[Federal Register Volume 68, Number 70 (Friday, April 11, 2003)]
[Rules and Regulations]
[Pages 17729-17730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8568]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2002-14348; Airspace Docket No. 03-ACE-5]


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

EFFECTIVE DATE: 0901 UTC, May 15, 2003.

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:

History

    On Monday, February 10, 2003, the FAA proposed to amend 14 CFR part 
71 to establish a Class E surface area and to modify Class D airspace 
at Topeka, Forbes Field, KS (68 FR 6677). The proposal was to establish 
a Class E surface area at Topeka, Forbes Field, KS for those times when 
the air traffic

[[Page 17730]]

control tower (ATCT) is closed. It also proposed to modify the Class D 
airspace and its legal description by incorporating the revised Topeka, 
Forbes Field, KS airport reference point. Interested parties were 
invited to participate in this rulemaking proceeding by submitting 
written comments on the proposal to the FAA. No comments objecting to 
the proposal were received.
    Class E airspace areas designated 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 Class E and Class D airspace designations listed in 
this document will be published subsequently in the Order.

The Rule

    This amendment to part 71 of the Federal Aviation Regulations (14 
CFR part 71) establishes a Class E surface area at Topeka, Forbes 
Field, KS to provide adequate controlled airspace for aircraft 
executing instrument flight procedures. It also modifies the legal 
description of Class D airspace at Topeka, Forbes Field, KS. The areas 
will be depicted on appropriate aeronautical charts.
    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. 
Therefore, this regulation--(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).

Adoption of the Amendment

0
In consideration of the foregoing, 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

0
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]

0
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.)

    This 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 March 28, 2003.
Paul J. Sheridan,
Acting Manager, Air Traffic Division, Central Region.
[FR Doc. 03-8568 Filed 4-10-03; 8:45 am]
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