[Federal Register Volume 64, Number 69 (Monday, April 12, 1999)]
[Rules and Regulations]
[Pages 17934-17935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9019]



[[Page 17933]]

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Part III





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 71



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

  Federal Register / Vol. 64, No. 69 / Monday, April 12, 1999 / Rules 
and Regulations  

[[Page 17934]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

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


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; confirmation of effective date.

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SUMMARY: On December 14, 1998, the FAA issued a rule that delayed the 
effective date of a rule establishing the Cincinnati/Northern Kentucky 
International Airport Class B airspace area, and revoking the 
Cincinnati/Northern Kentucky International Airport Class C airspace 
area. The establishment and revocation of these airspace areas was 
originally scheduled for implementation on December 31, 1998. However, 
the FAA delayed the effective date of the airspace action, to conduct 
an administrative airspace review of the Cincinnati/Northern Kentucky 
International Airport terminal area. The FAA completed the 
administrative review and this action confirms the effective date for 
establishment and revocation of these airspace areas.

EFFECTIVE DATES: The final rule published in the Federal Register on 
November 30, 1998 (63 FR 65972), and delayed on December 14, 1998 (63 
FR 68675), is effective 0901 UTC, July 15, 1999.

FOR FURTHER INFORMATION CONTACT: 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:

Regulatory History

Pre-Notice of Proposed Rulemaking Public Input

    In 1992 the FAA began the public process of briefing those affected 
by proposed airspace changes for the Cincinnati/Northern Kentucky 
International Airport. As announced in the Federal Register (57 FR 
32835; July 23, 1992) informal airspace meetings were held on September 
3 and 4, 1992, in the Ohio and Kentucky area. Owners and managers of 
the local general aviation airports, members of the aviation industry, 
fixed-base operators, and concerned airspace users provided input. An 
Ad Hoc User Group Advisory Committee, established by the FAA and 
composed of local aviation users, submitted seven recommendations and a 
Class B airspace design proposal. All comments received during the 
informal airspace meetings and the subsequent comment period were 
considered and/or incorporated in the notice of proposed rulemaking.

Notice of Proposed Rulemaking (NPRM)

    On February 10, 1998, the FAA published a NPRM in the Federal 
Register (63 FR 6818) proposing to establish a Class B airspace area 
and revoke the existing Class C airspace area at CVG. The 60-day 
comment period for this proposed rulemaking action closed on April 13, 
1998. However, the FAA received two petitions to extend the comment 
period and reopened the comment period on May 15, 1998, for an 
additional 60 days (63 FR 27160). The supplemental comment period 
closed on July 14, 1998. The FAA received 36 comments in response to 
this NPRM and they were addressed in the final rule.

Final Rule

    On November 30, 1998, the FAA published a final rule in the Federal 
Register (63 FR 65972) establishing a Class B airspace area and 
revoking the Class C airspace area for CVG. The CVG Class B airspace 
area consists of an area encompassing a 25-mile radius of CVG from the 
surface or higher up to and including 8,000 feet above mean sea level. 
The FAA took 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. The effective date 
of the rule was December 31, 1998.

Delay of Final Rule Implementation Date

    On December 14, 1998, the FAA issued a rule (63 FR 68675) that 
delayed the effective date of the rule establishing the CVG Class B 
airspace area, and revoking the Class C airspace area.
    After issuance of the final, but prior to the December 31, 1998, 
effective date, the FAA delayed the implementation date to evaluate 
whether this airspace action continued to be necessary to enhance the 
safety of air navigation, and whether there was new information that 
should have been considered prior to promulgating the final rule. The 
rule delaying the effective date was effective immediately to allow the 
FAA sufficient time to conduct an administrative airspace review.

Administrative Airspace Review

    The FAA conducted a review of the rule that established the 
Cincinnati/Northern Kentucky International Airport Class B Airspace 
Area, and revoked the Cincinnati/Northern Kentucky International 
Airport Class C Airspace Area; KY. The FAA revalidated the data and 
analysis used in formulating the airspace action. The FAA also reviewed 
the need for and configuration of the CVG Class B airspace area; the 
simulation modeling of the airspace area and analysis of air traffic in 
the Cincinnati terminal airspace area; and the analysis of comments 
received after the final rule establishing the Class B airspace area 
had been issued. It also considered whether there were any new issues 
not previously addressed in the NPRM or final rule.
    The results of the administrative airspace review confirm the FAA 
findings in the final rule. Many of the post final rule comments 
repeated those previously received in response to the NPRM, and 
addressed by the FAA in the final rule.
    Those commenting did not provide the FAA with any new information 
that would cause the FAA to change its determination concerning the 
need for the CVG Class B airspace area and its published configuration. 
The review also indicated that the level of current aircraft operations 
in the terminal area support establishment of the Cincinnati/Northern 
Kentucky International Airport Class B airspace area, and revocation of 
the Class C airspace area as published. The review found that the 
published design is the minimum airspace required to protect enplaned 
passengers and manage aircraft operations into, out of, and through the 
Cincinnati terminal airspace area.
    A copy of the Administrative Airspace Review has been placed in the 
official docket for this airspace effort. 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.
    The FAA has determined that this regulation only involves an 
established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
Therefore, this regulation (1) is not a significant regulatory action 
under Executive Order 12866; (2) is not a ``significant rule'' under 
DOT

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Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); 
and (3) does not warrant preparation of a Regulatory Evaluation as the 
anticipated impact is so minimal. Since this is a routine matter that 
will only affect air traffic procedures and air navigation, it is 
certified that this rule will not have a significant economic impact on 
a substantial number of small entities under the criteria of the 
Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Effective Date

    The effective date of Airspace Docket 93-AWA-5, as published in the 
Federal Register on November 30, 1998 (63 FR 65972), is 0901 UTC, July 
15, 1999. This effective date coincides with the scheduled publication 
date for the appropriate aeronautical chart for this area. Except for 
the change in the effective date, the preamble and final rule 
establishing the CVG Class B airspace area, and revoking the CVG Class 
C airspace area, as published in the Federal Register on November 30, 
1998 (63 FR 65972), remains the same.

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.
* * * * *
    Issued in Washington, DC, on April 7, 1999.
Nancy B. Kalinowski,
Acting Program Director for Air Traffic Airspace Management.
[FR Doc. 99-9019 Filed 4-7-99; 12:53 pm]
BILLING CODE 4910-13-P