[Federal Register Volume 88, Number 24 (Monday, February 6, 2023)]
[Rules and Regulations]
[Pages 7580-7583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02406]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1557; Airspace Docket No. 22-ACE-21]
RIN 2120-AA66


Amendment of Class D and E Airspace and Revocation of Class E 
Airspace; Topeka, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Class D and E airspace and revokes 
Class E airspace at Topeka, KS. These actions are the result of 
biennial airspace reviews. The name of Topeka Regional Airport, Topeka, 
KS, and the geographic coordinates of Philip Billard Municipal Airport, 
Topeka, KS, are also being updated to coincide with the FAA's 
aeronautical database.

DATES: Effective 0901 UTC, April 20, 2023. The Director of the Federal 
Register approves this incorporation by reference action under 1 CFR 
part 51, subject to the annual revision of FAA Order JO 7400.11 and 
publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11G, Airspace Designations and Reporting 
Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, you can contact the

[[Page 7581]]

Airspace Policy Group, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation 
Administration, Operations Support Group, Central Service Center, 10101 
Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5711.

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority. This rulemaking is promulgated under the authority described 
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, 
the FAA is charged with prescribing regulations to assign the use of 
airspace necessary to ensure the safety of aircraft and the efficient 
use of airspace. This regulation is within the scope of that authority 
as it amends the Class D airspace, the Class E surface airspace, and 
the Class E airspace extending upward from 700 feet above the surface 
at Topeka Regional Airport, Topeka, KS, and Philip Billard Municipal 
Airport, Topeka, KS, and removes the Class E airspace designated as an 
extension to Class D and Class E surface airspace areas at Philip 
Billard Municipal Airport to support instrument flight rule operations 
at these airports.

History

    The FAA published a notice of proposed rulemaking (NPRM) in the 
Federal Register (87 FR 75533; December 9, 2022) for Docket No. FAA-
2022-1557 to amend the Class D and E airspace and revoke Class E 
airspace at Topeka, KS. Interested parties were invited to participate 
in this rulemaking effort by submitting written comments on the 
proposal to the FAA. No comments were received.
    Class D and E airspace designations are published in paragraphs 
5000, 6002, 6004, and 6005 of FAA Order JO 7400.11G, dated August 19, 
2022, and effective September 15, 2022, which is incorporated by 
reference in 14 CFR 71.1. The Class D and E airspace designations 
listed in this document will be published subsequently in FAA Order JO 
7400.11.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11G, Airspace Designations 
and Reporting Points, dated August 19, 2022, and effective September 
15, 2022. FAA Order JO 7400.11G is publicly available as listed in the 
ADDRESSES section of this document. FAA Order JO 7400.11G lists Class 
A, B, C, D, and E airspace areas, air traffic service routes, and 
reporting points.

Differences From the NPRM

    Vertical limits were inadvertently included in the airspace legal 
descriptions for the Class E surface airspace at Topeka Regional 
Airport, Topeka, KS, and Philip Billard Municipal Airport, Topeka, KS. 
The vertical limits were not included in The Proposal of the NPRM, and 
the vertical limits are not part of the current airspace legal 
descriptions. Accordingly there is no impact on the airspace, and the 
vertical limits are not included in this action.

