[Federal Register Volume 63, Number 210 (Friday, October 30, 1998)]
[Rules and Regulations]
[Pages 58291-58298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29148]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Airspace Docket No. 94-AWA-1]
RIN 2120-AA66
Modification of the Phoenix Class B Airspace Area; Arizona
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action modifies the Phoenix, AZ, Class B airspace area.
Specifically, this action reconfigures several area boundaries; creates
two new areas; and raises and/or lowers the floors of several existing
areas. The FAA is taking this action to enhance safety, reduce the
potential for midair collision, and to improve the management of air
traffic operations into, out of, and through the Phoenix Class B
airspace area while accommodating the concerns of airspace users.
EFFECTIVE DATE: 0901 UTC, November 5, 1998.
FOR FURTHER INFORMATION CONTACT: William C. Nelson, Airspace and Rules
Division, ATA-400, Office of Air Traffic Airspace Management, Federal
Aviation Administration, 800 Independence Avenue, SW., Washington, DC
20591, Telephone: (202) 267-8783.
SUPPLEMENTARY INFORMATION:
Related Rulemaking Actions
On May 21, 1970, the FAA published the Designation of Federal
Airways, Controlled Airspace, and Reporting Points Final Rule (35 FR
7782). This rule provided for the establishment of Terminal Control
Airspace areas (now known as Class B airspace areas).
On June 21, 1988, the FAA published the Transponder With Automatic
Altitude Reporting Capability Requirement Final Rule (53 FR 23356).
This rule requires all aircraft to have an altitude encoding
transponder when operating within 30 NM of any designated TCA (now
known as Class B airspace area) primary airport from the surface up to
10,000 feet MSL. This rule excluded those aircraft that were not
originally certificated with an engine-driven electrical system (or
those that have not subsequently been certified with such a system),
balloons, or gliders.
On October 14, 1988, the FAA published the Terminal Control Area
Classification and Terminal Control Area Pilot and Navigation Equipment
Requirements Final Rule (53 FR 40318). This rule, in part, requires the
pilot-in-command of a civil aircraft operating within a Class B
airspace area to hold at least a private pilot certificate, except for
a student pilot who has received certain documented training.
On December 17, 1991, the FAA published the Airspace
Reclassification Final Rule (56 FR 65638). This rule
[[Page 58292]]
discontinued the use of the term ``Terminal Control Area'' and replaced
it with the designation ``Class B airspace area.'' This change in
terminology is reflected in this final rule.
Background
The Terminal Control Airspace area (TCA) program was developed to
reduce the potential for midair collision in the congested airspace
surrounding airports with high density air traffic by providing an area
wherein all aircraft are subject to certain operating rules and
equipment requirements.
The density of traffic and the type of operations being conducted
in the airspace surrounding major terminals increases the probability
of midair collisions. In 1970, an extensive study found that the
majority of midair collisions occurred between a general aviation (GA)
aircraft and an air carrier or military aircraft, or another GA
aircraft. The basic causal factor common to these conflicts was the mix
of aircraft operating under visual flight rules (VFR) and aircraft
operating under instrument flight rules (IFR). Class B airspace areas
provide a method to accommodate the increasing number of IFR and VFR
operations. The regulatory requirements of these airspace areas afford
the greatest protection for the greatest number of people by giving air
traffic control increased capability to provide aircraft separation
service, thereby minimizing the mix of controlled and uncontrolled
aircraft.
The standard configuration of these airspace areas contains three
concentric circles centered on the primary airport extending to 10, 20,
and 30 nautical miles (NM), respectively. The standard vertical limit
of these airspace areas normally should not exceed 10,000 feet MSL,
with the floor established at the surface in the inner area and at
levels appropriate to the containment of operations in the outer areas.
Variations of these criteria may be utilized contingent on the terrain,
adjacent regulatory airspace, and factors unique to the terminal area.
Public Input
On February 4, 1997, the FAA published a notice in the Federal
Register, Airspace Docket 94-AWA-1, proposing to modify the Phoenix
Class B airspace area (62 FR 5188). The notice proposed to reconfigure
several area boundaries; create two new areas; and raise and/or lower
the floors of several existing areas within the Phoenix Class B
airspace area. The comment period for this proposal closed on September
22, 1997.
On April 2, 1997, the FAA reopened the comment period in response
to requests from several user organizations for additional time to
fully analyze the proposal and to formulate and submit comments (62 FR
15635).
On August 22, 1997, the FAA published a supplemental notice of
proposed rulemaking to correct an error in the bearings published in
the original notice (62 FR 44598). Interested persons were invited to
participate by submitting written data, views, or arguments.
The FAA received 61 comments in response to notice 94-AWA-1. All
comments received were considered before making a determination on this
final rule. An analysis of the comments received and the FAA's
responses are summarized below.
Analysis of Comments
Requests for Additional Hearings
Several commenters requested that the FAA hold additional hearings
to advise the public on the specifics of this proposed action. These
commenters stated that, in their opinion, the time lag between the July
17, 1993, public hearing and February 4, 1997, publication of the NPRM
was reason enough for the FAA to hold additional airspace meetings.
The FAA disagrees with these commenters. The FAA held a pre-NPRM
meeting to inform airspace users of the planned modification of the
Phoenix Class B airspace area and to provide local airspace users an
opportunity to present input on the proposed modifications. Since no
changes to the original planned modification had been instituted, it
was determined by the FAA that additional airspace meetings were not
necessary.
