[Federal Register Volume 91, Number 68 (Thursday, April 9, 2026)]
[Rules and Regulations]
[Pages 17847-17849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-06846]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2026-0534; Airspace Docket No. 26-ASO-2]
RIN 2120-AA66
Amendment of Class E Airspace; Covington, KY
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action amends the Class E airspace at Covington, KY. The
geographic coordinates of the Cincinnati Municipal Airport/Lunken
Field, Cincinnati, OH, contained within the Covington, KY, Class E
airspace legal description are also being updated to coincide with the
FAA's aeronautical database. This action is the result of an airspace
review conducted due to the decommissioning of the Cincinnati very high
frequency omnidirectional range (VOR) as part of the VOR Minimum
Operational Network (MON) Program. It brings the airspace into
compliance with FAA orders and supports instrument flight rule (IFR)
procedures and operations.
DATES: Effective 0901 UTC, July 9, 2026. 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 the notice of proposed rulemaking (NPRM), all
comments received, 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. An electronic
copy of this document may also be downloaded from
www.federalregister.gov.
FAA Order JO 7400.11K, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the
[[Page 17848]]
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 amends the Class E airspace at the affected airports to support
IFR operations.
History
The FAA published an NPRM for Docket No. FAA-2025-0534 in the
Federal Register (91 FR 2321; January 20, 2026) and an NPRM correction
(91 FR 6152; February 11, 2026) proposing to amend the Class E airspace
at Covington, KY. Interested parties were invited to participate in
this rulemaking effort by submitting written comments on the proposal
to the FAA. Eight (8) comments were received. Two (2) comments did not
apply to the action, so no response is provided. Four (4) comments
supported the action, and FAA acknowledges the support. And two (2)
duplicative comments were received supporting further expansion of the
Class E airspace rather than the proposed reduction; the following
response is provided.
The FAA understands and appreciates the opinions expressed for a
further expansion of the Class E airspace at Covington, KY; however,
the FAA has an obligation to preserve the general public's right of
transit through the navigable airspace and therefore must classify
controlled airspace only as required for IFR operations and air traffic
control. The requirements and criteria for airspace design are outlined
within FAA Order JO 7400.2R, Procedures for Handling Airspace Matters,
and this order was followed in the amendment of the Class E airspace at
Covington, KY.
Differences From the NPRM
Subsequent to the publication of the NPRM, the FAA discovered that
the geographic coordinates for Cincinnati Municipal Airport/Lunken
Field, Cincinnati, OH, contained in the Covington, KY, Class E airspace
legal description, should have been updated. As this update does not
materially change the boundaries of the proposed airspace or impose any
additional requirements on users of the airspace, the FAA has
determined that good cause exists for not recirculating this action for
public comment, and the geographic coordinates are being corrected in
this action.
Incorporation by Reference
Class E airspace designations are published in paragraph 6005 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 amends the current version of that order, FAA Order JO
7400.11K, dated August 4, 2025, and effective September 15, 2025. These
amendments will be published in the next update to FAA Order JO
7400.11. FAA Order JO 7400.11K, which lists Class A, B, C, D, and E
airspace areas, air traffic service routes, and reporting points, is
publicly available as listed in the ADDRESSES section of this document.
The Rule
This action amends 14 CFR part 71 by modifying the Class E airspace
extending upward from 700 ft. above the surface at Covington, KY, due
to airspace reviews conducted as part of the decommissioning of the
Cincinnati VOR as part of the VOR MON Program.
For the Cincinnati/Northern Kentucky International Airport,
Covington, KY, Class E airspace extending upward from 700 ft. above the
surface, the action decreases the radius from 10 miles to 7.9 miles
from the airport.
For the Cincinnati Municipal Airport/Lunken Field, Cincinnati, OH,
Class E airspace extending upward from 700 ft. above the surface
contained within the Covington, KY, airspace legal description, the
action updates the geographic coordinates of the airport.
For the Clermont County Airport, Batavia, OH, Class E airspace
extending upward from 700 ft. above the surface contained within the
Covington, KY, airspace legal description, the action increases the
radius from 6.8 miles to 7 miles.
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
Order 2100.6B, ``Policies and Procedures for Rulemakings'' (March 10,
2025); 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 qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1G, ``FAA National Environmental Policy Act
Implementing Procedures,'' Paragraph B-2.5(a). This airspace action is
not expected to cause any potentially significant environmental
impacts, and no extraordinary circumstances exist that warrant
preparation of an environmental assessment.
Lists of Subjects in 14 CFR 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
7400.11K, Airspace Designations and Reporting Points, dated August 4,
2025, and effective September 15, 2025, is amended as follows:
Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.
* * * * *
[[Page 17849]]
ASO KY E5 Covington, KY [Amended]
Cincinnati/Northern Kentucky International Airport, KY
(Lat. 39[deg]02'56'' N, long. 084[deg]40'04'' W)
Cincinnati Municipal Airport/Lunken Field, OH
(Lat. 39[deg]06'11'' N, long. 084[deg]25'03'' W)
Clermont County Airport, OH
(Lat. 39[deg]04'42'' N, long. 084[deg]12'37'' W)
That airspace extending upward from 700 feet above the surface
within a 7.9-mile radius of Cincinnati/Northern Kentucky
International Airport; and within an 8.8-mile radius of Cincinnati
Municipal Airport/Lunken Field; and within 2 miles each side of the
021[deg] bearing from the Cincinnati Municipal Airport/Lunken Field
extending from the 8.8-mile radius of the Cincinnati Municipal
Airport/Lunken Field to 12.3 miles north of Cincinnati Municipal
Airport/Lunken Field; and within 2 miles each side of the 062[deg]
bearing of the Cincinnati Municipal Airport/Lunken Field extending
from the 8.8-mile radius of Cincinnati Municipal Airport/Lunken
Field to 11 miles northeast of Cincinnati Municipal Airport/Lunken
Field; and within 2 miles each side of the 201[deg] bearing from the
Cincinnati Municipal Airport/Lunken Field extending from the 8.8-
mile radius of the Cincinnati Municipal Airport/Lunken Field to 11.7
miles south of Cincinnati Municipal Airport/Lunken Field; and within
a 7-mile radius of Clermont County Airport.
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Issued in Fort Worth, Texas, on April 7, 2026.
Jerry J. Creecy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2026-06846 Filed 4-8-26; 8:45 am]
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