Modification of the Phoenix Class B Airspace Area; Arizona

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 94-AWA-1]

RIN 2120-AA66

Modification of the Phoenix Class B Airspace Area; Arizona

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

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

Specifically, this action reconfigures several area boundaries; creates

two new areas; and raises and/or lowers the floors of several existing

areas. The FAA is taking this action to enhance safety, reduce the

potential for midair collision, and to improve the management of air

traffic operations into, out of, and through the Phoenix Class B

airspace area while accommodating the concerns of airspace users.

EFFECTIVE DATE: 0901 UTC, November 5, 1998.

FOR FURTHER INFORMATION CONTACT: William C. Nelson, Airspace and Rules

Division, ATA-400, Office of Air Traffic Airspace Management, Federal

Aviation Administration, 800 Independence Avenue, SW., Washington, DC

20591, Telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION:

Related Rulemaking Actions

On May 21, 1970, the FAA published the Designation of Federal

Airways, Controlled Airspace, and Reporting Points Final Rule (35 FR

7782). This rule provided for the establishment of Terminal Control

Airspace areas (now known as Class B airspace areas).

On June 21, 1988, the FAA published the Transponder With Automatic

Altitude Reporting Capability Requirement Final Rule (53 FR 23356).

This rule requires all aircraft to have an altitude encoding

transponder when operating within 30 NM of any designated TCA (now

known as Class B airspace area) primary airport from the surface up to

10,000 feet MSL. This rule excluded those aircraft that were not

originally certificated with an engine-driven electrical system (or

those that have not subsequently been certified with such a system),

balloons, or gliders.

On October 14, 1988, the FAA published the Terminal Control Area

Classification and Terminal Control Area Pilot and Navigation Equipment

Requirements Final Rule (53 FR 40318). This rule, in part, requires the

pilot-in-command of a civil aircraft operating within a Class B

airspace area to hold at least a private pilot certificate, except for

a student pilot who has received certain documented training.

On December 17, 1991, the FAA published the Airspace

Reclassification Final Rule (56 FR 65638). This rule

[[Page 58292]]

discontinued the use of the term ``Terminal Control Area'' and replaced

it with the designation ``Class B airspace area.'' This change in

terminology is reflected in this final rule.

Background

The Terminal Control Airspace area (TCA) program was developed to

reduce the potential for midair collision in the congested airspace

surrounding airports with high density air traffic by providing an area

wherein all aircraft are subject to certain operating rules and

equipment requirements.

The density of traffic and the type of operations being conducted

in the airspace surrounding major terminals increases the probability

of midair collisions. In 1970, an extensive study found that the

majority of midair collisions occurred between a general aviation (GA)

aircraft and an air carrier or military aircraft, or another GA

aircraft. The basic causal factor common to these conflicts was the mix

of aircraft operating under visual flight rules (VFR) and aircraft

operating under instrument flight rules (IFR). Class B airspace areas

provide a method to accommodate the increasing number of IFR and VFR

operations. The regulatory requirements of these airspace areas afford

the greatest protection for the greatest number of people by giving air

traffic control increased capability to provide aircraft separation

service, thereby minimizing the mix of controlled and uncontrolled

aircraft.

The standard configuration of these airspace areas contains three

concentric circles centered on the primary airport extending to 10, 20,

and 30 nautical miles (NM), respectively. The standard vertical limit

of these airspace areas normally should not exceed 10,000 feet MSL,

with the floor established at the surface in the inner area and at

levels appropriate to the containment of operations in the outer areas.

Variations of these criteria may be utilized contingent on the terrain,

adjacent regulatory airspace, and factors unique to the terminal area.

Public Input

On February 4, 1997, the FAA published a notice in the Federal

Register, Airspace Docket 94-AWA-1, proposing to modify the Phoenix

Class B airspace area (62 FR 5188). The notice proposed to reconfigure

several area boundaries; create two new areas; and raise and/or lower

the floors of several existing areas within the Phoenix Class B

airspace area. The comment period for this proposal closed on September

22, 1997.

On April 2, 1997, the FAA reopened the comment period in response

to requests from several user organizations for additional time to

fully analyze the proposal and to formulate and submit comments (62 FR

15635).

On August 22, 1997, the FAA published a supplemental notice of

proposed rulemaking to correct an error in the bearings published in

the original notice (62 FR 44598). Interested persons were invited to

participate by submitting written data, views, or arguments.

The FAA received 61 comments in response to notice 94-AWA-1. All

comments received were considered before making a determination on this

final rule. An analysis of the comments received and the FAA's

responses are summarized below.

Analysis of Comments

Requests for Additional Hearings

Several commenters requested that the FAA hold additional hearings

to advise the public on the specifics of this proposed action. These

commenters stated that, in their opinion, the time lag between the July

17, 1993, public hearing and February 4, 1997, publication of the NPRM

was reason enough for the FAA to hold additional airspace meetings.

The FAA disagrees with these commenters. The FAA held a pre-NPRM

meeting to inform airspace users of the planned modification of the

Phoenix Class B airspace area and to provide local airspace users an

opportunity to present input on the proposed modifications. Since no

changes to the original planned modification had been instituted, it

was determined by the FAA that additional airspace meetings were not

necessary.

