44372 Federal Register / Vol. 72, No. 152 / Wednesday, August 8, 2007 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2005–23437; Airspace 

Docket No. 05–AWA–2] 

RIN 2120–AA66 

Modification of the Phoenix Class B 

Airspace Area; Arizona 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action modifies the 

Phoenix, AZ, Class B airspace area. 

Specifically, this action lowers the 

ceiling to 9,000 feet mean sea level 

(MSL) and expands the arrival extension 

boundaries to 30 nautical miles (NM). 

This will ensure the containment of the 

Standard Terminal Arrival Routes 

(STAR) at the Phoenix Sky Harbor 

International Airport (PHX), and correct 

the inefficiencies of several existing 

areas identified during public meetings, 

and reviews of the airspace by the 

Phoenix Airspace Users Work Group 

(PAUWG) and Phoenix Terminal Radar 

Approach Control (TRACON). The FAA 

is taking this action to improve the flow 

of air traffic, enhance safety, and reduce 

the potential for midair collision in the 

PHX Class B airspace area, while 

accommodating the concerns of airspace 

users. Further, this effort supports the 

FAA’s national airspace redesign goal of 

optimizing terminal and en route 

airspace areas to reduce aircraft delays 

and improve system capacity. 

DATES: Effective Date: 0901 UTC, 

October 25, 2007. 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: Ken 

McElroy, Airspace and Rules Group, 

Office of System Operations Airspace 

and AIM, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 12, 2007, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to 

modify the PHX Class B airspace area 

(72 FR 6501). The FAA proposed this 

action to lower the ceiling, and modify 

several areas to ensure the containment 

of arrivals within the PHX Class B 

airspace. Interested parties were invited 

to participate in this rulemaking effort 

by submitting written comments on the 

proposal. In response to the notice, the 

FAA received 40 written comments of 

which 23 expressed concurrence with 

an alternate proposal provided by the 

Arizona Pilots Association (APA). All 

comments received were considered 

before making a determination on the 

final rule. An analysis of the comments 

received and the FAA’s responses are 

summarized in the ‘‘Discussion of 

Comments’’ section. 

Discussion of Comments 

Five commenters (U.S. Air Force 

Commander, 56th Flight Wing, US 

Airways, a commercial pilot, and two 

local pilots) wrote in support of the 

proposed action. The remaining 

commenters objected to various aspects 

of the proposal, with the most 

opposition directed at the proposal’s 

complex design and lowered airspace 

floors. 

The APA recognized the FAA’s goal 

of creating Class B airspace to enable 

development of simultaneous 

Instrument Landing System (ILS) 

approach procedures at PHX. The APA 

stated that these approaches are used to 

their maximum capacity less than 20 

days a year when actual Instrument 

Meteorological Conditions (IMC) exist. 

During these days, the general aviation 

(GA) Visual Flight Rules (VFR) pilot 

would be grounded. 

The FAA does not agree. 

Simultaneous ILS approaches are not 

dependent only on actual IMC at the 

airport. In addition to IMC weather, 

reductions in visibility due to low level 

convective clouds for several days after 

rain storms, dust storms, haze, 

pollution, sunrise, and sunset are also 

reasons that this procedure would be 

used. Anytime there is a ceiling less 

than 3,000 feet above ground level 

(AGL), the arrival capacity at PHX is 

severely limited due to the pilot’s 

inability to see the airport and other 

landing traffic in time for an optimum 

visual approach operation as exists in 

clear weather. During these conditions, 

GA VFR aircraft would not be grounded 

by weather. 

The APA believes the overall 

increased complexity of the redesigned 

airspace is not warranted and represents 

an increased risk of inadvertent 

controlled airspace intrusion, noting 

that most GA aircraft do not have 

moving map displays and the areas are 

not readily identifiable using pilotage 

for navigation. 

The FAA does not agree. Moving map 

displays are a recent technological 

addition to the cockpit. The uses of 

Distance Measuring Equipment (DME) 

arcs have long been the standard to 

define Class B airspace nationally. In 

the proposed areas that do not use DME 

arcs, ground-based references are used 

to define the airspace in areas not 

critical for reference to pilots of large 

turbine-powered aircraft on final 

approach to PHX. The current Class B 

airspace area uses DME arcs to define 

multiple areas that pilots are required to 

navigate around. 

The APA and Aircraft Owners & 

Pilots Association (AOPA) both 

expressed opposition to the lowering of 

the airspace between 20 and 25 NM east 

of PHX from 8,000 to 5,000 feet. They 

stated this action would result in 

aircraft being forced to operate at low 

altitudes over mountainous terrain and 

violate recommended altitudes over 

designated wilderness areas. 

The FAA does not agree. The 

lowering of the airspace floor in this 

area to 5,000 feet is critical for the 

development of the simultaneous ILS 

approach procedures at PHX, and for 

periods of compacted arrival demand 

when the PHX final is constrained due 

to the current higher Class B airspace 

limitation. Non-participating aircraft 

have the option of adjusting their flight 

to avoid precipitous terrain or 

contacting the TRACON for Class B 

services. Advisory Circular (AC) 91–36D 

recommends flights remain above 2,000 

feet MSL, but the AC provisions do not 

apply when they conflict with 

regulations, ATC instructions, or when 

a pilot believes operating below 2,000 

feet is necessary for the safety of the 

flight. Raising the floor from 5,000 to 

7,000 feet MSL as suggested by AOPA 

and APA in this area will not contain 

simultaneous ILS approach procedures 

in Class B airspace. Aircraft on a 

downwind leg need to be level at 5,000 

feet prior to turning base leg to join the 

runway 26 and 25 ILS final approach 

course no sooner than the ABOSE and 

BUDME intersections (PXR 16.6 DME). 

The base leg required to achieve this 

will be between the 17 and 25 NM DME 

from PXR. 

The APA states that the overall 

lowering of Class B floors would 

ultimately increase the noise footprints 

over residential neighborhoods. 

