[Federal Register Volume 72, Number 28 (Monday, February 12, 2007)]
[Proposed Rules]
[Pages 6501-6508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-599]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2005-23437; Airspace Docket No. 05-AWA-2]
RIN 2120-AA66


Proposed Modification of the Phoenix Class B Airspace Area; 
Arizona

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify the Phoenix (PHX), AZ, Class B 
airspace area. Specifically, this action proposes to lower the ceiling 
to 9,000 feet mean sea level (MSL) and expand the arrival extension 
boundaries to 30 Nautical Miles (NM) to ensure the containment of the 
PHX Standard

[[Page 6502]]

Terminal Arrival Routes (STAR) at the Phoenix Sky Harbor International 
Airport, 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 P50). The FAA is proposing 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: Comments must be received on or before April 13, 2007.

ADDRESSES: Send comments on this proposal to the Docket Management 
System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh 
Street, SW., Washington, DC 20590-0001. You must identify FAA Docket 
No. FAA-2004-23437 and Airspace Docket No. 05-AWA-2, at the beginning 
of your comments.

FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules, 
Office of System Operations Airspace and AIM, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591; 
telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments as they 
may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No. 
FAA-2005-23437 and Airspace Docket No. 05-AWA-2) and be submitted in 
triplicate to the Docket Management System (see ADDRESSES section for 
address and phone number). You may also submit comments through the 
Internet at http://dms.dot.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments 
on this action must submit with those comments a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to FAA Docket No. FAA-2005-23437 and Airspace Docket No. 05-AWA-2.'' 
The postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date 
for comments will be considered before taking action on the proposed 
rule. The proposal contained in this action may be changed in light of 
comments received. All comments submitted will be available for 
examination in the public docket both before and after the closing date 
for comments. A report summarizing each substantive public contact with 
FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRM's

    An electronic copy of this document may be downloaded through the 
Internet at http://dms.dot.gov. Recently published rulemaking documents 
can also be accessed through the FAA's Web page at http://www.faa.gov, 
or the Federal Register's Web page at http://www.gpoaccess.gov/fr/index.html.
    You may review the public docket containing the proposal, any 
comments received, and any final disposition in person in the Dockets 
Office (see ADDRESSES section for address and phone number) between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. An 
informal docket may also be examined during normal business hours at 
the office of the Regional Air Traffic Division, Federal Aviation 
Administration, 15000 Aviation Boulevard, Lawndale, CA 90261.
    Persons interested in being placed on a mailing list for future 
NPRMs should contact the FAA's Office of Rulemaking, (202) 267-9677, 
for a copy of Advisory Circular No. 11-2A, Notice of Proposed 
Rulemaking Distribution System, which describes the application 
procedure.

Background

    In 1989, the FAA issued a final rule establishing the Phoenix 
Terminal Control Area (TCA). This area was later re-classified as a 
Class B airspace area as a result of the Airspace Reclassification 
Final Rule (56 FR 65638). Since its establishment, the Phoenix Class B 
airspace area has undergone several modifications. The existing Class B 
airspace area was developed in the early 1990s and revised in 1998 (63 
FR 58291). Reviews of the airspace were conducted by representatives of 
P50 and the results presented to the PAUWG at regularly scheduled 
meetings during the last twelve months. These reviews indicated that 
the current Class B airspace contained areas of inefficiencies where 
boundary location/identification can be improved, and identified areas 
in need of modification to ensure the containment of STARs within Class 
B airspace. The proposed Class B airspace modifications will address 
these matters.