Environmental Concerns
One commenter, representing the City of Apache Junction, opposed
the proposal to modify the Phoenix Class B airspace area eastward over
the city. This commenter stated that the proposed modification would
create noise from lower flying aircraft, jeopardize air safety,
adversely effect wilderness areas and the FAA has not provided the city
adequate information pertaining to the proposed changes.
The FAA disagrees with the statement of this commenter. Currently,
the City of Apache Junction, as charted on aeronautical charts, is
located in an area classified as uncontrolled, or ``Class E airspace.''
Class E airspace may be used by GA VFR aircraft as well as commercial
airlines operating IFR. The modification establishes Class B airspace
over the City of Apache Junction with a floor of 8,000 feet MSL. As
commercial IFR traffic is currently, and will continue to be, vectored
over Apache Junction at or above 8,000 feet MSL, the proposed
modification has no potential to affect the environment in the vicinity
of Apache Junction.
Once the airspace is designated as Class B, GA traffic can either
circumnavigate the area or use standard procedures to enter the Class B
airspace area. Class B airspace, formerly known as a Terminal Control
Area, exists to provide a high degree of control over air traffic
associated with high density airports, to reduce the potential for
midair collisions. Accordingly, aircraft equipment is subject to
certain minima, and permission must be obtained to enter Class B
airspace. While operating within Class B airspace, every aircraft is
required to have an operational transponder and the pilot is required
to maintain two-way communication with, and follow the instructions
issued by, air traffic controllers. Controllers are responsible for the
separation of every aircraft in the Class B airspace area, whether the
aircraft is operating IFR or VFR.
Establishing the Phoenix Class B airspace area floor at 8,000 feet
MSL in this area will assure adequate separation and maneuvering
airspace, which enhances aviation safety between IFR and VFR
operations. The FAA believes IFR aircraft operations above 8,000 feet
MSL will not impact any wilderness areas or the well-being of the
residents of Apache Junction. Adequate information has been provided to
evaluate potential safety benefits and potential environmental impact
during the rulemaking process.
Several commenters expressed concern that the proposed
modifications would allow aircraft to fly at lower altitudes over
residential areas, causing an increase in noise levels, and decreasing
property values. Additionally, some commenters expressed concern that
the expansion of the Class B airspace area would have a detrimental
effect upon the future environment of the area, including the
Superstition Mountains. They questioned whether an Environmental Impact
Statement was required as part of this action.
The modifications herein will not change or lower the altitude at
which aircraft operate, nor will they change existing aircraft
departure and arrival routes, flight tracks, and operations. Under the
final rule, except in two subareas H and I, Class B airspace area would
simply be expanded horizontally to provide additional safety through
[[Page 58293]]
adherence to instrument flight rules. The airspace will be expanded
vertically by lowering the floor of IFR operations in subareas H and I
to enhance safety by assuring a minimum 1,000 feet of separation
between approximately 8,000 feet MSL and above, and GA operations. In
the modification to subareas H and I, GA would not be allowed to
operate above 7,000 feet MSL. The operational and noise impact of
eliminating operations by GA aircraft above 7,000 feet MSL in subareas
H and I is expected to be minimal.
As published in the Aeronautical Information Manual (AIM), the FAA
recommends that aircraft maintain a minimum altitude of 2,000 feet
above the surface to minimize adverse impact upon the environment.
Existing operations will continue in accordance with this
recommendation to the extent feasible. Further, aircraft operations in
the Phoenix Class B airspace area in the vicinity of the Superstition
Mountains will be operating at or above 8,000 feet MSL.
As explained in detail in the Environmental Review section and for
the reasons stated above, the FAA has determined that the proposed
final rule qualifies for categorical exclusion from environmental
review under FAA Order 1050.1D, Policies and Procedures for Considering
Environmental Impacts.
Satellite Airport Operations
Some commenters expressed concerns that the proposed modifications
would negatively impact airspace users in the vicinity of Williams
Gateway (IWA) airport and Falcon Field (FFZ) airport. Two commenters,
representing helicopter operations state that the reconfiguration of
airspace east and southeast of FFZ will have an economic impact upon
their business.
The FAA does not agree with these commenters. Currently, aircraft,
including helicopters, operate in the vicinity due east of FFZ, operate
below the 4,000 (Area D) and 8,000 (Area H) foot MSL floors of the
Phoenix Class B airspace area, or navigate southeast and into Class E
airspace.
As modified, those pilots who elect to operate in the vicinity
southeast of FFZ and above IWA may navigate below the floor of the
Areas D at 4,000 feet MSL. However, the eastern boundary of area D Area
D is reconfigured, and therefore provides additional maneuvering
airspace. Though the current Class E airspace is being reclassified as
Class B airspace, the establishment of Areas J and K with floors of
5,000, and 8,000 feet MSL, respectively, allows adequate airspace for
users to operate below the Phoenix Class B airspace area or navigate a
minimal distance to reach and enter Class E airspace. Therefore, the
FAA believes this action would have no impact upon users of the
airspace operating below the floor of the Phoenix Class B airspace area
in the vicinity of southeast of FFZ. In consideration of the overall
safety benefits, provided by ATC system, (e.g. separation from other
aircraft, traffic advisories, etc,) the FAA believes this action to be
in the best interest of the aviation community.