The FAA does not agree. The airspace 

20 to 25 NM east of PHX in Area I is 

largely over thinly populated areas, 

mountainous terrain, and undeveloped 

areas. Area C is lowered to de-conflict 

non-participating aircraft from an area 

of intense large turbine-powered aircraft 

activity on final to PHX. Aircraft flying 

visually are being encouraged to fly 

further to the east at a higher altitude in 

the new flyway that will be over Falcon 

Field (FFZ) at 3,500 feet MSL, below the 


ebenthall on PRODPC61 with RULES
Federal Register / Vol. 72, No. 152 / Wednesday, August 8, 2007 / Rules and Regulations 44373 

4,000 foot floor of Area G. The lowering 

of airspace west of PHX consists of a 

Class B expansion over and south of 

Luke AFB in Area F. Luke AFB actively 

discourages non-participating aircraft 

from flying in this area without being in 

communication with the Luke Radar 

Approach Control (RAPCON) as part of 

the Luke AFB Mid Air Collision 

Avoidance Program. 

The floors of the Class B airspace 

areas will be raised significantly over 

many densely populated areas. Area E 

raises the floor from 3,000 to 5,000 feet 

MSL over the communities of Tempe, 

Chandler, Guadalupe, and the 

developing areas of Phoenix west of 

South Mountain. It also raises the floor 

1,000 feet over the communities south 

of South Mountain. Area D raises the 

floor 1,000 feet over much of central 

PHX and Scottsdale. Area G raises the 

floor 1,000 feet over the Salt River 

Indian Reservation, Gilbert, and eastern 

Chandler. Area N raises the floor 1,000 

feet over the growing areas of northern 

Phoenix and Scottsdale. The northern 

boundary of area K has been moved 

north of Riggs Road by 3 miles and 

raises the floor 2,000 feet. West of PHX, 

the airspace is raised 1,000 feet in the 

area north of the Estrella Mountains, 

allowing aircraft to transit at a higher 

altitude relative to terrain. 

It is the stated opinion of the APA 

that concerns associated with lowering 

the airspace floors on both the east and 

west sides of the valley are easily 

addressed by increasing the ILS glide 

slopes from the present 3° to 3.5°. 

The FAA does not agree. Glide slope 

angles above 3.1 degrees would result in 

the loss of approach minimums for 

category D & E aircraft. A 3° glide slope 

angle is the standard for safety, and 

increasing the angle of the glide slope is 

outside the scope of this rule. 

The APA proposes incorporating Area 

U into Area G and using Gilbert Road as 

the boundary between Area C and Area 

G. A less desirable proposal is to 

combine Area U with Area C, creating 

an overlap with the Class B and FFZ 

Class D airspace. This alternative allows 

the use of the PXR 10 DME arc, and GA 

aircraft under Area C would be 

constrained by the Gilbert Road 

boundary of the FFZ Class D airspace. 

Both alternative proposals assume a 

3,000 foot MSL floor in Area C. 

Additionally, AOPA stated the proposed 

Area U creates a potential ‘‘trap’’ for 

unsuspecting pilots. They commented 

that the NPRM indicates Area U would 

allow a north-south road reference for 

locally based pilots to avoid the Class B 

and FFZ Class D. They believe it would 

become a potential trap for pilots who 

inadvertently stray more than a half 

mile off course and would be a loss of 

lateral airspace to transition on the 

existing VFR flyway. AOPA 

recommends Area C be modified to 

make the eastern boundary align with 

Gilbert Road. 

The FAA does not agree. The 3,000- 

foot MSL floor of the current Class B 

airspace in this area has been a constant 

source of Traffic Collision Avoidance 

System (TCAS) Resolution Advisory(s) 

(RA) to large turbine-powered aircraft 

operating at the 3,000-foot MSL floor of 

the current area. The conflicting VFR 

traffic frequently is not operating on the 

published flyway or at the 

recommended altitude of 2,500 feet 

MSL. Traffic routinely transits this area 

at altitudes within 100 feet of the 3,000- 

foot MSL floor. Area C is an area of 

intense large turbine-powered air carrier 

traffic descending to 3,000-foot MSL 

while on final approach to PHX. The 

RAs command the pilot to climb to 

avoid unknown traffic at a time when 

the aircraft is at a reduced power setting 

and preparing to land. The recovery 

from the response to these RAs often 

places the aircraft into a position where 

it cannot make a stabilized approach to 

the airport, causing the aircraft to go 

around. Additionally, responding to an 

RA can distract the pilot from 

maintaining separation from known 

preceding or adjacent traffic to other 

runways. The FAA has thoroughly 

researched its options in this matter and 

the solution remains to lower the floor 

of Area C to 2,700 feet MSL and to move 

the published VFR Flyway further east 

beyond the PXR 10 DME arc. 

Incorporating Area U into Area G and 

retaining Gilbert Road as the western 

boundary would not achieve the goal of 

defining the airspace using NAVAIDs 

where available. Pilots unfamiliar with 

the local area, that are required to 

operate at or above the floor of the Class 

B airspace, would not be able to 

determine Gilbert Road. Additionally, 

this would be impractical during 

periods of reduced visibility or when 

obscured by clouds. 

Combining Area U with Area C would 

create an overlap with the FFZ Class D 

airspace along the PXR 10 DME arc. 

When overlapping airspace designations 

apply to the same airspace, the 

operating rules associated with the more 

restrictive airspace designation apply. 

Since Class B airspace overlies the Class 

D airspace, this depiction on the 

Terminal Area Chart could cause 

confusion to operators of high 

performance aircraft operating in the 

pattern at FFZ at the traffic pattern 

altitude of 2,700 feet MSL. Clearance is 

required to operate within Class B 

airspace and specific separation 

standards apply to aircraft operating 

within Class B airspace. Therefore, it 

has been determined that in lieu of this 

suggestion, the area above the FFZ Class 

D airspace within the PXR 10 DME arc 

be defined as a subsection of the Class 

D airspace. This, in addition to using 

Gilbert Road/FFZ Class D airspace as a 

western boundary in conjunction with 

the PXR 10 DME arc, allows the use of 

the PXR 10 DME arc, and GA aircraft 

under Area C would be constrained by 

the Gilbert Road boundary of the FFZ 

Class D airspace, as suggested. 

The Airline Pilots Association, 

International endorsed the proposal 

stating ‘‘The Air Traffic staff in Phoenix 

has done a commendable job in 

developing the proposed realignment of 

the Phoenix Class B airspace.’’ They 

were concerned with lowering the 

ceiling from 10,000 feet MSL to 9,000 

feet MSL and allowing glider operations 

southwest of the airport above the Class 

B airspace by letter of agreement (LOA) 

between the FAA and glider operators. 