Public Input

    As announced in the Federal Register (71 FR 5102), informal 
airspace meetings were held April 25, 2006, at the Glendale Airport 
Terminal Building, Glendale AZ; April 27, 2006, at Williams Gateway 
Airport, Mesa, AZ; and May 2, 2006 at the Deer Valley Airport, Phoenix, 
AZ. These meetings allowed interested airspace users an opportunity to 
present their views and offer suggestions regarding planned 
modifications to the PHX Class B airspace area. All comments received 
during the informal airspace meetings and the subsequent comment period 
were considered in developing this proposal.
    The Airline Pilots Association, International (ALPA) cited the 
continuing problem of Traffic Alert and Collision Avoidance System 
(TCAS) resolution advisories with the current ceiling of 3,000 feet on 
the final approach course. Pointing out their agreement with lowering 
the airspace floor on the final from 3,000 to 2,700 feet, they endorsed 
the proposal.
    The Aircraft Owners and Pilots Association (AOPA), Deer Valley 
Pilots Association (DVPA) and the Arizona Pilots Association (APA) 
provided detailed comments and alternatives to consider. These 
organizations advised their members to comment to the FAA in support of 
their well-advertised counter proposals. Of 82 written comments 
received, 24 specifically indicated their concurrence to similar APA or 
AOPA proposals. An additional 29 comments, in a form letter published 
on the DVPA website, indicated concurrence with the ``ad-hoc 
committee'' alternate proposal. Although the PAUWG ad-hoc committee did 
not author a proposal as referenced, language in the website indicated 
concurrence with the AOPA and APA alternate proposals. The remaining 
commenters responded with similar concerns or concurrence with the FAA 
proposal.
    Two glider operators are affected by the lowering of the ceiling. 
14 CFR 91.215 exempts gliders from the Mode C requirement within the 
Mode C Veil up to 10,000 feet or the ceiling of the Class B Airspace, 
whichever is lower. The 9,000-foot ceiling would thus limit non-Mode C 
equipped gliders to that

[[Page 6503]]

altitude. P50 has agreed to enter into a Letter of Agreement (LOA) with 
these operators, providing relief from the provisions of 14 CFR 
91.215(b) (3) (ii).
    Three comments received were in favor of the 9,000-foot ceiling. 
They cited the increased ability to fly over the airspace at a lower 
altitude. Seven comments were in opposition of the 9,000-foot ceiling 
due to the potential impact to the glider community. Four of these 
stated that the 9,000-foot ceiling would be acceptable if there were a 
LOA waiving the requirements of 14 CFR 91.215(b) (3) (ii).
    The FAA agrees that lowering the ceiling to 9,000 feet will 
accomplish the goal of having arrival traffic enter the top of Class B 
airspace. Additionally, the lower ceiling will enable Visual Flight 
Rules (VFR) traffic to transit the Phoenix area at a lower altitude 
above the Class B airspace without contacting ATC. The impact to the 
glider community will be eliminated with a LOA waiving the requirements 
of 14 CFR 91.215(b) (3) (ii).
    Numerous individual commenters expressed a general criticism of the 
complex design, including those in agreement with alternative proposals 
expressing concerns over being able to navigate around Distance 
Measuring Equipment (DME) arcs. A frequent statement was made that 
``without moving map avionics, I will be unable to identify the 
boundaries''. DVPA objected to the use of DME arcs since the General 
Aviation (GA) pilot primarily uses pilotage for navigation. Use of DME 
would require pilots to spend too much time looking in the cockpit 
rather than for traffic.
    The current method for defining airspace boundaries on the final, 
within 15 NM of PHX, is through north-south road alignments requiring 
local knowledge. Large turbine-powered aircraft are required to operate 
at or above the floors of the Class B airspace while arriving and 
departing the primary airport. Transient pilots, without local area 
knowledge, have no reliable means to determine their position relative 
to the next floor of airspace. The current Class B airspace has 
multiple areas defined along the 15, 20, and 25 DME arcs. The use of 
DME arcs to define the Class B airspace is consistent with other 
airports around the country. FAA Order 7400.2E para 15-2-3 b., 
prescribes the use of Navigational Aid (NAVAIDS) as references where 
available to describe the airspace. The Phoenix area has abundant 
geographical features that assist in basic pilotage around the proposed 
airspace. This is currently the case with the existing 15, 20, and 25 
DME arcs.

