establishing Area F with a 2,500 feet MSL
floor over a portion of the ADS Class D airspace. They further argue
that this compression into less airspace at ADS, below Area F, could
result in the loss of operational flexibility and options for VFR
aircraft to vary from air traffic control (ATC) recommended arrival and
departure altitudes; the introduction of new flight safety hazards to
VFR pilots forced to fly 500 feet lower; a greater potential for midair
collision; and inadvertent incursions into Class B

airspace through the Area F 2,500-foot MSL floor. Lastly, they contend
that ADS departures at 2,000 feet MSL and arrivals at 2,500 feet MSL
today would be forced to operate at the same (or close to the same)
altitudes, which would reduce traffic separation for VFR pilots and
introduce a greater possibility of wake turbulence due to more large
aircraft flying at lower altitudes.
    The primary purpose of a Class B airspace area is to reduce the
potential for midair collisions in the airspace surrounding airports
with high density air traffic operations by providing an area in which
all aircraft are subject to certain operating rules and equipment
requirements. FAA directives require Class B airspace areas be designed
to contain all instrument procedures, and that air traffic controllers
vector aircraft as appropriate to remain within Class B airspace after
entry.
    The FAA recognizes that VFR pilots electing to fly below the floor
of Class B airspace may be compressed. However, the airspace designated
as Area F with a 2,500-foot MSL floor over the ADS Class D airspace is
necessary to contain the large turbine-powered aircraft flying
instrument procedures to/from DAL within Class B airspace. The Dallas/
Fort Worth terminal area encompasses DFW (third busiest airport in the
U.S. with over 646,800 airport operations in 2011), DAL (over 179,190
airport operations in 2011), ADS (over 91,120 airport operations in
2011), plus numerous other airports situated in and around the terminal
area. These airport operations create a complex, high density airspace
environment containing a highly diverse mix of aircraft types and
aviation activities. In some areas, large turbine-powered aircraft and
non-participating VFR aircraft are flying simultaneously in the same
airspace. It is essential to segregate the large turbine-powered
aircraft arriving/departing DFW/DAL and the non-participating VFR
aircraft in the vicinity of ADS, who may not be communicating with ATC.
    Additionally, it must be noted that there are no planned changes to
existing flight paths, altitudes, or procedures supporting ADS IFR/VFR
arrivals and departures. Due to the high volume of VFR traffic mixed
with IFR corporate aircraft, the Dallas Terminal Radar Control (TRACON)
(D10) will continue to sequence all arrivals to ADS. Aircraft on the
downwind also will continue to be sequenced inbound at 2,500 feet MSL
while IFR departures will be climbing to 2,000 feet MSL. VFR aircraft
will be assigned 2,000 feet MSL altitude initially until conflicts
between arrivals and departures are resolved. ADS departures (IFR/VFR)
will continue to be issued a 050 degree heading at 2,000 feet MSL to
avoid a tower located 8-miles east of ADS with a minimum vectoring
altitude (MVA) restriction of 2,200 feet MSL. While this obstruction
reduces multiple headings that could be used for departing and arriving
aircraft, the use of additional altitude segregation by local
procedures ensure flight safety in the area. VFR aircraft in the ADS
Class D airspace will continue to receive traffic advisories.
    Consequently, some non-participating VFR aircraft may have to fly
further, or at different altitudes, in order to remain clear of the
modified Class B airspace. Ultimately, it is the pilot's responsibility
to evaluate all factors that could affect a planned flight and
determine the safest course of action whether it is circumnavigating
the Class B airspace, flying over or beneath the Class B airspace,
utilizing a charted VFR flyway, or requesting Class B clearance and
services from D10.
    Seven commenters recommended that the FAA move the Area F outer
boundary over the ADS Class D airspace to an 11.5-NM arc of the Point
of Origin instead of the 13-NM mile arc that was proposed. The
requested boundary move would lower Class B airspace to 2,500 feet MSL
west of ADS only and was considered a reasonable alternative by the
commenters attempting to minimize the compression concerns while
containing the majority of large turbine-powered aircraft flying
instrument procedures to DFW and DAL within Class B airspace. Three
commenters asserted that the FAA's own radar data slides presented at
the Informal Airspace Meetings suggested that there was no need to
lower the Class B airspace floor east of ADS. One commenter stated that
moving the Area F outer boundary to an 11.5-NM arc from the Point of
Origin was consistent with the recommendation of the Ad Hoc Committee
and would provide easily-identified landmarks to aid VFR pilots in
identifying the boundary of the lowered Class B airspace; whereas, the
FAA's own proposal provided no such visual references for VFR pilots.
    To address the counter-proposal submitted by the commenters to
limit Area F to an area between the 10-NM and 11.5-NM arcs from the
Point of Origin, the FAA accomplished new radar track data analysis and
modeling for DAL arrivals flying over the ADS Class D airspace. The FAA
determined that, on average, 209 aircraft per day landed at DAL from
the east over the ADS Class D airspace and an average of 130 aircraft
per day descended below 3,000 feet MSL over ADS between the 10-NM and
13-NM arcs from the Point of Origin. Of those 130 aircraft, an average
of 60 aircraft per day (approximately 45 percent) descended below 3,000
feet MSL outside an 11.5-NM arc from the Point of Origin. Therefore, if
Area F was limited to between the 10-NM and 11.5-NM arcs from the Point
of Origin, as recommended by the commenters, only 70 (out of 130)
aircraft arriving to DAL each day, on average, would be contained
within Class B airspace and 60 aircraft arriving to DAL each day, on
average, would continue to descend below Class B airspace into the ADS
Class D airspace area. Moving the outer boundary of Area F to an 11.5-
NM arc from the Point of Origin would not ensure containment of all
large turbine-powered aircraft flying instrument procedures to and from
DFW and DAL, as intended by this rule.
    Because of the close proximity of the DFW, DAL and ADS airports,
access to the congested airspace northeast of DFW for aircraft not
landing or departing one of these airports is very limited. The FAA
determined that the number of VFR aircraft flying in the ADS Class D
airspace and not receiving any ATC flight services reached 2,500 feet
MSL in Area F less than twice per day, on average. The modeling also
revealed that aircraft landing and departing ADS, using existing
procedures, remained below the floor of Area F.
    The FAA has confirmed that establishing Area F, between the 10 NM
and 13 NM arcs from the Point of Origin, will contain all the DAL
arrival aircraft conducting instrument procedures within Class B
airspace and that the 2,500-foot MSL Class B airspace floor will not
affect ADS IFR and VFR arrivals, departures, traffic flows, or
departure release procedures. Although the FAA is reclassifying a small
portion of the ADS Class D airspace to become part of Area F, the
operational procedures used today by the ADS tower and D10 will remain
unchanged. Access to ADS by VFR aircraft is also not impacted by Area F
because it is shadowed by existing Class B airspace (being renamed Area
C) with a 2,000 foot MSL floor from the southeast clockwise to the
north-northwest of ADS and by the existing Class B surface area (Area
A) from the southeast clockwise to the west-northwest of ADS. VFR
aircraft, not in contact with D10, that are arriving or departing ADS
must avoid Area C and the surface area that surround ADS from the
southeast clockwise to the north-northwest before Area F with its
2,500-foot MSL floor becomes a factor.