AOPA and APA expressed concern on 

the impact of the 9,000-foot vs. 10,000- 

foot MSL ceiling on the local soaring 

community within 30 NM of PHX. They 

both support the lowering of the ceiling 

provided the FAA enters into an LOA 

with the local soaring community 

permitting soaring operations between 

9,000 feet MSL and 10,000 feet MSL 

within the mode-C veil. 

The FAA has agreed to enter into an 

LOA with local glider operators to allow 

gliders to operate between 9,000–10,000 

feet MSL without an operating 

transponder in accordance with FAR 

91–125. This LOA will not allow these 

operations above the Class B airspace 

until leaving 10,000 feet MSL. 

AOPA stated the proposal was too 

complex and does not meet the needs of 

PHX airspace users. They also stated 

that the local user groups were not 

adequately consulted on moving the 

VFR flyway. 

The FAA does not agree. The VFR 

flyway was moved in response to 

comments received at public meetings. 

The PHX TRACON contacted user 

groups and offered public briefings 

concerning moving the VFR flyway east 

of the PXR 10 DME. 

AOPA stated the PHX Class B would 

be the most complex and segmented 

Class B airspace in the United States. 

Also, that the needs of the surrounding 

GA and user community must be taken 

into consideration in the design process. 

The FAA does not agree. A review of 

other Class B airspace nationally reveals 

that if strict adherence to the general 

guidance provided in FAA Order 

7400.2E was applied to the PHX Class 

B airspace area design, the airspace 


ebenthall on PRODPC61 with RULES
44374 Federal Register / Vol. 72, No. 152 / Wednesday, August 8, 2007 / Rules and Regulations 

would be overly restrictive to the GA 

VFR pilot. Consideration was given to 

the significant number of high volume 

GA airports in the valley, the large 

amount of flight training that occurs in 

the valley, the prevailing visibility, the 

abundant geographical landmarks, and 

the requirement to contain air traffic 

arriving and departing PHX in the Class 

B airspace area. To simplify the design 

along a national model would create 

more airspace than is needed for Class 

B operations at PHX. 

AOPA presented an alternate proposal 

for the west side divided into three 

progressively lower floors. Their 

alternative was offered as a simpler, less 

complex configuration that would more 

than make up for the small amount of 

airspace pilots may have gained in the 

FAA’s proposed design. AOPA states 

the same is true with the airspace 

shelves immediately north and south of 

PHX and the floor north of Scottsdale 

(SDL). AOPA’s proposal retains the road 

definitions of 51st and 99th Avenues, 

which is contrary to the FAA’s goal of 

defining the airspace using NAVAIDs 

where available. 

The FAA does not agree. Pilots 

unfamiliar with the local area, operating 

at or above the floor of the Class B 

airspace, or those trying to avoid it, 

would not be able to determine 51st or 

99th Avenue. Additionally, this would 

be impractical during periods of 

reduced visibility or when obscured by 

clouds. A 4,000-foot rectangular area, as 

proposed by AOPA, would represent a 

barrier to non-participating aircraft 

attempting to navigate north of the 

Estrella Mountains. The Minimum 

Vectoring Altitude (MVA) in this area is 

5,000–5,500 feet MSL. The TRACON 

requires aircraft on a base leg to join the 

ILS at CAGOR intersection (PXR 16 

DME) at 5,000 feet MSL. The TRACON 

cannot vector aircraft in this area below 

the MVA. The AOPA proposal would 

make the floor of this area 4,000-feet 

MSL. Though a rectangular area with a 

floor of 4,000 feet MSL, as suggested, 

may aid in simplification, it is overly 

restrictive to pilots who are able to 

navigate around or below it. In the 

FAA’s proposal, pilots, navigating via 

the currently published Gila Route 

without Class B clearance, will be able 

to avoid the airspace below 5,000 feet 

MSL. Terrain penetrates the AOPA 

proposal with a precipitous 4,512-foot 

peak. This area is more restrictive than 

the current airspace, thus forcing nonparticipating aircraft closer to the 

ground. The AOPA proposal is contrary 

to its concerns with forcing nonparticipating pilots to fly at lower 

altitudes elsewhere. 

The area over Goodyear and Luke 

AFB retains Litchfield Road as an 

eastern boundary and raises the floor to 

6,000 feet MSL in the AOPA proposal, 

while retaining a PXR 25 DME arc on 

the western boundary. 

The FAA does not agree. The airspace 

is expanded to contain PHX arrival 

traffic during periods of sustained 

arrival demand, and for the 

development of simultaneous ILS 

approach procedures during east traffic 

operations. The ability to develop these 

procedures is critical in enabling the 

TRACON to efficiently and safely 

manage the arrival rate during reduced 

visibility conditions and compacted 

arrival demand. Keeping the floor at 

6,000 feet MSL in this area would not 

contain simultaneous ILS approach 

procedures. Aircraft on a north 

downwind will need to be level at 4,000 

feet MSL prior to turning base leg to join 

the runway 8 ILS final approach course 

no sooner than ILIKE intersection (PXR 

16 DME). The base leg required to 

achieve this will be near Luke AFB. A 

6,000-foot MSL shelf in this area will 

not contain these aircraft. 

Additionally, the AOPA proposal has 

an extension of the 6,000 foot MSL shelf 

approximately 3 NM north of the Peoria 

Road, at 33°35′00′′ N. latitude, that 

exceeds the FAA proposal’s lateral limit 

and offers no operational advantage. 

The shelves north and south of PHX in 

Area D and E offer significant benefit to 

the north and south of PHX by 

decompressing the vertical space 

available to non-participating aircraft by 

raising the floor of the Class B from the 

surface to 5,000 feet MSL. Aircraft 

departing the East/West transitions will 

be able to contact Scottsdale, Deer 

Valley, and Chandler towers sooner, 

prior to entering their Class D airspaces. 

The floors of PHX Class B in areas east 

and west of South Mountain will be 

raised 2,000 feet. This will facilitate 

navigation around the Class B airspace 

at higher altitudes. 

The Williams Gateway Airport 

Authority (WGAA) expressed concern 

on the affect the proposed Class B 

airspace would have on commercial 

traffic growth at Williams Gateway 

Airport (IWA). WGAA urges the FAA to 

modify Area I to only the area truly 

needed as an arrival corridor for dual 

ILS systems into PHX. They also state 

that ILS approaches are being phased 

out in favor of GPS and RNAV 

approaches and that this should be a 

consideration. 

