[Federal Register Volume 63, Number 229 (Monday, November 30, 1998)]
[Rules and Regulations]
[Pages 65972-65978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31774]



[[Page 65971]]

_______________________________________________________________________

Part V





Department of Transportation





_______________________________________________________________________



Federal Aviation Administration



_______________________________________________________________________



14 CFR Part 71



Establishment of Cincinnati/Northern Kentucky International Airport 
Class B Airspace Area, and Revocation for Cincinnati/Northern Kentucky 
International Class C Airspace Area; KY; Final Rule

  Federal Register / Vol. 63, No. 229 / Monday, November 30, 1998 / 
Rules and Regulations  

[[Page 65972]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 93-AWA-5]
RIN 2120-AE97


Establishment of Cincinnati/Northern Kentucky International 
Airport Class B Airspace Area, and Revocation for Cincinnati/Northern 
Kentucky International Class C Airspace Area; KY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action establishes a Class B airspace area and revokes 
the existing Class C airspace area for the Cincinnati/Northern Kentucky 
International Airport. The Cincinnati Class B airspace area will 
consist of an area encompassing a 25-mile radius of the Cincinnati/
Northern Kentucky International Airport from the surface or higher up 
to and including 8,000 feet above mean sea level. The current Class C 
airspace area serving the Cincinnati/Northern Kentucky International 
Airport will be revoked concurrent with the implementation of this 
action. The FAA is taking this action to enhance safety, reduce the 
potential for midair collisions, and to improve the management of air 
traffic operations in the Cincinnati/Northern Kentucky area while 
accommodating the concerns of the airspace users.

EFFECTIVE DATE: 0901 UTC, December 31, 1998.

FOR FURTHER INFORMATION CONTACT: Ms. Sheri Edgett Baron, 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:

Availability of Final Rule

    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 
number: 703-321-3339), or the Government Printing Office's electronic 
bulletin board service (telephone number: 202-512-1661), or the FAA's 
Aviation Rulemaking Advisory Committee Bulletin Board service 
(telephone 800-322-2722 or 202-267-5948).
    Internet users may reach the FAA's web page at http://www.faa.gov/
avr/arm/nprm/nprm.htm or the Government Printing Office's web page at 
http://www.access.gpo.gov/nara for access to recently published 
rulemaking documents.
    Any person may obtain a copy of this final rule by submitting a 
request to the Federal Aviation Administration, Office of Rulemaking, 
ARM-1, 800 Independence Avenue, SW., Washington, DC 20591, or by 
calling 202-267-9680. Communications must identify the amendment number 
or docket number for this final rule.
    Persons interested in being placed on the mailing list for future 
Notices of Proposed Rulemaking and Final Rules should request from the 
FAA's Office of Rulemaking (address above) a copy of Advisory Circular 
No. 11-2A, Notice of Proposed Rulemaking Distribution System, which 
describes the application procedure.

Small Entity Inquiries

    The Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA) requires the FAA to report inquiries from small entities 
concerning information on, and advice about, compliance with statutes 
and regulations within the FAA's jurisdiction, including interpretation 
and application of the law to specific sets of facts supplied by a 
small entity.
    If you are a small entity and have a question, contact your local 
FAA official. If you do not know how to contact your local FAA 
official, you may contact Charlene Brown, Program Analyst Staff, Office 
of Rulemaking, ARM-27, Federal Aviation Administration, 800 
Independence Avenue, SW., Washington, DC 20591, 1-888-551-1594. 
Internet users can find additional information on SBREFA in the ``Quick 
Jump'' section of the FAA's web page at http://www.faa.gov and may send 
electronic inquiries to the following Internet address: 9-AWA-
[email protected].