    Lastly, the FAA acknowledges that the 13-NM arc from the Point of
Origin used to define the outer boundary for Area F does not share the
same opportunity for prominent visual landmarks as the counter-proposal
submitted by the commenters. The FAA remains supportive of using
prominent landmarks, when available, to describe airspace boundaries.
However, matching the outer boundary of Area F with the 13-NM arc outer
boundary of Area B has benefit too; it avoids potential confusion for
pilots faced with multiple arcs in a relatively confined area to define
differing Class B airspace subarea boundaries.
    Three comments concerned lowering the floors of two areas of Class
B airspace southeast of DFW, Area D and Area I, to contain large
turbine-powered aircraft during arrival procedures to DAL runways 31L/
31R. Two of the commenters were concerned with compression and
circumnavigation associated with transitioning the area east and west
around Dallas Executive Airport (RBD) and Mesquite Airport (HQZ) (being
renamed Mesquite Metro Airport) past Area D lowered to 2,000 feet MSL
between the 15-NM and 20-NM arcs of the Point of Origin and Area I
lowered to 3,000 feet MSL between the 20-NM and 25-NM arcs of the Point
of Origin. One of these commenters added that lowering the Class B
airspace in this area reduces the separation between transitioning
aircraft and the aircraft operating at HQZ. The commenter argued
aircraft overflying uncontrolled airports are not required to monitor
frequencies at those locations and that would increase the potential
for loss of situational awareness and potential for a midair collision
among VFR pilots flying below Area D and Area I, but over HQZ. The
commenter suggested that the amount of traffic surrounding HQZ demanded
immediate attention for establishing Class D airspace around HQZ. The
third commenter argued that Area D and Area I were unnecessary and
addressed instrument procedure glideslope corrections, that are address
later in this rule.
    The FAA recognizes that VFR pilots electing to fly below the floor
of Class B airspace may be compressed. However, the Dallas/Fort Worth
Class B airspace Area D and Area I subareas, with 2,000-foot MSL and
3,000-foot MSL floors, respectively, are necessary to contain large
turbine-powered aircraft flying instrument procedures to/from DAL
within Class B airspace and to segregate them from the VFR aircraft
flying outside Class B airspace. Non-participating VFR general aviation
aircraft have their choice of flying either above or below the Class B
airspace, or circumnavigating it by five to ten NM further southeast to
remain clear should they decide not to contact D10 to receive Class B
services.
    As mentioned before, it is ultimately the pilot's responsibility to
evaluate all factors that could affect a planned flight and determine
the safest course of action whether it is circumnavigating the Class B
airspace, flying over or beneath the Class B airspace, utilizing a
charted VFR flyway, or requesting Class B services from D10.
    The FAA agrees with the commenter that suggested establishing Class
D airspace around HQZ in the interest of flight safety. As such, the
FAA built a control tower at HQZ, which began providing limited traffic
advisory services in December of 2013, and published a final rule in
the Federal Register (78 FR 67296, November 12, 2013) establishing
Class D airspace around HQZ with an effective date of February 6, 2014.
The Class D airspace area extends upward from the surface up to but not
including 2,000 feet MSL, within a 3.5-mile radius of the Mesquite
Metro Airport, Mesquite, TX, with an extension from the 3.5-mile radius
to 4.1-miles south of the airport. The Mesquite, TX, Class D airspace
area and control tower, when open, will enhance the safety and
management of IFR and VFR operations at the airport with transient
traffic around HQZ.
    Twenty six comments were received expressing flight safety concerns
associated with lowering the Class B airspace over ADS. Many of the
commenters alleged that the lower Class B airspace of Area F over ADS,
and the corresponding reduction of ADS Class D airspace, would
negatively impact the overall operational safety of the single engine
VFR operations at ADS. Eight commenters stated the limited amount of
available altitude in case of low-altitude emergencies raised the risk
of aircraft accidents. Seven commenters raised safety related concerns
as a result of their perceived reduction in vertical separation options
for aircraft operating at ADS. Four commenters argued there were
already numerous close calls at ADS and the reduced airspace under Area
F invited an increase in midair collisions. Three commenters criticized
that limited inbound and outbound routes to and from ADS would be
further constrained; whereas, one commenter each contended the lower
Class B airspace would force VFR aircraft to fly below the 1,000-foot
above ground level requirement over congested areas, would induce more
``head down'' operation and less ``see and avoid'' procedures, and
would put VFR aircraft at risk of cell towers and other low-altitude
obstructions near ADS.
    The FAA disagrees with the flight safety related concerns presented
by the commenters because no arrival or departure flight paths,
altitudes, or operational procedures for IFR and VFR aircraft flying
to/from DAL or ADS are being changed as a result of Area F. Again, the
commenters' perceived flight safety impacts appear to be based on the
belief that the Area F Class B airspace modification over ADS would
lead to an increased number of IFR and VFR flights operating at lower
altitudes than they do today. Due to the high volume of VFR and IFR
aircraft operating in the vicinity of ADS, D10 will continue to
sequence all arrivals and departures to and from ADS.
    Mixing DAL IFR arrivals and VFR aircraft outside the Class B
airspace presents a hazard to safety. This rule addresses the safety
impact of large turbine-powered aircraft arriving to DAL that routinely
entered, exited, and then re-entered Class B airspace, while being
vectored and flying instrument procedures to DAL runways 13L/13R over
ADS, as well as to DAL runways 31L/31R from the southeast. The FAA
believes that the Class B design in this rule establishes the minimum
Class B airspace required for containment of large turbine-powered
aircraft flying instrument procedures to/from DFW and DAL, while
leaving as much airspace as possible for IFR and VFR flight operations
in the ADS area, outside Class B airspace.
    Twenty-nine commenters raised noise concerns related to the Area F
being established over a portion of the ADS Class D airspace area.
Commenters stated, ``increased noise pollution will reduce property
values,'' ``increase noise will make it less desirable to dine outdoors
in a community where restaurants are the largest contributor to sales
tax,'' ``with the increase in air traffic planned for DAL, the
frequency of jet traffic noise will increase to levels that are
unacceptable,'' and ``this modification would create a significant
increase in noise and general disturbance over a highly populated
residential area.'' One commenters also requested a new review and
updated environmental impact study or noise study be accomplished since
a long time had passed from when the Class B modifications were
originally proposed.
    The FAA does not agree because the Class B airspace being lowered
over ADS is not associated with any changes to traffic flows,
altitudes, or procedures; but rather, the containment of existing
aircraft operations within Class B

