[Federal Register Volume 89, Number 44 (Tuesday, March 5, 2024)]
[Rules and Regulations]
[Pages 15736-15738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04610]



[[Page 15736]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-2377; Airspace Docket No. 23-AWA-6]
RIN 2120-AA66


Amendment of Class B Airspace Description; Cincinnati/Northern 
Kentucky International Airport, KY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, technical amendment.

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SUMMARY: This action amends the Cincinnati/Northern Kentucky 
International Airport, KY, Class B airspace area description by making 
editorial changes to three sub-area shelf boundaries of the Class B 
airspace from using the Cincinnati, KY, Very High Frequency 
Omnidirectional Range/Tactical Air Navigation (VORTAC) to a reference 
point. The reference point uses the same geographic coordinates as the 
Cincinnati VORTAC location listed in the existing description. 
Additionally, this action also removes the airport name from the 
airspace designation to comply with FAA regulatory guidance, updates 
the Airport Reference Point (ARP) geographic coordinates for the 
Cincinnati/Northern Kentucky International Airport to match the FAA 
National Airspace System Resource (NASR) database, and changes the 
Class B airspace center point from the Cincinnati/Northern Kentucky 
International Airport to ``Point of Origin''. The point of origin uses 
the same geographic coordinates as the Cincinnati/Northern Kentucky 
International Airport listed in the existing description. Finally, this 
action makes minor edits to the sub-area descriptions for clarity and 
readability. These changes are editorial only and do not alter the 
current boundaries, altitudes, ATC procedures, or operating 
requirements for the Cincinnati/Northern Kentucky International Airport 
Class B airspace.

DATES: Effective date 0901 UTC, May 16, 2024. The Director of the 
Federal Register approves this incorporation by reference action under 
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11 
and publication of conforming amendments.

ADDRESSES: A copy of this final rule, and all background material may 
be viewed online at www.regulations.gov using the FAA Docket number. 
Electronic retrieval help and guidelines are available on the website. 
It is available 24 hours each day, 365 days each year.
    FAA Order JO 7400.11H, Airspace Designations and Reporting Points, 
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and 
Regulations Group, Office of Policy, Federal Aviation Administration, 
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Rules and Regulations 
Group, Office of Policy, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority. This rulemaking is promulgated under the authority described 
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, 
the FAA is charged with prescribing regulations to assign the use of 
the airspace necessary to ensure the safety of aircraft and the 
efficient use of airspace. This regulation is within the scope of that 
authority as it modifies the National Airspace System as necessary to 
preserve the safe and efficient flow of air traffic.

History

    On June 19, 2021, the Cincinnati VORTAC was struck by lightning and 
caught fire which destroyed the navigational aid facility. As a result, 
the FAA issued a Notice to Air Missions (NOTAM) that has listed the 
Cincinnati VORTAC as out-of-service since the lightning strike. The 
Cincinnati VORTAC outage affects three of the Cincinnati/Northern 
Kentucky International Airport Class B airspace sub-areas which use the 
VORTAC to describe their boundaries. To retain the accuracy of the 
Cincinnati/Northern Kentucky International Airport Class B airspace 
area, the FAA is removing the Cincinnati VORTAC references in the three 
affected sub-areas and using a reference point located at the same 
geographic coordinates listed for the VORTAC.
    To overcome the lightning strike and Cincinnati VORTAC outage, the 
FAA plans to replace the destroyed Tactical Air Navigation (TACAN) and 
Distance Measuring Equipment (DME) equipment only. The VOR portion of 
the Cincinnati VORTAC is not planned for replacement as the VOR is one 
of the candidate VORs identified for discontinuance by the FAA's VOR 
MON program and listed in the final policy statement notice, 
``Provision of Navigation Services for the Next Generation Air 
Transportation System (NextGen) Transition to Performance-Based 
Navigation (PBN) (Plan for Establishing a VOR Minimum Operational 
Network),'' published in the Federal Register on July 26, 2016 (81 FR 
48694), Docket No. FAA-2011-1082. The FAA is planning to decommission 
the VOR portion of the Cincinnati VORTAC in February 2025.
    As noted previously, the Cincinnati/Northern Kentucky International 
Airport Class B airspace description uses the Cincinnati VORTAC to 
describe three sub-area shelf boundaries. To ensure there will be no 
changes to the existing charted boundaries of the Cincinnati/Northern 
Kentucky International Airport Class B airspace area, the FAA is 
removing the Cincinnati VORTAC references and using a reference point 
located at the same geographic coordinates (lat. 39[deg]00'57'' N, 
long. 084[deg]42'12'' W) listed for the Cincinnati VORTAC in the 
description prior to this rule.
    Additionally, the geographic coordinates for the Cincinnati/
Northern Kentucky International Airport ARP are updated to ``lat. 
39[deg]02'56'' N, long. 084[deg]40'04'' W'' to match the FAA's NASR 
database information. As a result of the Cincinnati/Northern Kentucky 
International Airport ARP moving northwest by approximately 1,900 feet, 
the FAA is changing the center point of the Class B airspace from the 
airport to a ``Point of Origin'' reference using the geographic 
coordinates ``lat. 39[deg]02'46'' N, long. 084[deg]39'44'' W'' that are 
listed for the Cincinnati/Northern Kentucky International Airport in 
the description prior to this rule.
    Lastly, references to the Indiana-Ohio State Line used in the Class 
B airspace description are removed since the state line is not a 
prominent landmark easily identified from the air and replaced with the 
longitude coordinates that reflect the state line more accurately using 
digital charting technology tools today. The longitude information 
listed for the state line is changed from ``long. 084[deg]49'00'' W'' 
to ``long. 084[deg]49'12'' W.''

