Revocation of Class E Airspace; Luke AFB, Phoenix, AZ, 19777-19778 [E8-7663]

Download as PDF Federal Register / Vol. 73, No. 71 / Friday, April 11, 2008 / Proposed Rules (1) Alternative Methods of Compliance (AMOCs): The Manager, Standards Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Sarjapur Nagarajan, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329–4145; fax: (816) 329–4090. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to ensure the product is airworthy before it is returned to service. (3) Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120–0056. Related Information (h) Refer to MCAI European Aviation Safety Agency (EASA) AD No. 2008–0015, dated January 18, 2008; and Gomolzig Flugzeug-und Maschinenbau GmbH General Avia F22 Modification 15328 Repair Instructions, dated September 10, 2007, for related information. Issued in Kansas City, Missouri, on April 3, 2008. David R. Showers, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E8–7657 Filed 4–10–08; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2008–0204; Airspace Docket No. 08–AWP–5] Revocation of Class E Airspace; Luke AFB, Phoenix, AZ Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking. ebenthall on PRODPC61 with PROPOSALS AGENCY: SUMMARY: This action proposes to revoke Class E airspace at Luke AFB, Phoenix, AZ. The United States Air Force (USAF) is closing the airport to Instrument Flight Rules (IFR) operations when the control tower is not open. DATES: Comments must be received on or before May 27, 2008. VerDate Aug<31>2005 15:24 Apr 10, 2008 Jkt 214001 Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, M– 30, West Building ground floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. Telephone (202) 366–9826. You must identify FAA Docket No. FAA–2008–0204; Airspace Docket No. 08–AWP–5, at the beginning of your comments. You may also submit comments through the Internet at https://www.regulations.gov. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation Administration, Western Service Area Office, System Support Group, 1601 Lind Avenue, SW., Renton, WA 98057; telephone (425) 203–4537. 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– 2008–0204 and Airspace Docket No. 08– AWP–5) and be submitted in triplicate to the Docket Management Facility (see ADDRESSES section for address and phone number). You may also submit comments through the Internet at https://www.regulations.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–2008–0204 and Airspace Docket No. 08–AWP–5.’’ 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. PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 19777 Availability of NPRM’s An electronic copy of this document may be downloaded through the Internet at https://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA’s Web page at https:// www.faa.gov or the Federal Register’s Web page at https://www.gpoaccess.gov/ fr/. 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 Northwest Mountain Regional Office of the Federal Aviation Administration, Air Traffic Organization, Western Service Area, System Support Group, 1601 Lind Avenue, SW., Renton, WA 98057. Persons interested in being placed on a mailing list for future NPRM’s 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. History On January 16, 2008, the FAA received a letter from Luke’s Airfield Operations Flight Commander, Captain Ernesto Verger at Luke Air Force Base requesting removal of Class E2 airspace, as depicted on the Phoenix Sectional Chart. The USAF is closing the control tower to IFR operations, when the air traffic control tower is closed, landings and takeoffs are not allowed. The Proposal The FAA is proposing an amendment to Title 14 Code of Federal Regulations (14 CFR) part 71 to revoke Class E2 airspace at Luke Air Force Base, Phoenix, AZ. The air traffic control tower will be closed to IFR aircraft operations at Luke AFB. Class E airspace designations are published in paragraph 6005 of FAA Order 7400.9R signed August 15, 2007, and effective September 15, 2007, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published subsequently in that Order. The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this proposed regulation: (1) E:\FR\FM\11APP1.SGM 11APP1 19778 Federal Register / Vol. 73, No. 71 / Friday, April 11, 2008 / Proposed Rules Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under Department of Transportation (DOT) Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this proposed rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it removes Class E2 airspace at Luke Air Force Base, Phoenix, AZ. 