Environmental Concerns

One commenter, representing the City of Apache Junction, opposed

the proposal to modify the Phoenix Class B airspace area eastward over

the city. This commenter stated that the proposed modification would

create noise from lower flying aircraft, jeopardize air safety,

adversely effect wilderness areas and the FAA has not provided the city

adequate information pertaining to the proposed changes.

The FAA disagrees with the statement of this commenter. Currently,

the City of Apache Junction, as charted on aeronautical charts, is

located in an area classified as uncontrolled, or ``Class E airspace.''

Class E airspace may be used by GA VFR aircraft as well as commercial

airlines operating IFR. The modification establishes Class B airspace

over the City of Apache Junction with a floor of 8,000 feet MSL. As

commercial IFR traffic is currently, and will continue to be, vectored

over Apache Junction at or above 8,000 feet MSL, the proposed

modification has no potential to affect the environment in the vicinity

of Apache Junction.

Once the airspace is designated as Class B, GA traffic can either

circumnavigate the area or use standard procedures to enter the Class B

airspace area. Class B airspace, formerly known as a Terminal Control

Area, exists to provide a high degree of control over air traffic

associated with high density airports, to reduce the potential for

midair collisions. Accordingly, aircraft equipment is subject to

certain minima, and permission must be obtained to enter Class B

airspace. While operating within Class B airspace, every aircraft is

required to have an operational transponder and the pilot is required

to maintain two-way communication with, and follow the instructions

issued by, air traffic controllers. Controllers are responsible for the

separation of every aircraft in the Class B airspace area, whether the

aircraft is operating IFR or VFR.

Establishing the Phoenix Class B airspace area floor at 8,000 feet

MSL in this area will assure adequate separation and maneuvering

airspace, which enhances aviation safety between IFR and VFR

operations. The FAA believes IFR aircraft operations above 8,000 feet

MSL will not impact any wilderness areas or the well-being of the

residents of Apache Junction. Adequate information has been provided to

evaluate potential safety benefits and potential environmental impact

during the rulemaking process.

Several commenters expressed concern that the proposed

modifications would allow aircraft to fly at lower altitudes over

residential areas, causing an increase in noise levels, and decreasing

property values. Additionally, some commenters expressed concern that

the expansion of the Class B airspace area would have a detrimental

effect upon the future environment of the area, including the

Superstition Mountains. They questioned whether an Environmental Impact

Statement was required as part of this action.

The modifications herein will not change or lower the altitude at

which aircraft operate, nor will they change existing aircraft

departure and arrival routes, flight tracks, and operations. Under the

final rule, except in two subareas H and I, Class B airspace area would

simply be expanded horizontally to provide additional safety through

[[Page 58293]]

adherence to instrument flight rules. The airspace will be expanded

vertically by lowering the floor of IFR operations in subareas H and I

to enhance safety by assuring a minimum 1,000 feet of separation

between approximately 8,000 feet MSL and above, and GA operations. In

the modification to subareas H and I, GA would not be allowed to

operate above 7,000 feet MSL. The operational and noise impact of

eliminating operations by GA aircraft above 7,000 feet MSL in subareas

H and I is expected to be minimal.

As published in the Aeronautical Information Manual (AIM), the FAA

recommends that aircraft maintain a minimum altitude of 2,000 feet

above the surface to minimize adverse impact upon the environment.

Existing operations will continue in accordance with this

recommendation to the extent feasible. Further, aircraft operations in

the Phoenix Class B airspace area in the vicinity of the Superstition

Mountains will be operating at or above 8,000 feet MSL.

As explained in detail in the Environmental Review section and for

the reasons stated above, the FAA has determined that the proposed

final rule qualifies for categorical exclusion from environmental

review under FAA Order 1050.1D, Policies and Procedures for Considering

Environmental Impacts.

Satellite Airport Operations

Some commenters expressed concerns that the proposed modifications

would negatively impact airspace users in the vicinity of Williams

Gateway (IWA) airport and Falcon Field (FFZ) airport. Two commenters,

representing helicopter operations state that the reconfiguration of

airspace east and southeast of FFZ will have an economic impact upon

their business.

The FAA does not agree with these commenters. Currently, aircraft,

including helicopters, operate in the vicinity due east of FFZ, operate

below the 4,000 (Area D) and 8,000 (Area H) foot MSL floors of the

Phoenix Class B airspace area, or navigate southeast and into Class E

airspace.

As modified, those pilots who elect to operate in the vicinity

southeast of FFZ and above IWA may navigate below the floor of the

Areas D at 4,000 feet MSL. However, the eastern boundary of area D Area

D is reconfigured, and therefore provides additional maneuvering

airspace. Though the current Class E airspace is being reclassified as

Class B airspace, the establishment of Areas J and K with floors of

5,000, and 8,000 feet MSL, respectively, allows adequate airspace for

users to operate below the Phoenix Class B airspace area or navigate a

minimal distance to reach and enter Class E airspace. Therefore, the

FAA believes this action would have no impact upon users of the

airspace operating below the floor of the Phoenix Class B airspace area

in the vicinity of southeast of FFZ. In consideration of the overall

safety benefits, provided by ATC system, (e.g. separation from other

aircraft, traffic advisories, etc,) the FAA believes this action to be

in the best interest of the aviation community.

Airspace Reconfiguration

Many commenters were of the opinion that the eastward expansion of

the airspace is unnecessary because the existing design has worked well

for many years. Two commenters compared the Phoenix Class B airspace

area with other Class B airspace areas and concluded that the Phoenix

Class B airspace area should not be expanded.