Incorporation by Reference

    Class B airspace designations are published in paragraph 3000 of 
FAA Order JO 7400.11, Airspace Designations and Reporting Points,

[[Page 15737]]

which is incorporated by reference in 14 CFR 71.1 on an annual basis. 
This document amends the current version of that order, FAA Order JO 
7400.11H, dated August 11, 2023, and effective September 15, 2023. FAA 
Order JO 7400.11H is publicly available as listed in the ADDRESSES 
section of this document. These amendments will be published in the 
next update to FAA Order JO 7400.11.
    FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas, 
air traffic service routes, and reporting points.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 71 by making editorial changes to the Cincinnati/Northern Kentucky 
International Airport, KY, Class B airspace description. This action 
removes references to the Cincinnati VORTAC in three sub-area shelf 
boundaries (Areas B, C, and F) and replaces them with a reference point 
located at the same geographic coordinates for the Cincinnati VORTAC 
listed in the description prior to this rule. The Class B airspace 
boundaries affected by the Cincinnati VORTAC will remain unchanged and 
unaffected by replacing the Cincinnati VORTAC references to a reference 
point located at the Cincinnati VORTAC geographic coordinates.
    Additionally, the Cincinnati/Northern Kentucky International 
Airport, KY, Class B airspace description title is updated by removing 
the airport name and state from the Class B airspace designation and 
only listing the city and state where the airport is located 
(Covington, KY) to comply with the FAA's regulatory guidance. The 
geographic coordinates for the Cincinnati/Northern Kentucky 
International Airport ARP are also updated from ``lat. 39[deg]02'46'' 
N, long. 084[deg]39'44'' W'' to ``lat. 39[deg]02'56'' N, long. 
084[deg]40'04'' W'' to match the FAA's NASR database information. As a 
result of the ARP update to the Cincinnati/Northern Kentucky 
International Airport, the center point of the Class B airspace is 
changed from the airport to a ``Point of Origin'' using the geographic 
coordinates ``lat. 39[deg]02'46'' N, long. 084[deg]39'44'' W'' that 
match the geographic coordinates published for the Cincinnati/Northern 
Kentucky International Airport prior to this rule.
    Lastly, references to the Indiana-Ohio State Line are removed and 
replaced with the longitude coordinates that reflect the state line 
more accurately using digital charting technology tools. The longitude 
information listed for the state line is changed from ``long. 
084[deg]49'00'' W'' to ``long. 084[deg]49'12'' W.'' This removal of the 
state line reference and update of the longitude coordinates more 
accurately aligns with the Indiana-Ohio State Line and matches the 
currently charted boundaries that reference the state line. Further, 
minor editorial amendments are made to the Covington, KY, Class B 
airspace sub-area descriptions for clarity and readability.
    Since this action merely involves minor editorial amendments in the 
Covington, KY, Class B airspace area description and does not change 
the charted boundaries, altitudes, ATC procedures, or operating 
requirements for the Class B airspace area, notice and public procedure 
under 5 U.S.C. 553(b) are unnecessary and contrary to the public 
interest.