Related Rulemaking Actions

    On May 21, 1970, the FAA published in the Federal Register the 
Designation of Federal Airways, Controlled Airspace, and Reporting 
Points Final Rule (35 FR 7782; May 21, 1970). This rule provided for 
the establishment of Terminal Control Airspace (TCA) areas (now known 
as Class B airspace areas).
    On October 14, 1988, the FAA published in the Federal Register the 
Terminal Control Area Classification and Terminal Control Area Pilot 
and Navigation Equipment Requirements Final Rule (53 FR 40318; Oct. 14, 
1988). This rule, in part, requires the pilot-in-command of a civil 
aircraft operating within a Class B airspace area 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 in the Federal Register the 
Airspace Reclassification Final Rule (56 FR 65638; Dec. 17, 1991). This 
rule discontinued the use of the term ``Terminal Control Area'' and 
replaced it with the designation ``Class B airspace area.'' This change 
in terminology is reflected in this final rule.

Background

    The 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 probability of 
midair collisions. In 1970, an extensive study found that the majority 
of midair collisions occurred between general aviation (GA) aircraft 
and air carrier or military aircraft, or between one GA aircraft and 
another GA aircraft. The basic cause 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 these airspace areas afford 
the greatest protection for the greatest number of people by giving air 
traffic control increased capability to provide aircraft separation 
service, thereby minimizing the mix of controlled and uncontrolled 
aircraft.
    The standard configuration of these airspace areas contains three 
concentric circles centered on the primary airport extending to 10, 20, 
and 30 nautical miles (NM), respectively. The standard vertical limit 
of these airspace areas normally should not exceed 10,000 feet mean sea 
level (MSL), with the floor established at the surface in the inner 
area and at levels appropriate to the containment of operations in the 
outer areas. Variations of these criteria may be utilized contingent on 
the terrain, adjacent regulatory airspace, and factors unique to the 
terminal area.

Public Input

    On February 10, 1998, the FAA published a notice of proposed 
rulemaking (NPRM) in the Federal Register (Airspace Docket 93-AWA-5;

[[Page 65973]]

63 FR 6818; Feb. 10, 1998; correction at 63 FR 9459; Feb. 25, 1998) 
proposing to establish a Class B airspace area and revoke the existing 
Class C airspace area for the Cincinnati/Northern Kentucky 
International Airport (CVG). The comment period for this proposed 
rulemaking action closed on April 13, 1998. However, the FAA received 
two petitions to extend the comment period. On May 15, 1998, in 
response to these petitions, the FAA reopened the comment period for an 
additional 60 days (63 FR 27160; May 15, 1998). The supplemental 
comment period closed on July 14, 1998.
    In response to the proposal the FAA received 36 comments. All 
comments received were considered before making a determination on this 
final rule. An analysis of the comments received and the FAA's 
responses are summarized below.

