[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