[Federal Register Volume 63, Number 33 (Thursday, February 19, 1998)]
[Rules and Regulations]
[Pages 8342-8343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3968]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Airspace Docket No. 98-ACE-1]
Amendment to 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: This action amends the Class E airspace area at Topeka, Forbes
Field, KS. A review of the Class E airspace for Forbes Field indicates
it does not meet the criteria for 700 feet Above Ground Level (AGL)
airspace required for diverse departures as specified in FAA Order
7400.2D. The area has been enlarged to conform to the criteria of FAA
Oder 7400.2D. The intended effect on this rule is to comply with the
criteria of FAA Order 7400.2D and to provide controlled Class E
airspace for aircraft operating under Instrument Flight Rules.
DATES: Effective date: 0901 UTC, June 18, 1998.
Comment date: Comments for inclusion in the Rules Docket must be
received on or before March 23, 1998.
ADDRESSES: Send comments regarding the rule in triplicate to: Manager,
Airspace Branch, Air Traffic Division, ACE-520, Federal Aviation
Administration, Docket Number 98-ACE-1, 601 East 12th Street, Kansas
City, MO 64106.
The official docket may be examined in the Office of the Regional
Counsel for the Central Region at the same address between 9:00 a.m.
and 3:00 p.m., Monday through Friday, except Federal holidays.
An informal docket may also be examined during normal business
hours in the Air Traffic Division at the same address listed above.
FOR FURTHER INFORMATION CONTACT: Kathy Randolph, Air Traffic, Division,
Airspace Branch, ACE-520C, Federal Aviation Administration, 601 East
12th Street, Kansas City, MO 64106; telephone (816) 426-3408.
SUPPLEMENTARY INFORMATION: This amendment to 14 CFR part 71 revises the
Class E airspace at Topeka, Forbes Field, KS. A review of the Class E
airspace for Topeka, Forbes Field indicates it does not meet the
criteria for 700 feet AGL airspace required for diverse departures as
specified in FAA Order 7400.2D. The criteria in FAA Order 7400.2D for
an aircraft to reach 1200 feet AGL, is based on a standard climb
gradient of 200 feet per mile, plus the distance from the Airport
Reference Point (ARP) to the end of the outermost runway. Any
fractional part of a mile is converted to the next higher tenth of a
mile. The amendment to Class E airspace at Topeka, Forbes Field, KS,
will meet the criteria of FAA Order 7400.2D, provide additional
controlled airspace at and above 700 feet AGL, and thereby facilitate
separation of aircraft operating under Instrument Flight Rules. The
area will be depicted on appropriate aeronautical charts. Class E
airspace areas extending upward from 700 feet or more above the surface
of the earth are published in paragraph 6005 of FAA Order 7400.9E,
dated September 10, 1997, and effective September 16, 1997, which is
incorporated by reference in 14 CFR 71.1. The Class E airspace
designation 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
[[Page 8343]]
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. The amendment will enhance safety for all flight operations
by designating an area where VFR pilots may anticipate the presence of
IFR aircraft at lower altitudes, especially during inclement weather
conditions. A greater degree of safety is achieved by depicting the
area on aeronautical charts. 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 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
Although this action is in the form of a final rule and was not
preceded by a notice of proposed rulemaking, comments are invited on
this rule. Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments as they may desire.
Communications should identify the Rules Docket number and be submitted
in triplicate to the address specified under the caption ADDRESSES. All
communications received on or before the closing date for comments will
be considered, and this rule may be amended or withdrawn in light of
the comments received. Factual information that supports the
commenter's ideas and suggestions is extremely helpful in evaluating
the effectiveness of this action and determining whether additional
rulemaking action would be needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy-related aspects of the rule that
might suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
action will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket No. 98-ACE-1''. The postcard will be date stamped and
returned to the commenter.
Agency Findings
The regulations adopted herein will not have substantial direct
effects 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, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
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 7400.9E, Airspace Designations and
Reporting Points, dated September 10, 1997, and effective September 16,
1997, is amended as follows:
Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.
* * * * *
ACE KS E5 Topeka, Forbes Field, KS [Revised]
Topeka, Forbes Field, KS
(Lat. 38 deg.57'01''N., long. 95 deg.39'51''W.)
Topeka VORTAC
(Lat. 39 deg.08'14''N., long. 95 deg.32'57''W.)
That airspace extending upward from 700 feet above the surface
within a 7.2-mile radius of Forbes Field Airport and within 3.1
miles each side of the Forbes Field ILS localizer course extending
from the 7.2-mile radius to 13 miles southeast of the airport and
within 3.5 miles each side of the Forbes Field ILS localizer course
extending from the 7.2-mile radius to 13 miles northwest of the
airport and within 3 miles each side of the 206 deg. radial of the
Topeka VORTAC extending from the 7.2-mile radius to 7.4 miles
southwest of the airport.
* * * * *
Issued in Kansas City, MO, on January 9, 1998.
Christopher R. Blum,
Acting Manager, Air Traffic Division, Central Region.
[FR Doc. 98-3968 Filed 2-18-98; 8:45 am]
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