Area A

    Several commenters and organizations objected to the ``Bowtie'' 
design of the surface area and suggested that defining the surface area 
was difficult north and south of PHX since it is not associated with 
any Very High Frequency Ommidirectional Range (VOR) radials or ground 
reference points.
    The FAA does not agree. Large turbine-powered aircraft arriving PHX 
are required to be sequenced to a 5 NM final. Jet aircraft departures 
may only diverge upon reaching a point 5 NM east or west of the airport 
due to noise abatement procedures. Large turbine-powered aircraft 
departures may diverge 30 degrees from runway heading on departure. The 
result is large areas north and south of the PHX airport that large 
turbine-powered aircraft never traverse.
    The published East/West Transition route over PHX is a heavily used 
transition through the Class B airspace between 3,500-5,000 feet. The 
current surface area requires TRACON to keep these aircraft on 
frequency until departing the surface area approximately 5 NM from the 
airport. The proximity of the Scottsdale Airport (SDL) and Phoenix Deer 
Valley Airport (DVT) Class D airspace to the current Class B airspace 
offers little time for aircraft to establish contact with these 
facilities prior to entering their airspace. South of PHX, the 
transition is bracketed by 3,000-foot areas. These areas force 
aircraft, using the transition, to descend below the published 
transition altitudes enroute to Stellar Airpark (P19), Chandler 
Municipal Airport (CHD), and Williams Gateway Airport (IWA), or points 
east. The Bowtie configuration and adjacent airspace change proposals 
will allow these aircraft to change frequencies sooner and fly at 
higher altitudes below Class B airspace. Aircraft flying the charted 
transition route will remain well clear of the surface area diagonals.

Area B

    Several commenters suggested retaining the existing road 
definitions contained in the current Class B airspace description for 
the surface area. One commentor suggested that if DME arcs were used, 
they should be made tangential to the inside of the existing 51st and 
99th Avenue alignments.
    This area retains the existing 3,000-foot airspace to the west of 
PHX. A continuation of the southwest diagonal of the surface area A is 
used for the southern boundary. The use of DME arcs to define Class B 
airspace is consistent with FAA policies. The proposed 10 and 15 DME 
arcs will be tangent to the current 51st and 99th Avenue alignments, 
affording a convenient reference for non-participating local pilots to 
navigate.

Area C

    Numerous individual commenters and those in agreement with 
alternative proposals, expressed concern over the 1,470 foot Mesa 
Towers and their affect on the VFR Flyway. 14 CFR 91.119, Minimum Safe 
Altitudes: General, requires 1,000-foot vertical and 2,000-foot 
horizontal separation. Several commenters stated, if a power unit 
fails, the 2,700-foot base of the Class B airspace would not allow them 
to operate at an altitude allowing an emergency landing. AOPA commented 
that if the floor is lowered 300 feet, then the adjacent sector must 
remain as large as possible.
    The FAA does not agree. Moving the VFR flyway east of the PXR 10 
DME will encourage aircraft to operate away from an area of intense 
large turbine-powered aircraft activity. The flyway will pass over FFZ 
airport at a higher recommended altitude allowing more time for a 
contingency involving a power failure. Non-participating aircraft can 
still operate under the 2,700-foot shelf and meet the requirements of 
FAR 91.119 by maintaining 2,000 feet horizontal clearance from the 
obstacle (Mesa Towers). The airspace that is lowered no longer includes 
the areas north of Camelback Road and south of Guadalupe Road. That 
adjoining airspace will be raised 1,000 feet, with one airspace area, 
raised 2,000 feet in the area north of Stellar Airpark. This airspace 
will allow aircraft choosing to circumnavigate the Class B airspace to 
fly at the recommended 3,500 feet along the flyway east of the PXR 10 
DME.

Area D

    AOPA, APA and DVPA endorsed proposals suggesting the 4,000-feet 
area retain its uniformity across the north and south valleys.
    The current surface area and 4,000 foot area north of PHX, would be 
raised to 5,000 feet. This decompresses traffic operating under the 
Class B airspace near the mountains immediately north of PHX. Aircraft 
requesting a transition south over PHX, can contact TRACON at a higher 
altitude approaching the transition in an area of limited radar and 
radio coverage. Aircraft not receiving Class B clearance are expected 
to remain outside of the airspace if clearance is not received. The 
current airspace requires aircraft to remain below 4,000

[[Page 6504]]

feet in areas of terrain as high as 2,700 feet, or north of this area 
at a higher altitude, in the vicinity of the SDL and DVT airports until 
clearance is received. Raising the airspace to 5,000 feet and 
increasing its size to the south achieves the goal of enabling more 
vertical airspace for aircraft to maneuver and to see and avoid 
traffic. The majority of aircraft requesting the transition operate at 
speeds less than 150 knots. Two major freeways identifying the airspace 
boundaries bracket this volume as a ground reference favored by many 
commenters. They are approximately 12.5 NM apart providing ample room 
to maneuver.