The FAA acknowledges the growth in 

commercial traffic at IWA. The primary 

concern in this action is providing the 

highest degree of safety while 

preserving the most efficient use of 

available terminal airspace to all users. 

The airspace needed to contain aircraft 

during simultaneous ILS approach 

procedures at PHX requires aircraft on 

a south downwind over IWA to be level 

at 5,000 feet MSL prior to turning base 

leg to join the runway 26 and 25 ILS 

final approach courses no sooner than 

ABOSE and BUDME intersections (PXR 

16.6 DME). The base leg required to 

achieve this will be between the PXR 

17—25 DME arc. A 7,000-foot MSL shelf 

in this area will not contain these 

aircraft. Although GPS and RNAV 

technology is replacing ILS approaches 

at other airports, the ILS system at PHX 

will be in place for the foreseeable 

future. 

The Rule 

The FAA is amending Title 14 Code 

of Federal Regulations (14 CFR) part 71 

to modify the PHX Class B airspace area. 

Specifically, this action depicted in the 

attached chart, expands the eastern 

boundary to ensure the containment of 

the PHX STARs within Class B airspace 

and reconfigures several existing areas, 

correcting inefficiencies identified 

during public meetings hosted by 

Phoenix TRACON. These modifications 

reduce the overall size of the PHX Class 

B airspace area, improve the 

containment of turbo-jet aircraft within 

the airspace, and improve the alignment 

of lateral boundaries with VOR radials 

and visual landmarks for improved VFR 

navigation. 

The following are the revisions for the 

PHX Class B airspace: The floor of the 

airspace east and west of PHX is 

lowered to contain PHX arrival traffic 

during periods of sustained arrival 

demand. Additionally, these changes 

facilitate the planned development of 

simultaneous ILS approach procedures 

by creating necessary Class B airspace to 

contain the new procedures. The ability 

to develop these procedures is critical in 

enabling PHX to sustain an arrival rate 

equivalent to demand during reduced 

visibility conditions. During these 

periods, the airport arrival rate (AAR) is 

reduced by over 30%, from 72 aircraft 

an hour to 48 aircraft an hour. This 

creates a nationwide impact to the NAS 

that in the past has taken the user days 

to recover. The floor of the airspace 

north and south of PHX is raised to 

create greater access for VFR aircraft in 

areas that do not require Class B 

airspace. 

The results of the PHX Class B 

changes are the proper containment of 

large turbine-powered aircraft within 

Class B airspace, more efficient traffic 

management during periods of reduced 

visibility, increased arrival rate demand, 

de-confliction of non-participating 


ebenthall on PRODPC61 with RULES
Federal Register / Vol. 72, No. 152 / Wednesday, August 8, 2007 / Rules and Regulations 44375 

aircraft operating in close proximity to 

ILS crossing altitudes east of the airport, 

and better alignment of lateral 

boundaries with prominent and 

abundant visual landmarks for 

improved VFR navigation. 

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 (Pub. L. 96–354) requires 

agencies to analyze the economic 

impact of regulatory changes on small 

entities. Third, the Trade Agreements 

Act (Pub. L. 96–39) prohibits agencies 

from setting standards that create 

unnecessary obstacles to the foreign 

commerce of the United States. In 

developing U.S. standards, this Trade 

Act requires agencies to consider 

international standards and, where 

appropriate, that they be the basis of 

U.S. standards. Fourth, the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4) requires agencies to prepare a 

written assessment of the costs, benefits, 

and other effects of proposed or final 

rules that include a Federal mandate 

likely to result in the expenditure by 

State, local, or tribal governments, in the 

aggregate, or by the private sector, of 

$100 million or more annually (adjusted 

for inflation with base year of 1995). 

This portion of the preamble 

summarizes the FAA’s analysis of the 

economic impacts of this rule. We 

suggest readers seeking greater detail 

read the full regulatory evaluation, a 

copy of which we have placed in the 

docket for this rulemaking. 

In conducting these analyses, the FAA 

has determined that this rule: (1) Has 

benefits that justify its costs, (2) is not 

an economically ‘‘significant regulatory 

action’’ as defined in section 3(f) of 

Executive Order 12866, (3) is not 

‘‘significant’’ as defined in DOT’s 

Regulatory Policies and Procedures; (4) 

would not have a significant economic 

impact on a substantial number of small 

entities; (5) would not create 

unnecessary obstacles to the foreign 

commerce of the United States; and (6) 

would not impose an unfunded 

mandate on state, local, or tribal 

governments, or on the private sector by 

exceeding the threshold identified 

above. These analyses are summarized 

below. 

This final rule will modify the PHX, 

AZ, Class B airspace area by lowering 

the altitude ceiling of the airspace and 

expanding the arrival extension 

boundaries. 

The final rule will enhance 

operational efficiency, simplified 

navigation in the Phoenix terminal area 

and reduce circumnavigation costs. 

Since Class B airspace is already in 

place at Phoenix, and since the 

modifications in this rule are a 

contraction of the Class B airspace, 

minimal costs will result. Thus, the 

FAA has determined this final rule will 

be cost-beneficial. 

Final Regulatory Flexibility 

Determination 

The Regulatory Flexibility Act of 1980 

(Pub. L. 96–354) (RFA) establishes ‘‘as a 

principle of regulatory issuance that 

agencies shall endeavor, consistent with 

the objectives of the rule and of 

applicable statutes, to fit regulatory and 

informational requirements to the scale 

of the businesses, organizations, and 

governmental jurisdictions subject to 

regulation. To achieve this principle, 

agencies are required to solicit and 

consider flexible regulatory proposals 

and to explain the rationale for their 

actions to assure that such proposals are 

given serious consideration.’’ The RFA 

covers a wide-range of small entities, 

including small businesses, not-forprofit organizations, and small 

governmental jurisdictions. 

Agencies must perform a review to 

determine whether a rule will have a 

significant economic impact on a 

substantial number of small entities. If 

the agency determines that it will, the 

agency must prepare a regulatory 

flexibility analysis as described in the 

RFA. 

However, if an agency determines that 

a rule is not expected to have a 

significant economic impact on a 

substantial number of small entities, 

section 605(b) of the RFA provides that 

the head of the agency may so certify 

and a regulatory flexibility analysis is 

not required. The certification must 

include a statement providing the 

factual basis for this determination, and 

the reasoning should be clear. 

