[Federal Register Volume 63, Number 27 (Tuesday, February 10, 1998)]
[Proposed Rules]
[Pages 6818-6823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3287]
[[Page 6817]]
_______________________________________________________________________
Part V
Department of Transportation
_______________________________________________________________________
14 CFR Part 71
Proposed Establishment of Cincinnati/Northern Kentucky International
Airport Class B Airspace Area and Revocation of Cincinnati/Northern
Kentucky International Airport Class C Airspace Area, Covington, KY;
Proposed Rule
Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 /
Proposed Rules
[[Page 6818]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Airspace Docket No. 93-AWA-5]
RIN 2120-AE97
Proposed Establishment of Cincinnati/Northern Kentucky
International Airport Class B Airspace Area and Revocation of
Cincinnati/Northern Kentucky International Airport Class C Airspace
Area, Covington, KY
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The Federal Aviation Administration (FAA) proposes to
establish a Class B airspace area at the Cincinnati/Northern Kentucky
International Airport, and revoke the existing Class C airspace area.
Specifically, the FAA is proposing to establish a Class B airspace area
that would consist of airspace with a 25-mile radius of the Cincinnati/
Northern Kentucky International Airport. The airspace would extend from
the surface or higher up to and including 8,000 feet above mean sea
level (MSL). The FAA is proposing this action to enhance safety, reduce
the potential for midair collisions, and to better manage air traffic
operations into, out of, and through the Cincinnati/Northern Kentucky
area.
DATES: Comments must be received on or before April 13, 1998.
ADDRESSES: Comments on this NPRM should be mailed, in triplicate, to:
Federal Aviation Administration, Office of the Chief, Attention: Rules
Docket (AGC-200), Airspace Docket No. 93-AWA-5, 800 Independence
Avenue, SW., Washington, DC 20591. Comments may be also sent
electronically to the following Internet address: 9-NPRM-
[email protected]. Comments delivered must be marked Airspace Docket No.
93-AWA-5. The official docket may be examined in the Office of the
Chief Counsel, Room 915G, weekdays, between 8:30 a.m. and 5:00 p.m.,
except on Federal holidays. An informal docket may also be examined
during normal business hours at the Office of the Regional Air Traffic
Division.
FOR FURTHER INFORMATION CONTACT: Patricia Crawford, Airspace and Rules
Division, ATA-400, Office of Air Traffic Airspace Management, Federal
Aviation Administration, 800 Independence Avenue, SW., Washington, DC
20591; telephone (202) 267-8783.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the rulemaking
process by submitting such written data, views, or arguments as they
may desire. Comments on the environmental, energy, federalism, or
economic impact that might result from adopting the proposals in this
notice are also invited. Substantive comments should be accompanied by
cost estimates.
Comments should identify the airspace docket number and should be
submitted in triplicate to the Rules Docket address specified above.
All comments received by the closing date for comments specified will
be considered by the Administrator before acting on this proposed
rulemaking. The proposals contained in this notice may be changed
considering comments received. All comments received will be available,
both before and after the closing date for comments, in the Rules
Docket for examination by interested persons. A report summarizing each
substantive public contact with FAA personnel concerned with this
rulemaking will be filed in the docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this notice must include a self-addressed,
stamped postcard on which the following statement is made: ``Comment to
Docket No. 93-AWA-5.'' The postcard will be date/time stamped and
returned to the commenter.
Availability of NPRM
An electronic copy of this document may be downloaded using a modem
and suitable communications software from the FAA regulations section
of the Fedworld electronic bulletin board service (telephone: 703-321-
3339) or the Government Printing Office's electronic bulletin board
service (telephone: 202-512-1661).
Internet users may reach the FAA's web page at http:/www.faa.gov or
the Superintendent of Documents' webpage at http://www.access.gpo.gov/
su__docs/ for access to recently published rulemaking documents.
Any person may obtain a copy of this NPRM by mail by submitting a
request to the Federal Aviation Administration, Office of Rulemaking,
800 Independence Avenue, SW., Washington, DC 20591, or by calling 202-
267-9677. Communications must identify the notice number of this NPRM.
Persons interested in being placed on the mailing list for future
NPRM's should request from the FAA's Office of Rulemaking a copy of
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution
System, that describes the application procedure.
Background
The Class B airspace (formerly terminal control area (TCA)) area
program was developed to reduce the potential for midair collision in
the congested airspace surrounding airports with high density air
traffic by providing an area wherein all aircraft are subject to
certain operating rules and equipment requirements.