Area E

    The current surface area and 4,000 foot area south of PHX would be 
raised to 5,000 feet. This decompresses traffic operating under the 
Class B airspace near South Mountain. This area raises portions of the 
Class B airspace currently at 3,000 feet northwest of the CHD airport. 
At this time, aircraft departing the transition must descend below 
3,000 feet before turning east, then must contact CHD tower for 
transition through the CHD Class D airspace below 3,000 feet. The 
proposed change would offer the option of flying over CHD Class D 
airspace. The higher altitude offers the opportunity to fly higher 
south and west from south valley airports. Additionally, the southern 
boundary is contracted north approximately 3 NM allowing non-
participating aircraft to operate at higher altitudes.

Area F

    One commenter suggested that the existing 6,000 foot shelf be 
extended north over Luke AFB consistent with the lateral limits 
proposed by the FAA. The APA and one commenter provided detailed 
graphics of the potential of raising the Instrument Landing System 
(ILS) glide slope to 3.5 degrees.
    The FAA does not agree. In this area, the airspace is being 
expanded to contain PHX arrival traffic during periods of sustained 
arrival demand and for the development of simultaneous independent ILS 
approach procedures during peak traffic operations. The ability to 
develop these procedures is critical in enabling PHX TRACON to 
efficiently and safely manage the arrival rate demand during reduced 
visibility conditions. ALPA stated they oppose any effort to raise the 
ILS glide slope above the three degree standard as suggested by the 
APA.
    Area G: No comments specific to this area received.

Area H

    One commenter stated the advantage of this small block of airspace 
is offset by the difficulty pilots will have in locating the 
boundaries. Another emphasized this block of airspace needs to be 
simplified. AOPA, APA & DVPA proposals are in favor of a rectangular 
4,000-foot area containing this area.
    The FAA does not agree. The Minimum Vectoring Altitude (MVA) in 
this area is 5,000 feet. Current Class B airspace and alternative 
proposals, contain this area in a 4,000-foot area. TRACON cannot 
operate in this area below the MVA, and though a rectangular area with 
a floor of 4,000 feet as suggested may aid in simplification, it is 
overly restrictive to pilots able to navigate around or below it. 
Aircraft, navigating via the currently published Gila Route without 
Class B clearance, will be able to avoid the airspace below 5,000 feet. 
TRACON requires this area to descend aircraft on a base leg to join the 
ILS at CAGOR intersection (PXR 16 DME) at 5,000 feet.

Area I

    Numerous individual comments and those in agreement with 
alternative proposals expressed concerns over being able to climb above 
higher terrain east of PHX. AOPA commented in reference to FAA Advisory 
Circular AC No: 91-36D, VFR Flight Near Noise Sensitive Areas, 
referencing the Superstition Mountains.
    The FAA does not agree. This airspace is expanded to contain PHX 
arrival traffic during periods of sustained arrival demand, and for the 
development of simultaneous independent ILS approach procedures during 
west traffic. The ability to develop these procedures is critical in 
enabling PHX TRACON to efficiently and safely manage the arrival rate 
demand during reduced visibility conditions. Non-participating aircraft 
have the option of adjusting their flight to avoid precipitous terrain 
or calling TRACON for a Class B clearance in order to climb sooner. AC-
91-36D does not apply where it would conflict with regulations, ATC 
instructions, or where a pilot believes that operating below 2,000 feet 
is necessary for safety of flight.
    Area J: No comments specific to this area received.
    Area K: No comments specific to this area received.