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. ebenthall on PRODPC61 with PROPOSALS § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9R, Airspace Designations and Reporting Points, signed August 15, 2007, and effective September 15, 2007, is amended as follows: Paragraph 6002 Class E Airspace Designated as Surface Areas. * * * VerDate Aug<31>2005 * * 15:24 Apr 10, 2008 Jkt 214001 AWP AZ E2 [Revoked] * * Phoenix, Luke AFB, AZ * * * Issued in Washington, on March 27, 2008. Clark Desing, Manager, System Support Group, Western Service Center. [FR Doc. E8–7663 Filed 4–10–08; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF STATE 22 CFR Part 121 [Public Notice 6187] RIN 1400–AC47 Amendment to the International Traffic in Arms Regulations: The United States Munitions List Department of State. Proposed Rule. AGENCY: ACTION: SUMMARY: The Department of State is proposing to amend the text of the International Traffic in Arms Regulations (ITAR), Part 121, to add language clarifying how the criteria of Section 17(c) of the Export Administration Act of 1979 (‘‘EAA’’) are implemented in accordance with the Department of State’s obligations under the Arms Export Control Act (‘‘AECA’’), and restating the Department’s longstanding policy and practice of implementing the criteria of this provision. Effective Date: The Department of State will accept comments on this proposed rule until May 12, 2008. ADDRESSES: Interested parties may submit comments within 30 days of the date of publication by any of the following methods: • E-mail: DDTCResponseTeam@state.gov with an appropriate subject line. • Mail: Department of State, Directorate of Defense Trade Controls, Office of Defense Trade Controls Policy, ATTN: Regulatory Change, ITAR Section 121, SA–1, 12th Floor, Washington, DC 20522–0112. Persons with access to the Internet may also view this notice by going to the regulations.gov Web site at https:// regulations.gov/index.cfm. FOR FURTHER INFORMATION CONTACT: Director Ann Ganzer, Office Defense Trade Controls Policy, Department of State, Telephone (202) 663–2792 or Fax (202) 261–8199; E-mail DDTCResponseTeam@state.gov. ATTN: Regulatory Change, ITAR Part 121. SUPPLEMENTARY INFORMATION: There have been an increasing number of DATES: PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 Commodity Jurisdiction (CJ) requests for certain basic parts and components having a long history of use on both civil and military aircraft. The intent of this notice is to make it clear that these parts and components are not subject to the jurisdiction of the Department of State and to restate the Department’s longstanding practice of using the CJ process to determine the applicability of the criteria of Section 17(c) of the EAA (‘‘Section 17(c)’’) in cases where there is uncertainty. Specifically, Section 17(c) states that any product (1) which is standard equipment, certified by the Federal Aviation Administration (‘‘FAA’’), in civil aircraft and is an integral part of such aircraft, and (2) which is to be exported to a country other than a controlled country, shall be subject to export controls exclusively under the EAA. Although the EAA expired on August 20, 2001, the President, through Executive Order 13222 of August 17, 2001, as extended by the notice of August 15, 2007, directed that the provisions of the EAA be carried out to the extent permitted by law. Since its passage, the Department has implemented Section 17(c) through various regulatory amendments and notices consistent with the aims of the EAA and the AECA. While Section 17(c) criteria apply to certain parts and components for civil aircraft, there have been recurring questions regarding its scope and meaning, and the Department’s interpretation of its provisions. For example, while the language of Section 17(c) referred specifically to certain products that are standard equipment in civil aircraft, some exporters have mistakenly believed this provision applied to complete aircraft. Exporters have also suggested that FAA ‘‘certification’’ should by itself be sufficient to determine whether an article is subject to the controls of the USML. While FAA certification is one of the factors in the Section 17(c) criteria, FAA certifications serve a different purpose (safety of flight), and the FAA may issue a civil certification for military aircraft and their parts and components (e.g., the C–130J). Shortly after the enactment of Section 17(c), the Department requested, through a proposed rule in the Federal Register on December 19, 1980, the opinions of the public as well as other agencies regarding the implementation of Section 17(c). The Department received many comments from the public, the Department of Commerce, and several other agencies. The Department noted that certain inertial navigation systems destined for specific E:\FR\FM\11APP1.SGM 11APP1

