[Federal Register Volume 70, Number 132 (Tuesday, July 12, 2005)]
[Rules and Regulations]
[Pages 39914-39915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13645]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-205-21703; Airspace Docket No. 05-ACE-19]


Modification of Legal Description of the Class D and Class E 
Airspace; Topeka, Forbes Field, 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, Forbes 
Field, KS has revealed discrepancies in the airport reference point 
used in the legal description for the Class E airspace designated as a 
surface area. This action corrects that discrepancy by incorporating 
the current airport reference point in the Class E surface area for 
Topeka, Forbes Field, KS. This action also removes references to 
effective dates and times established in advance by a Notice to Airmen 
from the legal descriptions for Class D, Class E2 and Class E4 
airspace. The effective dates and times are now continuously published 
in the Airport/Facility Directory.

DATES: This direct final rule is effective on 0901 UTC, October 27, 
2005. Comments for inclusion in the Rules Docket must be received on or 
before July 29, 2005.

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-2005-21703/Airspace Docket No. 05-ACE-19, 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: Brenda Mumper, Air Traffic Division, 
Airspace Branch, ACE-520A, DOT Regional Headquarters Building, Federal 
Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: 
(816) 329-2524.

SUPPLEMENTARY INFORMATION: This amendment to 14 CFR part 71 modifies 
the legal description for Class D airspace and Class E airspace 
designated as a surface area at Topeka, Forbes Field, KS to contain 
Instrument Flight Rule (IFR) operations in controlled airspace. The 
areas are depicted on appropriate aeronautical charts. Class D airspace 
areas are published in paragraph 5000 of FAA Order 7400.9M. Airspace 
Designation and Reporting Points, dated August 30, 2004, and effective 
September 16, 2004, which is incorporated by reference in 14 CFR 71.1. 
Class E airspace areas designated as surface areas are published in 
Paragraph 6002 and 6004 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

[[Page 39915]]

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 new comment period.

Comment 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 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 triplicate to the address 
listed above. Commenters 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-2005-21703/Airspace Docket No. 05-ACE-
19.'' 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 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.
    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 the 
airspace necessary to ensure the safety of aircraft and the efficient 
use of airspace. This regulation is within the scope of that authority 
since it contains aircraft executing instrument approach procedures to 
Forbes Field.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
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; 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 7400.9M, dated August 30, 2004, and effective 
September 16, 2004, is amended as follows:

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.
* * * * *
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.
* * * * *
Paragraph 6004 Class E Airspace Areas Designated as an Extension to 
a Class D or Class E Surface Area.
* * * * *

ACE KS E4 Topeka, Forbes Field, KS

Topeka, Forbes Field, KS
    (Lat. 38[deg]57'03'' N., long. 95[deg]39'49'' W.)
RIPLY LOM
    (Lat. 38[deg]53'06'' N., long. 95[deg]34'53'' W.)

    That airspace extending upward from the surface within 2.2 miles 
each side of the RIPLY LOM 317[deg] bearing extending from the 4.6-
mile radius of Forbes Field to 5.3 miles northwest of the airport 
and within 1.8 miles each side of Forbes Field ILS localizer 
southeast course extending from the 4.6-mile radius of Forbes Field 
to 0.9 miles southeast of the LOM excluding that airspace in the 
Topeka, Philip Billard Airport, KS, Class D airspace area.
* * * * *

    Issued in Kansas City, MO, on June 28, 2005.
Elizabeth S. Wallis,
Acting Area Director, Western Flight Services Operations.
[FR Doc. 05-13645 Filed 7-11-05; 8:45 am]
BILLING CODE 4910-13-M