Area L

    The Class B Airspace southern boundary in this area would be 
expanded south to contain ARLIN Arrivals on the IWA R-256 radial at 
6,000 feet. AOPA and APA recommended in the alternative proposals that 
a portion of this area be included in the 4,000-foot area rectangle.
    The 4,000-foot rectangular area, as proposed, would represent a 
barrier to non-participating aircraft attempting to navigate north of 
the Estrella mountains. Terrain penetrates the suggested area with a 
4,512-foot peak and surrounding terrain. This area would be more 
restrictive than the current airspace, thus forcing non-participating 
aircraft closer to the ground. The MVA in this area is 5,500 feet and 
does not require Class B protection at 4,000 feet.

Area M and Q

    One commenter, and the alternative proposals, suggest that the tab 
could be narrower if aircraft were not vectored off the published 
arrival routes until they are within the Mode C Veil.
    The FAA does not agree. Aircraft arriving on the PXR 336R STAR are 
vectored off the arrival for sequencing to the base leg during east 
traffic operations. These aircraft need to be on a base leg at 
sufficient distance to allow a simultaneous downwind flow from the 
northeast arrival STAR. Retaining the aircraft on the arrival until 
closer to the airport would require multiple vectors to position 
aircraft, creating sector complexity and an inefficient operation.

Area N

    The alternative proposals omit this area in favor of retaining the 
existing 6,000-foot area. Only large turbine-powered aircraft, 
departing PHX and forced to level at 7,000 feet to avoid arrival 
traffic at 8,000 feet, use this area. TRACON does need 6,000 feet in 
this area for PHX traffic. The current 6,000-foot area forces non-
participating traffic to remain below 6,000 until 20 NM when climbing 
north out of the valley. This causes conflict with numerous high 
performance aircraft on the SWIRL arrival to the SDL and DVT airports. 
These aircraft are required to level at 6,000 due to MVA restrictions 
until approaching 20NM north of PHX before descending. The added 1,000 
feet of airspace will offer the opportunity for non-participating 
aircraft to climb higher and de-conflict with these aircraft.
    Area O: No comments specific to this area received.
    Area P: No comments specific to this area received.
    Area Q: See ``Area M''.
    Area R: No comments specific to this area received.

[[Page 6505]]

    Area S: No comments specific to this area received.
    Area T: No comments specific to this area received.

Area U

    One GA pilot representative organization suggested that this area 
is unnecessary for airline approaches that strictly remain on the 3 
degree published glide slope.
    The FAA does not agree. The PXR 10 DME arc used to define part of 
the 2,700-foot Area C, overlaps the FFZ Class D airspace. FFZ ATCT has 
operational need to retain this airspace for its traffic within Class D 
below 3400 feet. As part of this proposal, FFZ has agreed to amend its 
Class D boundary to the area east of Gilbert Road. This would allow 
non-participating aircraft operating under the 2,700-foot floor beyond 
the 6 DME surface area, to retain the same lateral space between the 
surface area and Class D airspace that currently exists. In order to 
provide a DME reference to aircraft on final and to protect ILS 
crossing altitudes, the area above FFZ Class D airspace between Gilbert 
Road and the PXR 10 DME, is defined as Class B Floor 3,400 feet. This 
also provides a north-south road reference for locally based pilots to 
avoid Class B and D airspace.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal 
Regulations (14 CFR) part 71 to modify the PHX Class B airspace area. 
Specifically, this action (depicted on the attached chart) proposes to 
expand the eastern boundary to ensure the containment of the PHX STARs 
within Class B airspace and reconfigure several existing areas, 
correcting areas of inefficiencies identified during public meetings 
hosted by Phoenix TRACON. These proposed modifications would 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 proposed 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 proposed changes would facilitate the planned 
development of simultaneous, independent 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 National Airspace System (NAS) 
that in the past has taken the user days to recover. The floor 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 proposed Phoenix 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 
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 proposed 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 
proposed 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 NPRM would modify Phoenix, AZ, Class B airspace at Phoenix Sky 
Harbor International Airport. The proposed rule would lower the 
altitude ceiling of the airspace and expand the arrival extension 
boundaries. The NPRM would generate benefits for system users and the 
FAA in the form of enhanced operational efficiency, simplified 
navigation in the Phoenix terminal area and may reduce circumnavigation 
costs. Since Class B airspace is already in place at Phoenix, and since 
the modifications proposed in this rule are a contraction of the Class 
B airspace, minimal costs, if any, would result. Thus, the FAA has 
determined this proposed rule would be cost-beneficial.