The Rule

    This amendment to 14 CFR part 71:
    Amends the Class D airspace at Topeka Regional Airport, Topeka, KS, 
by removing the Forbes Field Airport ILS and RIPLY LOM and the 
associated extensions from the airspace legal description; updates the 
header of the airspace legal description from ``Topeka, Forbes Field 
Airport, KS'' to ``Topeka, KS'' to comply with changes to FAA Order JO 
7400.2N, Procedures for Handling Airspace Matters; removes the city 
associated with the airport in the airspace legal description to comply 
with changes to FAA Order JO 7400.2N; updates the name of the airport 
(previously Forbes Field Airport) to coincide with the FAA's 
aeronautical database; and replaces the outdated terms ``Notice to 
Airmen'' with ``Notice to Air Missions'' and ``Airport/Facility 
Directory'' with ``Chart Supplement'';
    Amends the Class D airspace at Philip Billard Municipal Airport by 
adding an extension 1 mile each side of the 002[deg] bearing from the 
airport extending from the 4-mile radius of the airport to 4.1 miles 
north of the airport; adds an extension 1 mile each side of the 
134[deg] bearing from the Philip Billard Muni: RWY 13-LOC extending 
from the 4-mile radius of the airport to 4.1 miles southeast of the 
Philip Billard Muni: RWY 13-LOC; adds an extension 1 mile each side of 
the 314[deg] bearing from the airport extending from the 4-mile radius 
of the airport to 4.2 miles northwest of the airport; updates the 
header of the airspace legal description from ``Topeka, Philip Billard 
Municipal Airport, KS'' to ``Topeka, KS'' to comply with changes to FAA 
Order JO 7400.2N; removes the city associated with the airport to 
comply with changes to FAA Order JO 7400.2N; updates the geographic 
coordinates of the airport to coincide with the FAA's aeronautical 
database; removes Forbes Field, KS, from the airspace legal description 
as it is not required; and replaces the outdated terms ``Notice to 
Airmen'' with ``Notice to Air Missions'' and ``Airport/Facility 
Directory'' with ``Chart Supplement'';
    Amends the Class E surface airspace at Topeka Regional Airport by 
removing the Forbes Field Airport ILS and RIPLY LOM and the associated 
extensions from the airspace legal description; updates the header of 
the airspace legal description from ``Topeka, Forbes Field Airport, 
KS'' to ``Topeka, KS'' to comply with changes to FAA Order JO 7400.2N; 
removes the city associated with the airport in the airspace legal 
description to comply with changes to FAA Order JO 7400.2N; updates the 
name of the airport (previously Forbes Field Airport) to coincide with 
the FAA's aeronautical database; and adds missing part-time language to 
the airspace legal description;
    Amends the Class E surface airspace at Philip Billard Municipal 
Airport by adding an extension 1 mile each side of the 002[deg] bearing 
from the airport extending from the 4-mile radius of the airport to 4.1 
miles north of the airport; adds an extension 1 mile each side of the 
134[deg] bearing from the Philip Billard Muni: RWY 13-LOC extending 
from the 4-mile radius of the airport to 4.1 miles southeast of the 
Philip Billard Muni: RWY 13-LOC; adds an extension 1 mile each side of 
the 314[deg] bearing from the airport extending from the 4-mile radius 
of the airport to 4.2 miles northwest of the airport; updates the 
header of the airspace legal description from ``Topeka, Philip Billard 
Municipal Airport, KS'' to ``Topeka, KS'' to comply with changes to FAA 
Order JO 7400.2N; removes the city associated with the airport to 
comply with changes to FAA Order JO 7400.2N; updates the geographic 
coordinates of the airport to coincide with the FAA's aeronautical 
database; removes Forbes Field, KS, from the airspace legal description 
as it is not required; and replaces the outdated terms ``Notice to 
Airmen'' with ``Notice to Air Missions'' and ``Airport/Facility 
Directory'' with ``Chart Supplement'';
    Removes the Class E airspace designated as an extension to Class D 
and Class E surface airspace area at Philip Billard Municipal Airport 
as it is no longer required;

[[Page 7582]]

