[Federal Register Volume 62, Number 200 (Thursday, October 16, 1997)]
[Rules and Regulations]
[Pages 53743-53744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27382]


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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]
BILLING CODE 4910-13-M