Initial 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-for-profit 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,

[[Page 6506]]

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 proposed rule should not impose any circumnavigation costs on 
individuals operating in the Phoenix area and the proposed rule would 
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 given they currently provide instruction in the 
Phoenix terminal area. Therefore, the FAA certifies that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. The FAA solicits comments from affected 
entities with respect to this finding and determination.

International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Public Law 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 proposed 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 (Public Law 
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 proposed rule does not 
contain such a mandate.

Conclusion

    In view of the de minimus possible cost of compliance, potential 
cost savings of the proposed rule and enhancements to aviation safety 
and operational efficiency, the FAA has determined the proposed rule 
would be cost-beneficial. The FAA solicits comments regarding this 
determination.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

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

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR 
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

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

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


Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9P, Airspace Designations and 
Reporting Points, dated September 1, 2006, and effective September 15, 
2006, is amended as follows:

Paragraph 3000 Subpart B--Class B Airspace

* * * * *

AWP AZ B Phoenix, AZ

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 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[deg]30'07'' N., long. 111[deg]54'32'' W.); 
thence east along Camelback Road to the PXR 6 DME arc (lat. 
33[deg]30'07'' N., long. 111[deg]53'00'' W.); thence south to the 
Power Line/Canal (lat. 33[deg]21'25'' N., long. 111[deg]53'33'' W.); 
thence west to a point at lat. 33[deg]21'25'' N., long. 
111[deg]55'12'' W., thence northwest to the intersection of I-10 and 
SR-143 (lat. 33[deg]24'37'' N., long. 111[deg]58'38'' W.); thence 
west to SR-51/I-10 extension to lat. 33[deg]24'34'' N., long. 
112[deg]02'13'' W., thence southwest to a point at lat. 
33[deg]21'45'' N., long. 112[deg]06'20'' W.; thence west along the 
lat. 33[deg]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[deg]21'45'' N.; thence east along lat. 33[deg]21'45'' N. to lat. 
33[deg]21'45'' N., long. 112[deg]06'20'' W.; thence southwest direct 
to the intersection of the Gila River and the Chandler Blvd 
extension (lat. 33[deg]18'18'' N., long. 112[deg]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[deg]30'07'' N., long. 111[deg]53'00'' W.); 
thence east to the intersection of Gilbert Road and PXR 10 DME arc; 
thence south along Gilbert Road to the intersection of Gilbert Road 
and Falcon Field (FFZ) Class D airspace (lat. 33[deg]24'35'' N., 
long. 111[deg]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[deg]21'25'' N.; thence west along lat. 33[deg]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[deg]30'07'' N., long. 111[deg]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[deg]35'00'' N., long. 
112[deg]07'00'' W.); thence east along lat. 33[deg]35'00'' N. to the 
intersection with Pima Road (lat. 33[deg]35'00'' N., long. 
111[deg]53'28'' W.); thence south along Pima Road to the 
intersection of Camelback Road; thence west along Camelback Road to 
Hayden Wash (lat. 33[deg]30'07'' N., long. 111[deg]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[deg]24'37'' N., long. 
111[deg]58'38'' W.); thence southeast to lat. 33[deg]21'25'' N., 
long. 111[deg]54'55'' W.; thence southeast to the Chandler Airport 
(lat. 33[deg]16'00'' N., long. 111[deg]48'40'' W.); thence west 
along lat. 33[deg]16'00'' N. to the intersection of the Gila

[[Page 6507]]