Regulatory Notices and Analyses

    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. 
It, therefore: (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under DOT 
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 
only affects air traffic procedures and air navigation, it is certified 
that this rule, when promulgated, does not have a significant economic 
impact on a substantial number of small entities under the criteria of 
the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action amending the Cincinnati/
Northern Kentucky International Airport, KY, Class B airspace 
description qualifies for categorical exclusion under the National 
Environmental Policy Act, 42 U.S.C. 4321; its implementing regulations 
at 40 CFR part 1500; and its agency-specific implementing regulations 
in FAA Order 1050.1F, ``Environmental Impacts: Policies and 
Procedures'' regarding categorical exclusions for procedural actions at 
paragraph 5-6.5a, which categorically excludes from full environmental 
impact review rulemaking actions that designate or modify classes of 
airspace areas, airways, routes, and reporting points. This airspace 
action is an editorial change only and is not expected to result in any 
potentially significant environmental impacts. In accordance with FAA 
Order 1050.1F, paragraph 5-2 regarding Extraordinary Circumstances, 
this action has been reviewed for factors and circumstances in which a 
normally categorically excluded action may have a significant 
environmental impact requiring further analysis, and it is determined 
that no extraordinary circumstances exist that warrant preparation of 
an environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

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

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

0
1. The authority citation for 14 CFR part 71 continues to read as 
follows:

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


Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO 
7400.11H, Airspace Designations and Reporting Points, signed August 11, 
2023, and effective September 15, 2023, is amended as follows:

Paragraph 3000 Class B Airspace.

* * * * *

ASO KY B Covington, KY

Cincinnati/Northern Kentucky International Airport, KY (Primary 
Airport)
    (Lat. 39[deg]02'56'' N, long. 084[deg]40'04'' W)
Point of Origin
    (Lat. 39[deg]02'46'' N, long. 84[deg]39'44'' W)

    Area A. That airspace extending upward from the surface to and 
including 10,000 feet MSL within a 5-mile radius of the Point of 
Origin.
    Area B. That airspace extending upward from 2,100 feet MSL to 
and including 10,000 feet MSL within the area bounded by a line 
beginning at the intersection of the 5-mile radius of the Point of 
Origin and the Kentucky bank of the Ohio River northeast of the 
airport; thence northeast along the Kentucky bank of the Ohio River 
to the 10-mile radius of the Point of Origin; thence clockwise along 
the 10-mile radius of the Point of Origin to the Kentucky bank of 
the Ohio River southwest of the airport; thence north along the 
Kentucky bank of the Ohio River to long. 084[deg]49'12'' W; thence 
north along long. 084[deg]49'12'' W to Interstate 275; thence 
northeast along Interstate 275 to Interstate 74; thence east along 
Interstate 74 to the 040[deg] bearing from a point located at lat. 
39[deg]00'57'' N, long. 084[deg]42'12'' W; thence

[[Page 15738]]

