[Federal Register Volume 89, Number 52 (Friday, March 15, 2024)]
[Proposed Rules]
[Pages 18857-18859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05425]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2024-0542; Airspace Docket No. 24-AGL-8]
RIN 2120-AA66


Amendment of Class D and Class E Airspace; Cincinnati, OH

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the Class D and Class E airspace 
at Cincinnati, OH. The FAA is proposing this action as the result of an 
airspace review conducted as part of the decommissioning of the 
Cincinnati very high frequency omnidirectional range (VOR) as part of 
the VOR Minimum Operational Network (MON) Program. This action would 
also update the name of the airport to coincide with the FAA's 
aeronautical database. This action will bring the airspace into 
compliance with FAA orders and support instrument flight rule (IFR) 
procedures and operations.

DATES: Comments must be received on or before April 29, 2024.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2024-0542 and 
Airspace Docket No. 24-AGL-8 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow 
the online instruction for sending your comments electronically.
    * Mail: Send comments to Docket Operations, M-30; U.S. Department 
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West 
Building Ground Floor, Washington, DC 20590-0001.
    * Hand Delivery or Courier: Take comments to Docket Operations in 
Room W12-140 of the West Building Ground Floor at 1200 New Jersey 
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.
    * Fax: Fax comments to Docket Operations at (202) 493-2251.
    Docket: Background documents or comments received may be read at 
www.regulations.gov at any time. Follow the online instructions for 
accessing the docket or go to Docket Operations in Room W12-140 of the 
West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, 
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

[[Page 18858]]

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: Jeffrey Claypool, Federal Aviation 
Administration, Operations Support Group, Central Service Center, 10101 
Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5711.

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 
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 would amend the Class D airspace and Class E surface airspace at 
Cincinnati Municipal Airport/Lunken Field, Cincinnati, OH, to support 
IFR operations at this airport.

Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal. The most 
helpful comments reference a specific portion of the proposal, explain 
the reason for any recommended change, and include supporting data. To 
ensure the docket does not contain duplicate comments, commenters 
should submit only one time if comments are filed electronically, or 
commenters should send only one copy of written comments if comments 
are filed in writing.
    The FAA will file in the docket all comments it receives, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this proposed rulemaking. Before acting on this 
proposal, the FAA will consider all comments it received on or before 
the closing date for comments. The FAA will consider comments filed 
after the comment period has closed if it is possible to do so without 
incurring expense or delay. The FAA may change this proposal in light 
of the comments it receives.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT post these 
comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov as described in the system 
of records notice (DOT/ALL-14FDMS), which can be reviewed at 
www.dot.gov/privacy.

Availability of Rulemaking Documents

    An electronic copy of this document may be downloaded through the 
internet at www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's web page at 
www.faa.gov/air_traffic/publications/airspace_amendments/. You may 
review the public docket containing the proposal, any comments 
received, and any final disposition in person in the Dockets Office 
(see the ADDRESSES section for the address, phone number, and hours of 
operations). An informal docket may also be examined during normal 
business hours at the Federal Aviation Administration, Air Traffic 
Organization, Central Service Center, Operations Support Group, 10101 
Hillwood Parkway, Fort Worth, TX 76177.