The FAA does not agree with these comments. The size and design of

each Class B airspace area is unique and dependent upon the amount of

airspace necessary to segregate certain aircraft operations into and

out of busy terminal areas. Aircraft operations have increased

dramatically in the Phoenix Class B airspace area since it was

established in 1990. Under the present configuration, aircraft

operations east of Phoenix, and in the vicinity of IWA may, because of

traffic density, overflow or, when necessary, may be vectored

temporarily out of the Phoenix Class B airspace area. This creates the

potential for conflict between controlled IFR and noncontrolled VFR

aircraft operations. Reclassifying certain Class E airspace to Class B

airspace in the vicinity of IWA provides additional airspace to ensure

the safety of those aircraft. Reconfiguring the current airspace

eliminates potential conflict between VFR and IFR aircraft operations

and allows users reasonable access to navigable airspace.

Many commenters opposed the modification of the Phoenix Class B

airspace area because they believe changes to flight tracks or airways

were to be incorporated in the proposed action.

This rulemaking effort is specifically for the modification of the

Phoenix Class B airspace area. There are no airway or flight pattern

changes associated with this action.

The Primary Airport Surface Area (Area A)

One comment, while supporting the modification, questioned whether

the instrument landing system (ILS) approach procedure from the east

should be revised.

The FAA considered modifying the ILS approach, along with

reconfiguring Area C. However, the FAA determined that a modification

of surface Area A is the preferred option. Presently, aircraft arriving

from the east conducting the Runway 26R ILS approach, exit and reenter

the Class B airspace area, increasing the potential for an incident or

accident between IFR and VFR aircraft operating outside of, but in the

vicinity of, the existing Class B airspace area.

Prior to the establishment of the Runway 26R ILS procedure, Area A

was considered to be sufficient. However, it was discovered that, due

to the angle of the glideslope, aircraft following the approach

procedure while descending, would exit through the 3,000-foot MSL floor

of Area C and reenter through the eastern boundary of the Phoenix Class

B airspace area, Area A. The relocation of the eastern boundary of Area

A, by 1-NM to the east, eliminates this safety concern and alleviates

the necessity to redesign the ILS approach procedure.

Modification of Areas H and I

Several commenters stated that the proposed modification of Area H

north of Phoenix International Airport would have a negative impact on

general aviation and glider operations from the Pleasant Valley

Sailport.

The FAA does not agree with these comments. The FAA believes that

the modification of Area H has no effect upon glider operations out of

the sailport. Those glider operators that require an altitude greater

than 7,000 feet MSL, have the option of remaining outside of, or

obtaining ATC approval to operate in, the Class B airspace area. In

addition, lowering the floor in Areas H and I to 7000 feet MSL is

necessary due to the increase in IFR aircraft operations to and from

Phoenix International Airport. The number of aircraft operations is

expected to continue increasing significantly. Lowering the floor by

1,000 feet MSL increases the efficiency of traffic management because

it allows additional transitional altitudes to be used for separating

arrival and departure traffic and allows other users access to airspace

to maneuvering or navigate below the floor of the Phoenix Class B

airspace area.

Special Use Airspace (SUA)

One commenter expressed opposition to the proposed modification,

recommending that the FAA retain the military airspace over the Rocky

Mountains and move the air highway expansion north.

The FAA interprets the commenters objections and statements

regarding

[[Page 58294]]

``highway'' expansion, to mean airspace reconfiguration. To improve the

efficiency of aircraft operations, the FAA determined that an expansion

of the Class B airspace area to the north was not necessary. The

modifications contained in this rule include only that airspace

necessary to contain the operations of participating aircraft in the

Phoenix area and no modification to the SUA was proposed or planned.

Corrections

Several commenters reported that the NPRM contained several

technical errors published in the NPRM.

The field elevation of Phoenix International Airport noted in the

NPRM was ``132'' feet. The field elevation is corrected in this rule to

read ``1,132'' feet.

The eastern boundary of Area A would be moved ``approximately 2

NM.'' The approximated distance, as verified by NOAA is less than 1 NM.

The distance is corrected in this rule to read ``approximately 1 NM''.

Additionally, the NPRM inadvertently omitted addressing the change

of the navigational aid (NAVAID) from the Phoenix instrument landing

system/distance measuring equipment (ILS/DME) to the Phoenix very high

frequency omnidirectional range tactical air navigation (VORTAC). Use

of the Phoenix VORTAC will shift the arc boundaries and, therefore, the

regulated airspace along the arcs the Phoenix Class B airspace area

westward, but less than 1 NM. The FAA determined that this shift in the

arc boundaries causes little, if any, impact on users of the navigable

airspace in these areas. In addition, use of the Phoenix VORTAC assists

general aviation pilots in identifying certain boundaries of the

Phoenix Class B airspace area.

The Rule

This amendment to 14 CFR part 71 modifies the Phoenix Class B

airspace area as depicted on the attached chart. Specifically, this

action reconfigures Area A by expanding the existing eastern boundary

to the east; reconfigures the existing Area B west of Phoenix

International Airport; reconfigures Area D east of Phoenix

International airport; establishes Areas J and K; and raises or lowers

the floors of several existing or modified areas. The FAA is taking

this action to enhance safety, reduce the potential for midair

collision, and improve the management of air traffic operations into,

out of, and through the Phoenix Class B airspace area while

accommodating the concerns of airspace users.