Discussion of Comments

    Two commenters suggested that the proposed configuration of the 
Cincinnati Class B airspace area had changed and was not the same as 
presented to the public during the informal airspace meetings.
    The FAA disagrees with these comments. The proposed configuration 
for the Class B airspace area presented during the informal meetings 
held on September 3 and 4, 1992 (57 FR 32835; July 23, 1992) is the 
same as published in the Notice of Proposed Rulemaking (NPRM) on 
February 10, 1998.
    The Experimental Aircraft Association (EAA), Chapter 174 and 
several other commenters recommended the adoption of a modified 
airspace area that would eliminate areas F and G from the FAA's 
proposal, and that would use a vertical ceiling of 6,000 feet instead 
of the 8,000-foot ceiling proposed by the FAA. These commenters believe 
that the elimination of these areas would allow aircraft to operate to 
and from satellite airports without the need for an altitude encoding 
transponder.
    Several commenters recommended reducing the size of the proposed 
Class B airspace area to a 15- to 20-mile radius rather than the 
proposed 25-mile radius. These commenters are of the opinion that a 
smaller Class B airspace area should be sufficient airspace to 
accommodate aircraft operations into and out of CVG, would allow more 
airspace for non-participating aircraft electing to circumnavigate the 
area, and would reduce the probability of numerous aircraft in a 
concentrated area.
    The FAA does not agree with these comments. Areas F and G of this 
Class B airspace area support IFR approaches and departure procedures 
for CVG, and provide optimum use of the airspace to contain aircraft 
operations and enhance aviation safety. The purpose of a Class B 
airspace area is to provide for the separation, segregation, and 
control of aircraft operations, creating a safer environment in 
congested terminal areas. On March 11, 1970, the FAA published in the 
Federal Register the results of a Midair Collision Study Program 
(Notice 69-41B). The study found that 97 percent of the terminal area 
incidents occurred below 8,000 feet above ground level (AGL), and that 
the vast majority involved conflict between GA aircraft, and either air 
carriers, military, or another GA aircraft. The study also highlighted 
that the mix of noncontrolled VFR, and controlled IFR aircraft was a 
basic causal factor of these air traffic conflicts.
    The FAA believes that the proposed vertical 8,000-foot ceiling is 
necessary to provide greater protection for air traffic in the airspace 
areas most commonly used by passenger-carrying aircraft and still 
provide sufficient areas for those aircraft electing to circumnavigate 
the Class B airspace area. In addition, aircraft transitioning from the 
outer fixes to final approach courses at satellite airports routinely 
enter the terminal area at 5,000 feet from the south and southeast. 
Because of the high volume of arrival and departure aircraft at the 
primary airport, it is necessary to utilize the area between 20-25 NM, 
including areas F and G, to transition lower performance aircraft to 
and from the satellite airports.
    Many commenters submitted comments specifically addressing the area 
commonly known as the Mode C Veil area, which is the 30-mile radius of 
a Class B airspace area primary airport up to the floor of the Class B 
airspace, and associated equipment requirements. These commenters are 
of the opinion that the veil area creates an unnecessary economic 
burden on aircraft operations within the proposed Class B airspace 
area. The Aircraft Owners and Pilots Association (AOPA) and others 
commented that the provisions of Special Federal Aviation Regulations 
No. 62 (SFAR 62), Suspension of Certain Aircraft Operations From the 
Transponder With Automatic Pressure Altitude Reporting Capability 
Requirement, was intended to suspend the altitude encoding capability 
requirement for certain operations to and from specific outlying 
airports located within 30 NM of a Class B airspace area.
    In response to the Department of Transportation and Related 
Agencies Appropriation Bill, 1988 (Pub. L. 100-202) and the Airport and 
Airway Safety and Capacity Expansion Act of 1987 (Pub. L. 100-223), the 
FAA published in the Federal Register the Transponder with Automatic 
Altitude Reporting Capability Requirement Final Rule (53 FR 23356; June 
21, 1988). This rule, commonly referred to as the ``Mode C rule,'' 
requires all aircraft to have an altitude encoding transponder when 
operating within 30 NM of any designated Class B airspace area primary 
airport from the surface up to 10,000 feet MSL. This rule also provides 
an exclusion for 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 
operating outside of the Class B airspace area, but within the 30 NM 
veil area.
    On December 5, 1990, the FAA issued SFAR 62. The intent of the SFAR 
was to provide temporary relief for approximately 300 airports at which 
operations by aircraft not equipped with a transponder with altitude 
encoding capability could be conducted at or below a specified altitude 
(1) within a 2 NM radius of a listed airport; and (2) along a direct 
route between that airport and the outer boundary of the veil area. The 
SFAR expired in December of 1993. Comments relating to the expired SFAR 
are beyond the scope of this rulemaking effort.
    The commenters are correct that the proposed airspace area will 
have a veil area wherein a transponder with altitude encoding 
capability will be required. Section 91.215 of title 14 of the Code of 
Federal Regulations (CFR) sets out requirements for air traffic control 
(ATC) transponder and altitude reporting equipment and use; however, 
this regulation also includes procedures whereby aircraft not equipped 
with the required transponder equipment may get relief from the 
stipulated requirements.
    In the preamble of the Mode C rule, the FAA assessed the economic 
impact on aircraft operators complying with the rule. The FAA 
acknowledged that the rule would impose an additional cost component 
for transponder maintenance. The FAA also projected the cost for 
obtaining transponder and altitude encoding equipment, and estimated at 
the time of rulemaking that some aircraft operators would incur a one-
time acquisition and installation cost ranging between $900 and $2,000, 
depending on whether or not they had a transponder. However, the FAA 
still finds that the potential benefits, primarily in the form of 
enhanced safety to the aviation community and flying