Incorporation by Reference

    Class D and E airspace is published in paragraphs 5000 and 6002 of 
FAA Order JO 7400.11, Airspace Designations and Reporting Points, which 
is incorporated by reference in 14 CFR 71.1 on an annual basis. This 
document proposes to amend the current version of that order, FAA Order 
JO 7400.11H, dated August 11, 2023, and effective September 15, 2023. 
These updates would be published subsequently in the next update to FAA 
Order JO 7400.11. That order is publicly available as listed in the 
ADDRESSES section of this document. FAA Order JO 7400.11H lists Class 
A, B, C, D, and E airspace areas, air traffic service routes, and 
reporting points.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 by:
    Modifying the Class D airspace within a 4.2-mile (increased from a 
4.1-mile) radius of Cincinnati Municipal Airport/Lunken Field, 
Cincinnati, OH; and within 2 miles each side of the 024[deg] bearing 
from the airport extending from the 4.2-mile radius to 5.9 miles 
northeast of the airport; and within 2 miles northwest and 1.7 miles 
southeast of the 064[deg] bearing from the airport extending from the 
4.2-mile radius to 5.3 miles northeast of the airport; and within 2.1 
miles each side of the 204[deg] bearing from the airport extending from 
the 4.2-mile radius to 6.2 miles southwest of the airport; and within 2 
miles northwest and 1.7 miles southeast of the 244[deg] bearing from 
the airport extending from the 4.2-mile radius to 5.2 miles southwest 
of the airport; updating the name of the airport (previously Cincinnati 
Municipal Airport Lunken Field) to coincide with the FAA's aeronautical 
database; and replacing the outdated terms ``Notice to Airmen'' and 
``Airport/Facility Directory'' with ``Notice to Air Missions'' and 
``Chart Supplement'';
    And modifying the Class E surface airspace to within a 4.2-mile 
(increased from a 4.1-mile) radius of Cincinnati Municipal Airport/
Lunken Field, Cincinnati, OH; and within 2 miles each side of the 
024[deg] bearing from the airport extending from the 4.2-mile radius to 
5.9 miles northeast of the airport; and within 2 miles northwest and 
1.7 miles southeast of the 064[deg] bearing from the airport extending 
from the 4.2-mile radius to 5.3 miles northeast of the airport; and 
within 2.1 miles each side of the 204[deg] bearing from the airport 
extending from the 4.2-mile radius to 6.2 miles southwest of the 
airport; and within 2 miles northwest and 1.7 miles southeast of the 
244[deg] bearing from the airport extending from the 4.2-mile radius to 
5.2 miles southwest of the airport; updating the name of the airport 
(previously Cincinnati Municipal Airport Lunken Field) to coincide with 
the FAA's aeronautical database; and replacing the outdated terms 
``Notice to Airmen'' and ``Airport/Facility Directory'' with ``Notice 
to Air Missions'' and ``Chart Supplement''.
    This action is the result of an airspace review conducted as part 
of the decommissioning of the Cincinnati VOR as part of the VOR MON 
Program and to support IFR operations at this airport.

Regulatory Notices and Analyses

    The FAA has determined that this proposed 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

[[Page 18859]]

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 proposed rule, when promulgated, 
will not have a significant economic impact on a substantial number of 
small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in 
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies 
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 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, dated August 11, 
2023, and effective September 15, 2023, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AGL OH D Cincinnati, OH [Amended]

Cincinnati Municipal Airport/Lunken Field, OH
    (Lat 39[deg]06'12'' N, long 84[deg]25'07'' W)

    That airspace extending upward from the surface to and including 
3,000 feet MSL within a 4.2-mile radius of the Cincinnati Municipal 
Airport/Lunken Field; and within 2 miles each side of the 024[deg] 
bearing from the airport extending from the 4.2-mile radius to 5.9 
miles northeast of the airport; and within 2 miles northwest and 1.7 
miles southeast of the 064[deg] bearing from the airport extending 
from the 4.2-mile radius to 5.3 miles northeast of the airport; and 
within 2.1 miles each side of the 204[deg] bearing from the airport 
extending from the 4.2-mile radius to 6.2 miles southwest of the 
airport; and within 2 miles northwest and 1.7 miles southeast of the 
244[deg] bearing from the airport extending from the 4.2-mile radius 
to 5.2 miles southwest of the airport excluding that airspace within 
the Covington, KY, Class B airspace area. This Class D airspace area 
is effective during the specific dates and times established in 
advance by Notice to Missions. The effective dates and times will 
thereafter be continuously published in the Chart Supplement.
* * * * *

Paragraph 6002 Class E Airspace Areas Designated as Surface Areas.

* * * * *

AGL OH E2 Cincinnati, OH [Amended]

Cincinnati Municipal Airport/Lunken Field, OH
    (Lat 39[deg]06'12'' N, long 84[deg]25'07'' W)

    That airspace within a 4.2-mile radius of the Cincinnati 
Municipal Airport/Lunken Field; and within 2 miles each side of the 
024[deg] bearing from the airport extending from the 4.2-mile radius 
to 5.9 miles northeast of the airport; and within 2 miles northwest 
and 1.7 miles southeast of the 064[deg] bearing from the airport 
extending from the 4.2-mile radius to 5.3 miles northeast of the 
airport; and within 2.1 miles each side of the 204[deg] bearing from 
the airport extending from the 4.2-mile radius to 6.2 miles 
southwest of the airport; and within 2 miles northwest and 1.7 miles 
southeast of the 244[deg] bearing from the airport extending from 
the 4.2-mile radius to 5.2 miles southwest of the airport excluding 
that airspace within the Covington, KY, Class B airspace area. This 
Class E airspace area is effective during the specific dates and 
times established in advance by Notice to Missions. The effective 
dates and times will thereafter be continuously published in the 
Chart Supplement.
* * * * *

    Issued in Fort Worth, Texas, on March 11, 2024.
Steven T. Phillips,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2024-05425 Filed 3-14-24; 8:45 am]
BILLING CODE 4910-13-P