The modification of the Phoenix Class B airspace area will become

effective on November 5, 1998. In order to avoid pilot confusion and to

make pilots immediately aware of the revised legal description of the

Phoenix Class B airspace area, the FAA finds that good cause exists,

pursuant to 5 U.S.C. (d), for making this amendment effective in less

than 30 days. The November 5, 1998, effective date corresponds with a

scheduled publication date for the appropriate aeronautical charts. The

FAA has disseminated information regarding the revised legal

description of the Phoenix Class B airspace area via public meetings

and publication of the NPRM to ensure that pilots and airspace users

are advised of the modifications. The FAA's Western Pacific Regional

Office distributed Letters to Airmen that advertised the revised

description of the airspace area. The Phoenix VFR Terminal Area Chart

and Phoenix Sectional Aeronautical Chart will be published on November

5, 1998, and will reflect this rulemaking action.

The coordinates for this airspace docket are based on North

American Datum 83. Class B airspace areas are published in Paragraph

3000 of FAA Order 7400.9F dated September 10, 1998, and effective

September 16, 1998, which is incorporated by reference in 14 CFR,

section 71.1. The Class B airspace area listed in this document will be

published subsequently in the Order.

The existing Area A is reconfigured by expanding its eastern

boundary approximately 1 NM east to ensure that aircraft operations

into the primary airport are contained within the Phoenix Class B

airspace area. The existing Area B is modified by establishing a

boundary line running north to south on 99th Avenue to provide GA

operators transiting west of Phoenix greater flexibility, thereby

reducing airspace incursions in this area. In this reconfiguration,

Area B remains at 3,000 feet MSL; however, the western area will be

raised to merge with the existing 4,000 feet MSL of Area D.

The airspace east of Phoenix has been reconfigured to contain high

performance aircraft within the Phoenix Class B airspace area. This

modification expands the Class B airspace area to the east-southeast

approximately 15 NM over the Williams Gateway Airport, formerly known

as Williams Air Force Base. This expansion establishes Areas J and K,

with floors of 5,000 and 8,000 feet MSL, respectively. This

modification is consistent with the FAA's policy of using only the

minimum amount of airspace necessary to contain Class B operations.

This modification also provides sufficient airspace for GA operations

near or below the Class B airspace area east of Phoenix. The existing

floors of Areas H to the north and Area I to the south are lowered by

1,000 feet. Establishing these floors at 7,000 feet MSL provides

additional protected airspace because of the increase in aircraft

arriving and departing the Phoenix Class B airspace area. Modification

of Areas H and I improves airspace management by enabling a more

efficient flow of traffic which enhances safety for IFR and VFR

aircraft operations. The floor, established at 7,000 feet MSL, allows

airspace for other users of the navigable airspace to operate below the

floor of the Class B airspace area, or those pilots who elect to

operate in these areas, may use standard procedures to enter the

Phoenix Class B airspace area.

Areas E, F, G, and H are not changed except as previously mentioned

concerning the NAVAID change from the Phoenix ILS/DME to the Phoenix

VORTAC. This change creates a minor adjustment of the Phoenix Class B

airspace area westward along the associated arc boundaries of less than

1 NM.

Area J, with the floor established at 5,000 feet MSL, is

established between the PXR VORTAC 15-20 DME arcs and abuts Area E to

the north and Area F to the south. Establishment of area J provides

additional protected airspace to support IFR arrivals and departures

out of and into the Phoenix International airport from VFR aircraft

operations to the east of the airport.

Area K to the east is reconfigured and aligned with the adjacent

Area I to the south. This configuration allows for more efficient

transition of aircraft into and out of the Phoenix Class B airspace

area, and provides protected airspace for operations into and out of

the IWA airport. Expanding the southeastern area to encompass this

airspace east of IWA provides Class B airspace area service to high-

performance aircraft transiting to and from the en route structure.

Environmental Review

After careful consideration, the FAA has determined that expansion

of the Phoenix Class B airspace area, pursuant to 14 CFR part 71,

qualifies for categorical exclusion from environmental review under FAA

Order 1050.1D, Policies and Procedures for Considering Environmental

Impacts, Appendix 3, Air Traffic Environmental Responsibilities,

paragraph 4(c). This extension of the Class B airspace area

horizontally and, in subareas H and I, vertically, to provide

additional safety through adherence to instrument flight

[[Page 58295]]

rules, will not change aircraft departure, arrival routes, flight

tracks, or operations in the area. In subareas H and I, although the

floor for IFR operations and the ceiling for VFR traffic would be

lowered from 8,000 to 7,000 feet MSL, IFR arrival and departure routes

and flight patterns will remain the same. The lowered floor will assure

a minimum of 1,000 feet of vertical separation between continued IFR

operations at approximately 8,000 feet MSL, and GA traffic. Based upon

this, and in consideration of other factors, there are no extraordinary

circumstances that warrant preparation of an environmental assessment.

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 requires agencies to analyze the

economic effect of regulatory changes on small entities. Third, the

Office of Management and Budget directs agencies to assess the effect

of regulatory changes on international trade. In conducting these

analyses, the FAA has determined that this Final Rule: (1) will

generate benefits that justify its minimal costs and is not ``a

significant regulatory action'' as defined in the Executive Order; (2)

is not significant as defined in the Department of Transportation's

Regulatory Policies and Procedures; (3) will not have a significant

impact on a substantial number of small entities; (4) will not

constitute a barrier to international trade; and (5) will not contain

any Federal intergovernmental or private sector mandate. These

analyses, available in the docket, are summarized below.