The density of traffic and the type of operations being conducted
in the airspace surrounding major terminals increase the potential for
midair collisions. In 1970, an extensive study found that the majority
of midair collisions occurred between a general aviation (GA) aircraft
and an air carrier or military aircraft, or another GA aircraft. The
basic causal factor common to these conflicts was the mix of aircraft
operating under visual flight rules (VFR) and aircraft operating under
instrument flight rules (IFR). Class B airspace areas provide a method
to accommodate the increasing number of IFR and VFR operations. The
regulatory requirements of Class B airspace areas afford the greatest
protection for the greatest number of people by giving air traffic
control (ATC) increased capability to provide aircraft separation
service, thereby minimizing the mix of controlled and uncontrolled
aircraft.
On May 21, 1970, the FAA published the Designation of Federal
Airway, Controlled Airspace, and Reporting Points Final Rule (35 FR
7782). This rule provided for the establishment of TCA's. To date, the
FAA has established a total of 29 Class B airspace areas. The FAA is
proposing to take action to modify or implement the application of
these proven control areas to provide greater protection for air
traffic in the airspace areas most commonly used by passenger-carrying
aircraft.
The standard configuration of a Class B airspace area contains
three concentric circles centered on the primary airport, extending to
10, 20, and 30 nautical miles (NM) respectively. The standard vertical
limits of the Class B airspace area normally should not exceed 10,000
feet MSL, with the floor established at the surface in the inner area
and at levels appropriate for the containment of operations in the
outer areas. Variation of these criteria may be utilized contingent on
the terrain,
[[Page 6819]]
adjacent regulatory airspace, and factors unique to the terminal area.
Cincinnati/Northern Kentucky International Airport reported
5,044,813 and 5,780,241 enplaned passengers in calendar years (CY) 1991
and 1992. The enplaned passenger count has increased to 9,225,526 in CY
1996. Operations at that airport have increased from 297, 869 and
304,214 in fiscal years (FY) 1991 and 1992 to 393,523 in FY 1996.
Cincinnati/Northern Kentucky International Airport qualifies as a
candidate for establishing Class B airspace based on the passenger
enplanement and airport operations count.
The coordinates for this airspace docket are based on North
American Datum 83. Class B and Class C airspace areas are published in
paragraphs 3000 and 4000, respectively, of FAA Order 7400.9E dated
September 10, 1997, and effective September 15, 1997, which is
incorporated by reference in Title 14 of the Code of Federal
Regulations (14 CFR) part 71. The Class B airspace area listed in this
document would be published subsequently in the Order and the Class C
airspace area would be removed subsequently from the Order.
Related Rulemaking Actions
On June 21, 1988, the FAA published the Transponder with Automatic
Altitude Reporting Capability Requirement Final Rule (53 FR 23356).
This rule requires all aircraft to have an altitude encoding
transponder when operating within 30 NM of any designated TCA primary
airport, from the surface up to 10,000 feet MSL. This rule excluded
those aircraft that were not originally certificated with an engine
driven electrical system, (or those that have not subsequently been
certified with such a system), balloons, or gliders.
On October 14, 1988, the FAA published the TCA Classification and
TCA Pilot and Navigation Equipment Requirements Final Rule (53 FR
40318). This rule, in part, removed the different classifications of
TCA's, and requires the pilot-in-command of civil aircraft operating
within a TCA to hold at least a private pilot certificate, except for a
student pilot who has received certain documented training.
On December 17, 1991, the FAA published the Airspace
Reclassification Final Rule (56 FR 65655). This rule discontinued the
use of the term ``Terminal Control Area'' (TCA) and replaced it with
the designation ``Class B airspace area.'' This change in terminology
is reflected in this NPRM.
Pre-NPRM Public Input
As announced in the Federal Register on July 23, 1992 (57 FR
32835), informal airspace meetings were held on September 3 and 4,
1992, in Ohio and Kentucky respectively. These meetings allowed the
public an opportunity to preview and comment on the proposed design for
the Cincinnati/Northern Kentucky International Airport Class B airspace
area. Coments were received from owners and managers of the local GA
airports, members of the aviation industry, fixed-base operators (FBO),
and concerned airspace users. An Ad Hoc User Group Advisory Committee
was established and submitted seven recommendations in conjunction with
their Class B airspace design proposal.
All comments received during the informal airspace meetings and the
subsequent comment period were considered and incorporated, in this
NPRM. The following is an analysis of these comments.