southwest along the 040[deg] bearing from the point located at lat. 
39[deg]00'57'' N, long. 084[deg]42'12'' W to the 5-mile radius of 
the Point of Origin; thence counterclockwise along the 5-mile radius 
of the Point of Origin to the point of beginning.
    Area C. That airspace extending upward from 3,000 feet MSL to 
and including 10,000 feet MSL within the area bounded by a line 
beginning at the intersection of Interstate 275 and long. 
084[deg]49'12'' W; thence north along long. 084[deg]49'12'' W to 
intersect the 20-mile radius of the Point of Origin; thence 
clockwise along the 20-mile radius of the Point of Origin to 
intersect the extended Runway 18L ILS localizer course; then south 
along the extended Runway 18L ILS localizer course to the 15-mile 
radius of the Point of Origin; thence clockwise along the 15-mile 
radius of the Point of Origin to long. 084[deg]30'00'' W; thence 
south along long. 084[deg]30'00'' W to the 10-mile radius of the 
Point of Origin; thence clockwise along the 10-mile radius of the 
Point of Origin to the Kentucky bank of the Ohio River; thence west 
along the Kentucky bank of the Ohio River to the 5-mile radius of 
the Point of Origin; thence counterclockwise along the 5-mile radius 
of the Point of Origin to the 040[deg] bearing from a point located 
at lat. 39[deg]00'57'' N, long. 084[deg]42'12'' W; thence northeast 
along the 040[deg] bearing from the point located at lat. 
39[deg]00'57'' N, long. 084[deg]42'12'' W to Interstate 74; thence 
west along Interstate 74 to Interstate 275; thence west along 
Interstate 275 to the point of beginning. That airspace beginning at 
the intersection of the 10-mile radius southeast of the Point of 
Origin and long. 084[deg]30'00'' W; thence south along long. 
084[deg]30'00'' W to the 15-mile radius of the Point of Origin; 
thence clockwise along the 15-mile radius of the Point of Origin to 
intersect the extended Runway 36R ILS localizer course; thence south 
along the extended Runway 36R ILS localizer course to the 20-mile 
radius of the Point of Origin, thence clockwise along the 20-mile 
radius of the Point of Origin to long. 084[deg]49'00'' W; thence 
north along long. 084[deg]49'00'' W to the Kentucky bank of the Ohio 
River; thence north along the Kentucky bank of the Ohio River to the 
10-mile radius of the Point of Origin; thence counterclockwise along 
the 10-mile radius of the Point of Origin to the point of beginning.
    Area D. That airspace extending upward from 3,500 feet MSL to 
and including 10,000 feet MSL within the area bounded by a line 
beginning at the intersection of lat. 39[deg]09'18'' N and the 10-
mile radius northeast of the Point of Origin; thence east along lat. 
39[deg]09'18'' N to the 15-mile radius of the Point of Origin; 
thence clockwise along the 15-mile radius of the Point of Origin to 
lat. 38[deg]56'15'' N; thence west along lat. 38[deg]56'15'' N to 
the 10-mile radius of the Point of Origin; thence counterclockwise 
along the 10-mile radius of the Point of Origin 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 Point of Origin; thence west along lat. 38[deg]56'15'' N to 
the 15-mile radius of the Point of Origin; thence clockwise along 
the 15-mile radius of the Point of Origin to lat. 39[deg]09'18'' N; 
thence east along lat. 39[deg]09'18'' N to long. 084[deg]49'12'' W; 
thence south along long. 084[deg]49'12'' W to the Kentucky bank of 
the Ohio River; thence south along the Kentucky bank of the Ohio 
River to the point of beginning. That airspace beginning at the 
intersection of the 15-mile radius north of the Point of Origin and 
the extended ILS Runway 18L localizer course; thence north along the 
extended ILS Runway 18L localizer course to the 20-mile radius of 
the Point of Origin; thence clockwise along the 20-mile radius of 
the Point of Origin to long. 084[deg]30'00'' W; thence south along 
long. 084[deg]30'00'' W to the 15-mile radius of the Point of 
Origin; thence counterclockwise along the 15-mile radius of the 
Point of Origin to the point of beginning. That airspace beginning 
at the intersection of the 15-mile radius south of the Point of 
Origin and the extended ILS Runway 36R localizer course; thence 
south along the extended ILS Runway 36R localizer to the 20-mile 
radius of the Point of Origin; thence counterclockwise along the 20-