Costs

The FAA has determined that modifying the Phoenix Class B airspace

area will enhance aviation safety and operational efficiency. This FAA

determination is based on a change in operations complexity in some of

the existing subareas. The FAA contends the modification of the

airspace area will impose minimal, if any, cost to either the agency or

aircraft operators. In addition, the FAA has determined that the

modified airspace area will impose minimal, if any, cost to operators

that circumnavigate the area.

The final rule will not impose any additional administrative costs

on the FAA for either personnel or equipment. The FAA has determined

that any additional workload created by the final rule will be absorbed

with existing personnel and equipment already in place at Phoenix Sky

Harbor International Airport. The revision of aeronautical charts to

reflect changes in the airspace area are considered a part of the

normal periodic updating of the charts. The FAA currently revises

aeronautical charts every six months to reflect changes in the airspace

environment. The FAA does not expect to incur any additional charting

cost as a result of the modification of the Class B airspace area.

The FAA has determined through statistical analysis that most

aircraft operating in the modified and expanded Class B airspace area

already have two-way radio communications capability and Mode C

transponders. Therefore, the FAA has determined this final rule will

not impose any additional installation cost for purchasing two-way

radios and/or Mode C transponders on a substantial number of operators.

The final rule modifies the current Phoenix Class B airspace area

by establishing new sub-areas, by expanding or contracting the lateral

boundaries, and by raising or lowering the floors of several of the

sub-areas. The final rule will not alter the ceiling of the Class B

airspace area, therefore the airspace ceiling will remain constant at

10,000 feet MSL. The FAA has determined that the modifications to the

airspace area will require non-participating operators to make only

small deviations from their current VFR flight paths north, south and

east of Phoenix Sky Harbor International Airport. In addition, the FAA

has determined the redesigned floors and lateral boundaries will not

reduce aviation safety.

Benefits

The approximate total number of operations at Phoenix Sky Harbor

International Airport was 590,000 in 1996, up from 570,000 in 1995 and

is projected to increase to 660,000 by the year 2000. Also, passenger

enplanements were approximately 14.6 million in 1996, up from 13.5

million in 1995 and are projected to increase to 18.1 million by the

year 2000.

The FAA has determined that this final rule will enhance

operational safety by lowering the potential risk of midair collisions,

given the projected increase of total operations and passenger

enplanements at Phoenix Sky Harbor International Airport. The final

rule will improve aviation safety as well as air traffic flow in the

Phoenix Class B airspace area by simplifying the airspace area

boundaries and reducing the possibility of pilot confusion.

The modification of the Phoenix, AZ Class B airspace area will

enhance aviation safety and improve operational efficiency in those

sub-areas where aircraft are approaching or departing from Phoenix Sky

Harbor International Airport. In view of the minimal, if any, cost of

compliance and the benefits of enhanced aviation safety and improved

operational efficiency, the FAA has determined that this final rule

will be cost-beneficial.

Regulatory Flexibility Determination

The Regulatory Flexibility Act of 1980 establishes ``as a principle

of regulatory issuance that agencies shall endeavor, consistent with

the objective of the rule and of applicable statutes, to fit regulatory

and informational requirements to the scale of the business,

organizations, and governmental jurisdictions subject to regulation.''

To achieve that principal, the Act requires agencies to solicit and

consider flexible regulatory proposals and to explain the rational for

their actions. The Act 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 proposed or

final rule will have a significant economic impact on a substantial

number of small entities. If the determination is that it will, the

agency must prepare a regulatory flexibility analysis (RFA) as

described in the Act.

However, if an agency determines that a proposed or final rule is

not expected to have a significant economic impact on a substantial

number of small entities, section 605(b) of the 1980 Act provides that

the head of the agency may so certify and an RFA is not required. The

certification must include a statement providing the factual basis for

this determination, and the reasoning should be clear.

Only those unscheduled aircraft operators without the capability to

operate under IFR conditions will be potentially impacted by this final

rule. The FAA has determined that all unscheduled air taxi operators

are already equipped to operate under IFR conditions. These operators

regularly fly in airports where radar approach control services have

been established such as the Phoenix Class B airspace area. The FAA

anticipates that flight training schools in the Phoenix area will

continue to operate below the floor of the modified Class B airspace

area without any difficulty. Thus, the FAA does not anticipate any

adverse impacts

[[Page 58296]]

to occur as a result of the modified Class B airspace area.

The FAA conducted the required review of this proposal and

determined that it would not have a significant economic impact on a

substantial number of small entities. Accordingly, pursuant to the

Regulatory Flexibility Act, 5 U.S.C. 605(b), the Federal Aviation

Administration certifies that this rule will not have a significant

economic impact on a substantial number of small entities.

International Trade Impact Assessment

This final rule will not have international trade ramifications

because it is a domestic airspace matter. The modification of Class B

airspace area will only affect U.S. terminal airspace operating

procedures at and in the vicinity of Phoenix, AZ. This final rule will

not impose costs on aircraft operators or aircraft manufacturers in the

United States or foreign countries.

