[Federal Register Volume 68, Number 218 (Wednesday, November 12, 2003)]
[Rules and Regulations]
[Pages 63985-63986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28258]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2003-16407; Airspace Docket No. 03-ACE-75]


Modification of Class D Airspace; and Modification of Class E 
Airspace; Topeka, Philip Billard Municipal Airport, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: Area Navigation (RNAV) Global Positioning System (GPS) 
Standard Instrument Approach Procedures (SIAPs) have been developed to 
serve Philip Billard Municipal Airport, Topeka, KS. Also, the existing 
VHF Omni-directional Range (VOR)/Distance Measuring Equipment (DME) 
Runway (RWY) 22 SIAP serving Philip Billard Municipal Airport has been 
amended. An examination of controlled airspace for Topeka, Philip 
Billard Municipal Airport, KS revealed discrepancies in the legal 
descriptions for the Class D and Class E airspace areas.
    The intended effect of this rule is to provide controlled airspace 
of appropriate dimensions to protect aircraft executing SIAPs to Philip 
Billard Municipal Airport. It also corrects discrepancies in the legal 
descriptions to Topeka, Philip Billard Municipal Airport, KS Class D 
and Class E airspace areas and brings the airspace areas and legal 
descriptions into compliance with FAA Orders.

DATES: This direct final rule is effective on 0901 UTC, February 19, 
2004. Comments for inclusion in the Rules Docket must be received on or 
before December 12, 2003.

ADDRESSES: Send comments on this proposal to the Docket Management 
System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh 
Street, SW., Washington, DC 20590-0001. You must identify the docket 
number FAA-2003-16407/Airspace Docket No. 03-ACE-75, at the beginning 
of your comments. You may also submit comments on the Internet at 
http://dms.dot.gov. You may review the public docket containing the 
proposal, any comments received, and any final disposition in person in 
the Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Office (telephone 1-800-647-5527) 
is on the plaza level of the Department of Transportation NASSIF 
Building at the above address.

FOR FURTHER INFORMATION CONTACT: Kathy Randolph, Air Traffic Division, 
Airspace Branch, AC-520C, DOT Regional Headquarters Building, Federal 
Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: 
(816) 329-2525.

SUPPLEMENTARY INFORMATION: This amendment to 14 CFR 71 modifies the 
Class D airspace area and the Class E airspace area extending upward 
from 700 feet above the surface at Topeka, Philip Billard Municipal 
Airport, KS. RNAV (GPS) ORIGINAL SIAPs for RWYs 4, 13, 18, 22, 31 and 
36 VOR/DME RWY 22, AMENDMENT 21, SIAP have been developed to serve 
Philip Billard Municipal Airport. Existing controlled airspace at 
Topeka, Philip Billard Municipal Airport, KS is adequate to contain 
aircraft executing the new RNAV (GPS) approach procedures. However, the 
Class E airspace areas extending upward from 700 feet above the Surface 
must be tailored to protect aircraft executing the amended VOR/DME RWY 
22 SIAP. An examination of controlled airspace for Topeka, KS revealed 
discrepancies in the legal descriptions for to Topeka, KS Class D and 
Class E airspace areas. This action corrects the discrepancies and 
brings the airspace areas and their legal descriptions into compliance 
with FAA Order 7400.2E, Procedures for Handling Airspace Matters. The 
areas will be depicted on appropriate aeronautical charts. Class D 
airspace are published in paragraph 5000 of FAA Order 7400.9L, dated 
September 2, 2003, and effective September 16, 2003, which is 
incorporated by reference in 14 CFR 71.1 Class E airspace areas 
extending upward from 700 feet or more above the surface of the earth 
are published in paragraph 6005 of the same FAA Order. 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. 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

    Interested parties are invited to participate in this 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 and be submitted in triplicate to the address 
listed above. Commenters wishing the FAA to acknowledge receipt of 
their comments on this notice must submit with those comments a self-
addressed, stamped postcard on which the following statement is made: 
``Comments to Docket No. FAA-2003-16407/Airspace Docket No. 03-ACE-
75.'' The postcard will be date/time stamped and returned to the 
commenter.

Agency Findings

    The regulations adopted herein will not have a substantial direct 
effect 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, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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

[[Page 63986]]

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) if promulgated, 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

0
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

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

    Authority: 49 U.S.C. 106(g), 60103, 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 Federal Aviation 
Administration Order 7400.9L, dated September 2, 2003, and effective 
Septebmer 16, 2003, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ACE KS D Topeka, Philip Billard Municipal Airport, KS

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]57'03'' N., long. 95[deg]39'49'' 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 6005 Class E airspace areas extending upward from 700 
feet or more above the surface of the earth.

* * * * *

ACE KS ES Topeka, Philip Billard Municipal Airport, KS

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]32'57'' W.)
BILOY LOM
    (Lat. 39[deg]07'13'' N., long. 95[deg]41'14'' W.)
Philip Billard Municipal Airport ILS Localizer
    (Lat. 39[deg]03'47'' N., long. 95[deg]36'42'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.5-mile radius of Topeka, Philip Billard Municipal Airport 
and within 3.4 miles each side of the 030[deg] radial of the Topeka 
VORTAC extending from the 6.5-mile radius of the airport to 5.6 
miles northeast of the VORTAC and within 4 miles southwest and 7 
miles northeast of the Philip Billard Municipal Airport ILS 
localizer course extending from 15 miles southeast of the airport to 
12 miles northwest of BILOY LOM.
* * * * *

    Issued in Kansas City, MO on October 28, 2003.
Paul J. Sheridan
Acting Manager, Air Traffic Division, Central Region.
[FR Doc. 03-28258 Filed 11-10-03; 8:45 am]
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