airspace. The FAA believes that the submitted noise concerns presume an
increased number of aircraft would be overflying ADS and that aircraft
would be flying at lower altitudes over the communities surrounding
ADS. Aircraft are already flying in the areas and at the same altitudes
they will be after Area F is established. The Class B airspace
modification over ADS is being accomplished purely to contain existing
large turbine-powered aircraft flying instrument procedures, and their
associated traffic patterns, to/from DFW and DAL within Class B
airspace. The Class B airspace modification over ADS is simply an
airspace classification change from Class D to Class B and will not
have any impact on noise.
    The FAA completed its environmental review and Categorical
Exclusion Declaration on May 1, 2013, in support of the Dallas/Fort
Worth Class B airspace modifications. In accordance with FAA Order
1050.1, Environmental Impacts: Policies and Procedures, paragraph 311a,
rulemaking actions that modify Class B airspace are categorically
excluded from the requirement to prepare an environmental assessment or
environmental impact statement. The FAA determined that there were no
extraordinary circumstances that would necessitate further
environmental review since the flight tracks and altitudes used will
not change as a result of the Class B airspace modifications and
aircraft will continue to fly the same flight tracks, patterns, and
altitudes that they fly today. There are no adverse effects on any of
the environmental impact categories required to be analyzed in
accordance with FAA Order 1050.1, nor are there any cumulative impacts.
    Eleven commenters argued lowering the Class B airspace over ADS
would have a negative economic impact to ADS, the residents in the
area, and to the North Dallas region. They were concerned that
reclassifying a portion of ADS Class D airspace as Class B would impact
ADS economically by serving as a disincentive to current/future ADS
customers to remain at ADS and result in them going elsewhere less
congested and impact local business success in the area. They were also
concerned that the business and commerce attractiveness of ADS to
businesses outside the Dallas County/North Texas region would be
decreased and that lower property values of the residential communities
surrounding ADS would result.
    The FAA disagrees that establishing Area F over ADS will cause the
economic impacts raised by the commenters. The Area F 2,500-foot MSL
Class B airspace floor over the Addison Class D airspace area will have
no effect on ADS IFR or VFR arrivals, departures, altitudes, traffic
flows, or departure release procedures. Additionally, the IFR aircraft
arriving and departing DFW and DAL will continue to fly the same flight
tracks, patterns, and altitudes that they fly today.
    As noted previously, Area F is shadowed by Area C, with its 2,000-
foot MSL floor, and Area A, the surface area, from the southeast
clockwise to the west-northwest of ADS. Any perceived aerial access
impacts to ADS, caused by Area F, are overcome by the requirements for
aircraft to avoid these previously existing Class B airspace subareas.
Modeling did show that on average less than 3 VFR aircraft per day,
squawking 1200, flew at lower altitudes for short periods of time, but
these aircraft were determined to be VFR practice aircraft and not
receiving sequencing ATC services for arrival or departure. As such,
the FAA does not expect IFR or VFR operators to cease operating at ADS,
does not expect IFR and VFR aircraft to fly lower than they currently
do, and does not expect an increase in large turbine-powered aircraft
operations at DAL. Therefore, the FAA does not find that Area F has any
economic impact to the airport, the local community, or the North
Dallas region, as argued by the commenters.
    Two commenters offered that the need to lower Class B airspace to
contain large turbine-powered aircraft could be averted by raising the
glide paths for the Instrument Landing System (ILS) and Area Navigation
(RNAV) approaches to DAL. One commenter also argued that DAL is not a
primary airport of the Dallas/Fort Worth Class B airspace area and that
lowering the Class B airspace southeast of DFW to contain aircraft
flying DAL approaches is a misuse of aviation regulations. The
commenter suggested raising the published altitudes on ILS and RNAV
procedures to DAL runways 31L/31R (in essence raising the approach
glideslopes from the standard 3 degree angle) to overcome DAL arrivals
not being contained in Class B airspace. The second commenter's focus
was the airspace over the Addison Class D airspace and simply requested
the FAA consider raising the approach procedure glideslopes to DAL
runways 13L/13R before seeking an airspace solution to containing DAL
arrival aircraft within Class B airspace.
    The FAA acknowledges that DAL is not listed as a primary airport in
the Dallas/Fort Worth Class B airspace description, but disagrees that
it is inappropriate to lower the Class B airspace southeast of DFW to
contain the aircraft flying instrument procedures to DAL within Class B
airspace. As noted in the NPRM, the FAA revoked the Airport Radar
Service Area (ARSA) surrounding DAL and incorporated the airport and
its airspace into the surface area of the Dallas Fort-Worth Terminal
Control Area (TCA) [Class B airspace today] in 1992. The FAA took this
action in the interest of flight safety as a result of the complex mix
of aircraft operating in the Dallas/Fort Worth terminal flying
environment and to lower the risk of midair collisions in the airspace
around DFW and DAL; thereby reducing the chance of casualty loss (i.e.
aviation fatalities and injuries). Revoking the DAL ARSA and making the
airspace part of the Dallas-Fort Worth TCA was expected to result in
increased safety in the entire TCA [Class B airspace today] and it has.
As such, the FAA continues to consider the midair collision avoidance
and airspace requirements associated with Class B airspace to apply to
the operations at DFW and DAL, when addressing the Dallas/Fort Worth
terminal airspace area.
    The FAA re-evaluated the suggestion to raise the ILS and RNAV
approach procedure glideslopes into DAL and does not agree. Raising the
existing 3 degree approach procedure glideslopes, in lieu of lowering
Class B airspace, was considered previously when the proposal was
developed and in response to pre-NPRM public input. In order to retain
the current traffic flows in Class B airspace without the proposed
modifications, the instrument procedure glideslope angles to the DAL
runways 13L/13R and 31L/R would have to be raised in excess of 3.1
degrees; resulting in the loss of approach minimums for category D and
E aircraft. A 3 degree glideslope angle for instrument procedures is
the standard for safety.
    Another commenter suggested the need for lower Class B airspace
floors could be addressed by raising the glide paths for the instrument
approaches to DAL using an extension of the Optimized Profile Descent
for the close-in terminal area and creating a two-stage glideslope
approach. The commenter offered that by flying an average 6 degree
descent angle initially, aircraft would no longer be forced to fly
shallow paths to the airport. Then, since jets are not as responsive as
light general aviation aircraft, the aircraft would transition to a
standard 3 degree glide path at some pre-determined distance from the
runway, most likely 1,500 feet to 1,000 feet AGL and 1 NM prior to
passing the final approach fix.

    This suggestion for a two-stage glideslope approach would require a
revision of instrument flight procedures and the development of new or
additional glideslope equipment, which may not be technically feasible
and/or may involve flight safety issues. As such, it is outside the
scope of this rule.
    Five commenters were concerned that lower Class B airspace,
primarily over ADS, would cause a related increase in ATC workload to
ensure flight safety. One commenter asserted that the lower Class B
airspace floors would force pilots to participate with D10, which often
time could not handle the load they already have, while another
commenter stated that sometimes controllers are too busy to offer
clearances through the Class B airspace. A third commenter was
concerned that the lower Class B airspace at ADS would result in more
departure holds, as well as increased vectoring for arrivals and
departures to and from ADS.
    The FAA remains committed to providing Class B airspace services to
all National Airspace System (NAS) users operating in the airspace
surrounding DFW, DAL, and ADS in a manner that keeps the Dallas/Fort
Worth terminal area safe for all users. As mentioned earlier, the
primary purpose of a Class B airspace area is to reduce the potential
for midair collisions in the airspace surrounding airports with high
density air traffic operations by providing an area in which all
aircraft are subject to certain operating rules and equipment
requirements.
    Based on historical data and forecast trends, the average D10 daily
traffic count includes 1,515 air carrier, 764 air taxi, 445 general
aviation, 51 military IFR operations and 421 VFR operations. In 2012,
D10 provided Class B services to approximately 200 VFR aircraft
operations per day. When VFR aircraft request Class B services, they
are initially told to remain outside the Class B airspace until radar
identification is established; oftentimes, this is misunderstood as
denial of Class B services. D10 routinely provides Class B airspace
clearances and services to VFR aircraft requesting access into and
through the Dallas/Fort Worth Class B airspace on a workload permitted
basis when the arrival/departure traffic volume and airspace capacity
conditions enable doing so safely. Lastly, it should be noted that the
existence of Class B airspace has no impact on IFR delays or aircraft
vectoring, the determining factors for these activities are normally
traffic volume and weather.
    Three commenters suggested that the FAA should establish VFR routes
through the Dallas/Fort Worth Class B airspace area over Dallas and
Fort Worth to retain efficiency, safety and access for all operators.
Two of the commenters offered that the transition routes would allow
VFR aircraft to navigate through the Class B airspace without adding
additional burden to the controllers and provide a predictable routing
for the VFR pilots. The third commenter stated that flying the existing
VFR transition routes is very time consuming and involves flying in
congested airspace, and that the routes are exceedingly frustrating to
transition safely and legally given the number of Class D and
uncontrolled airports that must be transitioned.
    The FAA interpreted the commenters' suggestion to mean they were
recommending VFR corridors through the Class B airspace area and
acknowledges that VFR corridors provide general aviation flight paths
for pilots planning flights into, out of, or through complex terminal
airspace so as to avoid Class B airspace. However, the FAA has
determined establishing VFR corridors over DFW and DAL through the
Class B airspace surface area is not feasible and would result in
adverse impacts to the arrival and departure flows, and associated
traffic patterns, supporting DFW and DAL operations. Specifically, DFW
and DAL fan departures off their airports covering as much as 220
degrees around the compass in a north flow and 250 degrees around the
compass in a south flow. Depending upon the runway configuration in
use, low altitude VFR corridors, as suggested, would conflict with the
over 1,250 departures from DFW and DAL daily, on average, and force
departures to be restricted below the corridor altitude(s) until clear
of the corridor. Additionally, the geographic relationship between DFW,
DAL, and ADS, as well as HQZ, RBQ, Grand Prairie, Arlington, Ft Worth
Meacham International, and Ft Worth Alliance airports, with their
arrival and departure flows, does not support establishing VFR
corridors through the Dallas/Fort Worth Class B airspace area.
    The FAA recognizes that using the existing flyways takes more time
to fly around the DFW and DAL area than flying directly through it, but
does not agree that the existing VFR flyways are difficult to
transition safely or legally. The Class B airspace floors over the low
altitude VFR flyways are not changing and the flyways remain unaffected
by this rule. There are two VFR flyways that route north and south, one
located east and one located west of DFW and DAL, and four VFR flyways
that route east and west, two located north and two located south of
DFW and DAL. These six VFR flyways surround DFW and DAL and provide
both low and high altitude route alternatives to circumnavigate the
Class B airspace area for those pilots that opt not to request ATC
services through Class B airspace from D10.
    Bell Helicopter requested that the FAA modify the Class B airspace
surface area, Area A. Bell Helicopter advised that they plan to move
their training area back to an area southwest of DFW, near where they
previously conducted helicopter training, and expand their facility to
support a training program conducting 3,500 flight hours per year. They
requested the FAA modify the Class B airspace surface area to exclude a
portion of airspace southwest of DFW extending upward from the surface
to and including 1,500 feet MSL in the area south of State Highway 10
and west of the Texas Star Golf Course. The requested exclusion would
support a helicopter training area near the area Bell Helicopter
operated at from the mid 1970's through 2006.
    The FAA evaluated Bell Helicopter's request and determined that the
Class B airspace surface area modification can be incorporated, as
requested, without compromising the containment of large turbine-
powered IFR aircraft conducting instrument procedures within Class B
airspace. As a result of Bell Helicopter's modification request and
details of their impending helicopter training program, the FAA is
modifying the Dallas/Fort Worth Class B airspace surface area to
include an exclusion of airspace as described below in the ``Difference
From the NPRM'' section. This modification supports Bell Helicopter's
returning training program in the area; enables ATC to stay focused on
the arrival, departure, and overflight aircraft operating in the DFW
terminal area; addresses ATC frequency congestion issues; and reduces
the potential for unauthorized airspace incursions without impacting
the containment of large turbine-powered IFR aircraft conducting
instrument procedures within Class B airspace.