Unfunded Mandates Assessment

Title II of the Unfunded Mandates Reform Act of 1995 (the act),

enacted as Pub. L. 104-4 on March 22, 1995, requires each Federal

agency, to the extent permitted by law, to prepare a written assessment

of the effects of any Federal mandate in a proposed or final agency

rule that may result in the expenditure of $100 million or more

adjusted annually for inflation in any one year by State, local, and

tribal governments, in the aggregate, or by the private sector. Section

204(a) of the Act, 2 U.S.C. 1534(a), requires the Federal agency to

develop an effective process to permit timely input by elected officers

(or their designees) of State, local and tribal governments on a

proposed ``significant intergovernmental mandate.'' A ``significant

intergovernmental mandate'' under the Act is any provision in a Federal

agency regulation that would impose an enforceable duty upon state,

local, and tribal governments, in the aggregate, (of $100 million

adjusted annually for inflation) in any one year. Section 203 of the

Act, 2 U.S.C. 1533, which supplements section 204(a), provides that

before establishing any regulatory requirements that might

significantly or uniquely affect small governments, the agency shall

have developed a plan that among other things, provides for notice to

potentially affected small governments, if any, and for a meaningful

and timely opportunity to provide input in the development of

regulatory proposals.

This final rule does not contain any Federal intergovernmental or

private sector mandate. Therefore, the requirements of Title II of the

Unfunded Mandates Reform Act of 1995 do not apply.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the Federal Aviation

Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS

1. The authority citation for 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 7400.9F, Airspace Designations and

Reporting Points, dated September 10, 1998, and effective September 16,

1998, 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.26'10''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 10,000 feet MSL beginning at the intersection of 51st

Avenue and Camelback Road (lat. 33 deg.30'34''N., long.

112 deg.10'08''W.), extending east along Camelback Road to the

intersection of Camelback Road and Dobson Road (lat.

33 deg.30'07''N., long. 111 deg.52'26''W.), thence south on Dobson

Road to the intersection of Dobson Road and Guadalupe Road (lat.

33 deg.21'49''N., long. 111 deg.52'35''W.), thence west on Guadalupe

Road to the intersection of Guadalupe Road and Interstate 10 (lat.

33 deg.21'50''N., long. 111 deg.58'08''W.), thence direct to lat.

33 deg.21 '48''N., long. 112 deg.06'30''W., thence west on Guadalupe

Road to the intersection of Guadalupe Road and 51st Avenue (lat.

33 deg.21'46''N., long. 112 deg.10'09''W.), thence north on 51st

Avenue to the point of beginning.

Area B. That airspace extending upward from 3,000 feet MSL to

and including 10,000 feet MSL beginning at the intersection of 99th

Avenue and Camelback Road (lat. 33 deg.30'29''N., long.

112 deg.16'22''W.), thence east on Camelback Road to the

intersection of Camelback Road and 51st Avenue (lat.

33 deg.30'34''N., long. 112 deg.10'08''W.), thence south on 51st

Avenue to the intersection of 51st Avenue and Guadalupe Road (lat.

33 deg.21'46''N., long. 112 deg.10'09''W.), thence direct to lat.

33 deg.21'48''N., long. 112 deg.06'30''W., thence south direct to

lat. 33 deg.18'18''N., long. 112 deg.06'30''W., thence west on

Chandler Boulevard to the intersection of Chandler Boulevard and the

Gila River (lat. 33 deg.18'18''N., long. 112 deg.12'03''W.), thence

northwest along the Gila River to the intersection of the Gila River

and 99th Avenue, (lat. 33 deg.19'55''N., long. 112 deg.16'21''W.),

thence north along the extension of 99th Avenue to the point of

beginning.

Area C. That airspace extending upward from 3,000 feet MSL to

and including 10,000 feet MSL beginning at the intersection of

Guadalupe Road and Interstate 10 (lat. 33 deg.21'50''N., long.

111 deg.58'08''W.), thence south on Interstate 10 to the

intersection of Interstate 10 and Chandler Boulevard (lat.

33 deg.18'19''N., long. 111 deg.58'21''W.), thence east on Chandler

Boulevard to the intersection of Gilbert Road and Chandler Boulevard

(lat. 33 deg.18'19''N., long. 111 deg.47'22''W.), thence north on

Gilbert Road to the intersection of Indian Bend Road (lat.

33 deg.32'20''N., long. 111 deg.47'23''W.), thence west on Indian

Bend Road to the intersection of Indian Bend Road and Pima/Price

Road (lat. 33 deg.32'18''N., long. 111 deg.53'29''W.), thence south

on Pima/Price Road to the intersection of Pima/Price Road and

Camelback Road (lat. 33 deg.30'07''N, long. 111(53'29''W.), thence

east on Camelback Road to Dobson Road (lat. 33 deg.30'07''N, long.

111(52'26''W.), thence south on Dobson Road to the intersection of

Dobson Road and Guadalupe Road (lat. 33 deg.21'49''N., long.

111 deg.52'35''W.), thence west on Guadalupe Road to the point of

beginning.

Area D. That airspace extending upward from 4,000 feet MSL to

and including 10,000 feet MSL beginning at the intersection of

Cactus Road and the 15-mile arc of the Phoenix VORTAC (lat.

33 deg.35'35''N., long. 111 deg.44 deg.29''W.), thence clockwise

along the 15-mile arc of the Phoenix VORTAC to the intersection of

the 15-mile arc of the Phoenix VORTAC and Riggs Road (lat.

