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

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.

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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