Airspace Reconfiguration
Many commenters were of the opinion that the eastward expansion of
the airspace is unnecessary because the existing design has worked well
for many years. Two commenters compared the Phoenix Class B airspace
area with other Class B airspace areas and concluded that the Phoenix
Class B airspace area should not be expanded.
The FAA does not agree with these comments. The size and design of
each Class B airspace area is unique and dependent upon the amount of
airspace necessary to segregate certain aircraft operations into and
out of busy terminal areas. Aircraft operations have increased
dramatically in the Phoenix Class B airspace area since it was
established in 1990. Under the present configuration, aircraft
operations east of Phoenix, and in the vicinity of IWA may, because of
traffic density, overflow or, when necessary, may be vectored
temporarily out of the Phoenix Class B airspace area. This creates the
potential for conflict between controlled IFR and noncontrolled VFR
aircraft operations. Reclassifying certain Class E airspace to Class B
airspace in the vicinity of IWA provides additional airspace to ensure
the safety of those aircraft. Reconfiguring the current airspace
eliminates potential conflict between VFR and IFR aircraft operations
and allows users reasonable access to navigable airspace.
Many commenters opposed the modification of the Phoenix Class B
airspace area because they believe changes to flight tracks or airways
were to be incorporated in the proposed action.
This rulemaking effort is specifically for the modification of the
Phoenix Class B airspace area. There are no airway or flight pattern
changes associated with this action.
The Primary Airport Surface Area (Area A)
One comment, while supporting the modification, questioned whether
the instrument landing system (ILS) approach procedure from the east
should be revised.
The FAA considered modifying the ILS approach, along with
reconfiguring Area C. However, the FAA determined that a modification
of surface Area A is the preferred option. Presently, aircraft arriving
from the east conducting the Runway 26R ILS approach, exit and reenter
the Class B airspace area, increasing the potential for an incident or
accident between IFR and VFR aircraft operating outside of, but in the
vicinity of, the existing Class B airspace area.
Prior to the establishment of the Runway 26R ILS procedure, Area A
was considered to be sufficient. However, it was discovered that, due
to the angle of the glideslope, aircraft following the approach
procedure while descending, would exit through the 3,000-foot MSL floor
of Area C and reenter through the eastern boundary of the Phoenix Class
B airspace area, Area A. The relocation of the eastern boundary of Area
A, by 1-NM to the east, eliminates this safety concern and alleviates
the necessity to redesign the ILS approach procedure.
Modification of Areas H and I
Several commenters stated that the proposed modification of Area H
north of Phoenix International Airport would have a negative impact on
general aviation and glider operations from the Pleasant Valley
Sailport.
The FAA does not agree with these comments. The FAA believes that
the modification of Area H has no effect upon glider operations out of
the sailport. Those glider operators that require an altitude greater
than 7,000 feet MSL, have the option of remaining outside of, or
obtaining ATC approval to operate in, the Class B airspace area. In
addition, lowering the floor in Areas H and I to 7000 feet MSL is
necessary due to the increase in IFR aircraft operations to and from
Phoenix International Airport. The number of aircraft operations is
expected to continue increasing significantly. Lowering the floor by
1,000 feet MSL increases the efficiency of traffic management because
it allows additional transitional altitudes to be used for separating
arrival and departure traffic and allows other users access to airspace
to maneuvering or navigate below the floor of the Phoenix Class B
airspace area.
Special Use Airspace (SUA)
One commenter expressed opposition to the proposed modification,
recommending that the FAA retain the military airspace over the Rocky
Mountains and move the air highway expansion north.
The FAA interprets the commenters objections and statements
regarding
[[Page 58294]]
``highway'' expansion, to mean airspace reconfiguration. To improve the
efficiency of aircraft operations, the FAA determined that an expansion
of the Class B airspace area to the north was not necessary. The
modifications contained in this rule include only that airspace
necessary to contain the operations of participating aircraft in the
Phoenix area and no modification to the SUA was proposed or planned.
Corrections
Several commenters reported that the NPRM contained several
technical errors published in the NPRM.
The field elevation of Phoenix International Airport noted in the
NPRM was ``132'' feet. The field elevation is corrected in this rule to
read ``1,132'' feet.
The eastern boundary of Area A would be moved ``approximately 2
NM.'' The approximated distance, as verified by NOAA is less than 1 NM.
The distance is corrected in this rule to read ``approximately 1 NM''.
Additionally, the NPRM inadvertently omitted addressing the change
of the navigational aid (NAVAID) from the Phoenix instrument landing
system/distance measuring equipment (ILS/DME) to the Phoenix very high
frequency omnidirectional range tactical air navigation (VORTAC). Use
of the Phoenix VORTAC will shift the arc boundaries and, therefore, the
regulated airspace along the arcs the Phoenix Class B airspace area
westward, but less than 1 NM. The FAA determined that this shift in the
arc boundaries causes little, if any, impact on users of the navigable
airspace in these areas. In addition, use of the Phoenix VORTAC assists
general aviation pilots in identifying certain boundaries of the
Phoenix Class B airspace area.
The Rule
This amendment to 14 CFR part 71 modifies the Phoenix Class B
airspace area as depicted on the attached chart. Specifically, this
action reconfigures Area A by expanding the existing eastern boundary
to the east; reconfigures the existing Area B west of Phoenix
International Airport; reconfigures Area D east of Phoenix
International airport; establishes Areas J and K; and raises or lowers
the floors of several existing or modified areas. The FAA is taking
this action to enhance safety, reduce the potential for midair
collision, and improve the management of air traffic operations into,
out of, and through the Phoenix Class B airspace area while
accommodating the concerns of airspace users.