33 deg.13'02''N., long. 111 deg.49'07''W.), thence west along Riggs

Road to the intersection of the Gila River and Valley Road (lat.

33 deg.13'10''N., long. 122 deg.09'58''W.), thence northwest along

the Gila River to the intersection of the Gila River and Chandler

Boulevard (lat. 33 deg.18'18''N., long. 112 deg.12'03''W.), thence

east to lat. 33 deg.18'18''N., long. 112 deg.06'30''W., thence north

to lat. 33 deg.21'48''N., long. 112 deg.06'30''W., thence east to

the intersection of Guadalupe Road and Interstate 10 (lat.

33 deg.21'50''N., long. 111 deg.58'08''W.), thence south on

Interstate 10 to the intersection of Interstate 10 and Chandler

Boulevard (lat. 33 deg.18'19''N., long. 111 deg.58'21'16''W.),

thence east along Chandler Boulevard to the intersection of Chandler

Boulevard and Gilbert Road (lat. 33 deg.18'18''N.,

long.111 deg.47'22''W.), thence north along Gilbert Road to the

intersection of Indian Bend Road (lat. 33 deg.32'20''N., long.

111 deg.47'23''W.), thence west along Indian Bend Road to the

intersection of Pima/Price Road (lat. 33 deg.32'18''N., long.

111 deg.53'29''W.), thence south along Pima/Price Road to the

intersection of Pima/Price Road and

[[Page 58297]]

Camelback Road (lat. 33 deg.30'07''N., long. 111 deg.53'29''W.),

thence west along Camelback Road to the intersection of 99th Avenue

(lat. 33 deg.30'29''N., long. 112 deg.16'22''W.), thence south on

99th Avenue to the intersection of 99th Avenue and the Gila River

(lat. 33 deg.19'55''N., long. 112 deg.16'21''W.), thence southeast

along the Gila River to the intersection of the Gila River and

Chandler Boulevard (lat. 33 deg.18'18''N., long. 112 deg.12'03''W.),

thence west along Chandler Boulevard to the intersection of an

extension of Chandler Boulevard and Litchfield Road (lat.

33 deg.18'18''N., long. 112 deg.21'29''W.), thence north along

Litchfield Road to the intersection of Litchfield Road and Camelback

Road (lat. 33 deg.30'29''N., long. 112 deg.21'29''W.), thence east

along Camelback Road to lat. 33 deg.30'30''N., long.

112 deg.19'23''W., thence direct to lat. 33 deg.35'34''N., long.

112 deg.13'55''W., thence direct to lat. 33 deg.36'35''N., long.

112 deg.13'38''W., thence east along Thunderbird Road to the

intersection of Thunderbird Road and Cactus Road to the point of the

beginning.

Area E. That airspace extending upward from 6,000 feet MSL to

and including 10,000 feet MSL beginning at the intersection of the

Phoenix VORTAC 20-mile arc and lat. 33 deg.41'41''N., long.

112 deg.13'05''W., thence clockwise along the 20-mile arc of the

Phoenix VORTAC to intersection of the Phoenix VORTAC 20-mile arc and

Cactus Road (lat. 33 deg.35'35''N., long. 111 deg.37'13''W.), thence

west on Cactus Road, to the intersection of Cactus Road and

Thunderbird Road (lat. 33 deg.36'35''N., long. 112 deg.13'38''W.),

thence direct to the point of beginning.

Area F. That airspace extending upward from 6,000 feet MSL to

and including 10,000 feet MSL beginning at the intersection of Riggs

Road and the 20-mile arc of the Phoenix VORTAC (lat.

33 deg.12'58''N., long. 111 deg.40'04''W.), thence clockwise along

the 20-mile arc of the Phoenix VORTAC to the intersection of the 20-

mile arc of the Phoenix VORTAC and Valley Road (lat.

33 deg.07'58''N., long. 112 deg.08'40''W.), thence north along

Valley Road to the intersection of Valley Road, Riggs Road and the

Gila River (lat. 33 deg.13'10''N., long. 112 deg.09'58''W.), thence

east along Riggs Road to the point of beginning.

Area G. That airspace extending upward from 6,000 feet MSL to

and including 10,000 feet MSL beginning at the intersection of the

25-mile arc of the Phoenix VORTAC and Camelback Road (lat.

33 deg.30'30''N., long. 112 deg.27'37''W.), thence east on Camelback

Road to the intersection of Camelback Road and Litchfield Road (lat.

33 deg.30'29''N., long. 112 deg.21'29''W.), thence south on

Litchfield Road to the intersection of Litchfield Road and Chandler

Boulevard (lat. 33 deg.18'18''N., long. 112 deg.21'29''W.), thence

west along Chandler Boulevard to the intersection of the 25-mile arc

of the Phoenix VORTAC (lat. 33 deg.18'10''N., long.

112 deg.26'34''W.), thence clockwise along the 25-mile arc of the

Phoenix VORTAC to the point of beginning.

Area H. That airspace extending upward from 7,000 feet MSL to

and including 10,000 feet MSL beginning at a point at lat.

33 deg.46'13''N., long. 112 deg.15'51''W., on the 25-mile arc of the

Phoenix VORTAC, thence clockwise along the 25-mile arc of the

Phoenix VORTAC to the intersection of the 25-mile arc of the Phoenix

VORTAC and Interstate 17 (lat. 33 deg.49'30''N., long.