This final rule will not impose any 

circumnavigation costs on individuals 

operating in the Phoenix area and the 

final rule will not impose any costs on 

small business entities. Operators of GA 

aircraft are considered individuals, not 

small business entities, and are not 

included when performing a regulatory 

flexibility analysis. Flight schools are 

considered small business entities. 

However, the FAA assumes that they 

provide instruction in aircraft equipped 

to navigate in Class B airspace if they 

currently provide instruction in the 

Phoenix terminal area. Therefore, as the 

FAA Administrator, I certify that this 

final rule will not have a significant 

economic impact on a substantial 

number of small entities. 

International Trade Impact Assessment 

The Trade Agreements Act of 1979 

(Pub. L. 96–39) prohibits Federal 

agencies from establishing any 

standards or engaging in related 

activities that create unnecessary 

obstacles to the foreign commerce of the 

United States. Legitimate domestic 

objectives, such as safety, are not 

considered unnecessary obstacles. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. The FAA has assessed 

the potential effect of this final rule and 

has determined that it would have only 

a domestic impact and therefore no 

affect on international trade. 

Unfunded Mandates Assessment 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 

requires each Federal agency to prepare 

a written statement assessing the effects 

of any Federal mandate in a proposed or 

final agency rule that may result in an 

expenditure of $100 million or more 

(adjusted annually for inflation with the 

base year 1995) in any one year by State, 

local, and tribal governments, in the 

aggregate, or by the private sector; such 

a mandate is deemed to be a ‘‘significant 

regulatory action.’’ The FAA currently 

uses an inflation-adjusted value of 

$128.1 million in lieu of $100 million. 

This final rule does not contain such a 

mandate. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Amendment 

■ 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 

■ 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. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of the Federal Aviation 

Administration Order 7400.9P, Airspace 

Designations and Reporting Points, 

dated September 1, 2006, and effective 


ebenthall on PRODPC61 with RULES
44376 Federal Register / Vol. 72, No. 152 / Wednesday, August 8, 2007 / Rules and Regulations 

September 15, 2006, 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°26′03′′ N., long. 112°00′42′′ W.) 

Phoenix VORTAC 

(Lat. 33°25′59′′ N., long. 111°58′13′′ W.) 

Boundaries 

Area A. That airspace extending upward 

from the surface to and including 9,000 feet 

MSL defined by an east/west line along the 

northern boundary defined by Camelback 

Road and the PXR 10 DME, thence east to the 

intersection of Camelback Road and I–17; 

thence a line direct to the I–10/Squaw Peak 

Stack following the Loop 202 Freeway from 

the I–10/Squaw Peak Stack to the Red 

Mountain Hohokam Stack; thence northeast 

to the intersection of Camelback Road and 

Hayden Wash (Lat. 33° 30′ 07′′ N., long. 111° 

54′ 32′′ W.); thence east along Camelback 

Road to the PXR 6 DME arc (Lat. 33°30′07′′ 

N., long. 111°53′00′′ W.); thence south to the 

Power Line/Canal (Lat. 33° 21′ 25′′ N., long. 

111° 53′ 33′′ W.); thence west to a point at 

Lat. 33° 21′ 25′′N., long.111° 54′55′′ W., 

thence northwest to the intersection of I–10 

and SR–143 (lat. 33° 24′ 37′′ N., long.111° 58′ 

38′′ W.); thence west to SR–51/I–10 extension 

to lat. 33° 24′ 34′′ N., long.112° 02′ 13′′ W., 

thence southwest to a point at lat. 33° 21′ 45′′ 

N., long. 112° 06′ 20′′ W.; thence west along 

the lat. 33° 21′ 45′′ N.; thence north along the 

PXR 10 DME arc until intersecting 

Camelback Road. 

Area B. That airspace extending upward 

from 3,000 feet MSL to and including 9,000 

feet MSL defined by an east/west line along 

the northern boundary defined by the 

intersection of Camelback Road and the PXR 

15 DME arc; thence east along Camelback 

Road to the intersection of Camelback Road 

and the PXR 10 DME arc; thence south along 

the PXR 10 DME arc until the intersection 

with lat. 33°21′45′′ N.; thence east along lat. 

33°21′45′′ N. to lat. 33°21′ 45′′ N., long. 

112°06′20′′ W.; thence southwest direct to the 

intersection of the Gila River and the 

Chandler Blvd extension (lat. 33°18′18′′ N, 

long. 112°12′03′′ W.); thence northwest along 

the Gila River to the intersection of the river 

and the PXR 15 DME arc; thence northwest 

along the PXR 15 DME arc to the intersection 

of Camelback Road. 

Area C. That airspace extending upward 

from 2,700 feet MSL to and including 9,000 

feet MSL defined by an east/west line along 

the northern boundary defined by the 

intersection of Camelback Road and PXR 6 

DME arc (lat. 33°30′07′′ N., long. 111°53′00′′ 

W.); thence east to the intersection of Gilbert 

Road and PXR 10 DME arc; thence south 

along Gilbert Road to the to the intersection 

of Gilbert Road and Falcon Field (FFZ) Class 

D airspace (lat. 33°24′35′′ N., long. 111°47′18′′ 

W.); thence southeast along the FFZ Class D 

airspace boundary to the intersection with 

the PXR 10 DME arc; thence southwest along 

the PXR 10 DME arc to the intersection with 

lat. 33°21′25′′ N.; thence west along lat. 

33°21′25′′ N. to the intersection of the PXR 

6 DME arc; thence north along the PXR 6 

DME arc to the intersection of Camelback 

Road with (lat.33°30′07′′ N., long. 111°53′00 

W.). 

Area D. That airspace extending upward 

from 5,000 feet MSL to and including 9,000 

feet MSL defined by an east/west line along 

the northern boundary using the Peoria 

Avenue/Shea Boulevard alignment from the 

intersection of I–17 (lat. 33°35′00′′ N., long. 

112°07′00′′ W.); thence east along lat. 

33°35′00′′ N. to the intersection with Pima 

Road (lat. 33°35′00′′., long. 111°53′28 W.); 

thence south along Pima Road to the 

intersection of Camelback Road; thence west 

along Camelback Road to Hayden Wash (lat. 