River; thence north along the river to the intersection of the 
Chandler Boulevard extension (lat. 33[deg]18'18'' N., long. 
112[deg]12'03'' W.); thence northeast direct to lat. 33[deg]21'45'' 
N., long. 112[deg]06'20'' W.; thence northeast direct to lat. 
33[deg]24'34'' N., long. 112[deg]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 PXR 25 DME (lat. 33[deg]35'00'' N., long. 
112[deg]26'07'' W.); thence east along lat. 33[deg]35'00'' N. to the 
intersection of I-17 (lat. 33[deg]35'00'' N., long. 112[deg]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[deg]24'00'' N., long. 112[deg]15'59'' W.; thence west along lat. 
33[deg]24'00'' N. to the intersection of the PXR 25 DME; thence 
north along the PXR 25 DME arc north to the intersection of Peoria 
Avenue/Shea Boulevard (lat. 33[deg]35'00'' N., long. 112[deg]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[deg]35'00'' N., long. 
111[deg]53'28'' W.); thence east along lat. 33[deg]35'00'' N. to the 
PXR 15 DME arc; thence south along the PXR 15 DME arc to lat. 
33[deg]16'00'' N.; thence west along lat. 33[deg]16'00'' N. to 
Chandler Airport (lat. 33[deg]16'00'' N., long. 111[deg]48'40'' W.); 
thence direct northwest to lat. 33[deg]21'25'' N., long. 
111[deg]55'12'' W.; thence east along the Power Line/Canal (lat. 
33[deg]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[deg]35'00'' N., long. 111[deg]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[deg]24'00'' N., long. 112[deg]21'30'' W.); thence east along lat. 
33[deg]24'00'' N. to the intersection of the PXR 15 DME arc; thence 
southeast along the PXR 15 DME arc to lat. 33[deg]20'00'' N.; thence 
west along lat. 33[deg]20'00'' N. to intersect the extension of 
Litchfield Rd (lat. 33[deg]20'00'' N., long. 112[deg]21'30'' W.); 
thence north along the Litchfield Road to lat. 33[deg]24'00'' N., 
long. 112[deg]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[deg]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[deg]35'00'' N., long. 111[deg]30'18'' W.); thence south along the 
PXR 25 DME arc to lat. 33[deg]16'00'' N.; thence west along lat. 
33[deg]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[deg]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[deg]35'00'' N., 
long. 112[deg]15'40'' W. on the Loop 101 Freeway; thence north along 
the freeway to a point at lat. 33[deg]40'00'' N., long. 
112[deg]13'45'' W.; thence north to lat. 33[deg]41'41'' N., long. 
112[deg]13'05'' W. on the PXR 20 DME arc; thence east along the PXR 
20 DME arc to the PXR 354[deg](T)/342[deg](M) radial; thence south 
along the PXR 354[deg](T)/342[deg](M) 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[deg]38'39''' N., long. 111[deg]53'31'' W.); thence 
northeast to lat. 33[deg]43'38'' N., long. 111[deg]46'54'' W. on the 
PXR 20 DME arc; thence southeast along the PXR 20 DME arc to 
intersect lat. 33[deg]35'00'' N.; thence west along lat. 
33[deg]35'00'' N. to lat. 33[deg]35'00'' N. long. 112[deg]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 PXR 17 
DME arc and lat. 33[deg]16'00'' N.; thence east along lat. 
33[deg]16'00'' N. to the PXR 20 DME arc; thence southwest along the 
PXR 20 DME arc to I-10 (lat. 33[deg]07'02'' N., long. 
111[deg]50'26'' W.); thence northwest along I-10 to lat. 
33[deg]09'39'' N., long. 111[deg]52'28'' W. on the PXR 17 DME arc; 
thence clockwise along the PXR 17 DME arc to intersect with lat. 
33[deg]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[deg]24'00'' N.; thence east along lat. 
33[deg]24'00'' N. to Litchfield Road; thence south along Litchfield 
Road to lat. 33[deg]20'00'' N., long. 112[deg]21'30'' W.; thence 
east along lat. 33[deg]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[deg]16'00'' N.; thence 
west along lat. 33[deg]16'00'' N. to the PXR 25 DME arc; thence 
