Federal Register: April 11, 2008 (Volume 73, Number 71)
DOCID: fr11ap08-14 FR Doc E8-7663
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
CFR Citation: 14 CFR Part 71
Docket ID: [Docket No. FAA-2008-0204; Airspace Docket No. 08-AWP-5]
NOTICE: PROPOSED RULES
DOCID: fr11ap08-14
ACTION: Class E Airspace; Revocation:
DOCUMENT ACTION: Notice of proposed rulemaking.
SUBJECT CATEGORY:
Revocation of Class E Airspace; Luke AFB, Phoenix, AZ
DATES: Comments must be received on or before May 27, 2008.
DOCUMENT 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.
SUMMARY:
Luke AFB, Phoenix, AZ,
SUPPLEMENTAL 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 energyrelated aspects of the proposal.
Communications should identify both docket numbers (FAA Docket No. FAA20080204 and Airspace Docket No. 08AWP5) 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 selfaddressed, stamped postcard on which the following statement is made: ``Comments to FAA Docket No. FAA20080204 and Airspace Docket No. 08AWP5.'' 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) 2679677, for a copy of Advisory Circular No. 112A, 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)
[[Page 19778]]
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 71DESIGNATION 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, 19591963 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]
* * * * *
Issued in Washington, on March 27, 2008.
Clark Desing,
Manager, System Support Group, Western Service Center.
[FR Doc. E87663 Filed 41008; 8:45 am]
BILLING CODE 491013P
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) 2034537.