[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]
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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