Discussion of Comments
Several commenters recommended modifications to the northeast (NE)
quadrant of the proposed Class B airspace to accommodate VFR aircraft
operating to and from Blue Ash, Clermont County, and Hamilton-Fairfield
Airports, without a Mode C transponder. Comments from the Experimental
Aircraft Association (EAA) and Lebanon Air Service specifically
recommended designating the floor of the Class B airspace in the
vicinity of these aforementioned satellite airports at a minimum of
3,500 feet MSL. The reasoning for this recommendation is that a Mode C
transponder would not be required because aircraft would be operating
below and outside of the Class B airspace area. EAA stated that certain
benefits would be derived because pilots would not be required to
contact air traffic control (ATC) thus limiting frequency congestion.
In addition, prominent landmarks could be utilized to navigate and a
discrete code could be assigned to assist ATC with monitoring activity,
if necessary.
The Ad Hoc Advisory Committee submitted a recommendation with
emphasis on serving traffic operating to and from the satellite
airports and expediting the flow of traffic within the lateral
boundaries of the proposed Class B airspace area. In addition, the
committee recommended that a satellite airport controller position,
with a supporting data position, be added to the ATC facility.
The FAA agrees, in part, with these recommendations, the floors of
the Cincinnati/Northern Kentucky International Airport Class B airspace
area in the vicinity of Clermont County, Blue Ash, and Hamilton-
Fairfield are proposed to be 6,000; 5,000; and 4,000 feet MSL,
respectively. The FAA believes that designating the Class B airspace
area floors at these altitudes would allow sufficient airspace for
aircraft transitioning to and from the subject satellite airports.
Currently, air traffic regulations allow pilots to transition below
the floor of the Class B airspace without contacting an ATC facility.
Aircraft operating within a 30-mile radius of the Class B airspace
primary airport are required to have the appropriate equipment as
outlined in Sec. 91.215. Requests to operate without the Sec. 91.215
equipment are handled on a case-by-case basis, and must be made to the
ATC facility having jurisdiction over the affected airspace.
The FAA has budgeted for an additional radar controller and flight
data position at the Cincinnati/Northern Kentucky International
Airport. The new positions will be added as a result of an increase in
traffic, and are not related to the actions proposed in this NPRM.
Efforts are ongoing to secure the necessary equipment to activate the
positions in a timely manner. Once the equipment is available and the
position certified operational, the Air Traffic Manager of the
Cincinnati Airport Traffic Control Tower (ATCT) will determine how the
new position(s) would best be utilized.
Several commenters objected to the lateral (25 NM radius) and
vertical (8,000 feet MSL) limits of the proposed Class B airspace area.
One commenter expressed concern that the proposed Cincinnati/Northern
Kentucky International Airport Class B airspace area appears to be
larger than other established Class B areas. One commenter recommended
that the lateral boundaries of the Cincinnati/Northern Kentucky
International Airport Class B airspace be limited to a 20 NM radius.
Most of the comments received supported a proposed ceiling of 8,000
feet MSL.
A representative for Sporty's Shops recommended 6,000 feet MSL for
the ceiling of the proposed Class B airspace area.
The Air Transport Association of America (ATA) objected to the
proposed ceiling at 8,000 feet and recommended a ceiling of 10,000 feet
MSL. The ATA suggested that by establishing the ceiling at 10,000 feet
MSL, the potential for a disaster would be reduced because fewer
aircraft would be operating within that airspace between 8,000 and
10,000
[[Page 6820]]
feet MSL. In addition, ATA voiced concern that aircraft flying over the
ASR antenna, would not be seen by the controller for two or three
sweeps of the antenna.
The proposed Cincinnati/Northern Kentucky International Airport
Class B airspace area is unique with a site specific design to support
Cincinnati/Northern Kentucky International Airport aircraft operations
and to contain all published instrument approach procedures. The loss
of a radar return as an aircraft passes over the radar antenna is a
common occurrence in any terminal radar environment. Consequently,
there are sufficient traffic management procedures in place to address
these situations. The FAA believes that the proposed 8,000 feet MSL
ceiling and 25-nautical mile lateral boundary would be sufficient and
not be over-restrictive.
Lunken Airport Advisory and Users' Committee and the Lunken Airport
Action Group (LAAG) recommended a change in the vicinity of Lunken
Airport, Area D east of the Cincinnati/Northern Kentucky International
Airport. The committee suggested that the floor in Area D should be
raised from 3,500 to 4,000 feet MSL to preserve 3,500 feet as a VFR
altitude. The committee believes that this recommendation is plausible
since Runways 09/27 at the Cincinnati/Northern Kentucky International
Airport are seldom utilized for approaches, therefore, a lower floor is
not supported.
The Flying Knights, located at Lunken Airport, submitted comments
which parallel those of the Airport Advisory and Users Committee.