[[Page 65974]]

public, far outweigh the economic factors. Additionally, those aircraft 
transiting the area that do not want to establish radio communication 
with ATC may also choose to circumnavigate the Class B airspace area. 
As set out in the regulatory evaluation for this rule (see ``Economic 
Evaluation'' below), the FAA believes that any costs associated with 
circumnavigation will be negligible.
    The FAA received several comments concerning accessibility to 
satellite airports located within the lateral boundaries of the Class B 
airspace area. Some of the comments recommended a cutout for Hamilton-
Fairfield, Hickory Grove, Blue Ash, and Clermont Airports to ensure 
that these airports remain accessible. These commenters are of the 
opinion that cutouts should be utilized to remove satellite airports 
from the Class B airspace area and, consequently, the requirements of 
the Mode C Veil.
    The FAA does not agree with these comments. Providing a cutout 
would remove these satellite airports from the Class B airspace area; 
however, the satellite airports would remain within the Mode C Veil and 
continue to be subject to the Class B airspace equipment requirements. 
The FAA notes that 14 CFR 91.215(d) provides for ATC-authorized 
deviations under certain conditions. An ATC deviation may require, 
among other conditions, two-way radio communication with ATC or a 
restriction of that operation to certain altitudes or areas.
    The Air Line Pilots Association (ALPA) supported the proposed 
establishment of a Class B airspace area, but suggested that the 
ceiling for the airspace area should be at 10,000 feet rather than the 
proposed 8,000 feet. ALPA believes that this would eliminate a 
perceived a 2,000-foot gap of airspace where aircraft without an 
altitude encoding transponder can fly and not have to contact an ATC 
facility.
    The FAA does not agree with this comment, and believes that a 
ceiling of 8,000 feet will be sufficient to control aircraft operations 
within the Class B airspace. Raising the ceiling to 10,000 feet would 
result in unnecessary restrictions to that airspace. In addition, 
aircraft operating within a 30-mile radius of CVG are already required 
to be equipped with an operational altitude encoding transponder from 
the surface to 10,000 feet MSL (14 CFR 91.215).
    Several pilots commented on the FAA's limited utilization of 
geographical landmarks to define the lateral boundaries of the Class B 
airspace area. One pilot commended the FAA for proposing to utilize I-
275 and I-74 as identifiable landmarks, but questioned whether pilots 
could see the powerlines as a prominent landmark at altitudes of 5,000 
to 6,000 feet.
    The FAA agrees with the concept of these comments. Identifiable and 
prominent landmarks have proven to be extremely useful to pilots 
operating under VFR in assisting them with identifying the boundaries 
of a Class B airspace area. During the preliminary planning for the 
Class B airspace area design, consideration was given to utilizing Very 
High Frequency Omnidirectional Range (VOR) radials, latitudes and 
longitudes, as well as geographical landmarks wherever possible. This 
site-specific design is an effort to utilize as many landmarks (i.e., 
I-275, I-74, and the powerlines to the east of CVG), as feasible to 
identify the boundaries of the Class B airspace area. The FAA will 
continue to work with the airspace users to further identify any 
additional landmarks.
    Several commenters recommended that the FAA establish VFR corridors 
or VFR flyways for the Cincinnati/Covington area. The FAA agrees with 
the concept of these comments. Identifiable and prominent landmarks 
have proven to be extremely useful to pilots operating under VFR in 
assisting them with identifying the boundaries of a Class B airspace 
area. During the preliminary planning for the Class B airspace area 
design, consideration was given to utilizing Very High Frequency 
Omnidirectional Range (VOR) radials, latitudes and longitudes, as well 
as geographical landmarks wherever possible. However, the issue of VFR 
flyways and corridors was not addressed. The FAA will continue to work 
with the airspace users to determine the feasibility of VFR flyways and 