north along the PXR 25 DME to lat. 33[deg]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[deg]48'02'' N., 
long. 112[deg]12'24'' W.; thence east along the PXR 25 DME arc to 
the PXR 354[deg](T)/342[deg](M) radial; thence south along the PXR 
354[deg](T)/342[deg](M) radial to the PXR 20 DME arc; thence west 
along the PXR 20 DME arc to lat. 33[deg]41'41'' N. long. 
112[deg]13'05'' W.; thence north to lat. 33[deg]48'02'' N., long. 
112[deg]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[deg](T)/
342[deg](M) radial and the PXR 20 DME arc; thence east along the PXR 
20 DME arc to lat. 33[deg]43'38'' N., long. 111[deg]46'54'' W.; 
thence southwest to the approach end of Scottsdale Airport Runway 21 
(lat. 33[deg]38'39'' N., long. 111[deg]53'31'' W.); thence northwest 
along the Loop 101 Freeway to the intersection of the PXR 
354[deg](T)/342[deg](M) radial; thence north along the PXR 
354[deg](T)/342[deg](M) 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[deg]47'11'' N., 
long. 111[deg]42'16'' W.; thence southeast along the PXR 25 DME arc 
to intersect the Peoria Avenue/Shea Boulevard extension (lat. 
33[deg]35'00'' N., long. 111[deg]30'18'' W.); thence west along lat. 
33[deg]35'00'' N. to the PXR 20 DME arc; thence northwest along the 
PXR 20 DME arc to lat. 33[deg]43'38'' N., long. 111[deg]46'54'' W., 
thence northeast to lat. 33[deg]47'11'' N., long. 111[deg]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[deg]16'00'' N., long. 111[deg]37'25'' W.; 
thence east along lat. 33[deg]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[deg]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[deg]53'48'' N., 
long. 112[deg]11'50'' W.; thence east along the PXR 30 DME arc to 
the PXR 354[deg](T)/342[deg](M) radial; thence south along the PXR 
354[deg](T)/342[deg](M) radial to the PXR 25 DME arc; thence west 
along the PXR 25 DME arc to lat. 33[deg]48'02'' N., long. 
112[deg]12'24'' W.; thence north to lat. 33[deg]53'48'' N., long. 
112[deg]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[deg]50'38'' N., 
long. 111[deg]37'39'' W. on the PXR 30 DME arc; thence southeast 
along the PXR 30 DME arc to lat. 33[deg]43'44'' N., long. 
111[deg]29'14'' W.; thence south to lat. 33[deg]40'46'' N., long. 
111[deg]34'03'' W. on the PXR 25 DME arc; thence northwest along the 
PXR 25 DME arc to lat. 33[deg]47'11'' N., long. 111[deg]42'16'' W.; 
thence northeast direct to lat. 33[deg]50'38'' N., long. 
111[deg]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 and PXR 127[deg](T)/115[deg](M) radial; thence southeast 
along the PXR 127[deg](T)/115[deg](M) 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[deg](T)/
115[deg](M) radial.
    Area T. That airspace extending upward from 7,000 feet MSL to 
and including 9,000 feet MSL defined by lat. 33[deg]30'34'' N., 
long. 112[deg]27'36'' W.; thence west along lat. 33[deg]30'34'' N. 
to the PXR 30 DME arc; thence south along the PXR 30 DME arc to lat. 
33[deg]16'00'' N.; thence east along lat. 33[deg]16'00'' N. to the 
PXR 25 DME arc; thence north along the PXR 25 DME arc to lat. 
33[deg]30'34'' N., long. 112[deg]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[deg]30'08'' N., long. 
111[deg]47'20'' W.); thence south along the PXR 10 DME arc to 
intersect with the southwest boundary of FFZ Class D airspace (lat. 
33[deg]24'02'' N., long. 111[deg]46'30'' W.); thence northwest along 
FFZ Class D line to Gilbert Road (lat. 33[deg]24'35'' N., long. 
111[deg]47'18'' W.); thence north along Gilbert Road to the 
intersection of Camelback Road and the PXR 10 DME arc (lat. 
33[deg]30'08'' N., long. 111[deg]47'20'' W.).
* * * * *


[[Page 6508]]


    Issued in Washington DC, on February 2, 2007.
Edith V. Parish,
Manager, Airspace and Rules.
[GRAPHIC] [TIFF OMITTED] TP12FE07.004

[FR Doc. 07-599 Filed 2-9-07; 8:45 am]
BILLING CODE 4910-13-P