Furthermore, the Knights commented that any lower altitudes would cause
unnecessary congestion and noise disturbance to the surrounding
residential area.
The FAA does not agree with these commenters. The base altitude in
Area D east of the airport, at 3,500 feet MSL, would ensure that pilots
executing the instrument landing system (ILS) approach procedures for
Runways 09/27 remain within Class B airspace. Currently, Runways 09/27
are utilized less than the parallel north-south runways. However,
traffic demands and varying meteorological conditions necessitate the
structure of Area D with a 3,500 foot MSL floor.
Sporty's Academy, Inc., conducts flight instruction in the vicinity
of Clermont Airport. Less than 15 miles east of Clermont Airport is the
western boundary of Buckeye Military Operations Area (MOA) (Restricted
Area R-5503A was downgraded to Buckeye Military Operations Area (MOA)
in February 1995). At the narrowest point, the ``gap'' between the
Buckeye MOA and the eastern edge of the Class B airspace area would be
approximately 10 NM. This commenter believes that aircraft
transitioning north and south would have to circumnavigate the Class B
airspace area east of the Cincinnati/Northern Kentucky International
Airport. Consequently, these aircraft could be compressed between the
Class B airspace area and the Buckeye MOA into an area of high density
student flight training. Sporty's Academy, Inc., recommended that the
FAA give serious consideration to widening that ``gap''.
Another commenter recommended that the Class B airspace area be
limited to 15 NM east of the Cincinnati/Northern Kentucky International
Airport.
The FAA encourages pilots to follow standard air traffic procedures
and participate in, rather than circumnavigate Class B airspace areas.
In addition, the FAA asserts that sufficient airspace exists for pilots
to circumnavigate the proposed Class B area, avoid the Buckeye MOA if
active, and coexist with the student training activity if they chose
not to navigate thru the proposed Class B airspace area.
Lane's Lebanon Air Service, Inc., suggested establishing an area
around the Lebanon-Warren County Airport to accommodate gliders,
towplanes, and other aircraft not equipped with Mode C transponders.
This commenter emphasized that one of its main sources of revenue is
generated from passenger rides in gliders. Several times a day, the
commenter operates its gliders over Kings Island Amusement Park at an
altitude of 6,200 feet MSL. It is Lebanon Air Service's opinion that
the proposed Class B airspace area would have a negative impact on its
business.
The FAA has determined that the implementation of the proposed
Class B airspace area would have an insignificant or no impact on
glider operations between the Lebanon-Warren County Airport and Kings
Island Amusement Park because the operations would be conducted outside
of the Class B airspace area.
The fixed based operator (FBO) at Hamilton-Fairfield Airport
suggested a cutout north along the Great Miami River to exclude the
airport from the Class B airspace. Implementing this proposal would be
beneficial to the large number of experimental and antique aircraft
based at that airport.
The FAA has proposed to designate the floors of the Class B
airspace at 3,500-4,000 feet MSL in the vicinity of Hamilton-Fairfield
Airport. The airport would be below the floor of the class B airspace
area which should provide airspace for egress/ingress.
The Ad Hoc Advisory Committee, Aircraft Owners and Pilots
Association (AOPA), and Sporty's Shops recommended that the FAA
relocate the Cincinnati very high frequency omnidirectional range
tactical air navigation (VORTAC) to the airport property before the
proposed Class B airspace is implemented. In these commenters' opinion,
relocating the Cincinnati VORTAC would simplify the identification of
the Class B airspace boundaries for transient and local pilots. In
addition, the commenters recommended that the FAA install a Doppler
radar antenna in conjunction with relocating the navigational aid
(NAVAID).
Furthermore, AOPA recommended a test to determine the feasibility
of relocating the Cincinnati VORTAC to the airport property.
The FAA appreciates these comments; however, the FAA has determined
that measures such as relocating the NAVAID are not necessary or
practicable. Additionally, the FAA has installed Doppler Radar System
at the CVG.
During the preliminary stages of planning, the FAA attempted to
define as many boundaries of the Class B airspace area by prominent
landmarks as feasible (e.g., aligning boundaries with major roads,
rivers, or powerlines). In the absence of the Cincinnati VORTAC, these
geographic landmarks can be utilized to assist pilots with identifying
the lateral boundaries of the Class B airspace area, and assisted by
normal navigating procedures.
Several rotorcraft operators suggested that the FAA implement a
``rotorcraft only'' VFR corridor in the Ohio River Valley north of the
Cincinnati/Northern Kentucky International Airport. The corridor's
ceiling would be 900 feet MSL.
