Modification of the Phoenix Class B Airspace Area; Arizona, 44372-44379 [07-3818]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 72, Number 152 (Wednesday, August 8, 2007)]
[Rules and Regulations]
[Pages 44372-44379]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-3818]



[[Page 44372]]

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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


Modification of the Phoenix Class B Airspace Area; Arizona

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies the Phoenix, AZ, Class B airspace area. 
Specifically, this action 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

[[Page 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[deg] to 3.5[deg].
    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[deg] 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

[[Page 44374]]

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 non-participating aircraft closer to 
the ground. The AOPA proposal is contrary to its concerns with forcing 
non-participating 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[deg]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

[[Page 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-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, 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

0
In consideration of the foregoing, the Federal Aviation Administration 
amends 14 CFR part 71 as follows:

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

0
1. The authority citation for part 71 continues to read as follows:

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


Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9P, Airspace Designations and 
Reporting Points, dated September 1, 2006, and effective

[[Page 44376]]

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[deg]26'03'' N., long. 112[deg]00'42'' 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] 54'55'' 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 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''., 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 
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 the PXR 25 DME arc (lat. 33[deg]35'00'' N., long. 
112[deg]26'7'' 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 arc; 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]54'55'' 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''' 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 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] radial; thence south along the PXR 
354[deg] 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 the 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

[[Page 44377]]

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] radial; thence south along the PXR 354[deg] 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] 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] radial; thence north 
along the PXR 354[deg] 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]37'31'' 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] radial; thence south along the PXR 354[deg] 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 arc and PXR 127[deg] radial; thence southeast along the PXR 
127[deg] 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] 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.).
* * * * *

    Issued in Washington DC, July 30, 2007.
Edith V. Parish,
Manager, Airspace and Rules Group.
BILLING CODE 4910-13-P

[[Page 44378]]

[GRAPHIC] [TIFF OMITTED] TR08AU07.010

[FR Doc. 07-3818 Filed 8-7-07; 8:45 am]
BILLING CODE 4910-13-C