[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]]

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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