Differences From the NPRM

    The description of the subarea A has been modified from that
proposed in the NPRM. In light of public input, the FAA evaluated a
request to exclude a portion of airspace located southwest of DFW from
the Class B airspace surface area and determined the airspace exclusion
could be incorporated without effecting containment of large turbine-
powered aircraft flying instrument procedures to

and from DFW and DAL within Class B airspace. This is accomplished by
excluding the a small portion of airspace located southwest of DFW,
bounded by the surface area boundary, State Highway 10, and the western
boundary of the Texas Star Golf Course, from the surface to and
including 1,500 feet MSL, from Area A. The revised surface area
description is listed in the ``Adoption of the Amendment'' section,
below.

The Rule

    The FAA is amending Title 14 of the Code of Federal Regulations (14
CFR) part 71 to modify the Dallas/Fort Worth, TX, Class B airspace
area. This action lowers the floor of Class B airspace in four areas,
redefines the northern boundary, and incorporates an exclusion of a
small area of airspace within the Class B surface area. The first area,
Area J lowers a portion Class B airspace located northwest of DFW
between 23-NM and 30-NM arcs from the Point of Origin from 5,000 feet
MSL to 4,000 feet MSL. The second area, Area F, lowers a portion of
Class B airspace northeast of DFW between the 10-NM and 13-NM arcs from
the Point of Origin from 3,000 feet MSL to 2,500 feet MSL. The third
area, Area D, lowers a portion of Class B airspace located southeast of
DAL between the 15-NM and 20-NM arcs from the Point of Origin from
2,500 feet MSL to 2,000 feet MSL. And, the fourth area, Area I, lowers
a portion of Class B airspace located southeast of DAL between the 20-
NM and 25-NM arcs from the Point of Origin from 4,000 feet MSL to 3,000
feet MSL. This action also redefines the northern boundary of the Class
B airspace area using the Ray Roberts Lake dam. Lastly, in response to
public input to the NPRM, an exclusion of a small portion of airspace
located southwest of DFW is incorporated in the Class B airspace
surface area. The Class B airspace ceiling remains unchanged. These
modifications to the Dallas/Fort Worth Class B airspace area provide
the minimum airspace necessary to contain existing large turbine-
powered aircraft flying the instrument procedures to and from DFW and
DAL within the confines of Class B airspace.
    Except for Area A, which extends upward from the surface to and
including 11,000 feet MSL within an area surrounding DFW and DAL, the
descriptions of all other subareas that make up the Dallas/Fort Worth
Class B airspace area are reconfigured, re-described, and realigned by
geographic position in relation to the point of origin, rather than the
previous practice of combining geographically separate areas that share
a common altitude floor into one large, complex subarea description.
This action modifies the original eight Dallas/Fort Worth Class B
subareas (A through H) and adds six new subareas (I through N). The
modifications to the Dallas/Fort Worth Class B airspace, by subarea,
are outlined below.
    Area A. Area A is the surface area that extends from the surface up
to 11,000 feet MSL. The FAA is incorporating an exclusion of the
airspace located southwest of DFW bounded by the surface area boundary,
State Highway 10, and the western boundary of the Texas Star Golf
Course, from the surface to an including 1,500 feet MSL, in this
portion of Class B airspace.
    Area B. Area B extends upward from 2,000 feet MSL to 11,000 feet
MSL in the Class B airspace contained in the previous Area B
description that is located north, west, and south of DFW. The FAA is
not changing this portion of Class B airspace.
    Area C. Area C extends upward from 2,000 feet MSL to 11,000 feet
MSL in the remaining Class B airspace contained in the previous Area B
description that is located east of DFW. The FAA is not changing this
portion of Class B airspace.
    Area D. Area D is a new area extending upward from 2,000 feet MSL
to 11,000 feet MSL located southeast of DAL from the Cowboy VOR/DME
(CVE) 117[deg] radial clockwise to the 129[deg] bearing from the Point
of Origin, between 15-NM and 20-NM of the Point of Origin. This new
area lowers a portion of Class B airspace contained in the previous
Area C description, located south of the CVE 117[deg] radial, by 500
feet to overcome aircraft arriving DAL runways 31R and 31L from the
southeast exiting the bottom of Class B airspace with a 2,500-foot MSL
floor, flying under the Class B airspace area, and then reentering the
side of the Class B airspace surface area.
    Area E. Area E extends upward from 2,500 feet MSL to 11,000 feet
MSL in the remaining Class B airspace contained in the previous Area C
description that is not incorporated in the new Area D described above.
The FAA is not changing this portion of Class B airspace.
    Area F. Area F is a new area extending upward from 2,500 feet MSL
to 11,000 feet MSL located northeast of DFW from the 023[deg] bearing
from the Point of Origin clockwise to Interstate I-635, between 10-NM
and 13-NM of the Point of Origin. This new area lowers a portion of
Class B airspace contained in the previous Area D description, located
northeast of DFW, by 500 feet to overcome aircraft arriving DAL runways
13R and 13L from the northeast exiting the bottom of Class B airspace
with a 3,000-foot MSL floor, flying through the ADS Class D airspace,
and then reentering the side of Class B airspace with a 2,000-foot MSL
floor or the side of the Class B airspace surface area.
    Area G. Area G extends upward from 3,000 feet MSL to 11,000 feet
MSL in the Class B airspace contained in the previous Area D
description that is located south of DFW. The FAA is not changing this
portion of Class B airspace.
    Area H. Area H extends upward from 3,000 feet MSL to 11,000 feet
MSL in the remaining Class B airspace contained in the previous Area D
description that is located north of DFW and not incorporated in the
new Area F described above. The FAA is not changing this portion of
Class B airspace.
    Area I. Area I is a new area extending upward from 3,000 feet MSL
to 11,000 feet MSL located southeast of DAL from the Cowboy VOR/DME
(CVE) 117[deg] radial clockwise to the 129[deg] bearing from the Point
of Origin, between 20-NM and 25-NM of the Point of Origin. This new
area lowers a portion of Class B airspace contained in the previous
Area E description by 1,000 feet to overcome aircraft arriving DAL
runways 31R and 31L from the southeast exiting the bottom of Class B
airspace with a 4,000-foot MSL floor, flying under the Class B airspace
area, and then reentering the side of Class B airspace with a 2,500-
foot MSL floor.
    Area J. Area J extends upward from 4,000 feet MSL to 11,000 feet
MSL in the remaining Class B airspace contained in the previous Area E
description that is not incorporated in the new Area I described above
and a portion of Class B airspace contained in the previous Area G
description, located northwest of the 311[deg] bearing from the Point
of Origin. This new area lowers the portion of Class B airspace
contained in the previous Area G description by 1,000 feet to overcome
aircraft arriving DFW runways 13R and 13L from the northwest exiting
the bottom of the Class B airspace with a 5,000-foot MSL floor, flying
under the Class B airspace area, and then reentering the side of the
Class B airspace with a 4,000-foot MSL floor.
    Area K. Area K extends upward from 4,000 feet MSL to 10,000 feet
MSL in the Class B airspace contained in the previous Area F
description that is located south of DFW. The FAA is not changing this
portion of Class B airspace.

