[Federal Register Volume 63, Number 19 (Thursday, January 29, 1998)]
[Rules and Regulations]
[Pages 4378-4379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2217]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97-ACE-36]


Amendment to Class D and Class E Airspace; Topeka, Philip Billard 
Municipal Airport, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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

SUMMARY: This action amends Class D and Class E airspace areas at 
Topeka, Philip Billard Municipal Airport, KS. The current description 
indicates part-time operation for the Class E airspace area at Topeka, 
Philip Billard Municipal Airport, KS. The actual hours of operation for 
the Class E airspace area are continuous. The Class E airspace area 
description at Topeka, Philip Billard Municipal Airport, KS, is revised 
to indicate the area is in effect continuously. A revision to the 
Airport Reference Point (ARP) is included in this document. The 
intended effect of this amendment is to indicate the Class E airspace 
area is in effect continuously, and amend the ARP for the Class D and 
Class E airspace areas.

DATES: Effective date: 0901 UTC, April 23, 1998.
    Comment date: Comments for inclusion in the Rules Docket must be 
received on or before March 2, 1998.

ADDRESSES: Send comments in triplicate to the Federal Aviation 
Administration (FAA), Manager, Airspace Branch, Air Traffic Division 
(ACE-520), Attention: Rules Docket Number 97-ACE-36, 601 East 12th 
Street, Kansas City, MO 64106.
    The official docket may be examined in the Office of the Regional 
Counsel for the Central Region at the same address between 9:00 a.m. 
and 3:00 p.m., Monday through Friday, except Federal holidays.
    An informal docket may also be examined during normal business 
hours in the Air Traffic Division at the same address listed above.

FOR FURTHER INFORMATION CONTACT:
Kathy Randolph, Air Traffic Division, Airspace Branch, ACE-520C, 
Federal Aviation Administration, 601 East 12th Street, Kansas City, MO 
64106; telephone: (816) 426-3408.

SUPPLEMENTARY INFORMATION: This amendment to 14 CFR part 71 amends the 
Class D and Class E airspace at Topeka, Philip Billard Municipal 
Airport, KS. The Class E airspace is amended by removing the statement 
which indicates part-time status. The Class E airspace area description 
does not reflect the actual hours of operation, which are continuous. 
This action will amend the description for the Class E airspace area at 
Topeka, Philip Billard Municipal Airport, KS, to indicate the area is 
in effect continuously. This action will also amend the ARP for the 
Class D and Class E airspace areas at Topeka, Philip Billard Municipal 
Airport, KS. The Class D and Class E airspace areas will be depicted on 
appropriate aeronautical charts. Class D airspace areas are published 
in paragraph 5000, Class E airspace areas designated as a surface area 
for an airport are published in paragraph 6002, and Class E airspace 
areas designated as an extension to a Class D or Class E surface area 
are published in paragraph 6004, of FAA Order 7400.9E, dated September 
10, 1997, and effective September 16, 1997, which is incorporated by 
reference in 14 CFR 71.1. The Class D and Class E airspace designations 
listed in this document will be published subsequently in the Order.

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse 
or negative comment and, therefore, is issuing it as a direct final 
rule. Previous actions of this nature have not been controversial and 
have not resulted in adverse comments or objections. The amendment will 
enhance safety for all flight operations by designating an area where 
VFR pilots may anticipate the presence of IFR aircraft at lower 
altitudes, especially during inclement weather conditions. A greater 
degree of safety is achieved by depicting the area on aeronautical 
charts. Unless a written adverse or negative comment, or a written 
notice of intent to submit an adverse or negative comment is received 
within the comment period, the regulation will become effective on the 
date specified above. After the close of the comment period, the FAA 
will publish a document in the Federal Register indicating that no 
adverse or negative comments were received and confirming the date on 
which the final rule will become effective. If the FAA does receive, 
within the comment period, an adverse or negative comment, or written 
notice of intent to submit such a comment, a document withdrawing the 
direct final rule will be published in the Federal Register, and a 
notice of proposed rulemaking may be published with a new comment 
period.

