Amendment to Class E Airspace; Topeka, Forbes Field, KS

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

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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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