[Federal Register Volume 73, Number 71 (Friday, April 11, 2008)]
[Proposed Rules]
[Pages 19777-19778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7663]


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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.

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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)

[[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 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.

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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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