    Area L. Area L extends upward from 4,000 feet MSL to 10,000 feet
MSL in the remaining Class B airspace contained in the previous Area F
description that is located north of DFW. The FAA is extending the
northern boundary further north to intercept the southern-most point of
the Ray Roberts Lake dam for visual reference.
    Area M. Area M extends upward from 5,000 feet MSL to 11,000 feet
MSL in the remaining portion of Class B airspace contained in the
current Area G that is not incorporated in the new Area J described
above. The FAA is not changing this portion of Class B airspace.
    Area N. Area N extends upward from 6,000 feet MSL to 11,000 feet
MSL in the Class B airspace contained in the previous Area H
description. The FAA is not changing this Class B airspace.
    Finally, this action updates the DFW airport reference point (ARP)
coordinates and includes the Cowboy VOR/DME (CVE) navigation aid
information in the Class B airspace legal description to reflect
current National Airspace System data.
    Implementation of these modifications to the Dallas/Fort Worth
Class B airspace area ensure the containment of instrument procedures
and large turbine-powered aircraft flying those procedures within Class
B airspace, as required by FAA directives, and enhance the efficient
use of the airspace, the management of aircraft operations, and flight
safety in the DFW and DAL terminal area.
    All radials and bearings listed in the Dallas/Fort Worth Class B
airspace description in this rule are stated in degrees relative to
True North. Additionally, all geographic coordinates are stated in
degrees, minutes, and seconds based on North American Datum 83.
    Class B airspace areas are published in paragraph 3000 of FAA Order
7400.9X, Airspace Designations and Reporting Points, dated August 7,
2013, and effective September 15, 2013, 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.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. 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.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507 (d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. We have determined that there
is no new information collection requirement associated with this final
rule.

Regulatory Evaluation Summary

    Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 and Executive Order 13563 direct
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 (Pub.
L. 96-354) requires agencies to analyze the economic impact of
regulatory changes on small entities. Third, the Trade Agreements Act
(Pub. L. 96-39) prohibits agencies from setting standards that create
unnecessary obstacles to the foreign commerce of the United States. In
developing U.S. standards, the Trade Act requires agencies to consider
international standards and, where appropriate, that they be the basis
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4) requires agencies to prepare a written assessment of
the costs, benefits, and other effects of proposed or final rules that
include a Federal mandate likely to result in the expenditure by State,
local, or tribal governments, in the aggregate, or by the private
sector, of $100 million or more annually (adjusted for inflation with
base year of 1995). This portion of the preamble summarizes the FAA's
analysis of the economic impacts of this final rule.
    The FAA has, therefore, determined that this final rule is not a
``significant regulatory action'' as defined in section 3(f) of
Executive Order 12866, and is not ``significant'' as defined in DOT's
Regulatory Policies and Procedures.
    Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order permits that a statement
to that effect and the basis for it to be included in the preamble if a
full regulatory evaluation of the cost and benefits is not prepared.
Such a determination has been made for this final rule. The reasoning
for this determination follows.
    This action proposes to modify the DFW Class B airspace area to
ensure the containment of large turbine-powered aircraft flying
instrument procedures to and from the Dallas/Fort Worth International
Airport and Dallas Love Field Airport within Class B airspace, reduce
controller workload and reduce the potential for near midair collision
in the DFW terminal area. This action lowers the Class B airspace floor
in some sections to encompass existing IFR traffic. Lowering the floor
of the Class B airspace will increase safety by segregating large
turbine-powered aircraft from aircraft that may not be in contact with
ATC. It will reduce air traffic controller workload by reducing the
number of radio communications that air traffic controllers must use to
inform IFR aircraft when they are leaving and re-entering Class B
airspace. This will reduce the amount of distraction that air traffic
controllers face in issuing these communications and free radio time
for more important control instructions. IFR traffic will not be
rerouted as a result of this proposal.
    The airspace restructuring will result in safety benefits and
increased operational efficiencies. This final rule will enhance safety
by reducing the number of aircraft entering, exiting, and reentering
Class B airspace and consequently reducing air traffic controller
workload and radio frequency congestion. By expanding the Class B area
where aircraft are subject to certain operating rules and equipment
requirements this final rule will also reduce the potential for midair
collisions. The modification of the Class B airspace will provide
operational advantages as well by establishing necessary airspace for
controllers to sequence aircraft within Class B airspace and thereby
reduce the need for controllers to vector arrivals and departures to
avoid nonparticipating traffic. The change may cause some VFR pilots to
have to choose between flying below Class B airspace, circumnavigating
the Class B airspace area, or requesting Class B clearance to
transition the area. If these responses occur then some alternative
routes will be longer, take more time, and burn more fuel. However, due
to the specific restructuring, we do not anticipate that such VFR
flights will have to travel far to circumnavigate the new Class B
airspace.
    The FAA expects an increase in safety and some operational
efficiencies from the larger Class B airspace to be offset slightly by
possible VFR reroutings, which will result in minimal cost

overall. This final rule will not require updating of materials outside
the normal update cycle, and will not require rerouting of IFR traffic.
The expected outcome will be a minimal impact with positive net
benefits.
    The FAA did request comments about the FAA determination of minimal
impact in the NPRM. The FAA received no comments on this determination
of minimal impact in the NPRM.
    Although the FAA received no comments specifically related to the
above determination several commenters, as described earlier in this
Preamble, expressed a concern about possible adverse economic impacts,
including an increase in aircraft noise as a result of the proposed
rule. As discussed earlier in this preamble, these perceived impacts
appear to be based on the belief that the Class B airspace modification
would lead to an increased number of IFR and VFR flights operating at
lower altitudes than they do today. The FAA finds that existing DAL IFR
arrival and departure altitudes, flight paths, traffic patterns and
procedures will not change. As noted in the NPRM, the Area F
modification will continue to support IFR and VFR aircraft arriving and
departing ADS as they do today without compression and ensure large
turbine-powered aircraft flying instrument procedures to DAL runways
13L/13R are contained within Class B airspace.
    Therefore, the FAA expects that the outcome of this final rule will
be a minimal impact with positive benefits.

