[Federal Register: May 5, 2003 (Volume 68, Number 86)]
[Rules and Regulations]               
[Page 23579]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05my03-5]                         


[[Page 23579]]

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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; correction.

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SUMMARY: This action corrects a final rule published in the Federal 
Register on Friday, April 11, 2003, (68 FR 17729) [FR Doc. 03-8568]. It 
addresses comments received regarding this Docket that were 
inadvertently overlooked in the final rule determination.

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) [FR Doc. 03-3267]. The 
proposal was to establish a Class E surface area at Topeka, Forbes 
Field, KS for those times when the air traffic 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. On Friday, April 11, 2003, the FAA issued a final 
rule (68 FR 17729) [FR Doc. 03-8568] that included the statement ``No 
comments objecting to the proposal were received.'' This statement was 
incorrect. Responses to the proposal were inadvertently overlooked when 
the final rule was issued. This action addresses those comments.


0
According, pursuant to the authority delegated to me, the publication 
on Friday, April 11, 2003, of the final rule (68 FR 17729) [FR Doc. 03-
8568] is corrected as follows:
0
On page 17730, Column 1, first paragraph, last two lines, change ``No 
comments objecting to the proposal were received'' to read: ``There 
were four responses to the proposal, one of which was an objection. The 
mayor of Topeka, KS, the Topeka, Forbes Field airport manager and the 
manager of the Topeka, Forbes Field Federal Contract Tower all 
supported the proposal. Mr. Randy Hansen, of the Experimental Aircraft 
Association (EAA), submitted the sole objecting comment. Mr. Hansen 
stated that the EAA felt the increase in protective airspace was not 
warranted for the limited volume of aircraft using the airfield during 
the times the proposed airspace would be in effect and that there was a 
lack of safety data to support the change in airspace at Topeka Forbes 
Field. The FAA does not concur with Mr. Hansen's comment. Numerous 
large military aircraft operate in and out of Topeka, Forbes Field. 
Mission requirements dictate that these aircraft conduct night 
operations. When conducting night operations the aircraft often return 
to Topeka, Forbes Field after the ATCT is closed. A Class E surface 
area at Topeka, Forbes Field, KS will afford a greater margin of 
safety, during low weather conditions, not only for the military 
aircraft but also for other aircraft operating in the vicinity of 
Topeka, Forbes Field.''

    Issued in Kansas City, MO, on April 21, 2003.
Herman J. Lyons, Jr.,
Manager, Air Traffic Division, Central Region.
[FR Doc. 03-11032 Filed 5-2-03; 8:45 am]
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