The modification of the Phoenix Class B airspace area will become
effective on November 5, 1998. In order to avoid pilot confusion and to
make pilots immediately aware of the revised legal description of the
Phoenix Class B airspace area, the FAA finds that good cause exists,
pursuant to 5 U.S.C. (d), for making this amendment effective in less
than 30 days. The November 5, 1998, effective date corresponds with a
scheduled publication date for the appropriate aeronautical charts. The
FAA has disseminated information regarding the revised legal
description of the Phoenix Class B airspace area via public meetings
and publication of the NPRM to ensure that pilots and airspace users
are advised of the modifications. The FAA's Western Pacific Regional
Office distributed Letters to Airmen that advertised the revised
description of the airspace area. The Phoenix VFR Terminal Area Chart
and Phoenix Sectional Aeronautical Chart will be published on November
5, 1998, and will reflect this rulemaking action.
The coordinates for this airspace docket are based on North
American Datum 83. Class B airspace areas are published in Paragraph
3000 of FAA Order 7400.9F dated September 10, 1998, and effective
September 16, 1998, which is incorporated by reference in 14 CFR,
section 71.1. The Class B airspace area listed in this document will be
published subsequently in the Order.
The existing Area A is reconfigured by expanding its eastern
boundary approximately 1 NM east to ensure that aircraft operations
into the primary airport are contained within the Phoenix Class B
airspace area. The existing Area B is modified by establishing a
boundary line running north to south on 99th Avenue to provide GA
operators transiting west of Phoenix greater flexibility, thereby
reducing airspace incursions in this area. In this reconfiguration,
Area B remains at 3,000 feet MSL; however, the western area will be
raised to merge with the existing 4,000 feet MSL of Area D.
The airspace east of Phoenix has been reconfigured to contain high
performance aircraft within the Phoenix Class B airspace area. This
modification expands the Class B airspace area to the east-southeast
approximately 15 NM over the Williams Gateway Airport, formerly known
as Williams Air Force Base. This expansion establishes Areas J and K,
with floors of 5,000 and 8,000 feet MSL, respectively. This
modification is consistent with the FAA's policy of using only the
minimum amount of airspace necessary to contain Class B operations.
This modification also provides sufficient airspace for GA operations
near or below the Class B airspace area east of Phoenix. The existing
floors of Areas H to the north and Area I to the south are lowered by
1,000 feet. Establishing these floors at 7,000 feet MSL provides
additional protected airspace because of the increase in aircraft
arriving and departing the Phoenix Class B airspace area. Modification
of Areas H and I improves airspace management by enabling a more
efficient flow of traffic which enhances safety for IFR and VFR
aircraft operations. The floor, established at 7,000 feet MSL, allows
airspace for other users of the navigable airspace to operate below the
floor of the Class B airspace area, or those pilots who elect to
operate in these areas, may use standard procedures to enter the
Phoenix Class B airspace area.
Areas E, F, G, and H are not changed except as previously mentioned
concerning the NAVAID change from the Phoenix ILS/DME to the Phoenix
VORTAC. This change creates a minor adjustment of the Phoenix Class B
airspace area westward along the associated arc boundaries of less than
1 NM.
Area J, with the floor established at 5,000 feet MSL, is
established between the PXR VORTAC 15-20 DME arcs and abuts Area E to
the north and Area F to the south. Establishment of area J provides
additional protected airspace to support IFR arrivals and departures
out of and into the Phoenix International airport from VFR aircraft
operations to the east of the airport.
Area K to the east is reconfigured and aligned with the adjacent
Area I to the south. This configuration allows for more efficient
transition of aircraft into and out of the Phoenix Class B airspace
area, and provides protected airspace for operations into and out of
the IWA airport. Expanding the southeastern area to encompass this
airspace east of IWA provides Class B airspace area service to high-
performance aircraft transiting to and from the en route structure.
Environmental Review
After careful consideration, the FAA has determined that expansion
of the Phoenix Class B airspace area, pursuant to 14 CFR part 71,
qualifies for categorical exclusion from environmental review under FAA
Order 1050.1D, Policies and Procedures for Considering Environmental
Impacts, Appendix 3, Air Traffic Environmental Responsibilities,
paragraph 4(c). This extension of the Class B airspace area
horizontally and, in subareas H and I, vertically, to provide
additional safety through adherence to instrument flight
[[Page 58295]]
rules, will not change aircraft departure, arrival routes, flight
tracks, or operations in the area. In subareas H and I, although the
floor for IFR operations and the ceiling for VFR traffic would be
lowered from 8,000 to 7,000 feet MSL, IFR arrival and departure routes
and flight patterns will remain the same. The lowered floor will assure
a minimum of 1,000 feet of vertical separation between continued IFR
operations at approximately 8,000 feet MSL, and GA traffic. Based upon
this, and in consideration of other factors, there are no extraordinary
circumstances that warrant preparation of an environmental assessment.
Regulatory Evaluation Summary
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs 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 requires agencies to analyze the
economic effect of regulatory changes on small entities. Third, the
Office of Management and Budget directs agencies to assess the effect
of regulatory changes on international trade. In conducting these
analyses, the FAA has determined that this Final Rule: (1) will
generate benefits that justify its minimal costs and is not ``a
significant regulatory action'' as defined in the Executive Order; (2)
is not significant as defined in the Department of Transportation's
Regulatory Policies and Procedures; (3) will not have a significant
impact on a substantial number of small entities; (4) will not
constitute a barrier to international trade; and (5) will not contain
any Federal intergovernmental or private sector mandate. These
analyses, available in the docket, are summarized below.
