[Federal Register Volume 74, Number 199 (Friday, October 16, 2009)]
[Rules and Regulations]
[Pages 53160-53161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24618]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0404; Airspace Docket No. 09-ACE-5]


Amendment of Class D and Class E Airspace; Topeka, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class D and Class E airspace at Forbes 
Field Airport, Topeka, KS. Additional controlled airspace is necessary 
to accommodate new Standard Instrument Approach Procedures (SIAPs) at 
Forbes Field Airport, Topeka, KS. This action also incorporates the 
Class E extensions to Class D airspace at Forbes Field Airport into the 
Class D surface area. The FAA is taking this action to enhance the 
safety and management of Instrument Flight Rule (IFR) operations at 
Forbes Field Airport.

DATES: 0901 UTC, December 17, 2009. The Director of the Federal 
Register approves this incorporation by reference action under 1 CFR 
Part 51, subject to the annual revision of FAA Order 7400.9 and 
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center, 
Operations Support Group, Federal Aviation Administration, Southwest 
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

History

    On July 30, 2009, the FAA published in the Federal Register a 
notice of proposed rulemaking to amend Class D and Class E airspace at 
Topeka, KS (74 FR 37968, Docket No. FAA-2009-0404). Interested parties 
were invited to participate in this rulemaking effort by submitting 
written comments on the proposal to the FAA. No comments were received. 
Class D airspace designations are published in paragraph 5000 of FAA 
Order 7400.9T signed August 27, 2009, and effective September 15, 2009, 
which is incorporated by reference in 14 CFR 71.1. Class E airspace 
designations are published in paragraph 6002 of FAA Order 7400.9T 
signed August 27, 2009, and effective September 15, 2009, which is 
incorporated by reference in 14 CFR 71.1. The Class D and Class E 
airspace designations listed in this document will be published 
subsequently in the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
Part 71 by amending Class D and Class E airspace at Forbes Field 
Airport, Topeka, KS, for the safety and management of IFR operations at 
the airport. The Class E surface area designated as an extension to a 
Class D surface area will be added to the Class D airspace area.
    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

[[Page 53161]]

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.
    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes 
the authority of the FAA Administrator. Subtitle VII, Aviation 
Programs, describes in more detail the scope of the agency's authority. 
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 
airspace necessary to ensure the safety of aircraft and the efficient 
use of airspace. This regulation is within the scope of that authority 
as it amends controlled airspace at Forbes Field Airport, Topeka, KS.

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, B, C, D, AND E AIRSPACE AREAS; AIR 
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR 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 Part 71.1 of the Federal 
Aviation Administration Order 7400.9T, Airspace Designations and 
Reporting Points, signed August 27, 2009, and effective September 15, 
2009, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ACE KS D Topeka, Forbes Field Airport, KS [Amended]

Topeka, Forbes Field Airport, KS
    (Lat. 38[deg]57[min]03[sec] N., long. 95[deg]39[min]49[sec] W.)
Topeka, Forbes Field Airport ILS
    (Lat. 38[deg]58[min]04[sec] N., long. 95[deg]40[min]50[sec] W.)
RIPLY LOM
    (Lat. 38[deg]53[min]06[sec] N., long. 95[deg]34[min]53[sec] W.)

    That airspace extending upward from the surface to and including 
3,600 feet MSL within a 4.9-mile radius of Forbes Field Airport, and 
within 2.2 miles each side of the RIPLY LOM 317[deg] bearing 
extending from the 4.9-mile radius to 5.3 miles northwest of the 
airport and within 1.8 miles each side of the Forbes Field Airport 
ILS Localizer southeast course extending from the 4.9-mile radius to 
0.9 miles southeast of the RIPLY LOM. This Class D airspace area is 
effective during the specific dates and times established in advance 
by a Notice to Airmen. The effective dates and times will thereafter 
be continuously published in the Airport/Facility Directory.

Paragraph 6002 Class E Airspace Designated as Surface Areas

* * * * *

ACE KS E2 Topeka, Forbes Field Airport, KS [Amended]

Topeka, Forbes Field Airport, KS
    (Lat. 38[deg]57[min]03[sec] N., long. 95[deg]39[min]49[sec] W.)
Topeka, Forbes Field Airport ILS
    (Lat. 38[deg]58[min]04[sec] N., long. 95[deg]40[min]50[sec] W.)
RIPLY LOM
    (Lat. 38[deg]53[min]06[sec] N., long. 95[deg]34[min]53[sec] W.)

    Within a 4.9-mile radius of Forbes Field Airport, and within 2.2 
miles each side of the RIPLY LOM 317[deg] bearing extending from the 
4.9-mile radius to 5.3 miles northwest of the airport and within 1.8 
miles each side of the Forbes Field Airport ILS Localizer southeast 
course extending from the 4.9-mile radius to 0.9 miles southeast of 
the RIPLY LOM.

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

* * * * *

ACE KS E4 Topeka, Forbes Field, KS [Removed]

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 Airport, KS [Amended]

Topeka, Forbes Field Airport, KS
    (Lat. 38[deg]57[min]03[sec] N., long. 95[deg]39[min]49[sec] W.)
Topeka, Forbes Field Airport ILS
    (Lat. 38[deg]58[min]04[sec] N., long. 95[deg]40[min]50[sec] W.)

    That airspace extending upward from 700 feet above the surface 
within a 7.4-mile radius of Forbes Field Airport, and within 3.1 
miles each side of the Forbes Field Airport ILS localizer course 
extending from the 7.4-mile radius to 13 miles southeast of the 
airport, and within 3.5 miles each side of the Forbes Field Airport 
ILS localizer course extending from the 7.4-mile radius to 13 miles 
northwest of the airport.
* * * * *

    Issued in Fort Worth, Texas, on October 1, 2009.
Walter L. Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. E9-24618 Filed 10-15-09; 8:45 am]
BILLING CODE 4910-13-P