Class E Airspace; Revocation: Luke AFB, Phoenix, AZ

Federal Register: April 11, 2008 (Volume 73, Number 71)

Proposed Rules

Page 19777-19778

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr11ap08-14

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 14 CFR Part 71

Docket No. FAA-2008-0204; Airspace Docket No. 08-AWP-5

Revocation of Class E Airspace; Luke AFB, Phoenix, AZ

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This action proposes to revoke Class E airspace at Luke AFB,

Phoenix, AZ. The United States Air Force (USAF) is closing the airport to Instrument Flight Rules (IFR) operations when the control tower is not open.

DATES: Comments must be received on or before May 27, 2008.

ADDRESSES: Send comments on this proposal to the U.S. Department of

Transportation, Docket Operations, M-30, West Building ground floor,

Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590.

Telephone (202) 366-9826. You must identify FAA Docket No. FAA-2008- 0204; Airspace Docket No. 08-AWP-5, at the beginning of your comments.

You may also submit comments through the Internet at http:// www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation

Administration, Western Service Area Office, System Support Group, 1601

Lind Avenue, SW., Renton, WA 98057; telephone (425) 203-4537.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal.

Communications should identify both docket numbers (FAA Docket No.

FAA-2008-0204 and Airspace Docket No. 08-AWP-5) and be submitted in triplicate to the Docket Management Facility (see ADDRESSES section for address and phone number). You may also submit comments through the

Internet at http://www.regulations.gov.

Commenters wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed, stamped postcard on which the following statement is made: ``Comments to FAA Docket No. FAA-2008-0204 and Airspace Docket No. 08-AWP-5.'' The postcard will be date/time stamped and returned to the commenter.

All communications received on or before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this action may be changed in light of comments received. All comments submitted will be available for examination in the public docket both before and after the closing date for comments. A report summarizing each substantive public contact with

FAA personnel concerned with this rulemaking will be filed in the docket.

Availability of NPRM's

An electronic copy of this document may be downloaded through the

Internet at http://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA's Web page at http:// www.faa.gov or the Federal Register's Web page at http:// www.gpoaccess.gov/fr/index.html.

You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets

Office (see ADDRESSES section for address and phone number) between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during normal business hours at the Northwest Mountain Regional Office of the Federal Aviation

Administration, Air Traffic Organization, Western Service Area, System

Support Group, 1601 Lind Avenue, SW., Renton, WA 98057.

Persons interested in being placed on a mailing list for future

NPRM's should contact the FAA's Office of Rulemaking, (202) 267-9677, for a copy of Advisory Circular No. 11-2A, Notice of Proposed

Rulemaking Distribution System, which describes the application procedure.

History

On January 16, 2008, the FAA received a letter from Luke's Airfield

Operations Flight Commander, Captain Ernesto Verger at Luke Air Force

Base requesting removal of Class E2 airspace, as depicted on the

Phoenix Sectional Chart. The USAF is closing the control tower to IFR operations, when the air traffic control tower is closed, landings and takeoffs are not allowed.

The Proposal

The FAA is proposing an amendment to Title 14 Code of Federal

Regulations (14 CFR) part 71 to revoke Class E2 airspace at Luke Air

Force Base, Phoenix, AZ. The air traffic control tower will be closed to IFR aircraft operations at Luke AFB.

Class E airspace designations are published in paragraph 6005 of

FAA Order 7400.9R signed August 15, 2007, and effective September 15, 2007, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published subsequently in that Order.

The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current.

Therefore, this proposed regulation: (1)

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Is not a ``significant regulatory action'' under Executive Order 12866;

(2) is not a ``significant rule'' under Department of Transportation

(DOT) Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this proposed rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII,

Aviation Programs, describes in more detail the scope of the agency's authority.

This rulemaking is promulgated under the authority described in

Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the

FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it removes Class E2 airspace at Luke Air Force Base, Phoenix, AZ.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

In consideration of the foregoing, the Federal Aviation

Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR

TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24

FR 9565, 3 CFR, 1959-1963 Comp., p.389.

Sec. 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9R, Airspace Designations and Reporting Points, signed August 15, 2007, and effective September 15, 2007, is amended as follows:

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

AWP AZ E2 Phoenix, Luke AFB, AZ [Revoked]

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Issued in Washington, on March 27, 2008.

Clark Desing,

Manager, System Support Group, Western Service Center.

FR Doc. E8-7663 Filed 4-10-08; 8:45 am

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