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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. 97-ACE-12]

Amendment to 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: This action amends the Class E airspace area at Philip Billard

Municipal Airport, KS. Global Positioning System (GPS) Runway (RWY) 13

and RWY 31. Instrument Landing System (ILS) RWY 13, Localizer

Backcourse (LOC BC) RWY 31, and VHF Omnidirectional Range (VOR) or GPS

RWY 22 Standard Instrument Approach Procedures (SIAPs) have been

developed to serve the Philip Billard Municipal Airport. The intended

effect of this action is to provide additional controlled airspace

extending upward from 700 feet Above Ground Level (AGL) to accommodate

these SIAPs, and to provide segregation of aircraft using instrument

approach procedures in instrument conditions from aircraft operating in

visual weather conditions at the Philip Billard Municipal Airport. The

enlarged area will contain the SIAPs in controlled airspace.

DATES: Effective date: 0901 UTC February 26, 1998.

Comment date: Comments must be received on or before November 15,

1997.

ADDRESSES: Send comments regarding the rule in triplicate to: Manager,

Airspace Branch, Air Traffic Division, ACE-520, Federal Aviation

Administration, Docket Number 97-ACE-12, 601 East 12th St., Kansas

City, MO 64106.

The official docket may be examined in the Office of the Assistant

Chief 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, Missouri 64106; telephone: (816) 426-3408.

SUPPLEMENTARY INFORMATION: The FAA has developed SIAPs utilizing the

GPS, ILS, LOC BC and VOR to serve the Philip Billard Municipal Airport,

Topeka, KS. The amendment to Class E airspace at Topeka, KS, will

provide additional controlled airspace at and above 700 feet AGL, to

contain the new SIAPs within controlled airspace and thereby facilitate

separation of aircraft operating under instrument flight rules (IFR).

The area will be depicted on appropriate aeronautical charts. Class E

airspace areas extending from 700 feet or more above the surface of the

earth are published in paragraph 6005 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 E airspace

designation 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, environmental, and energy-related

[[Page 53744]]

aspects of the rule 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.

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-12.'' The postcard will be date stamped and

returned to the commenter.

Agency Finds

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.

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) 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

Accordingly, the Federal Aviation Administration amends part 71 of

the Federal Aviation Regulations (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 Com., 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 6005 Class E airspace areas extending upward from 700

feet or more above the surface of the earth.

* * * * *

ACE KS E5 Topeka, Philip Billard Municipal Airport, KS [Revised]

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.)

That airspace extending upward from 700 feet above the surface

within a 6.5-mile radius of Philip Billard Municipal Airport and

within 3.4 miles each side of the 025 deg. radial of the Topeka

VORTAC extending from the 6.5-mile radius 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 August 29, 1997.

Christopher R. Blum,

Acting Manager, Air Traffic Division, Central Region.

[FR Doc. 97-27382 Filed 10-15-97; 8:45 am]

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