Final Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration.'' The RFA covers a wide-range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
    As stated in the NPRM, the proposed rule would improve safety and
efficiency by redefining Class B airspace boundaries and would have
imposed only minimal costs because it would not have required rerouting
of IFR traffic, could possibly have caused some VFR aircraft to travel
alternative routes that were not expected to be appreciably longer than
with the current airspace design, and would not have required updating
of materials outside the normal update cycle. Therefore, the expected
outcome would have been a minimal economic impact on small entities
affected by the proposed rulemaking action.
    In the NPRM, the FAA certified that the proposed rule would not
have a significant impact on a substantial number of small entities.
The FAA solicited comments regarding this determination in the NPRM.
Specifically, the FAA requested comments on whether the proposed rule
would create any specific compliance costs unique to small entities
with detailed economic analysis to support any cost claims. The FAA
also invited comments regarding other small entity concerns with
respect to the proposed rule. The FAA received no comments on this
determination.
    If an agency determines that a rulemaking will not result in a
significant economic impact on a substantial number of small entities,
the head of the agency may so certify under section 605(b) of the RFA.
Therefore, as provided in section 605(b), the head of the FAA certifies
that this rulemaking will not result in a significant economic impact
on a substantial number of small entities.

International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards.
    The FAA assessed the potential effect of the proposed rule in the
NPRM and determined that it would have only a domestic impact and
therefore no effect on international trade. The FAA received no
comments on this determination.
    Therefore the FAA determines that this final rule will have only a
domestic impact and therefore no effect on international trade.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $151.0 million in lieu of $100
million. This final rule does not contain such a mandate; therefore,
the requirements of Title II of the Act do not apply.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of 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;
AIRWAYS; ROUTES, AND REPORTING POINTS

0
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]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9X, Airspace Designations and
Reporting Points, dated August 7, 2013, and effective September 15,
2013, is amended as follows:

Paragraph 3000 Class B Airspace.

* * * * *

ASW TX B Dallas/Fort Worth, TX

Dallas/Fort Worth International Airport (Primary Airport)
    (Lat. 32[deg]53'49'' N., long. 97[deg]02'17'' W.)
Point of Origin
    (Lat. 32[deg]51'57'' N., long. 97[deg]01'41'' W.)
Cowboy VOR/DME (CVE)
    (Lat. 32[deg]53'25'' N., long. 96[deg]54'14'' W.)

Boundaries

    Area A. That airspace extending upward from the surface to and
including 11,000 feet MSL within an area bounded by a line beginning
at the intersection of the 10-NM radius from the Point of Origin and
Josey Lane at lat. 32[deg]59'08'' N., long. 96[deg]53'26'' W.,
thence southbound along Josey Lane to intersect Forest Lane at lat.
32[deg]54'34'' N., long. 96[deg]52'54'' W., thence eastbound along
Forest Lane to intersect the 15-NM radius from the Point of Origin
at lat. 32[deg]54'33'' N., long. 96[deg]44'07'' W., thence clockwise
along the 15-NM radius to intersect the 129[deg] bearing from the
Point of Origin at lat. 32[deg]42'29'' N., long. 96[deg]47'52'' W.,
thence northwest along the 129[deg] bearing to intersect I-30 at
lat. 32[deg]46'04'' N., long. 96[deg]53'07'' W., thence west along
I-30 to intersect the 7-NM radius from the Point of Origin at lat.
32[deg]45'34'' N., long. 97[deg]05'07'' W., thence clockwise along
the 7-NM radius to intersect the 310[deg] bearing from the Point of
Origin at lat. 32[deg]56'27'' N., long. 97[deg]08'03'' W., thence
northwest along the 310[deg] bearing to intersect the 10-NM radius
from the Point of Origin at lat. 32[deg]58'23'' N., long.
97[deg]10'47'' W., thence clockwise along the 10-NM radius to the
point of beginning; excluding that airspace extending upward from
the surface to and including 1,500 feet MSL within the area bounded
by a line beginning at the intersection of the 7-NM radius from the
Point of Origin and State Highway 10 at lat. 32[deg]48'39'' N.,
long. 97[deg]09'01'' W.; thence eastbound along State Highway 10 to
lat. 32[deg]49'22'' N., long. 97[deg]07'03'' W.; thence south to
intersect the 7-NM radius from the Point of Origin at lat.
32[deg]46'38'' N., long. 97[deg]07'06'' W.; thence clockwise along
the 7-NM radius from the Point of Origin to State Highway 10 at lat.
32[deg]48'39'' N., long. 97[deg]09'01'' W.
    Area B. That airspace extending upward from 2,000 feet MSL to
and including 11,000 feet MSL within an area bounded by a line
beginning at the intersection of the 10-NM radius from the Point of
Origin and the 310[deg] bearing from the Point of Origin at lat.
32[deg]58'23'' N., long. 97[deg]10'47'' W., thence southeast along
the 310[deg] bearing to intersect the 7-NM radius from the Point of
Origin at lat. 32[deg]56'27'' N., long. 97[deg]08'03'' W., thence
counterclockwise along the 7-NM radius to intersect I-30 at lat.
32[deg]45'34'' N., long. 97[deg]05'07'' W., thence east along I-30
to intersect the 129[deg] bearing from the Point of Origin at lat.
32[deg]46'04'' N., long. 96[deg]53'07'' W., thence southeast on the
129[deg] bearing to intersect the 10-NM radius from the Point of
Origin at lat. 32[deg]45'38'' N., long. 96[deg]52'28'' W., thence
clockwise along the 10-NM radius to intersect SH-303 at lat.
32[deg]42'23'' N., long. 96[deg]58'18'' W., thence west along SH-303
to intersect the 10-NM radius from the Point of Origin at lat.
32[deg]42'29'' N., long. 97[deg]05'30'' W., thence clockwise along
the 10-NM radius to intersect the 300[deg] bearing from the Point of
Origin at lat. 32[deg]56'57'' N., long. 97[deg]11'58'' W., thence
northwest along the 300[deg] bearing to intersect the 13-NM radius
from the Point of Origin at lat. 32[deg]58'27'' N., long.
97[deg]15'04'' W., thence clockwise along the 13-NM radius to
intersect the 023[deg] bearing from the Point of Origin at lat.
33[deg]03'56'' N., long. 96[deg]55'38'' W., thence southwest along
the 023[deg] bearing to intersect the 10-NM radius from the Point of
Origin at lat. 33[deg]01'10'' N., long. 96[deg]57'02'' W., thence
counterclockwise along the 10-NM radius to the point of beginning.
    Area C. That airspace extending upward from 2,000 feet MSL to
and including 11,000 feet MSL within an area bounded by a line
beginning at the intersection of the 10-NM radius from the Point of
Origin and Josey Lane at lat. 32[deg]59'08'' N., long.
96[deg]53'26'' W., thence southbound along Josey Lane to intersect
Forest Lane at lat. 32[deg]54'34'' N., long. 96[deg]52'54'' W.,
thence eastbound along Forest Lane to intersect the 15-NM radius
from the Point of Origin at lat. 32[deg]54'33'' N., long.
96[deg]44'07'' W., thence counter-clockwise along the 15-NM radius
to intersect I-635 at lat. 32[deg]54'42'' N., long. 96[deg]44'09''
W., thence west along I-635 to intersect the 10-NM radius from the
Point of Origin at lat. 32[deg]55'25'' N., long. 96[deg]50'32'' W.,
thence counterclockwise along the 10-NM radius to the point of
beginning.
    Area D. That airspace extending from 2,000 feet MSL up to and
including 11,000 feet MSL within an area bounded by a line beginning
at the intersection of the CVE 117[deg] radial and the 15-NM radius
from the Point of Origin at lat. 32[deg]49'06'' N., long.
96[deg]44'12'' W., thence clockwise along the 15-NM radius to
intersect the 129[deg] bearing from the Point of Origin at lat.
32[deg]42'29'' N., long. 96[deg]47'52'' W., thence southeast along
the 129[deg] bearing to intersect the 20-NM radius from the Point of
Origin at lat. 32[deg]39'19'' N., long. 96[deg]43'16'' W., thence
counterclockwise along the 20-NM radius to intersect the CVE
117[deg] radial at lat. 32[deg]46'45'' N., long. 96[deg]38'46'' W.,
thence northwest along the CVE 117[deg] radial to the point of
beginning.
    Area E. That airspace extending upward from 2,500 feet MSL to
and including 11,000 feet MSL within an area bounded by a line
beginning at the intersection of I-635 and the 15-NM radius from the
Point of Origin at lat. 32[deg]54'42'' N., long. 96[deg]44'09'' W.,
thence clockwise along the 15-NM radius to intersect the CVE
117[deg] radial at lat. 32[deg]49'06'' N., long. 96[deg]44'12'' W.,
thence southeast along the CVE 117[deg] radial to intersect the 20-
NM radius from the Point of Origin at lat. 32[deg]46'45'' N., long.
96[deg]38'46'' W., thence counterclockwise along the 20-NM radius to
intersect I-635 at lat. 32[deg]50'40'' N., long. 96[deg]38'03'' W.,
thence northwest along I-635 to the point of beginning.
    Area F. That airspace extending upward from 2,500 feet MSL, to
and including 11,000 feet MSL within an area bounded by a line
beginning at the intersection of the 023[deg] bearing from the Point
of Origin and the 13-NM radius from the Point of Origin at lat.
33[deg]03'56'' N., long. 96[deg]55'38'' W., thence clockwise along
the 13-NM radius to intersect I-635 at lat. 32[deg]55'26'' N., long.
96[deg]46'49'' W., thence west along I-635 to intersect the 10-NM
radius from the Point of Origin at lat. 32[deg]55'25'' N., long.
96[deg]50'32'' W., thence counterclockwise along the 10-NM radius to
intersect the 023[deg] bearing from the Point of Origin at lat.
33[deg]01'10'' N., long. 96[deg]57'02'' W., thence northeast along
the 023[deg] bearing to the point of beginning.
    Area G. That airspace extending upward from 3,000 feet MSL to
and including 11,000 feet MSL within an area bounded by a line
beginning at the intersection of the 300[deg] bearing from the Point
of Origin and the 10-NM radius from the Point of Origin at lat.
32[deg]56'57'' N., long. 97[deg]11'58'' W., thence counterclockwise
along the 10-NM radius to intersect SH-303 at lat. 32[deg]42'29''
N., long. 97[deg]05'30'' W., thence east along SH-303 to intersect
the 10-NM radius from the Point of Origin at lat. 32[deg]42'23'' N.,
long. 96[deg]58'18'' W., thence counterclockwise along the 10-NM
radius to intersect the 129[deg] bearing from the Point of Origin at
lat. 32[deg]45'38'' N., long. 96[deg]52'28'' W., thence southeast
along the 129[deg] bearing to intersect the 20-NM radius from the
Point of Origin at lat. 32[deg]39'19'' N., long. 96[deg]43'16'' W.,
thence clockwise along the 20-NM radius to intersect the 217[deg]
bearing from the Point of Origin at lat. 32[deg]35'56'' N., long.
97[deg]15'56'' W., thence northeast along the 217[deg] bearing to
intersect the 13-NM radius from the Point of Origin at lat.
32[deg]41'32'' N., long. 97[deg]10'57'' W., thence clockwise along
the 13-NM radius to intersect the 300[deg] bearing from the Point of
Origin at lat. 32[deg]58'27'' N., long. 97[deg]15'04'' W., thence
southeast along the 300[deg] bearing to the point of beginning.
    Area H. That airspace extending upward from 3,000 feet MSL to
and including 11,000 feet MSL within an area bounded by a line
beginning at the intersection of the 13-NM radius from the Point of
Origin and the 300[deg] bearing from the Point of Origin at lat.
32[deg]58'27'' N., long. 97[deg]15'04'' W., thence northwest along
the 300[deg] bearing to intersect the 20-NM radius from the Point of
Origin at lat. 33[deg]01'56'' N., long. 97[deg]22'17'' W., thence
clockwise along the 20-NM radius to intersect I-635 at lat.
32[deg]50'40'' N., long. 96[deg]38'03'' W., thence northwest along
I-635 to intersect the 13-NM radius from the Point of Origin at lat.
32[deg]55'26'' N., long. 96[deg]46'49'' W., thence counterclockwise
along the 13-NM radius to the point of beginning.
    Area I. That airspace extending upward from 3,000 feet MSL to
and including 11,000 feet MSL within an area bounded by a line
beginning at the intersection of the 20- NM radius from the Point of
Origin and the 129[deg] bearing from the Point of Origin at lat.
32[deg]39'19'' N., long. 96[deg]43'16'' W., thence southeast along
the 129[deg] bearing to intersect the 25- NM radius from the Point
of Origin at lat. 32[deg]36'09'' N., long. 96[deg]38'41'' W., thence
counterclockwise along the 25- NM radius to intersect the CVE
117[deg] radial at lat. 32[deg]44'25'' N., long. 96[deg]33'24'' W.,
thence northwest along the CVE 117[deg] radial to intersect the 20-
NM radius from the Point of Origin at lat. 32[deg]46'45'' N., long.
96[deg]38'46'' W., thence clockwise along the 20- NM radius to the
point of beginning.
    Area J. That airspace extending upward from 4,000 feet MSL to
and including 11,000