corridors and to further identify any additional landmarks to assist 
general aviation operators with identifying the Class B airspace area.
    One commenter suggested that the areas F and G, designated with 
floors at 5,000 or 6,000 feet, should be reduced to a minimum of 7 
miles east of the airport to allow sufficient airspace for operations 
outside the Class B airspace area. In addition, this commenter 
suggested that the floor designated at 3,000 feet (area C) does not 
appear to interfere with operations, but the floor at 2,100 feet (area 
B) will not provide enough room to transition under the shelf of the 
area and above the tallest obstacle.
    The FAA does not agree with this comment. The floors of areas F and 
G are necessary to support IFR approaches and departure procedures for 
CVG. Furthermore, the 2,100-foot floor of Area B is necessary to 
provide optimum safety to enplaned passengers and to contain aircraft 
operations in the Class B airspace area.
    AOPA commented that the FAA ignored the guidelines in FAA Order 
7400.2D, Procedures for Handling Airspace Matters, when developing the 
proposed Class B airspace area between the 10 to 20-mile radius. AOPA 
also recommended changing the Runway 27 glidescope to 3.5 degrees 
thereby raising the floor of area D to 4,000 feet.
    The FAA does not agree with this comment. In order to effectively 
design a safe and efficient airspace area, it is necessary to tailor 
the airspace configuration to the particular needs of that area, taking 
into consideration the local terrain, noise abatement, and adjacent 
airspace. The FAA made every effort to comply with the guidelines as 
published in FAA Order 7400.2D. FAA Order 7400.2D states that the floor 
of the area between ``10 and 20 NM shall be predicated on a 300-foot 
per NM gradient for 10 NM.'' It also states that ``this segment will 
normally have a floor between 2,800 feet and 3,000 feet above the 
airport elevation.'' However, the order also states that, to the extent 
practicable, the vertical and lateral limits of the airspace should be 
designed to retain all published instrument procedures once their 
flight track enters the Class B airspace area. The national standard 
for the angle of a glidescope is 3 degrees as published in FAA Order 
8260.36A. Any angle above 3.1 degrees would raise the minimums for 
Category C aircraft, and preclude the authorization of approaches for 
Category D and E aircraft. The FAA complied with FAA Order 8260.36A in 
establishing the 3-degree glidescope angle to accommodate Category C, 
D, and E aircraft operations.
    The Board of Aviation Commissioners for the City of Madison, IN, 
submitted comments regarding operations at the Madison Municipal 
Airport and proposed Class B airspace area. The Board raised the 
possibility of pilots departing that airport on an IFR flight plan and 
encountering delays when receiving a clearance on the ground. The Board 
explained to the FAA that many pilots may have to travel substantially 
longer distances to get their clearances because of the proposed 
establishment of a Class B airspace area. The Board recommended that 
the FAA: (1) change the size or ceiling of the proposed Class B 
airspace to make it feasible to depart Madison Municipal Airport 
eastbound; (2) adjust the airspace to allow at least a 10-mile area 
between the existing restricted area and the western edge of Class B 
airspace area; and (3) install

[[Page 65975]]

equipment to allow pilot to receive his or her clearance on the ground.
    The FAA does not agree with the assessment of the Madison Board of 
Aviation Commissioners. The Madison County Airport is located 
approximately 41 miles southwest of CVG. The proposed Class B airspace 
area boundary will be approximately 16 miles from the Madison County 
Airport. VFR aircraft departing Madison eastbound can remain below 
5,000 feet and would have ample time to contact the approach control 
facility and receive the required clearance to enter the Class B 
airspace area. Additionally, IFR aircraft may contact the approach 
control facility on the ground by radio or telephone before departure 
to receive a clearance.