EAA Chapter 174 recommended a VFR corridor northwest of the Class B
airspace area, to include Cincinnati West and Miamitown Airports. The
EAA proposed establishing the ceiling of this corridor below 3,000 feet
MSL, and to allow aircraft to operate within the corridor without a
Mode C transponder.
The FAA does not agree with these suggestions because the
establishment of a VFR corridor could interfere with safe and efficient
operations in the Class B airspace area. The establishment of an
uncontrolled VFR corridor for nonparticipating rotorcraft north of the
airport, under the final approach courses for Runways 18L/18R and the
departure paths for Runways 36L/36R,
[[Page 6821]]
would impede operations. Arriving and departing turbojet aircraft cross
this area at very low altitudes. Consequently, the incorporation of a
VFR rotorcraft corridor could result in unsafe conditions as well as
difficulties with wake turbulence.
Currently, there is an established letter of agreement between
Cincinnati/Northern Kentucky International Airport and local helicopter
operators for controlled routes to and from the airport. If the need
arises, the facility manager will, as necessary, work with other
airspace users to develop or modify the appropriate procedural
agreements.
The Proposal
The FAA proposes to amend 14 CFR part 71 by establishing a Class B
airspace area at the Cincinnati/Northern Kentucky International
Airport, and by revoking the Cincinnati/Northern Kentucky International
Airport Class C airspace area. The proposal to establish this Class B
airspace area is based on aviation safety and operational efficiencies.
The proposed establishment, depicted in the attached chart,
considers flight operations and terrain. Specifically, the areas would
be established as follows:
Area A. Airspace within a 5-mile radius of the primary airport,
Cincinnati/Northern Kentucky International Airport, extending upward
from the surface to and including 8,000 feet MSL. This airspace is
necessary to contain large turbojet aircraft within the limits of the
Class B airspace area while operating to and from the primary airport.
Area B. Airspace between the 5- and 10-mile radius of the primary
airport extending upward from 2,100 feet MSL to and including 8,000
feet MSL. This airspace is necessary to support the approach procedures
for aircraft transitioning to the final approach course for the
Cincinnati/Northern Kentucky International Airport.
Area C. Airspace between the 10- and 15-mile arcs, north and south
of the primary airport extending upward from 3,000 feet MSL to and
including 8,000 feet MSL. This area is necessary to provide sufficient
airspace for sequencing and vectoring arriving and departing aircraft
in close proximity to the primary airport.
Area D. Airspace between the 10- and 15-mile arcs east and west
from the primary airport, and airspace between the 15- and 20-mile arcs
north and south from the primary airport, extending upward from 3,500
feet MSL to and including 8,000 feet MSL. These airspace areas are
necessary for sequencing and vectoring aircraft and to ensure that
operations are contained within Class B airspace.
Area E. This airspace provides a controlled environment for
aircraft arriving and departing the Class B airspace area. Area E
consists of designated airspace between the 20- and 25-mile arc north
and south of the primary airport extending upward from 4,000 feet MSL
to and including 8,000 feet MSL.
Area F. Airspace encompasses an area from northeast through
southeast, and southwest through northwest of the Class B airspace
area, extending upward from 5,000 feet MSL to and including 8,000 feet
MSL. Area F is necessary to ensure that aircraft have sufficient
airspace to maneuver within the Class B airspace area and a controlled
environment while preparing for the approach or executing departure
procedures. Also, this airspace is designed to allow nonparticipating
aircraft sufficient airspace to conduct VFR operations below the
vertical limits of the Class B airspace area while transitioning to/
from secondary satellite airports.
Area G. This airspace would be established east of the primary
airport extending from the powerlines eastward to the 25-mile arc from
the primary airport, extending upward from 6,000 feet MSL to and
including 8,000 feet MSL. This area is necessary to allow adequate
airspace to contain aircraft in a controlled environment when
transitioning between the en route and terminal phase of flight.
Regulatory Evaluation Summary
Proposed changes to Federal regulations must undergo several
economic analyses. First, Executive Order 12866 directs that each
Federal agency shall propose or adopt a regulation only upon a reasoned
determination that the benefits of the intended regulation justify its
costs. Second, the Regulatory Flexibility Act of 1980 requires agencies
to analyze the economic effect of regulatory changes on small entities.
Third, the Office of Management and Budget directs agencies to assess
the effect of regulatory changes on international trade. In conducting
these analyses, the FAA has determined that this Notice of Proposed
Rulemaking (NPRM): (1) would generate benefits that justify its minimal
costs and is not ``a significant regulatory action'' as defined in the
Executive Order; (2) is not significant as defined in the Department of
Transportation's Regulatory Policies and Procedures; (3) would not have
a significant impact on a substantial number of small entities; (4)
would not constitute a barrier to international trade; and (5) would
not contain any Federal intergovernmental or private sector mandate.