33°30′07′′ N., long. 111°54′32′′ W.); thence 

southwest on a line direct to the Red 

Mountain Hohokam Stack; thence west along 

the Loop 202 Freeway to the I–10/Squaw 

Peak Stack; thence northwest to the 

intersection of Camelback Road and I–17; 

thence north along I–17 to the intersection of 

I–17 and Peoria Avenue/Shea Boulevard. 

Area E. That airspace extending upward 

from 5,000 feet MSL to and including 9,000 

feet MSL defined by an eastern boundary 

starting at the intersection of I–10/SR–143 

(lat. 33°24′37′′ N., long.111°58′38′′ W.); 

thence southeast to lat. 33°21′25′′ N., long. 

111°54′55′′ W.; thence southeast to the 

Chandler Airport (lat. 33°16′00′′ N., long. 

111°48′40′′ W.); thence west along lat. 

33°16′00′′ N. to the intersection of the Gila 

River; thence north along the river to the 

intersection of the Chandler Boulevard 

extension (lat. 33°18′18′′ N., long. 112°12′03.′′ 

W.); thence northeast direct to lat. 33°21′45′′ 

N., long. 112°06′20′′ W.; thence northeast 

direct to lat. 33°24′34′′ N., long. 112°02′13′′ 

W.; thence east to the intersection of I–10/ 

SR–143. 

Area F. That airspace extending upward 

from 4,000 feet MSL to and including 9,000 

feet MSL defined by an east/west line along 

the northern boundary at the intersection of 

Peoria Avenue/Shea Boulevard and the PXR 

25 DME arc (lat. 33°35′00′′ N., long. 112°26′7′′ 

W.); thence east along lat. 33°35′00′′ N. to the 

intersection of I–17 (lat. 33°35′00′′ N., long. 

112°07′00′′ W.); thence south along I–17 to 

the intersection of Camelback Road; thence 

west along Camelback Road to the 

intersection of the PXR 15 DME arc; thence 

south along the PXR 15 DME arc to lat. 

33°24′00′′ N., long. 112°15′59′′ W.; thence 

west along lat. 33°24′00′′ N. to the 

intersection of the PXR 25 DME arc; thence 

north along the PXR 25 DME arc north to the 

intersection of Peoria Avenue/Shea 

Boulevard (lat. 33°35′00′′ N., long. 112°26′07′′ 

W.). 

Area G. That airspace extending upward 

from 4,000 feet MSL to and including 9,000 

feet MSL defined by an east/west line along 

the northern boundary defined by Peoria 

Avenue/Shea Boulevard and the intersection 

of Pima Road (lat. 33°35′00′′ N., long. 

111°53′28′′ W.); thence east along lat. 

33°35′00′′ N. to the PXR 15 DME arc; thence 

south along the PXR 15 DME arc to lat. 

33°16′00′′ N.; thence west along lat. 33°16′00′′ 

N. to Chandler Airport (lat. 33°16′00′′ N., 

long. 111°48′40′′ W.); thence direct northwest 

to lat. 33°21′25′′ N., long. 111°54′55′′ W.; 

thence east along the Power Line/Canal (lat. 

33°21′25′′ N.) to the PXR 10 DME arc; thence 

north along the PXR 10 DME arc to the 

intersection of Camelback Road; thence west 

along Camelback Road to the intersection of 

Pima Road; thence north along Pima Road to 

the intersection of Peoria Avenue/Shea 

Boulevard (lat. 33°35′00′′ N., long. 111°53′28′′ 

W.). 

Area H. That airspace extending upward 

from 5,000 feet MSL to and including 9,000 

feet MSL defined by an east/west line from 

the intersection of Litchfield Road and 

Southern Avenue (lat. 33°24′′′ N., long. 

112°21′30′′ W.); thence east along lat. 

33°24′00′′ N. to the intersection of the PXR 

15 DME arc; thence southeast along the PXR 

15 DME arc to lat. 33°20′00′′ N.; thence west 

along lat. 33°20′00′′ N. to intersect the 

extension of Litchfield Rd (lat. 33°20′00′′ N., 

long. 112°21′30′′ W.); thence north along 

Litchfield Road to lat. 33°24′00′′ N., long. 

112°21′30′′ W. 

Area I. That airspace extending upward 

from 5,000 feet MSL to and including 9,000 

feet MSL defined by an east/west line along 

lat. 33°35′00′′ N. from the intersection of 

Peoria Avenue/Shea Boulevard and the PXR 

15 DME arc east to the PXR 25 DME arc (lat. 

33°35′00′′ N., long. 111°30′18′′ W.); thence 

south along the PXR 25 DME arc to lat. 

33°16′00′′ N.; thence west along lat. 33°16′00′′ 

N. to the PXR 15 DME arc; thence north along 

the PXR 15 DME arc to the intersection of 

Peoria Avenue/Shea Boulevard (lat. 

33°35′00′′ N.). 

Area J. That airspace extending upward 

from 6,000 feet MSL to and including 9,000 

feet MSL defined by lat. 33°35′00′′ N., long. 

112°15′40′′ W. on the Loop 101 Freeway; 

thence north along the freeway to a point at 

lat. 33°40′00′′ N., long. 112°13′45′′ W.; thence 

north to lat. 33°41′41′′ N., long. 112°13′05′′ W. 

on the PXR 20 DME arc; thence east along the 

PXR 20 DME arc to the PXR 354° radial; 

thence south along the PXR 354° radial to the 

intersection of the Loop 101 Freeway; thence 

east along the freeway to a point on Loop 101 

Freeway at the approach end of Scottsdale 

Airport Runway 21 (lat. 33°38′39′′ N., long. 

111°53′31′′ W.); thence northeast to lat. 

33°43′38′′ N., long. 111°46′54′′ W. on the PXR 

20 DME arc; thence southeast along the PXR 

20 DME arc to intersect lat. 33°35′00′′ N.; 

thence west along lat. 33°35′00′′ N. to lat. 

33°35′00′′ N. long. 112°15′40′′ W. 

Area K. That airspace extending upward 

from 6,000 feet MSL to and including 9,000 

feet MSL defined by the intersection of the 

PXR 17 DME arc and lat. 33°16′00′′ N.; thence 

east along lat. 33°16′00′′ N. to the PXR 20 

DME arc; thence southwest along the PXR 20 

DME arc to I–10 (lat. 33°07′02′′ N., long. 

