[Federal Register Volume 73, Number 140 (Monday, July 21, 2008)]
[Rules and Regulations]
[Page 42263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16517]


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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: Final rule.

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SUMMARY: This action will 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 Air Traffic Control 
Tower (ATCT) is closed.

DATES: Effective Date: 0901 UTC, September 25, 2008. The Director of 
the Federal Register approves this incorporation by reference action 
under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 
and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation 
Administration, Operations Support Group, Western Service Area, 1601 
Lind Avenue, SW., Renton, WA 98057; telephone (425) 203-4537.

SUPPLEMENTARY INFORMATION:

History

    On April 11, 2008, the FAA published in the Federal Register a 
notice of proposed rulemaking to revoke controlled airspace at Luke 
AFB, Phoenix, AZ (73 FR 19777). This action would remove class E 
airspace and restrict IFR aircraft from landing at Luke AFB when the 
Air Traffic Control tower is closed. Interested parties were invited to 
participate in this rulemaking effort by submitting written comments on 
the proposal to the FAA. No comments were received.
    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 part 71.1. The Class 
E airspace designations listed in this document will be published 
subsequently in that Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 71 by revoking the Class E airspace area at Luke AFB, Phoenix, AZ. 
The USAF is restricting IFR aircraft landing at Luke AFB, Phoenix, AZ, 
when the ATCT is closed.
    The FAA has determined that this regulation only involves an 
established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
Therefore, this regulation: (1) Is not a ``significant regulatory 
action'' under Executive Order 12866; (2) is not a ``significant rule'' 
under 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 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 FAAs authority to issue 
rules regarding aviation safety is found in Title 49 of the U.S. Code. 
Subtitle 1, Section 106 discusses 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 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 revokes 
controlled airspace at Luke AFB, Phoenix, AZ.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
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; AIR 
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR 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 7400.9R, 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 Seattle, Washington, on July 9, 2008.
Kevin Nolan,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. E8-16517 Filed 7-18-08; 8:45 am]
BILLING CODE 4910-13-P