Therefore, the requirements of Title II of the Unfunded Mandates Reform
Act of 1995 do not apply. These analyses are summarized here in the
preamble and the full Regulatory Evaluation is in the docket.
This NPRM would establish the Cincinnati Class B airspace area at
Cincinnati/Northern Kentucky International Airport and revoke the
Cincinnati Class C airspace area at Cincinnati/Northern Kentucky
International Airport (CVG). The Cincinnati Class B airspace area would
consist of the airspace up to and including 8,000 feet mean sea level
(MSL) from the surface or higher (various sector floor levels) within a
25-mile radius of the Cincinnati/Northern Kentucky International
Airport. The establishment of a Class B airspace area at the CVG would
impose more stringent operating rules and equipment requirements on GA
operators. Some of these Class B airspace requirements would include an
operating two-way radio and a transponder with automatic altitude-
reporting capability. Additional equipment requirements for IFR
operations include an operable VOR or tactical air navigation (TACAN)
receiver.
The NPRM would provide benefits to participating and
nonparticipating operators primarily in the form of enhanced safety as
well as to the aviation community and the flying public by increasing
air traffic control's (ATC's) authority and capability to monitor and
to separate aircraft in the terminal airspace around CVG.
The FAA has determined that this NPRM would impose minimal, if any,
additional cost on the agency or aircraft operators. The FAA has
determined this NPRM would impose costs of approximately $74,000 (1996
dollars) to the agency for the revision of aeronautical charts for CVG.
The proposed rule would impose minimal, if any, equipment costs and
only negligible circumnavigation costs on aircraft operators. This NPRM
would require changes to the plates used to print those charts on which
the proposed Class B airspace would be depicted. Printing the revised
aeronautical charts to reflect the proposed change of the airspace
around Cincinnati/Northern Kentucky would be accomplished during
regularly scheduled chart printings. The National Oceanic Service
(NOS), the agency responsible for the publication and distribution of
aeronautical charts,
[[Page 6822]]
estimates that the total one-time cost of these changes would be
$74,000 (1996 dollars). The proposed rule would not impose any
additional administrative costs on the FAA for either personnel or
equipment. The additional operations workload generated by the proposed
rule would be absorbed by current personnel and equipment resources at
CVG. The proposed rule would require neither any additional air traffic
controllers nor any additional radar control or hand-off positions.
In view of the minimal cost of compliance, enhanced safety and
operational efficiency, the FAA has determined that the proposed rule
would be cost-beneficial.
Initial Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) was enacted by
Congress to ensure that small entities are not unnecessarily burdened
by government regulations. The RFA requires agencies to review rules
that may have a ``significant economic impact on a substantial number
of small entities.''
Only those unscheduled aircraft operators without the capability to
operate under IFR requirements would be potentially affected by the
proposed rule. However, the FAA has determined the vast majority of
unscheduled operators are already equipped to operate under IFR
requirements. This is because such operators routinely fly into
airspace where radar approach control services have been established.
The FAA has also determined that other local airspace users, such
as balloonists, parachutists, ultralight and sailplane owners, and
fixed base operators, would not have to significantly circumnavigate
around the proposed Class B airspace. The FAA has determined that
Cincinnati Approach Control can accommodate these users on a case-by-
case basis and use letters of agreement and cutouts, where advisable,
to ensure as little adverse impact as possible on these users.
Therefore, the FAA has determined that this proposed rule would not
have a significant economic impact on a substantial number of small
entities.
International Trade Impact Assessment
The Office of Management and Budget directs agencies to assess the
effects of regulatory changes on international trade. The FAA has
determined that the proposed rule would neither have an effect on the
sale of foreign aviation products or services in the United States, nor
would it have an effect on the sale of U.S. products or services in
foreign countries. This is because the proposed rule would neither
impose costs on aircraft operators nor aircraft manufacturers (U.S. or
foreign).
Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (the act),
enacted as Public Law 104-4 on March 22, 1995, requires each Federal
agency, to the extent permitted by law, to prepare a written assessment
of the effects of any Federal mandate in a proposed or final agency
rule that may result in the expenditure of $100 million or more
adjusted annually for inflation in any one year by State, local, and
tribal governments, in the aggregate, or by the private sector. Section
204(a) of the ACT, 2 U.S.C. 1534(a), requires the Federal agency to
develop an effective process to permit timely input by elected officers
(or their designees) of State, local and tribal governments on a
proposed ``significant intergovernmental mandate.'' A ``significant
intergovernmental mandate'' under the act is any provision in a Federal
agency regulation that would impose an enforceable duty upon state,
local, and tribal governments, in the aggregate, (of $100 million
adjusted annually for inflation) in any one year. Section 203 of the
ACT, 2 U.S.C. 1533, which supplements section 204(a), provides that
before establishing any regulatory requirements that might
significantly or uniquely affect small governments, the agency shall
have developed a plan that among other things, provides for notice to
potentially affected small governments, if any, and for a meaningful
and timely opportunity to provide input in the development of
regulatory proposals.
This NPRM does not contain any Federal intergovernmental or private
sector mandate. Therefore, the requirements of Title II of the Unfunded
Mandates Reform ACT of 1995 do not apply.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), there are no requirements for information collection
associated with this rule.
Conclusion
The FAA has determined that this regulation: (1) is not a
significant rule under Executive Order 12866; and (2) is not a
significant rule under Department of Transportation Regulatory Policies
and Procedures (44 FR 11034; February 26, 1979). Also, for the reasons
stated under the headings ``Trade Impact Statement'' and Regulatory
Flexibility Determination,'' the FAA certifies that the NPRM will not
have a significant economic impact on a substantial number of small
entities. A copy of the full regulatory evaluation is filed in the
docket and may also be obtained by contacting the person listed in the
FOR FURTHER INFORMATION CONTACT.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by Reference, Navigation (Air).
The Proposed Amendment
The Federal Aviation Administration proposes to amend 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 the Federal
Aviation Order 7400.9E, Airspace Designations and Reporting Points,
dated September 10, 1997, and effective September 15, 1997, is amended
as follows:
Paragraph 3000--Subpart B-Class B Airspace
* * * * *
ASO KY B Cincinnati/Northern Kentucky International Airport, KY [NEW]
Cincinnati/Northern Kentucky International Airport (Primary Airport)
(Lat. 39 deg.02'43'' N., long. 84 deg.39'43'' W.)
Cincinnati VORTAC
(Lat. 39 deg.00'57' N., long. 84 deg.42'12'' W.)
Boundaries
Area A. That airspace extending upward from the surface to and
including 8,000 feet MSL within a radius of 5 miles from the
Cincinnati/Northern Kentucky International Airport.
Area B. That airspace extending upward from 2,100 feet MSL to
and including 8,000 feet MSL beginning at the 5-mile arc of the
airport and the Kentucky bank of the Ohio River northeast of the
airport; northeast along the Kentucky bank of the Ohio River to the
10-mile arc of the airport; thence clockwise to the Kentucky bank of
the Ohio River southwest of the airport, north along the Kentucky
bank of the Ohio River to the Indiana-Ohio State line (long.
84 deg.49'00'' W); thence north to Interstate 275; follow Interstate
275 northeast to Interstate 74; thence east on Interstate 74 to CVG
VORTAC 040 deg. radial; thence southwest on the CVG VORTAC 040 deg.
radial to the 5-mile arc of the airport; thence clockwise on the 5-
mile arc to the point of beginning.
Area C. That airspace extending upward form 3,000 feet MSL to
and including 8,000
[[Page 6823]]
feet MSL beginning at the intersection of Interstate 275 and
Indiana-Ohio State line (long. 84 deg.49'00'' W); thence north on
the Indiana Ohio State line, to intersect the 15-mile arc of the
airport; thence clockwise on the 15-mile arc to long. 84 deg.30'00''
W; thence south on long. 84 deg.30'00''W to the 10-mile arc of the
airport; thence clockwise on the 10-mile arc to the Kentucky bank of
the Ohio River; proceed along the Kentucky bank of the Ohio River
west to the 5-mile arc of the airport; thence counterclockwise along
the 5-mile arc to the CVG VORTAC 040 deg. radial; thence northeast
along the CVG VORTAC 040 deg. radial to Interstate 74; proceed west
along Interstate 74 to Interstate 275; thence west along Interstate
275 to the point of beginning.
That airspace beginning at the 10-mile arc of the airport and
long. 84 deg.30'00'' W; thence south along long. 84 deg.30'00'' W to
the 15-mile arc of the airport; thence clockwise along the 15-mile
arc to the Kentucky bank of the Ohio River; thence north along the
Kentucky bank of the Ohio River to the 10-mile arc of the airport;
thence counterclockwise along the 10-mile arc to the point of
beginning.
Area D. That airspace extending upward from 3,500 feet MSL to
and including 8,000 feet MSL beginning at lat.39 deg.09'21''N and
the 10-mile arc northeast of the airport; thence east to the 15-mile
arc of the airport; thence clockwise on the 15-mile arc to lat.