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 final rule.

The Rule

    This amendment to 14 CFR part 71 establishes a Class B airspace 
area at CVG and revokes the CVG Class C airspace area. The FAA is 
taking this action to enhance safety, reduce the potential for midair 
collision, and to improve the management of air traffic operations in 
the Cincinnati/Northern Kentucky area.
    The coordinates for this airspace docket are based on North 
American Datum 83. Class B airspace areas are published in paragraph 
3000 of FAA Order 7400.9F, dated September 10, 1998, and effective 
September 16, 1998, which is incorporated by reference in 14 CFR 71.1. 
The Class B airspace area listed in this document will be published 
subsequently in the order.

Economic Evaluation

    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 final rule (1) will generate 
benefits that justify the minimal costs of the rule 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) will not have a significant 
impact on a substantial number of small entities; (4) will not 
constitute a barrier to international trade; and (5) will 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 in this preamble, and the full 
Regulatory Evaluation is contained in the docket.
    The final rule will provide benefits to participating and non-
participating aircraft operators primarily in the form of enhanced 
safety by increasing ATC's authority and capability to monitor and to 
separate aircraft in the terminal airspace around CVG.
    The FAA has determined that this final rule will impose minimal 
additional cost on the agency and aircraft operators. The FAA has 
determined this final rule will impose a one-time cost on the agency 
for the revision of aeronautical charts for CVG because of the changes 
to the plates used to print those charts on which the Class B airspace 
area will be depicted. The National Oceanic Service, the agency 
responsible for the publication and distribution of aeronautical 
charts, estimates that the total one-time cost of these changes will be 
approximately $75,480 (1997 dollars). The final rule will not impose 
any additional administrative costs on the FAA for either personnel or 
equipment. The additional ATC operations workload generated by the 
final rule will be absorbed by current ATC personnel and equipment 
resources at CVG. The final rule will not require any additional air 
traffic controllers or any additional radar control or hand-off 
positions. Last, those few operators without the required aircraft 
equipment (Mode C transponder and two-way radio) will incur only 
negligible cost for circumnavigating the Class B airspace area.
    In view of the minimal cost of compliance, enhanced safety and 
operational efficiency, the FAA has determined that the final rule will 
be cost-beneficial.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (the Act) establishes ``as a 
principle of regulatory issuance that agencies shall endeavor, 
consistent with the objective of the rule and of applicable statutes, 
to fit regulatory and informational requirements to the scale of the 
business, organizations, and governmental jurisdictions subject to 
regulation.'' To achieve that principal, the Act requires agencies to 
solicit and consider flexible regulatory proposals and to explain the 
rational for their actions. The Act covers a wide-range of small 
entities, including small businesses, not-for-profit organizations and 
small governmental jurisdictions.
    Agencies must perform a review to determine whether a proposed or 
final rule will have a significant economic impact on a substantial 
number of small entities. If the determination is that it will, the 
agency must prepare a regulatory flexibility analysis (RFA) as 
described in the Act. If an agency determines that a proposed or final 
rule is not expected to have a significant economic impact on a 
substantial number of small entities, section 605(b) of the Act 
provides that the head of the agency may so certify and an RFA is not 
required. The certification must include a statement providing the 
factual basis for this determination, and the reasoning should be 
clear.
    The FAA believes that the vast majority of affected unscheduled 
aircraft operators are already equipped to operate under IFR 
requirements. This is because such operators routinely fly into CVG 
airspace and other airspace where radar approach control services have 
been established. The few operators who do not have the required 
equipment will only incur negligible costs for circumnavigating the 
Class B airspace area.
    The FAA has also determined that other local airspace users, such 
as balloonists, parachutists, ultralight and sailplane owners, and 
fixed base operators, will only have to circumnavigate a portion of the 
Class B airspace area. Cincinnati Approach Control will 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.
    The FAA conducted the required review of this proposal and 
determined that it will not have a significant economic impact on a 
substantial number of small entities. Accordingly, pursuant to the 
Regulatory Flexibility Act, 5 U.S.C. 605(b), the Federal Aviation 
Administration certifies that this rule will not have a significant 
economic impact on a substantial number of small entities.