Costs
The FAA has determined that modifying the Phoenix Class B airspace
area will enhance aviation safety and operational efficiency. This FAA
determination is based on a change in operations complexity in some of
the existing subareas. The FAA contends the modification of the
airspace area will impose minimal, if any, cost to either the agency or
aircraft operators. In addition, the FAA has determined that the
modified airspace area will impose minimal, if any, cost to operators
that circumnavigate the area.
The final rule will not impose any additional administrative costs
on the FAA for either personnel or equipment. The FAA has determined
that any additional workload created by the final rule will be absorbed
with existing personnel and equipment already in place at Phoenix Sky
Harbor International Airport. The revision of aeronautical charts to
reflect changes in the airspace area are considered a part of the
normal periodic updating of the charts. The FAA currently revises
aeronautical charts every six months to reflect changes in the airspace
environment. The FAA does not expect to incur any additional charting
cost as a result of the modification of the Class B airspace area.
The FAA has determined through statistical analysis that most
aircraft operating in the modified and expanded Class B airspace area
already have two-way radio communications capability and Mode C
transponders. Therefore, the FAA has determined this final rule will
not impose any additional installation cost for purchasing two-way
radios and/or Mode C transponders on a substantial number of operators.
The final rule modifies the current Phoenix Class B airspace area
by establishing new sub-areas, by expanding or contracting the lateral
boundaries, and by raising or lowering the floors of several of the
sub-areas. The final rule will not alter the ceiling of the Class B
airspace area, therefore the airspace ceiling will remain constant at
10,000 feet MSL. The FAA has determined that the modifications to the
airspace area will require non-participating operators to make only
small deviations from their current VFR flight paths north, south and
east of Phoenix Sky Harbor International Airport. In addition, the FAA
has determined the redesigned floors and lateral boundaries will not
reduce aviation safety.
Benefits
The approximate total number of operations at Phoenix Sky Harbor
International Airport was 590,000 in 1996, up from 570,000 in 1995 and
is projected to increase to 660,000 by the year 2000. Also, passenger
enplanements were approximately 14.6 million in 1996, up from 13.5
million in 1995 and are projected to increase to 18.1 million by the
year 2000.
The FAA has determined that this final rule will enhance
operational safety by lowering the potential risk of midair collisions,
given the projected increase of total operations and passenger
enplanements at Phoenix Sky Harbor International Airport. The final
rule will improve aviation safety as well as air traffic flow in the
Phoenix Class B airspace area by simplifying the airspace area
boundaries and reducing the possibility of pilot confusion.
The modification of the Phoenix, AZ Class B airspace area will
enhance aviation safety and improve operational efficiency in those
sub-areas where aircraft are approaching or departing from Phoenix Sky
Harbor International Airport. In view of the minimal, if any, cost of
compliance and the benefits of enhanced aviation safety and improved
operational efficiency, the FAA has determined that this final rule
will be cost-beneficial.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 establishes ``as a principle
of regulatory issuance that agencies shall endeavor, consistent with
the objective of the rule and of applicable statutes, to fit regulatory
and informational requirements to the scale of the business,
organizations, and governmental jurisdictions subject to regulation.''
To achieve that principal, the Act requires agencies to solicit and
consider flexible regulatory proposals and to explain the rational for
their actions. The Act 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 proposed or
final rule will have a significant economic impact on a substantial
number of small entities. If the determination is that it will, the
agency must prepare a regulatory flexibility analysis (RFA) as
described in the Act.
However, if an agency determines that a proposed or final rule is
not expected to have a significant economic impact on a substantial
number of small entities, section 605(b) of the 1980 Act provides that
the head of the agency may so certify and an RFA is not required. The
certification must include a statement providing the factual basis for
this determination, and the reasoning should be clear.
Only those unscheduled aircraft operators without the capability to
operate under IFR conditions will be potentially impacted by this final
rule. The FAA has determined that all unscheduled air taxi operators
are already equipped to operate under IFR conditions. These operators
regularly fly in airports where radar approach control services have
been established such as the Phoenix Class B airspace area. The FAA
anticipates that flight training schools in the Phoenix area will
continue to operate below the floor of the modified Class B airspace
area without any difficulty. Thus, the FAA does not anticipate any
adverse impacts
[[Page 58296]]
to occur as a result of the modified Class B airspace area.
The FAA conducted the required review of this proposal and
determined that it would not have a significant economic impact on a
substantial number of small entities. Accordingly, pursuant to the
Regulatory Flexibility Act, 5 U.S.C. 605(b), the Federal Aviation
Administration certifies that this rule will not have a significant
economic impact on a substantial number of small entities.
International Trade Impact Assessment
This final rule will not have international trade ramifications
because it is a domestic airspace matter. The modification of Class B
airspace area will only affect U.S. terminal airspace operating
procedures at and in the vicinity of Phoenix, AZ. This final rule will
not impose costs on aircraft operators or aircraft manufacturers in the
United States or foreign countries.
Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (the act),
enacted as Pub. L. 104-4 on March 22, 1995, requires each Federal
agency, to the extent permitted by law, to prepare a written assessment
of the effects of any Federal mandate in a proposed or final agency
rule that may result in the expenditure of $100 million or more
adjusted annually for inflation in any one year by State, local, and
tribal governments, in the aggregate, or by the private sector. Section
204(a) of the Act, 2 U.S.C. 1534(a), requires the Federal agency to
develop an effective process to permit timely input by elected officers
(or their designees) of State, local and tribal governments on a
proposed ``significant intergovernmental mandate.'' A ``significant
intergovernmental mandate'' under the Act is any provision in a Federal
agency regulation that would impose an enforceable duty upon state,
local, and tribal governments, in the aggregate, (of $100 million
adjusted annually for inflation) in any one year. Section 203 of the
Act, 2 U.S.C. 1533, which supplements section 204(a), provides that
before establishing any regulatory requirements that might
significantly or uniquely affect small governments, the agency shall
have developed a plan that among other things, provides for notice to
potentially affected small governments, if any, and for a meaningful
and timely opportunity to provide input in the development of
regulatory proposals.
This final rule does not contain any Federal intergovernmental or
private sector mandate. Therefore, the requirements of Title II of the
Unfunded Mandates Reform Act of 1995 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, CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS; AIRWAYS; 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 the Federal
Aviation Administration Order 7400.9F, Airspace Designations and
Reporting Points, dated September 10, 1998, and effective September 16,
1998, is amended as follows:
Paragraph 3000--Subpart B--Class B Airspace
* * * * *
AWP AZ B Phoenix, AZ [Revised]
Phoenix Sky Harbor International Airport (Primary Airport)
(lat. 33 deg.26'10''N., long. 112 deg.00'34''W.)
Phoenix VORTAC
(lat. 33 deg.25'59''N., long. 111 deg.58'13''W.)
Boundaries
Area A. That airspace extending upward from the surface to and
including 10,000 feet MSL beginning at the intersection of 51st
Avenue and Camelback Road (lat. 33 deg.30'34''N., long.
112 deg.10'08''W.), extending east along Camelback Road to the
intersection of Camelback Road and Dobson Road (lat.
33 deg.30'07''N., long. 111 deg.52'26''W.), thence south on Dobson
Road to the intersection of Dobson Road and Guadalupe Road (lat.
33 deg.21'49''N., long. 111 deg.52'35''W.), thence west on Guadalupe
Road to the intersection of Guadalupe Road and Interstate 10 (lat.
33 deg.21'50''N., long. 111 deg.58'08''W.), thence direct to lat.
33 deg.21 '48''N., long. 112 deg.06'30''W., thence west on Guadalupe
Road to the intersection of Guadalupe Road and 51st Avenue (lat.
33 deg.21'46''N., long. 112 deg.10'09''W.), thence north on 51st
Avenue to the point of beginning.
Area B. That airspace extending upward from 3,000 feet MSL to
and including 10,000 feet MSL beginning at the intersection of 99th
Avenue and Camelback Road (lat. 33 deg.30'29''N., long.
112 deg.16'22''W.), thence east on Camelback Road to the
intersection of Camelback Road and 51st Avenue (lat.
33 deg.30'34''N., long. 112 deg.10'08''W.), thence south on 51st
Avenue to the intersection of 51st Avenue and Guadalupe Road (lat.
33 deg.21'46''N., long. 112 deg.10'09''W.), thence direct to lat.
33 deg.21'48''N., long. 112 deg.06'30''W., thence south direct to
lat. 33 deg.18'18''N., long. 112 deg.06'30''W., thence west on
Chandler Boulevard to the intersection of Chandler Boulevard and the
Gila River (lat. 33 deg.18'18''N., long. 112 deg.12'03''W.), thence
northwest along the Gila River to the intersection of the Gila River
and 99th Avenue, (lat. 33 deg.19'55''N., long. 112 deg.16'21''W.),
thence north along the extension of 99th Avenue to the point of
beginning.
Area C. That airspace extending upward from 3,000 feet MSL to
and including 10,000 feet MSL beginning at the intersection of
Guadalupe Road and Interstate 10 (lat. 33 deg.21'50''N., long.
111 deg.58'08''W.), thence south on Interstate 10 to the
intersection of Interstate 10 and Chandler Boulevard (lat.
33 deg.18'19''N., long. 111 deg.58'21''W.), thence east on Chandler
Boulevard to the intersection of Gilbert Road and Chandler Boulevard
(lat. 33 deg.18'19''N., long. 111 deg.47'22''W.), thence north on
Gilbert Road to the intersection of Indian Bend Road (lat.
33 deg.32'20''N., long. 111 deg.47'23''W.), thence west on Indian
Bend Road to the intersection of Indian Bend Road and Pima/Price
Road (lat. 33 deg.32'18''N., long. 111 deg.53'29''W.), thence south
on Pima/Price Road to the intersection of Pima/Price Road and
Camelback Road (lat. 33 deg.30'07''N, long. 111(53'29''W.), thence
east on Camelback Road to Dobson Road (lat. 33 deg.30'07''N, long.
111(52'26''W.), thence south on Dobson Road to the intersection of
Dobson Road and Guadalupe Road (lat. 33 deg.21'49''N., long.
111 deg.52'35''W.), thence west on Guadalupe Road to the point of
beginning.
Area D. That airspace extending upward from 4,000 feet MSL to
and including 10,000 feet MSL beginning at the intersection of
Cactus Road and the 15-mile arc of the Phoenix VORTAC (lat.