feet MSL within an area bounded by a line beginning at the
intersection of the 217[deg] bearing from the Point of Origin and
the 20- NM radius from the Point of Origin at lat. 32[deg]35'56''
N., long. 97[deg]15'56'' W., thence counterclockwise along the 20-
NM radius to intersect the 129[deg] bearing from the Point of Origin
at lat. 32[deg]39'19'' N., long. 96[deg]43'16'' W., thence southeast
along the 129[deg] bearing to intersect the 25- NM radius from the
Point of Origin at lat. 32[deg]36'09'' N., long. 96[deg]38'41'' W.,
thence counterclockwise along the 25- NM radius to intersect the CVE
117[deg] radial at lat. 32[deg]44'25'' N., long. 96[deg]33'24'' W.,
thence northwest along the CVE 117[deg] radial to intersect the 20-
NM radius from the Point of Origin at lat. 32[deg]46'45'' N., long.
96[deg]38'46'' W., thence counterclockwise along the 20- NM radius
to intersect the 300[deg] bearing from the Point of Origin at lat.
33[deg]01'56'' N., long. 97[deg]22'17'' W., thence southeast along
the 300[deg] bearing to intersect the 13- NM radius from the Point
of Origin at lat. 32[deg]58'27'' N., long. 97[deg]15'04'' W., thence
counterclockwise along the 13- NM radius to intersect the 217[deg]
bearing from the Point of Origin at lat. 32[deg]41'32'' N., long.
97[deg]10'57'' W., thence southwest along the 217[deg] bearing to
intersect the 20- NM radius from the Point of Origin at lat.
32[deg]35'56'' N., long. 97[deg]15'56'' W., thence clockwise along
the 20- NM radius to intersect I-20 at lat. 32[deg]39'56'' N., long.
97[deg]20'39'' W., thence west along I-20 to intersect I-820 at lat.
32[deg]41'51'' N., long. 97[deg]28'14'' W., thence north along I-820
to intersect the 23- NM radius from the Point of Origin at lat.
32[deg]46'46'' N., long. 97[deg]28'17'' W., thence clockwise along
the 23- NM radius to intersect the 311[deg] bearing from the Point
of Origin at lat. 33[deg]07'02'' N., long. 97[deg]22'21'' W., thence
northwest along the 311[deg] bearing to intersect the 30- NM radius
from the Point of Origin at lat. 33[deg]11'37'' N., long.
97[deg]28'40'' W., thence clockwise along the 30- NM radius to
intersect the 315[deg] bearing from the Point of Origin at lat.
33[deg]13'10'' N., long. 97[deg]26'58'' W., thence east to the
intersection of the 041[deg] bearing of the Point of Origin and the
30- NM radius from the Point of Origin at lat. 33[deg]14'36'' N.,
long. 96[deg]38'13'' W., thence clockwise along the 30- NM radius to
intersect the 138[deg] bearing from the Point of Origin at lat.
32[deg]29'34'' N., long. 96[deg]37'57'' W., thence west to the
intersection of the 217[deg] bearing from the Point of Origin and
the 28.3 NM radius from the Point of Origin at lat. 32[deg]29'17''
N., long. 97[deg]21'49'' W., thence northeast along the 217[deg]
bearing to the point of beginning.
    Area K. That airspace extending upward from 4,000 feet MSL to
and including 10,000 feet MSL within an area bounded by a line
beginning at the intersection of the 138[deg] bearing from the Point
of Origin and the 30- NM radius from the Point of Origin at lat.
32[deg]29'34'' N., long. 96[deg]37'57'' W., thence clockwise along
the 30- NM radius to intersect the 149[deg] bearing from the Point
of Origin at lat. 32[deg]26'10'' N., long. 96[deg]43'26'' W., thence
west to the intersection of the 210[deg] bearing from the Point of
Origin and the 30- NM radius from the Point of Origin at lat.
32[deg]25'54'' N., long. 97[deg]19'24'' W., thence clockwise along
the 30- NM radius to intersect the 217[deg] bearing from the Point
of Origin at lat. 32[deg]27'55'' N., long. 97[deg]23'01'' W., thence
northeast along the 217[deg] bearing to intersect the 28.3- NM
radius from the Point of Origin at lat. 32[deg]29'17'' N., long.
97[deg]21'49'' W., thence east to the point of beginning.
    Area L. That airspace extending upward from 4,000 feet MSL to
and including 10,000 feet MSL within an area bounded by a line
beginning at the intersection of the 315[deg] bearing from the Point
of Origin and the 30- NM radius from the Point of Origin at lat.
33[deg]13'10'' N., long. 97[deg]26'58'' W., thence clockwise along
the 30- NM radius to the intersection of the 30- NM radius from the
Point of Origin and the 344[deg] bearing from the Point of Origin at
lat. 33[deg]20'50'' N., long. 97[deg]11'33'' W., thence east to the
intersection of the 012[deg] bearing from the Point of Origin and
the 30- NM radius from the Point of Origin at lat. 33[deg]21'21''
N., long. 96[deg]54'14'' W., thence clockwise along the 30- NM
radius to intersect the 041[deg] bearing from the Point of Origin at
lat. 33[deg]14'36'' N., long. 96[deg]38'13'' W., thence west to the
point of beginning.
    Area M. That airspace extending upward from 5,000 feet MSL up to
and including 11,000 feet MSL within an area bounded by a line
beginning at the intersection of the 311[deg] bearing from the Point
of Origin and the 30- NM radius from the Point of Origin at lat.
33[deg]11'37'' N., long. 97[deg]28'40'' W., thence counterclockwise
along the 30- NM radius to intersect the 293[deg] bearing from the
Point of Origin at lat. 33[deg]03'37'' N., long. 97[deg]34'32'' W.,
thence southeast along the 293[deg] bearing to intersect the 26- NM
radius from the Point of Origin at lat. 32[deg]02'04'' N., long.
97[deg]30'09'' W., thence counterclockwise along the 26- NM radius
to intersect SH-377 at lat. 32[deg]39'49'' N., long. 97[deg]28'58''
W., thence southwest along SH-377 to intersect the 30- NM radius
from the Point of Origin at lat. 32[deg]36'56'' N., long.
97[deg]32'26'' W., thence counterclockwise along the 30- NM radius
to intersect the 217[deg] bearing from the Point of Origin at lat.
32[deg]27'55'' N., long. 97[deg]23'01'' W., thence northeast along
the 217[deg] bearing to intersect the 20- NM radius from the Point
of Origin at lat. 32[deg]35'56'' N., long. 97[deg]15'56'' W., thence
clockwise along the 20- NM radius to intersect I-20 at lat.
32[deg]39'56'' N., long. 97[deg]20'38'' W., thence west along I-20
to intersect I-820 at lat. 32[deg]41'51'' N., long. 97[deg]28'14''
W., thence north along I-820 to intersect the 23- NM radius from the
Point of Origin at lat. 32[deg]46'46'' N., long. 97[deg]28'17'' W.,
thence clockwise along the 23- NM radius to intersect the 311[deg]
bearing from the Point of Origin at lat. 33[deg]07'02'' N., long.
97[deg]22'21'' W., thence northwest along the 311[deg] bearing to
the point of beginning.
    Area N. That airspace extending upward from 6,000 feet MSL to
and including 11,000 feet MSL within an area bounded by a line
beginning at the intersection of the 30- NM radius from the Point of
Origin and the 293[deg] bearing from the Point of Origin at lat.
33[deg]03'37'' N., long. 97[deg]34'32'' W., thence southeast along
the 293[deg] bearing to intersect the 26- NM radius from the Point
of Origin at lat. 33[deg]02'04'' N., long. 97[deg]30'09'' W., thence
counterclockwise along the 26- NM radius to intersect SH-377 at lat.
32[deg]39'49'' N., long. 97[deg]28''58'' W., thence southwest along
SH-377 to intersect the 30- NM radius from the Point of Origin at
lat. 32[deg]36'56'' N., long. 97[deg]32'26'' W., thence clockwise
along the 30- NM radius to the point of beginning.
* * * * *