111°50′26′′ W.); thence northwest along I–10 

to lat. 33°09′39′′ N., long. 111°52′28′′ W. on 

the PXR 17 DME arc; thence clockwise along 

the PXR 17 DME arc to intersect with lat. 

33°16′00′′ N. 

Area L. That airspace extending upward 

from 6,000 feet MSL to and including 9,000 

feet MSL defined by the intersection of the 

PXR 25 DME arc and lat. 33°24′00′′ N.; thence 

east along lat. 33°24′00′′ N. to Litchfield 

Road; thence south along Litchfield Road to 

lat. 33°20′00′′ N., long. 112°21′30′′ W.; thence 


ebenthall on PRODPC61 with RULES
Federal Register / Vol. 72, No. 152 / Wednesday, August 8, 2007 / Rules and Regulations 44377 

east along lat. 33°20′00′′ N. to the PXR 15 

DME arc; thence southeast along the PXR 15 

DME arc to the Gila River; thence southeast 

along the Gila River to lat. 33°16′00′′ N.; 

thence west along lat. 33°16′00′′ N. to the 

PXR 25 DME arc; thence north along the PXR 

25 DME to lat. 33°24′00′′ N. 

Area M. That airspace extending upward 

from 7,000 feet MSL to and including 9,000 

feet MSL defined by lat. 33°48′02′′ N., long. 

112°12′24′′ W.; thence east along the PXR 25 

DME arc to the PXR 354° radial; thence south 

along the PXR 354° radial to the PXR 20 DME 

arc; thence west along the PXR 20 DME arc 

to lat. 33°41′41′′ N, long. 112°13′05′′ W.; 

thence north to lat. 33°48′02′′ N., long. 

112°12′24′′ W. 

Area N. That airspace extending upward 

from 7,000 feet MSL to and including 9,000 

feet MSL defined from the PXR 354° radial 

and the PXR 20 DME arc; thence east along 

the PXR 20 DME arc to lat. 33°43′38′′ N., 

long. 111°46′54′′ W.; thence southwest to the 

approach end of Scottsdale Airport Runway 

21 (lat. 33°38′39′′ N., long. 111°53′31′′ W.); 

thence northwest along the Loop 101 

Freeway to the intersection of the PXR 354° 

radial; thence north along the PXR 354° 

radial to the PXR 20 DME arc. 

Area O. That airspace extending upward 

from 7,000 feet MSL to and including 9,000 

feet MSL defined from lat. 33°47′11′′ N., long. 

111°42′16′′ W.; thence southeast along the 

PXR 25 DME arc to intersect the Peoria 

Avenue/Shea Boulevard extension (lat. 

33°35′00′′ N., long. 111°30′18′′ W.); thence 

west along lat. 33°35′00′′ N. to the PXR 20 

DME arc; thence northwest along the PXR 20 

DME arc to lat. 33°43′38′′ N., long. 111°46′54′′ 

W., thence northeast to lat. 33°47′11′′ N., 

long. 111°42′16′′ W. 

Area P. That airspace extending upward 

from 7,000 feet MSL to and including 9,000 

feet MSL defined by the intersection of the 

PXR 20 DME arc and lat. 33°16′00′′ N., long. 

111°37′31′′ W.; thence east along lat. 

33°16′00′′ N. to intersect with the PXR 25 

DME arc; thence southwest along the PXR 25 

DME arc to intersect with I–10; thence 

northwest along I–10 to intersect with the 

PXR 20 DME arc; thence northeast along the 

PXR 20 DME arc to the intersection of lat. 

33°16′00′′ N. 

Area Q. That airspace extending upward 

from 8,000 feet MSL to and including 9,000 

feet MSL defined by lat. 33°53′48′′ N., long. 

112°11′50′′ W.; thence east along the PXR 30 

DME arc to the PXR 354° radial; thence south 

along the PXR 354° radial to the PXR 25 DME 

arc; thence west along the PXR 25 DME arc 

to lat. 33°48′02′′ N., long. 112°12′24′′ W.; 

thence north to lat. 33°53′48′′ N., long. 

112°11′50′′ W. 

Area R. That airspace extending upward 

from 8,000 feet MSL to and including 9,000 

feet MSL defined by lat. 33°50′38′′ N., long. 

111°37′39′′ W. on the PXR 30 DME arc; 

thence southeast along the PXR 30 DME arc 

to lat. 33°43′44′′ N., long. 111°29′14′′ W.; 

thence south to lat. 33°40′46′′ N., long. 

111°34′03′′ W. on the PXR 25 DME arc; 

thence northwest along the PXR 25 DME arc 

to lat. 33°47′11′′ N., long. 111°42′16′′ W.; 

thence northeast direct to lat. 33°50′38′′ N., 

long. 111°37′39′′ W. 

Area S. That airspace extending upward 

from 8,000 feet MSL to and including 9,000 

feet MSL defined by the intersection of the 

PXR 25 DME arc and PXR 127° radial; thence 

southeast along the PXR 127° radial to the 

PXR 30 DME arc; thence southwest along the 

PXR 30 DME arc to intersect with I–10; 

thence northwest along I–10 to the PXR 25 

DME arc; thence northeast along the PXR 25 

DME arc to intersect with the PXR 127° 

radial. 

Area T. That airspace extending upward 

from 7,000 feet MSL to and including 9,000 

feet MSL defined by lat. 33°30′34′′ N., long. 

112°27′36′′ W.; thence west along lat. 

33°30′34′′ N. to the PXR 30 DME arc; thence 

south along the PXR 30 DME arc to lat. 

33°16′00′′ N.; thence east along lat. 33°16′00′′ 

N. to the PXR 25 DME arc; thence north along 

the PXR 25 DME arc to lat. 33°30′34′′ N., 

long. 112°27′36′′ W. 

Area U. That airspace extending upward 

from 3,400 feet MSL to and including 9,000 

feet MSL defined from the intersection of the 

PXR 10 DME arc and Camelback Road (lat. 

33°30′08′′ N., long. 111°47′20′′ W.); thence 

south along the PXR 10 DME arc to intersect 

with the southwest boundary of FFZ Class D 

airspace (lat. 33°24′02′′ N., long. 111°46′30′′ 

W.); thence northwest along FFZ Class D line 

to Gilbert Road (lat. 33°24′35′′ N., long. 