    Amends the Class E airspace extending upward from 700 feet above 
the surface at Topeka Regional Airport by removing the Forbes Field ILS 
and associated extension from the airspace legal description; adds an 
extension 1 mile each side of the 040[deg] bearing from the airport 
extending from the 7.4-mile radius of the airport to 12.8 miles 
northeast of the airport; adds an extension 3.9 miles each side of the 
Forbes TACAN 124[deg] radial extending from the 7.4-mile radius of the 
airport to 10.4 miles southwest of the Forbes TACAN; adds an extension 
1 mile each side of the 220[deg] bearing from the airport extending 
from the 7.4-mile radius of the airport to 12.8 miles southwest of the 
airport; updates the header of the airspace legal description from 
``Topeka, Forbes Field Airport, KS'' to ``Topeka, KS'' to comply with 
changes to FAA Order JO 7400.2N; removes the city associated with the 
airport in the airspace legal description to comply with changes to FAA 
Order JO 7400.2N; updates the name of the airport (previously Forbes 
Field Airport) to coincide with the FAA's aeronautical database;
    And amends the Class E airspace extending upward from 700 feet 
above the surface at Philip Billard Municipal Airport by removing the 
Topeka VORTAC, BILOY LOM, and Philip Billard Municipal Airport ILS 
Localizer and the associated extensions from the airspace legal 
description; adds an extension 1.5 miles each side of the 134[deg] 
bearing from the Philip Billard Muni: RWY 13-LOC extending from the 
6.5-mile radius of the airport to 8.1 miles southeast of the Philip 
Billard Muni: RWY 13-LOC; adds an extension 3.8 miles each side of the 
314[deg] bearing from the Philip Billard Muni: RWY 13-LOC extending 
from the 6.5-mile radius of the airport to 10.9 miles northwest of the 
Philip Billard Muni: RWY 13-LOC; updates the header of the airspace 
legal description from ``Topeka, Philip Billard Municipal Airport, KS'' 
to ``Topeka, KS'' to comply with changes to FAA Order JO 7400.2N; 
removes the city associated with the airport to comply with changes to 
FAA Order JO 7400.2N; updates the geographic coordinates of the airport 
to coincide with the FAA's aeronautical database.
    This action is necessary due to biennial airspace reviews.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points, 
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an 
established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current, is 
non-controversial and unlikely to result in adverse or negative 
comments. It, therefore: (1) is not a ``significant regulatory action'' 
under Executive Order 12866; (2) is not a ``significant rule'' under 
DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 
1979); and (3) does not warrant preparation of a regulatory evaluation 
as the anticipated impact is so minimal. Since this is a routine matter 
that only affects air traffic procedures and air navigation, it is 
certified that this rule, when promulgated, does not have a significant 
economic impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1F, ``Environmental Impacts: Policies and 
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected 
to cause any potentially significant environmental impacts, and no 
extraordinary circumstances exist that warrant preparation of an 
environmental assessment.

List of Subjects in 14 CFR 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR 
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as 
follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 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 FAA Order JO 
7400.11G, Airspace Designations and Reporting Points, dated August 19, 
2022, and effective September 15, 2022, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ACE KS D Topeka, KS [Amended]

Topeka Regional Airport, KS
    (Lat. 38[deg]57'03'' N, long. 95[deg]39'49'' W)

    That airspace extending upward from the surface to and including 
3,600 feet MSL within a 4.9-mile radius of Topeka Regional Airport. 
This Class D airspace area is effective during the specific dates 
and times established in advance by a Notice to Air Missions. The 
effective dates and times will thereafter be continuously published 
in the Chart Supplement.

ACE KS D Topeka, KS [Amended]

Philip Billard Municipal Airport, KS
    (Lat. 39[deg]04'08'' N, long. 95[deg]37'21'' W)
Philip Billard Muni: RWY 13-LOC
    (Lat. 39[deg]03'47'' N, long. 95[deg]36'42'' 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 Regional Airport, 
Topeka, KS, Class D and Class E surface airspace areas; and within 1 
mile each side of the 002[deg] bearing from the airport extending 
from the 4-mile radius to 4.1 miles north of the airport; and within 
1 mile each side of the 134[deg] bearing from the Philip Billard 
Muni: RWY 13-LOC extending from the 4-mile radius of the airport to 
4.1 miles southwest of the Philip Billard Muni: RWY 13-LOC; and 
within 1 mile each side of the 314[deg] bearing from the airport 
extending from the 4-mile radius of the airport to 4.2 miles 
northwest of the airport. This Class D airspace area is effective 
during the specific dates and times established in advance by a 
Notice to Air Missions. The effective dates and times will 
thereafter be continuously published in the Chart Supplement.