International Trade Impact Statement

    The FAA has determined that the final rule will neither have an 
effect on the sale of foreign aviation products or services in the 
United States, nor will it have an effect on the sale of U.S.

[[Page 65976]]

products or services in foreign countries. This is because the final 
rule will impose, at most, only negligible costs on aircraft operators 
and no costs on aircraft manufacturers (U.S. or foreign).

Federalism Implications

    The regulations herein will not have substantial direct effects on 
the States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore in accordance with Executive 
Order 12612, it is determined that this rule will not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

Unfunded Mandates

    Title II of the Unfunded Mandates Reform Act of 1995 (the Act), 
enacted as Pub. L. 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 the 
regulatory proposal.
    This final rule 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.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND 
CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS

    1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.


Sec. 71.1  [Amended]

    2. In Sec. 71.1, Federal Aviation Administration Order 7400.9F, 
Airspace Designations and Reporting Points, dated September 10, 1998, 
and effective September 16, 1998, which is incorporated by reference, 
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.02'46'' N., long. 84 deg.39'44'' W.).
Cincinnati VORTAC (CVG)
    (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 along the 10-mile arc 
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 
counterclockwise on the 5-mile arc to the point of beginning.
    Area C. That airspace extending upward from 3,000 feet MSL to 
and including 8,000 feet MSL beginning at the intersection of 
Interstate 275 and the 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 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 southeast 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.09'18'' 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. 
38 deg.56'15'' N; thence west on lat. 38 deg.56'15'' 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. 
38 deg.56'15'' N southwest of the airport; thence west along lat. 
38 deg.56'15'' N to the 15-mile arc of the airport; clockwise on the 
15-mile arc to lat. 39 deg.09'18'' N; thence east to the Indiana-
Ohio State line; thence South along the Indiana-Ohio State line to 
the Kentucky bank of the Ohio River; thence south 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; thence proceeding 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; thence clockwise along the 20-mile 
arc to long. 84 deg.49'00'' W; thence north to the Kentucky bank of 
the Ohio River; thence proceeding north 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 
and including 8,000 feet MSL beginning at the 20-mile arc of the 
airport and the Indiana-Ohio State line; thence north to the 25-mile 
arc of the airport; thence clockwise along the 25-mile arc 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 extending beginning at the 20-mile arc of 
the airport 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;

[[Page 65977]]

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 along Route 28 
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 at lat. 
38 deg.56'15'' N; thence east along lat. 38 deg.56'15'' N to the 15-
mile arc of the airport; thence north along the 15-mile arc of the 
airport to lat. 39 deg.09'18'' 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; thence counterclockwise along the 
25-mile arc 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.56'15'' N; thence 
west to the 15-mile arc of the airport; thence clockwise on the 15-
mile arc of the airport to lat. 39 deg.09'18'' 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 southwest along Route 
28 3 miles to the 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 to the point 
of beginning.
* * * * *

Paragraph 4000--Subpart C--Class C Airspace

* * * * *

ASO KY C Cincinnati/Northern Kentucky International Airport, KY 
[Revoked]

* * * * *

BILLING CODE 4910-13-P

[[Page 65978]]

[GRAPHIC] [TIFF OMITTED] TR30NO98.001


    Issued in Washington, DC, on November 24, 1998.
Jane Garvey,
Administrator.
[FR Doc. 98-31774 Filed 11-24-98; 3:02 pm]
BILLING CODE 4910-13-C