111°47′18′′ W.); thence north along Gilbert 

Road to the intersection of Camelback Road 

and the PXR 10 DME arc (lat. 33°30′ 08′′ N., 

long. 111°47′ 20′′ W.). 

* * * * * 

Issued in Washington DC, July 30, 2007. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

BILLING CODE 4910–13–P 


ebenthall on PRODPC61 with RULES
44378 Federal Register / Vol. 72, No. 152 / Wednesday, August 8, 2007 / Rules and Regulations 

[FR Doc. 07–3818 Filed 8–7–07; 8:45 am] 

BILLING CODE 4910–13–C 


ebenthall on PRODPC61 with RULESER08AU07.010</GPH>
Federal Register / Vol. 72, No. 152 / Wednesday, August 8, 2007 / Rules and Regulations 44379 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 30562 Amdt. No. 3229] 

Standard Instrument Approach 

Procedures, Weather Takeoff 

Minimums; Miscellaneous 

Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This amendment establishes, 

amends, suspends, or revokes Standard 

Instrument Approach Procedures 

(SIAPs) and/or Weather Takeoff 

Minimums for operations at certain 

airports. These regulatory actions are 

needed because of the adoption of new 

or revised criteria, or because of changes 

occurring in the National Airspace 

System, such as the commissioning of 

new navigational facilities, addition of 

new obstacles, or changes in air traffic 

requirements. These changes are 

designed to provide safe and efficient 

use of the navigable airspace and to 

promote safe flight operations under 

instrument flight rules at the affected 

airports. 

DATES: This rule is effective August 8, 

2007. The compliance date for each 

SIAP and/or Weather Takeoff 

Minimums is specified in the 

amendatory provisions. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of August 8, 

2007. 

ADDRESSES: Availability of matters 

incorporated by reference in the 

amendment is as follows: 

For Examination—

1. FAA Rules Docket, FAA 

Headquarters Building, 800 

Independence Avenue, SW., 

Washington, DC 20591; 

2. The FAA Regional Office of the 

region in which the affected airport is 

located; 

3. The National Flight Procedures 

Office, 6500 South MacArthur Blvd., 

Oklahoma City, OK 73169 or, 

4. The National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

For Purchase—Individual SIAP and 

Weather Takeoff Minimums copies may 

be obtained from: 

1. FAA Public Inquiry Center (APA–

200), FAA Headquarters Building, 800 

Independence Avenue, SW., 

Washington, DC 20591; or 

2. The FAA Regional Office of the 

region in which the affected airport is 

located. 

By Subscription—Copies of all SIAPs 

and Weather Takeoff Minimums mailed 

once every 2 weeks, are for sale by the 

Superintendent of Documents, U.S. 

Government Printing Office, 

Washington, DC 20402. 

FOR FURTHER INFORMATION CONTACT: 

Donald P. Pate, Flight Procedure 

Standards Branch (AFS–420), Flight 

Technologies and Programs Division, 

Flight Standards Service, Federal 

Aviation Administration, Mike 

Monroney Aeronautical Center, 6500 

South MacArthur Blvd., Oklahoma City, 

OK. 73169 (Mail Address: P.O. Box 

25082 Oklahoma City, OK. 73125) 

telephone: (405) 954–4164. 

SUPPLEMENTARY INFORMATION: This 

amendment to Title 14 of the Code of 

Federal Regulations, Part 97 (14 CFR 

part 97), establishes, amends, suspends, 

or revokes SIAPs and/or Weather 

Takeoff Minimums. The complete 

regulatory description of each SIAP 

and/or Weather Takeoff Minimums is 

contained in official FAA form 

documents which are incorporated by 

reference in this amendment under 5 

U.S.C. 552(a), 1 CFR part 51, and 14 

CFR part 97.20. The applicable FAA 

Forms are identified as FAA Forms 

8260–3, 8260–4, 8260–5 and 8260–15A. 

Materials incorporated by reference are 

available for examination or purchase as 

stated above. 

The large number of SIAPs and/or 

Weather Takeoff Minimums, their 

complex nature, and the need for a 

special format make their verbatim 

publication in the Federal Register 

expensive and impractical. Further, 

airmen do not use the regulatory text of 

the SIAPs and/or Weather Takeoff 

Minimums but refer to their depiction 

on charts printed by publishers of 

aeronautical materials. Thus, the 

advantages of incorporation by reference 

are realized and publication of the 

complete description of each SIAP and/ 

or Weather Takeoff Minimums 

contained in FAA form documents is 

unnecessary. The provisions of this 

amendment state the affected CFR 

sections, with the types and effective 

dates of the SIAPs and/or Weather 

Takeoff Minimums. This amendment 

also identifies the airport, its location, 

the procedure identification and the 

amendment number. 

The Rule 

This amendment to 14 CFR part 97 is 

effective upon publication of each 

separate SIAP and/or Weather Takeoff 

Minimums as contained in the 

transmittal. Some SIAP and/or Weather 

Takeoff Minimums amendments may 

have been previously issued by the FAA 

in a Flight Data Center (FDC) Notice to 

Airmen (NOTAM) as an emergency 

action of immediate flight safety relating 

directly to published aeronautical 

charts. The circumstances which 

created the need for some SIAP, and/or 

Weather Takeoff Minimums 

amendments may require making them 

effective in less than 30 days. For the 

remaining SIAPs and/or Weather 

Takeoff Minimums, an effective date at 

least 30 days after publication is 

provided. 

Further, the SIAPs and/or Weather 

Takeoff Minimums contained in this 

amendment are based on the criteria 

contained in the U.S. Standard for 

Terminal Instrument Procedures 

(TERPS). In developing these SIAPs 

and/or Weather Takeoff Minimums, the 

TERPS criteria were applied to the 

conditions existing or anticipated at the 

affected airports. Because of the close 

and immediate relationship between 

these SIAPs and/or Weather Takeoff 

Minimums and safety in air commerce, 

I find that notice and public procedure 

before adopting these SIAPs and/or 

Weather Takeoff Minimums are 

impracticable and contrary to the public 

interest and, where applicable, that 

good cause exists for making some 

SIAPs and/or Weather Takeoff 

Minimums effective in less than 30 

days. 

Conclusion 

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. It, therefore—(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. For the same 

reason, the FAA certifies that this 

amendment will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 


ebenthall on PRODPC61 with RULES