Paragraph 6002 Class E Airspace Areas Designated as Surface Areas.

* * * * *

ACE KS E2 Topeka, KS [Amended]

Topeka Regional Airport, KS
    (Lat. 38[deg]57'03'' N, long. 95[deg]39'49'' W)

    That airspace extending upward from the surface within a 4.9-
mile radius of Topeka Regional Airport. This Class E airspace area 
is effective during the specific dates and times established in 
advance by a Notice to Air Missions. The effective dates and times 
will thereafter be continuously published in the Chart Supplement.

ACE KS E2 Topeka, KS [Amended]

Philip Billard Municipal Airport, KS
    (Lat. 39[deg]04'08'' N, long. 95[deg]37'21'' W)
Philip Billard Muni: RWY 13-LOC
    (Lat. 39[deg]03'47'' N, long. 95[deg]36'42'' W)

    That airspace extending upward from the surface within a 4-mile 
radius of Philip Billard Municipal Airport, excluding that airspace 
within the Topeka Regional Airport, Topeka, KS, Class D and Class E 
surface airspace areas; and within 1 mile each side of the 002[deg] 
bearing from the airport extending from the 4-mile radius to 4.1 
miles north of the airport; and within 1 mile each side of the 
134[deg] bearing from the Philip Billard Muni: RWY 13-LOC extending 
from the 4-mile radius of the airport to 4.1 miles southwest of the 
Philip Billard Muni: RWY 13-LOC; and within 1 mile each side of the 
314[deg] bearing from the airport extending from the 4-mile radius 
of the airport to 4.2 miles

[[Page 7583]]

northwest of the airport. This Class E airspace area is effective 
during the specific dates and times established in advance by a 
Notice to Air Missions. The effective dates and times will 
thereafter be continuously published in the Chart Supplement.

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 [Remove]

Paragraph 6005 Class E Airspace Areas Extending Upward From 700 
Feet or More Above the Surface of the Earth.

* * * * *

ACE KS E5 Topeka, KS [Amended]

Topeka Regional Airport, KS
    (Lat. 38[deg]57'03'' N, long. 95[deg]39'49'' W)
Forbes TACAN
    (Lat. 38[deg]56'51'' N, long. 95[deg]39'40'' W)

    That airspace extending upward from 700 feet above the surface 
within a 7.4-mile radius of Topeka Regional Airport; and within 1 
mile each side of the 040[deg] bearing from the airport extending 
from the 7.4-mile radius of the airport to 12.8 miles northeast of 
the airport; and within 3.9 miles each side of the Forbes TACAN 
124[deg] radial extending from the 7.4-mile radius of the airport to 
10.4 miles southeast of the Forbes TACAN; and within 1 mile each 
side of the 220[deg] bearing from the airport extending from the 
7.4-mile radius of the airport to 12.8 miles southwest of the 
airport.

ACE KS E5 Topeka, KS [Amended]

Philip Billard Municipal Airport, KS
    (Lat. 39[deg]04'08'' N, long. 95[deg]37'21'' W)
Philip Billard Muni: RWY 13-LOC
    (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 Philip Billard Municipal Airport; and 
within 1.5 miles each side of the 134[deg] bearing from the Philip 
Billard Muni: RWY 13-LOC extending from the 6.5-mile radius of the 
airport to 8.1 miles southeast of the Philip Billard Muni: RWY 13-
LOC; and within 3.8 miles each side of the 314[deg] bearing from the 
Philip Billard Muni: RWY 13-LOC extending from the 6.5-mile radius 
of the airport to 10.9 miles from the Philip Billard Muni: RWY 13-
LOC.

    Issued in Fort Worth, Texas, on February 1, 2023.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2023-02406 Filed 2-3-23; 8:45 am]
BILLING CODE 4910-13-P