    Issued in Washington, DC, on January 10, 2014.
Gary A. Norek,
Manager, Airspace Policy and Regulations Group.
BILLING CODE 4910-13-P

[GRAPHIC] [TIFF OMITTED] TR21JA14.001

[FR Doc. 2014-00941 Filed 1-17-14; 8:45 am]
BILLING CODE 4910-13-C


[Federal Register: January 30, 2008 (Volume 73, Number 20)]
[Notices]
[Page 5563-5565]
[DOCID:fr30ja08-79]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-1204; FRL-8348-4]

Notice of Filing of a Pesticide Petition for Residues of
Pesticide Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces the initial filing of a pesticide
petition proposing the establishment or modification of regulations for
residues of pesticide chemicals in or on various commodities.

DATES: Comments must be received on or before February 29, 2008.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2007-1204 and the pesticide petition number (PP
7F7290), by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2007-1204. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket

Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the OPP

Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The hours of operation of this
Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Alan Reynolds, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. What Action is the Agency Taking?

    EPA is printing notice of the filing of a pesticide petition
received under section 408 of the Federal Food, Drug,

and Cosmetic Act (FFDCA), 21 U.S.C. 346a, proposing the establishment
or modification of regulations in 40 CFR part 180 for residues of
pesticide chemicals in or on various food commodities. EPA has
determined that the pesticide petition described in this notice
contains data or information regarding the elements set forth in FFDCA
section 408(d)(2); however, EPA has not fully evaluated the sufficiency
of the submitted data at this time or whether the data supports
granting of the pesticide petition. Additional data may be needed
before EPA rules on this pesticide petition.
    Pursuant to 40 CFR 180.7(f), a summary of the petition included in
this notice, prepared by the petitioner, is included in a docket EPA
has created for this rulemaking. The docket for this petition is
available on-line at http://www.regulations.gov.

New Exemption from Tolerance

    PP 7F7290. Syngenta Seeds, Inc., 3054 East Cornwallis Road, P.O.
Box 12257, Research Triangle Park, NC 27709, proposes to establish an
exemption from the requirement of a tolerance for residues of the
plant-incorporated protectant, Bacillus thuringiensis modified Cry1Ab
protein containing an additional 26 amino acid ``Geiser motif'' in all
crops and agricultural commodities. The petition includes a reference
to a description of the analytical methods available to EPA for the
detection and measurement of the pesticide chemical residues or an
explanation of why no such method is needed.

List of Subjects

    Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.

    Dated: January 17, 2008.
 W. Michael McDavit,
Acting Director, Biopesticides and Pollution Prevention Division,
Office of Pesticide Programs.
[FR Doc. E8-1545 Filed 1-29-08; 8:45 am]

BILLING CODE 6560-50-S