mile radius of the Point of Origin to long. 084[deg]30'00'' W; 
thence north along long. 084[deg]30'00'' W to the 15-mile radius of 
the Point of Origin; thence clockwise along the 15-mile radius of 
the Point of Origin to the point of beginning.
    Area E. That airspace extending upward from 4,000 feet MSL to 
and including 10,000 feet MSL within the area bounded by a line 
beginning at the intersection of the 20-mile radius northwest of the 
Point of Origin and long. 084[deg]49'12'' W; thence north along 
long. 084[deg]49'12'' W to the 25-mile radius of the Point of 
Origin; thence clockwise along the 25-mile radius of the Point of 
Origin to long. 084[deg]30'00'' W; thence south along long. 
084[deg]30'00'' W to the 20-mile radius of the Point of Origin; 
thence counterclockwise along the 20-mile radius of the Point of 
Origin to the point of beginning. That airspace beginning at the 
intersection of the 20-mile radius southeast of the Point of Origin 
and long. 084[deg]30'00'' W; thence south along long. 
084[deg]30'00'' W to the 25-mile radius of the Point of Origin; 
thence clockwise along the 25-mile radius of the Point of Origin to 
long. 084[deg]49'00'' W; thence north along long. 084[deg]49'00'' W 
to the 20-mile radius of the Point of Origin; thence 
counterclockwise along the 20-mile radius of the Point of Origin to 
the point of beginning.
    Area F. That airspace extending upward from 5,000 feet MSL to 
and including 10,000 feet MSL within the area bounded by a line 
beginning at the intersection of the 25-mile radius north of the 
Point of Origin and long. 084[deg]30'00'' W; thence clockwise along 
the 25-mile radius of the Point of Origin to the 056[deg] bearing 
from a point located at lat. 39[deg]00'57'' N, long. 084[deg]42'12'' 
W; thence southwest along the 056[deg] bearing of the point located 
at lat. 39[deg]00'57'' N, long. 084[deg]42'12'' W to the 20-mile 
radius of the Point of Origin; thence clockwise along the 20-mile 
radius of the Point of Origin to the 116[deg] bearing from a point 
located at lat. 39[deg]00'57'' N, long. 084[deg]42'12'' W; thence 
southeast along the 116[deg] bearing from a point located at lat. 
39[deg]00'57'' N, long. 084[deg]42'12'' W to the 25-mile radius of 
the Point of Origin; thence clockwise along the 25-mile radius of 
the Point of Origin to long. 084[deg]30'00'' W; thence north along 
long. 084[deg]30'00'' W to the intersection of the 10-mile radius of 
the Point of Origin and lat. 38[deg]56'15'' N; thence east along 
lat. 38[deg]56'15'' N to the 15-mile radius of the Point of Origin; 
thence counterclockwise along the 15-mile radius of the Point of 
Origin to lat. 39[deg]09'18'' N; thence west along lat. 
39[deg]09'18'' N to the intersection of the 10-mile radius of the 
Point of Origin and long. 084[deg]30'00'' W; thence north along 
long. 084[deg]30'00'' W to the point of beginning. That airspace 
beginning at the intersection of the 25-mile radius north of the 
Point of Origin and long. 084[deg]49'12'' W; thence counterclockwise 
along the 25-mile radius of the Point of Origin to the 297[deg] 
bearing from a point located at lat. 39[deg]00'57'' N, long. 
084[deg]42'12'' W; thence southeast along the 297[deg] bearing from 
the point located at lat. 39[deg]00'57'' N, long. 084[deg]42'12'' W 
to the 20-mile radius of the Point of Origin; thence 
counterclockwise along the 20-mile radius of the Point of Origin to 
the 247[deg] bearing from a point located at lat. 39[deg]00'57'' N, 
long. 084[deg]42'12'' W; thence southwest along the 247[deg] bearing 
from a point located at lat. 39[deg]00'57'' N, long. 084[deg]42'12'' 
W to the 25-mile radius of the Point of Origin; thence 
counterclockwise along the 25-mile radius of the Point of Origin to 
long. 084[deg]49'00'' W; thence north along long. 084[deg]49'00'' W 
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 along lat. 38[deg]56'15'' N to the 15-mile radius of the Point 
of Origin; thence clockwise along the 15-mile radius of the Point of 
Origin to lat. 39[deg]09'18'' N; thence east along lat. 
39[deg]09'18'' N to long. 084[deg]49'12'' W; thence north along 
long. 084[deg]49'12'' W to the point of beginning.
* * * * *

    Issued in Washington, DC, on February 28, 2024.
Frank Lias,
Manager, Rules and Regulations Group.
[FR Doc. 2024-04610 Filed 3-4-24; 8:45 am]
BILLING CODE 4910-13-P