33 deg.35'35''N., long. 111 deg.44 deg.29''W.), thence clockwise
along the 15-mile arc of the Phoenix VORTAC to the intersection of
the 15-mile arc of the Phoenix VORTAC and Riggs Road (lat.
33 deg.13'02''N., long. 111 deg.49'07''W.), thence west along Riggs
Road to the intersection of the Gila River and Valley Road (lat.
33 deg.13'10''N., long. 122 deg.09'58''W.), thence northwest along
the Gila River to the intersection of the Gila River and Chandler
Boulevard (lat. 33 deg.18'18''N., long. 112 deg.12'03''W.), thence
east to lat. 33 deg.18'18''N., long. 112 deg.06'30''W., thence north
to lat. 33 deg.21'48''N., long. 112 deg.06'30''W., thence east to
the intersection of Guadalupe Road and Interstate 10 (lat.
33 deg.21'50''N., long. 111 deg.58'08''W.), thence south on
Interstate 10 to the intersection of Interstate 10 and Chandler
Boulevard (lat. 33 deg.18'19''N., long. 111 deg.58'21'16''W.),
thence east along Chandler Boulevard to the intersection of Chandler
Boulevard and Gilbert Road (lat. 33 deg.18'18''N.,
long.111 deg.47'22''W.), thence north along Gilbert Road to the
intersection of Indian Bend Road (lat. 33 deg.32'20''N., long.
111 deg.47'23''W.), thence west along Indian Bend Road to the
intersection of Pima/Price Road (lat. 33 deg.32'18''N., long.
111 deg.53'29''W.), thence south along Pima/Price Road to the
intersection of Pima/Price Road and
[[Page 58297]]
Camelback Road (lat. 33 deg.30'07''N., long. 111 deg.53'29''W.),
thence west along Camelback Road to the intersection of 99th Avenue
(lat. 33 deg.30'29''N., long. 112 deg.16'22''W.), thence south on
99th Avenue to the intersection of 99th Avenue and the Gila River
(lat. 33 deg.19'55''N., long. 112 deg.16'21''W.), thence southeast
along the Gila River to the intersection of the Gila River and
Chandler Boulevard (lat. 33 deg.18'18''N., long. 112 deg.12'03''W.),
thence west along Chandler Boulevard to the intersection of an
extension of Chandler Boulevard and Litchfield Road (lat.
33 deg.18'18''N., long. 112 deg.21'29''W.), thence north along
Litchfield Road to the intersection of Litchfield Road and Camelback
Road (lat. 33 deg.30'29''N., long. 112 deg.21'29''W.), thence east
along Camelback Road to lat. 33 deg.30'30''N., long.
112 deg.19'23''W., thence direct to lat. 33 deg.35'34''N., long.
112 deg.13'55''W., thence direct to lat. 33 deg.36'35''N., long.
112 deg.13'38''W., thence east along Thunderbird Road to the
intersection of Thunderbird Road and Cactus Road to the point of the
beginning.
Area E. That airspace extending upward from 6,000 feet MSL to
and including 10,000 feet MSL beginning at the intersection of the
Phoenix VORTAC 20-mile arc and lat. 33 deg.41'41''N., long.
112 deg.13'05''W., thence clockwise along the 20-mile arc of the
Phoenix VORTAC to intersection of the Phoenix VORTAC 20-mile arc and
Cactus Road (lat. 33 deg.35'35''N., long. 111 deg.37'13''W.), thence
west on Cactus Road, to the intersection of Cactus Road and
Thunderbird Road (lat. 33 deg.36'35''N., long. 112 deg.13'38''W.),
thence direct to the point of beginning.
Area F. That airspace extending upward from 6,000 feet MSL to
and including 10,000 feet MSL beginning at the intersection of Riggs
Road and the 20-mile arc of the Phoenix VORTAC (lat.
33 deg.12'58''N., long. 111 deg.40'04''W.), thence clockwise along
the 20-mile arc of the Phoenix VORTAC to the intersection of the 20-
mile arc of the Phoenix VORTAC and Valley Road (lat.
33 deg.07'58''N., long. 112 deg.08'40''W.), thence north along
Valley Road to the intersection of Valley Road, Riggs Road and the
Gila River (lat. 33 deg.13'10''N., long. 112 deg.09'58''W.), thence
east along Riggs Road to the point of beginning.
Area G. That airspace extending upward from 6,000 feet MSL to
and including 10,000 feet MSL beginning at the intersection of the
25-mile arc of the Phoenix VORTAC and Camelback Road (lat.
33 deg.30'30''N., long. 112 deg.27'37''W.), thence east on Camelback
Road to the intersection of Camelback Road and Litchfield Road (lat.
33 deg.30'29''N., long. 112 deg.21'29''W.), thence south on
Litchfield Road to the intersection of Litchfield Road and Chandler
Boulevard (lat. 33 deg.18'18''N., long. 112 deg.21'29''W.), thence
west along Chandler Boulevard to the intersection of the 25-mile arc
of the Phoenix VORTAC (lat. 33 deg.18'10''N., long.
112 deg.26'34''W.), thence clockwise along the 25-mile arc of the
Phoenix VORTAC to the point of beginning.
Area H. That airspace extending upward from 7,000 feet MSL to
and including 10,000 feet MSL beginning at a point at lat.
33 deg.46'13''N., long. 112 deg.15'51''W., on the 25-mile arc of the
Phoenix VORTAC, thence clockwise along the 25-mile arc of the
Phoenix VORTAC to the intersection of the 25-mile arc of the Phoenix
VORTAC and Interstate 17 (lat. 33 deg.49'30''N., long.