30 deg.56'04''N; thence west on lat. 38 deg.56'04''N to intersect
the 10-mile arc of the airport; thence counterclockwise along the
10-mile arc to the point of beginning. That airspace beginning at
the intersection of the Kentucky bank of the Ohio River and lat.
30 deg.56'04''N; thence west along lat. 30 deg.56'04''N to the 15-
mile of arc of the airport; clockwise on the 15-mile arc to lat.
39 deg.09'21''N; thence east to Indiana-Ohio State line (long.
84 deg.49'00''W); thence South along the Indiana-Ohio State line to
the Kentucky bank of the Ohio River; thence sought along the
Kentucky bank of the Ohio River to point of beginning. That airspace
beginning at the intersection of the 15-mile arc of the airport and
the Indiana-Ohio State line (long. 84 deg.49'00''W) proceed north to
the 20-mile arc of the airport; thence clockwise along the arc to
long. 84 deg.30'00''W; thence south to the 15-mile arc of the
airport; thence counterclockwise along the 15-mile arc to point of
beginning. That airspace beginning at the intersection of the 15-
mile arc southeast of the airport and long. 84 deg.30'00''W; thence
south to the 20-mile arc of the airport clockwise to long.
84 deg.49'00''W; thence north to the Kentucky bank of the Ohio
River; proceeding along the Kentucky bank of the Ohio River to the
15-mile arc of the airport; thence counterclockwise on the 15-mile
arc to the point of beginning.
Area E. That airspace extending upward from 4,000 feet MSL to
including 8,000 feet MSL beginning at the 20-mile arc of the airport
and Indiana-Ohio State line (long. 84 deg.49'00''W); thence north to
the 25-mile arc of the airport; thence clockwise to long.
84 deg.30'00''W; thence south to the 20-mile arc of the airport;
thence counterclockwise on the 20-mile arc to the point of
beginning. That airspace beginning at the 20-mile arc and long.
84 deg.30'00''W south of the airport; thence south along the long.
84 deg.30'00''W to the 25-mile arc of the airport; thence clockwise
along the 25-mile arc to long. 84 deg.49'00''W; thence north along
long 84 deg.49'00''W to the 20-mile arc of the airport; thence
counterclockwise along the 20-mile arc to the point of beginning.
Area F. That airspace extending upward from 5,000 feet MSL to
and including 8,000 feet MSL beginning at the 25-mile arc north of
the airport and long. 84 deg.30'00''W; thence clockwise on the 25-
mile arc of the airport to Route 28; thence southwest 3-miles to the
power line; thence south along the power line to the Ohio River;
thence south-southeast along the Ohio bank of the Ohio River to the
25-mile arc of the airport southeast; thence clockwise on the 25-
mile arc of the airport to long. 84 deg.30'00''W south of the
airport; thence north to the 10-mile arc of the airport; thence east
along lat. 38 deg.56'04''N to the 15-mile arc of the airport; thence
north along the 15-mile arc of the airport to lat. 39 deg.09'21''N;
thence west to the 10-mile arc of the airport and long.
84 deg.30'00''W; thence north to the point of beginning. That
airspace beginning at the 25-mile arc of the airport and the
Indiana-Ohio State line (long. 84 deg.49'00''W) counterclockwise to
long. 84 deg.49'00''W south of the airport; thence north to the
Kentucky bank of the Ohio River; thence north along the Kentucky
bank of the Ohio River to lat. 38 deg.56'04''N; thence west to the
15-mile arc of the airport; clockwise on the 15-mile arc of the
airport to lat. 39 deg.09'21''N; thence east to the Indiana-Ohio
State line; thence north to the point of beginning.
Area G. That airspace extending upward from 6,000 feet MSL to
and including 8,000 feet MSL beginning at the intersection of Route
28 and the 25-mile arc of the airport; thence southeast 3 miles to
powerline; thence south along the powerline to the Ohio River;
thence south-southeast along the Ohio bank of the Ohio River to the
25-mile arc southeast of the airport; thence counterclockwise along
the 25-mile arc of the airport of the point of beginning.
* * * * *
Paragraph 4000--Subpart C-Class C Airspace
* * * * *
ASO KY Cincinnati/Northern Kentucky
International Airport, KY [Removed]
* * * * *
Issued in Washington, DC, on February 4, 1998.
Reginald C. Matthews,
Acting Program Director for Air Traffic Airspace Management.
[FR Doc. 98-3287 Filed 2-9-98; 8:45 am]
BILLING CODE 4910-13-M