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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 71
          - [Airspace Docket No. 01-AWP-10]

# AGENCY:

Federal Aviation Administration (FAA) DOT.

# ACTION:

Notice of proposed rulemaking.

# SUMMARY:

This action to modify the ceiling of the Class D Surface Area at Phoenix-Deer Valley Municipal Airport in Phoenix, Arizona. A review of airspace classification and air traffic procedures has made this action necessary. The proposed action would lower the ceiling of the Phoenix-Deer Valley Municipal Airport Class D Surface Area so that it would extend upward from the surface to, but not including, 4,000 feet above Mean Sea Level (MSL).

# DATES:

Comments must be received on or before July 20, 2001.

# ADDRESSES:

Send comments on the proposal in triplicate to: Federal Aviation Administration, Attn: Manager, Airspace Branch, AWP-520, Docket No. 01-AWP-10, Air Traffic Division, P.O. Box 92007, Los Angeles, California 90009. The official docket may be examined in the Office of the Regional Counsel, Western-Pacific Region, Federal Aviation Administration, Room 6007, 15000 Aviation Boulevard, Lawndale, California 90261. An informal docket may also be examined during normal business hours at the Office of the Manager, Airspace Branch, Air Traffic Division at the above address.

# FOR FURTHER INFORMATION CONTACT:

Jeri Carson, Airspace Specialist, Airspace Branch, AWP-520.11, Air Traffic Division, Western Pacific Region, Federal Aviation Administration, 15000 Aviation Boulevard, Lawndale, California 90261, telephone number (310) 725-6611.

# SUPPLEMENTARY INFORMATION:

 

## Comments Invited

Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify the airspace docket number and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this action must submit with the comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Airspace Docket No. 01-AWP-10.” The postcard will be date/time stamped and returned to the commenter. All communications received on or before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this action may be changed in light of comments received. All comments submitted will be available for examination in the Airspace Branch, Air Traffic Division, at 15000 Aviation Boulevard, Lawndale, California 90261, both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket.

## Availability of NPRM

Any person may obtain a copy of this Notice of Proposed Rulemaking (NPRM) by submitting a request to the Federal Aviation Administration, Airspace Branch, 15000 Aviation Boulevard, Lawndale, California 90261. Communications must identify the docket number of this NPRM. Persons interested in being placed on a mailing list for future NPRM's should also request a copy of Advisory Circular No. 11-2A, which describes the application procedures.

## The Proposal

The FAA is considering an amendment to 14 CFR part 71 that would modify the Phoenix-Deer Valley Municipal Airport Class D Surface Area at Phoenix, AZ. A review of airspace classification and air traffic procedures has made this action necessary. This action proposes to lower the ceiling of the Class D Surface Area so that it would extend from the surface up to, but not including, 4,000 feet MSL. This action would enhance safety of air traffic operations by allowing the airspace to be charted in a manner more consistent with the nature of the operations conducted at Phoenix-Deer Valley Municipal Airport. Class D airspace areas are published in Paragraph 5000 of FAA Order 7400.9H, Airspace Designations and Reporting Points, dated September 1, 2000, and effective September 16, 2000, through September 15, 2001, which is incorporated by reference in 14 CFR 71.1. The Class D airspace designation listed in this document would be published subsequently in this Order.

The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this proposed regulation—(1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a Regulatory Evaluation, as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this proposed rule would not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

      ( print page 30120)    

# List of Subjects in 14 CFR Part 71

      - Airspace
      - Incorporation by reference
      - Navigation (air)

## The Proposed Amendment

In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows:

# PART 71—DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D AND CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS

1. The authority citation for 14 CFR part 71 continues to read as follows:

Authority:49 U.S.C. 106(g), 40103, 40113, 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

§ 71.1

2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Administration Order 7400.9H, Airspace Designations and Reporting Points, dated September 1, 2000, and effective September 16, 2000, is amended as follows:

### Paragraph 5000 Class D Airspace

* * * * *

## AWP AZ D Phoenix, Deer Valley Municipal Airport, AZ [REVISED]

Phoenix, Deer Valley Municipal Airport, AZ

(Lat. 33°41′18″N, long. 112°04′57″W)

That airspace extending upward from the surface to, but not including, 4,000 feet MSL within a 4.4-mile radius of Phoenix-Deer Valley Municipal Airport. This Class D airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory.

Issued in Los Angeles, California, on May 21, 2001.

John Clancy,

Manager, Air Traffic Division, Western-Pacific Region.

[FR Doc. 01-14105  Filed 6-4-01; 8:45 am]

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