112 deg.08'37''W.), thence south along Interstate 17 to the
intersection of Interstate 17 and the 20-mile arc of the Phoenix
VORTAC (lat. 33 deg.44'31''N., long. 112 deg.07'18''W.), thence
counterclockwise along the 20-mile arc of the Phoenix VORTAC to lat.
33 deg.41'41''N., long. 112 deg.13'05''W., thence direct to the
point of beginning); and that airspace beginning at the intersection
of the 20-mile arc of the Phoenix VORTAC and the Phoenix VORTAC
017 deg. radial (lat. 33 deg.45'08''N., long. 111 deg.51'12''W.),
thence north along the Phoenix VORTAC 017 deg. radial to the
intersection of the Phoenix VORTAC 017 deg. radial and the 25-mile
arc of the Phoenix VORTAC (lat. 33 deg.49'56''N., long.
111 deg.49'26''W.), thence clockwise along the 25-mile arc of the
Phoenix VORTAC to the intersection of the 25-mile arc of the Phoenix
VORTAC and the Phoenix VORTAC 037 deg. radial (lat.
33 deg.45'58''N., long. 111 deg.40'10''W.), thence southwest along
the Phoenix VORTAC 037 deg. radial to the intersection of the
Phoenix VORTAC 037 deg. radial and the 20-mile arc of the Phoenix
VORTAC (lat. 33 deg.41'58''N., long. 111 deg.43'47''W.), thence
counterclockwise along the 20-mile arc of the Phoenix VORTAC to the
point of beginning.
Area I. That airspace extending upward from 7,000 feet MSL to
and including 10,000 feet MSL beginning at the intersection of the
20-mile arc of the Phoenix VORTAC and the Phoenix VORTAC 127 deg.
radial (lat. 33 deg.13'54''N., long. 111 deg.39'10''W.), thence
southeast along the Phoenix VORTAC 127 deg. radial to the
intersection of the Phoenix VORTAC 127 deg. radial and the 25-mile
arc of the Phoenix VORTAC (lat. 33 deg.10'52''N., long.
111 deg.34'25''W.), thence clockwise along the 25-mile arc of the
Phoenix VORTAC to the intersection of the 25-mile arc of the Phoenix
VORTAC and the Phoenix VORTAC 180 deg. radial (lat.
33 deg.00'56''N., long. 111 deg.58'13''W.), thence north along the
Phoenix VORTAC 180 deg. radial to the intersection of the Phoenix
VORTAC 180 deg. radial and the 20-mile arc of the Phoenix VORTAC
(lat. 33 deg.05'57''N., long. 111 deg.58'13''W.), thence
counterclockwise along the 20-mile arc of the Phoenix VORTAC to the
point of beginning.
Area J. That airspace extending upward from 5,000 feet MSL to
and including 10,000 feet MSL beginning at the intersection of the
15-mile arc of the Phoenix VORTAC and lat. 33 deg.35'39''N., long.
111 deg.44'29''W., thence east to the intersection of the Phoenix
VORTAC 20 mile arc (lat. 33 deg.35'35''N., long. 111 deg.37'13''W.),
thence clockwise along the Phoenix 20-mile arc to the intersection
of the Phoenix VORTAC 20-mile arc and Riggs Road (lat.
33 deg.12'58''N., long. 111 deg.40'04''W.), thence west to the
intersection of Riggs Road and the Phoenix VORTAC 15-mile arc (lat.
33 deg.13'02''N., long. 111 deg.49'07''W.), thence counterclockwise
along the Phoenix VORTAC 15-mile arc to the point of the beginning.
Area K. That airspace extending upward from 8,000 feet MSL to
and including 10,000 feet MSL beginning at the intersection of the
20-mile arc of the Phoenix VORTAC and the Phoenix VORTAC 037 deg.
radial (lat. 33 deg.41'58''N., long. 111 deg.43'47''W.), thence
northeast along the Phoenix VORTAC 037 deg. radial to the
intersection of the Phoenix VORTAC 037 deg. radial and the 25-mile
arc of the Phoenix VORTAC (lat. 33 deg.45'58''N., long.
111 deg.40'10''W.), thence clockwise along the 25-mile arc of the
Phoenix VORTAC to the intersection of the 25-mile arc of the Phoenix
VORTAC and the Phoenix VORTAC 127 deg. radial (lat.
33 deg.10'52''N., long. 111 deg.34'25''W.), thence northwest along
the Phoenix VORTAC 127 deg. radial to the intersection of the
Phoenix VORTAC 127 deg. radial and the 20-mile arc of the Phoenix
VORTAC (lat. 33 deg.13'54''N., long. 111 deg.39'10''W.), thence
counterclockwise along the 20-mile arc of the Phoenix VORTAC to the
point of beginning.
* * * * *
Issued in Washington, DC, on October 26, 1998.
Reginald C. Matthews,
Acting Program Director for Air Traffic Airspace Management.
Note: This Appendix will not appear in the Code of Federal
Regulations.
Appendix--Phoenix, AZ, Class B Airspace Area
BILLING CODE 4910-13-P
[[Page 58298]]
[GRAPHIC] [TIFF OMITTED] TR30OC98.024
[FR Doc. 98-29148 Filed 10-29-98; 8:45 am]
BILLING CODE 4910-13-C