Agencies

[Federal Register Volume 73, Number 71 (Friday, April 11, 2008)]
[Proposed Rules]
[Pages 19777-19778]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-7663]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0204; Airspace Docket No. 08-AWP-5]


Revocation of Class E Airspace; Luke AFB, Phoenix, AZ

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: This action proposes to revoke Class E airspace at Luke AFB, 
Phoenix, AZ. The United States Air Force (USAF) is closing the airport 
to Instrument Flight Rules (IFR) operations when the control tower is 
not open.

DATES: Comments must be received on or before May 27, 2008.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building ground floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. 
Telephone (202) 366-9826. You must identify FAA Docket No. FAA-2008-
0204; Airspace Docket No. 08-AWP-5, at the beginning of your comments. 
You may also submit comments through the Internet at https://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation 
Administration, Western Service Area Office, System Support Group, 1601 
Lind Avenue, SW., Renton, WA 98057; telephone (425) 203-4537.

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-2008-0204 and Airspace Docket No. 08-AWP-5) and be submitted in 
triplicate to the Docket Management Facility (see ADDRESSES section for 
address and phone number). You may also submit comments through the 
Internet at https://www.regulations.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-2008-0204 and Airspace Docket No. 08-AWP-5.'' 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 https://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's Web page at https://
www.faa.gov or the Federal Register's Web page at https://
www.gpoaccess.gov/fr/.
    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 Northwest Mountain Regional Office of the Federal Aviation 
Administration, Air Traffic Organization, Western Service Area, System 
Support Group, 1601 Lind Avenue, SW., Renton, WA 98057.
    Persons interested in being placed on a mailing list for future 
NPRM's 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.

History

    On January 16, 2008, the FAA received a letter from Luke's Airfield 
Operations Flight Commander, Captain Ernesto Verger at Luke Air Force 
Base requesting removal of Class E2 airspace, as depicted on the 
Phoenix Sectional Chart. The USAF is closing the control tower to IFR 
operations, when the air traffic control tower is closed, landings and 
takeoffs are not allowed.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal 
Regulations (14 CFR) part 71 to revoke Class E2 airspace at Luke Air 
Force Base, Phoenix, AZ. The air traffic control tower will be closed 
to IFR aircraft operations at Luke AFB.
    Class E airspace designations are published in paragraph 6005 of 
FAA Order 7400.9R signed August 15, 2007, and effective September 15, 
2007, which is incorporated by reference in 14 CFR 71.1. The Class E 
airspace designation listed in this document will be published 
subsequently in that Order.
    The FAA has determined that this proposed regulation only involves 
an established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
Therefore, this proposed regulation: (1)

[[Page 19778]]

Is not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under Department of Transportation 
(DOT) Regulatory Policies and Procedures (44 FR 11034; February 26, 
1979); and (3) does not warrant preparation of a regulatory evaluation 
as the anticipated impact is so minimal. Since this is a routine matter 
that will only affect air traffic procedures and air navigation, it is 
certified that this proposed rule, when promulgated, will not have a 
significant economic impact on a substantial number of small entities 
under the criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the 
FAA is charged with prescribing regulations to assign the use of the 
airspace necessary to ensure the safety of aircraft and the efficient 
use of airspace. This regulation is within the scope of that authority 
as it removes Class E2 airspace at Luke Air Force Base, Phoenix, AZ.

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 FAA Order 
7400.9R, Airspace Designations and Reporting Points, signed August 15, 
2007, and effective September 15, 2007, is amended as follows:

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

AWP AZ E2 Phoenix, Luke AFB, AZ [Revoked]

* * * * *

    Issued in Washington, on March 27, 2008.
Clark Desing,
Manager, System Support Group, Western Service Center.
 [FR Doc. E8-7663 Filed 4-10-08; 8:45 am]
BILLING CODE 4910-13-P
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