112 deg.08'37''W.), thence south along Interstate 17 to the

intersection of Interstate 17 and the 20-mile arc of the Phoenix

VORTAC (lat. 33 deg.44'31''N., long. 112 deg.07'18''W.), thence

counterclockwise along the 20-mile arc of the Phoenix VORTAC to lat.

33 deg.41'41''N., long. 112 deg.13'05''W., thence direct to the

point of beginning); and that airspace beginning at the intersection

of the 20-mile arc of the Phoenix VORTAC and the Phoenix VORTAC

017 deg. radial (lat. 33 deg.45'08''N., long. 111 deg.51'12''W.),

thence north along the Phoenix VORTAC 017 deg. radial to the

intersection of the Phoenix VORTAC 017 deg. radial and the 25-mile

arc of the Phoenix VORTAC (lat. 33 deg.49'56''N., long.

111 deg.49'26''W.), thence clockwise along the 25-mile arc of the

Phoenix VORTAC to the intersection of the 25-mile arc of the Phoenix

VORTAC and the Phoenix VORTAC 037 deg. radial (lat.

33 deg.45'58''N., long. 111 deg.40'10''W.), thence southwest along

the Phoenix VORTAC 037 deg. radial to the intersection of the

Phoenix VORTAC 037 deg. radial and the 20-mile arc of the Phoenix

VORTAC (lat. 33 deg.41'58''N., long. 111 deg.43'47''W.), thence

counterclockwise along the 20-mile arc of the Phoenix VORTAC to the

point of beginning.

Area I. That airspace extending upward from 7,000 feet MSL to

and including 10,000 feet MSL beginning at the intersection of the

20-mile arc of the Phoenix VORTAC and the Phoenix VORTAC 127 deg.

radial (lat. 33 deg.13'54''N., long. 111 deg.39'10''W.), thence

southeast along the Phoenix VORTAC 127 deg. radial to the

intersection of the Phoenix VORTAC 127 deg. radial and the 25-mile

arc of the Phoenix VORTAC (lat. 33 deg.10'52''N., long.

111 deg.34'25''W.), thence clockwise along the 25-mile arc of the

Phoenix VORTAC to the intersection of the 25-mile arc of the Phoenix

VORTAC and the Phoenix VORTAC 180 deg. radial (lat.

33 deg.00'56''N., long. 111 deg.58'13''W.), thence north along the

Phoenix VORTAC 180 deg. radial to the intersection of the Phoenix

VORTAC 180 deg. radial and the 20-mile arc of the Phoenix VORTAC

(lat. 33 deg.05'57''N., long. 111 deg.58'13''W.), thence

counterclockwise along the 20-mile arc of the Phoenix VORTAC to the

point of beginning.

Area J. That airspace extending upward from 5,000 feet MSL to

and including 10,000 feet MSL beginning at the intersection of the

15-mile arc of the Phoenix VORTAC and lat. 33 deg.35'39''N., long.

111 deg.44'29''W., thence east to the intersection of the Phoenix

VORTAC 20 mile arc (lat. 33 deg.35'35''N., long. 111 deg.37'13''W.),

thence clockwise along the Phoenix 20-mile arc to the intersection

of the Phoenix VORTAC 20-mile arc and Riggs Road (lat.

33 deg.12'58''N., long. 111 deg.40'04''W.), thence west to the

intersection of Riggs Road and the Phoenix VORTAC 15-mile arc (lat.

33 deg.13'02''N., long. 111 deg.49'07''W.), thence counterclockwise

along the Phoenix VORTAC 15-mile arc to the point of the beginning.

Area K. That airspace extending upward from 8,000 feet MSL to

and including 10,000 feet MSL beginning at the intersection of the

20-mile arc of the Phoenix VORTAC and the Phoenix VORTAC 037 deg.

radial (lat. 33 deg.41'58''N., long. 111 deg.43'47''W.), thence

northeast along the Phoenix VORTAC 037 deg. radial to the

intersection of the Phoenix VORTAC 037 deg. radial and the 25-mile

arc of the Phoenix VORTAC (lat. 33 deg.45'58''N., long.

111 deg.40'10''W.), thence clockwise along the 25-mile arc of the

Phoenix VORTAC to the intersection of the 25-mile arc of the Phoenix

VORTAC and the Phoenix VORTAC 127 deg. radial (lat.

33 deg.10'52''N., long. 111 deg.34'25''W.), thence northwest along

the Phoenix VORTAC 127 deg. radial to the intersection of the

Phoenix VORTAC 127 deg. radial and the 20-mile arc of the Phoenix

VORTAC (lat. 33 deg.13'54''N., long. 111 deg.39'10''W.), thence

counterclockwise along the 20-mile arc of the Phoenix VORTAC to the

point of beginning.

* * * * *

Issued in Washington, DC, on October 26, 1998.

Reginald C. Matthews,

Acting Program Director for Air Traffic Airspace Management.

Note: This Appendix will not appear in the Code of Federal

Regulations.

Appendix--Phoenix, AZ, Class B Airspace Area

BILLING CODE 4910-13-P

[[Page 58298]]

[GRAPHIC] [TIFF OMITTED] TR30OC98.024

[FR Doc. 98-29148 Filed 10-29-98; 8:45 am]

BILLING CODE 4910-13-C