[Federal Register Volume 68, Number 27 (Monday, February 10, 2003)]
[Rules and Regulations]
[Pages 6606-6607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3266]



[[Page 6606]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2003-14347; Airspace Docket No. 03-ACE-4]


Modification of Class D Airspace; and Modification of 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: An examination of controlled airspace for Topeka, Philip 
Billard Municipal Airport, KS has revealed discrepancies in the Topeka, 
Forbes Field, KS airport reference point used in the legal descriptions 
for the Topeka, Philip Billard Municipal Airport, KS Class D airspace 
and the Class E airspace designated as a surface area. This action 
corrects those discrepancies by incorporating the current Topeka, 
Forbes Field, KS airport reference point in the Class D airspace and 
the Class E airspace designated as a surface area for Topeka, Philip 
Billard Municipal Airport, KS.

DATES: This direct final rule is effective on 0901 UTC, May 15, 2003.
    Comments for inclusion in the Rules Docket must be received on or 
before March 25, 2003.

ADDRESSES: Send comments on this proposal to the Docket Management 
System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh 
Street, SW., Washington, DC 20590-0001. You must identify the docket 
number FAA-2003-14347/Airspace Docket No. 03-ACE-4, at the beginning of 
your comments. You may also submit comments on the Internet at http://dms.dot.gov. You may review the public docket containing the proposal, 
any comments received, and any final disposition in person in the 
Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The Docket office (telephone 1-800-647-5527) is on 
the plaza level of the Department of Transportation NASSIF Building at 
the above address.

FOR FURTHER INFORMATION CONTACT: Kathy Randolph, Air Traffic Division, 
Airspace Branch, ACE-520A DOT Regional Headquarters Building, Federal 
Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: 
(816) 329-2525.

SUPPLEMENTARY INFORMATION: This amendment to 14 CFR 71 modifies Class D 
airspace and Class E airspace designated as a surface area at Topeka, 
Philip Billard Municipal Airport, KS. It also brings the legal 
descriptions of these airspace areas into compliance with FAA Order 
7400.2E, Procedures for Handling Airspace Matters. The areas will be 
depicted on appropriate aeronautical charts.
    Class D airspace areas are published in Paragraph 5000 of FAA Order 
7400.9K, dated August 30, 2002, and effective September 16, 2002, which 
is incorporated by reference in 14 CFR 71.1. Class E airspace areas 
designated as surface areas are published in Paragraph 6002 of the same 
FAA Order. 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. 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

    Interested parties are invited to participate in this rulemaking by 
submitting such written data, views, or arguments, as they may desire. 
Comments that provide the factual basis supporting the views and 
suggestions presented are particularly helpful in developing reasoned 
regulatory, aeronautical, economic, environmental, and energy-related 
aspects of the proposal. Communications should identify both docket 
numbers and be submitted in triplicate to the address listed above. 
Comments wishing the FAA to acknowledge receipt of their comments on 
this notice must submit with those comments a self-addressed, stamped 
postcard on which the following statement is made: ``Comments to Docket 
No. FAA-2003-14347/Airspace Docket No. 03-ACE-4.'' The postcard will be 
date/time stamped and returned to the commenter.

Agency Findings

    The regulations adopted herein will not have a substantial direct 
effect 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, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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 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 Comp., p. 389.


Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of Federal 
Aviation Administration Order 7400.9K, dated August 30, 2002, and 
effective September 16, 2002, is amended as follows:

Paragraph 5000 Class D Airspace

* * * * *

[[Page 6607]]

ACE KS D Topeka, Philip Billard Municipal Airport, KS

Topeka, Topeka, Philip Billard Municipal Airport, KS
    (Lat. 39[deg]04[min]07[sec]N., long. 95[deg]37[min]21[sec]W.)
Topeka, Forbes Field, KS
    (Lat. 38[deg]57[min]03[sec]N., long. 95[deg]39[min]49[sec]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 Director.
* * * * *

Paragraph 6002 Class E Airspace Designated as Surface Areas

* * * * *

ACE KS E2 Topeka, Forbes Field, KS

Topeka, Topeka, Philip Billard Municipal Airport, KS
    (Lat. 39[deg]04[min]07[sec]N., long. 95[deg]37[min]21[sec]W.)
Topeka, Forbes Field, KS
    (Lat. 38[deg]57[min]03[sec]N., long. 95[deg]39[min]49[sec]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. This Class E 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 by continuously 
published in the Airport/Facility Director.

* * * * *

    Issued in Kansas City, MO, on January 30, 2003.
Herman J. Lyons, Jr.
Manager, Air Traffic Division, Central Region.
[FR Doc. 03-3266 Filed 2-7-03; 8:45 am]
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