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by a notice of proposed rulemaking, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications should identify the Rules Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended or withdrawn in light of 
the comments received. Factual information that supports the 
commenter's ideas and suggestions is extremely helpful in evaluating 
the effectiveness of this action and determining whether additional 
rulemaking action would be needed.
    Comments are specifically invited on the overall regulatory, 
economic, aeronautical, environmental, and energy-related aspects of 
the rule that might suggest a need to modify the rule. All comments 
submitted will be available, both before and after the closing date for 
comments, in the Rules Docket for examination by interested persons. A 
report that summarizes each FAA-public contact concerned with the 
substance of this action will be filed in the Rules Docket.

[[Page 4379]]

    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made. ``Comments 
to Docket No. 97-ACE-36.'' The postcard will be date stamped and 
returned to the commenter.

Agency Findings

    The regulations adopted herein will not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    Therefore the FAA has determined that this regulation is 
noncontroversial and unlikely to result in adverse or negative 
comments. For the reasons discussed in the preamble, I certify that 
this regulation (1) 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) will not have a significant 
economic impact, positive or negative, on a substantial number of small 
entities under the criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    Accordingly, 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 14 CFR part 71 continues to read as 
follows:

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


Sec. 71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of Federal 
Aviation Administration Order 7400.9E, Airspace Designations and 
Reporting Points, dated September 10, 1997, and effective September 16, 
1997, is amended as follows:

Paragraph 5000  Class D airspace.

* * * * *

ACE KS D  Topeka, Philip Billard Municipal Airport, KS [Revised]

Topeka, Philip Billard Municipal Airport, KS
    (Lat. 39 deg.04'07'' N., long. 95 deg.37'21'' W.)
Topeka Forbes Field, KS
    (Lat. 38 deg.57'01'' N., long. 95 deg.39'51'' W.)

    That airspace extending upward from the surface to and including 
3,400 feet MSL within a 4-mile radius of Philip Billard Municipal 
Airport, excluding that airspace within the Topeka Forbes Field, KS, 
Class D airspace area. This Class D airspace area is effective 
during the specific dates and times established in advance by a 
Notice to Airmen. The effective date and time will thereafter be 
continuously published in the Airport/Facility Directory.
* * * * *

Paragraph 6002  Class E airspace areas designated as a surface area 
for an airport.

* * * * *

ACE KS E2  Topeka, Philip Billard Municipal Airport, KS [Revised]

Topeka, Philip Billard Municipal Airport, KS
    (Lat. 39 deg.04'07'' N., long. 95 deg.37'21'' W.)
Topeka Forbes Field, KS
    (Lat. 38 deg.57'01'' N., long. 95 deg.39'51'' W.)

    Within a 4-mile radius of Philip Billard Municipal Airport, 
excluding that airspace within the Topeka Forbes Field, KS, Class D 
and E airspace areas.
* * * * *

Paragraph 6004  Class E airspace areas designated as an extension 
to a Class D or Class E surface area.

* * * * *

ACE KS E4  Topeka, Philip Billard Municipal Airport, KS [Revised]

Topeka, Philip Billard Municipal Airport, KS
    (Lat. 39 deg.04'07'' N., long. 95 deg.37'21'' W.)
Topeka VORTAC
    (Lat. 39 deg.08'14'' N., long. 95 deg.32'51'' W.)

    That airspace extending upward from the surface within 1.8 miles 
each side of the Topeka VORTAC 219 deg. radial extending from the 4-
mile radius of Philip Billard Municipal Airport to the VORTAC and 
within 1.8 miles each side of the Philip Billard Municipal Airport 
ILS localizer southeast course extending from the 4-mile radius of 
Philip Billard Municipal Airport to 10 miles southeast of the 
airport.
* * * * *
    Issued in Kansas City, MO, on December 19, 1997.
Christopher R. Blum,
Acting Manager, Air Traffic Division, Central Region.
[FR Doc. 98-2217 Filed 1-28-98; 8:45 am]
BILLING CODE 4910-13-M