[Federal Register Volume 68, Number 27 (Monday, February 10, 2003)]
[Proposed Rules]
[Pages 6677-6678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3267]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2003-14348; Airspace Docket No. 03-ACE-5]


Proposed Establishment of Class E Surface Area Airspace; and 
Modification of Class D Airspace; Topeka, Forbes Field, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: 

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otice of proposed rulemaking.

SUMMARY: This notice proposes to create a Class E surface area at 
Topeka, Forbes Field, KS for those times when the air traffic control 
tower (ATCT) is closed. It also proposes to modify the Class D airspace 
at Topeka, Forbes Field, KS.

DATES: 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-2003-14348/Airspace Docket No. 03-ACE-5, 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-520C, DOT Regional Headquarters Building, Federal 
Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: 
(816) 329-2525.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed 
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 decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal. 
Communications should identify both docket numbers and be submitted in 
tiplicate 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-2003-14348/
Airspace Docket No. 03-ACE-5.'' The postcard will be date/time stamped 
and returned to the commenter.

[[Page 6678]]

Availability of NPRM's

    An electronic copy of this document may be downloaded through the 
Internet at http://dms.dot.gov. Recently published rulemaking documents 
can also be accessed through the FAA's Web page at http://www.faa.gov 
or the Superintendent of Document's Web page at http://www.access.gpo.gov/nara.
    Additionally, any person may obtain a copy of this notice by 
submitting a request to the Federal Aviation Administration, Office of 
Air Traffic Airspace Management, ATA-400, 800 Independence Avenue, SW., 
Washington, DC 20591, or by calling (202) 267-8783. Communications must 
identify both docket numbers for this notice. Persons interested in 
being placed on a mailing list for future NPRM's should contact the 
FAA's Office of Rulemaking (202) 267-9677, to request a copy of 
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution 
System, which describes the application procedure.

The Proposal

    The FAA is considering an amendment to part 71 of the Federal 
Aviation Regulations (14 CFR Part 71) by establishing Class E airspace 
designated as a surface area for an airport at Topkea, Forbes Field, 
KS. Controlled airspace extending upward from the surface of the earth 
is needed to contain aircraft executing instruments approach 
procedures. This airspace would be in effect during those times when 
the ATCT is closed. Weather observations would be provided by an 
Automated Surface Observing System (ASOS) and communications would be 
through the Wichita Automated Flight Service Station. The area would be 
depicted on appropriate aeronautical charts. The FAA is also 
considering modifying Class D airspace at Topeka, Forbes Field, KS. An 
examination of the Class D airspace for Topeka, Forbes Field, KS has 
revealed a discrepancy in the airport reference point used for the 
Class D airspace legal description. This proposal would correct that 
discrepancy by incorporating the current airport reference point in the 
Class D airspace for Topeka, Forbes Field, KS.
    Class E airspace areas designed as surface areas are published in 
Paragraph 6002 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 D airspace areas are published in Paragraph 5000 of the 
same FAA Order.
    The FAA has determined that this proposed regulation only involves 
an established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
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 
will only affect air traffic procedures and air navigation, it is 
certified that this rule, when promulgated, will not have a significant 
economic impact 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).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 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, Airspace Designations and 
Reporting Points, dated August 30, 2002, and effective September 16, 
2002, is amended as follows:

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

ACE KS E2--Topeka, Forbes Field, KS

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

    Within a 4.6-mile radius of Forbes Field. 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 be continuously published in the Airport/Facility 
Directory.
* * * * *

Paragraph 5000 Class D Airspace.

* * * * *

ACE KS D--Topeka, Forbes Field, KS

Topeka, Forbes Field, 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 4.6-mile radius of Forbes Field. 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.
* * * * *

    Issued in Kansas City, MO, on January 27, 2003.
Herman J. Lyons, Jr.
Manager, Air Traffic Division, Central Region.
[FR Doc. 03-3267 Filed 2-7-03; 8:45 am]
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