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

SUMMARY: This action establishes a Class B airspace area and revokes

the existing Class C airspace area for the Cincinnati/Northern Kentucky

International Airport. The Cincinnati Class B airspace area will

consist of an area encompassing a 25-mile radius of the Cincinnati/

Northern Kentucky International Airport from the surface or higher up

to and including 8,000 feet above mean sea level. The current Class C

airspace area serving the Cincinnati/Northern Kentucky International

Airport will be revoked concurrent with the implementation of this

action. The FAA is taking 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 while

accommodating the concerns of the airspace users.

EFFECTIVE DATE: 0901 UTC, December 31, 1998.

FOR FURTHER INFORMATION CONTACT: Ms. 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:

Availability of Final Rule

An electronic copy of this document may be downloaded, using a

modem and suitable communications software, from the FAA regulations

section of the Fedworld electronic bulletin board service (telephone

number: 703-321-3339), or the Government Printing Office's electronic

bulletin board service (telephone number: 202-512-1661), or the FAA's

Aviation Rulemaking Advisory Committee Bulletin Board service

(telephone 800-322-2722 or 202-267-5948).

Internet users may reach the FAA's web page at http://www.faa.gov/

avr/arm/nprm/nprm.htm or the Government Printing Office's web page at

http://www.access.gpo.gov/nara for access to recently published

rulemaking documents.

Any person may obtain a copy of this final rule by submitting a

request to the Federal Aviation Administration, Office of Rulemaking,

ARM-1, 800 Independence Avenue, SW., Washington, DC 20591, or by

calling 202-267-9680. Communications must identify the amendment number

or docket number for this final rule.

Persons interested in being placed on the mailing list for future

Notices of Proposed Rulemaking and Final Rules should request from the

FAA's Office of Rulemaking (address above) a copy of Advisory Circular

No. 11-2A, Notice of Proposed Rulemaking Distribution System, which

describes the application procedure.

Small Entity Inquiries

The Small Business Regulatory Enforcement Fairness Act of 1996

(SBREFA) requires the FAA to report inquiries from small entities

concerning information on, and advice about, compliance with statutes

and regulations within the FAA's jurisdiction, including interpretation

and application of the law to specific sets of facts supplied by a

small entity.

If you are a small entity and have a question, contact your local

FAA official. If you do not know how to contact your local FAA

official, you may contact Charlene Brown, Program Analyst Staff, Office

of Rulemaking, ARM-27, Federal Aviation Administration, 800

Independence Avenue, SW., Washington, DC 20591, 1-888-551-1594.

Internet users can find additional information on SBREFA in the ``Quick

Jump'' section of the FAA's web page at http://www.faa.gov and may send

electronic inquiries to the following Internet address: 9-AWA-

[email protected]

Related Rulemaking Actions

On May 21, 1970, the FAA published in the Federal Register the

Designation of Federal Airways, Controlled Airspace, and Reporting

Points Final Rule (35 FR 7782; May 21, 1970). This rule provided for

the establishment of Terminal Control Airspace (TCA) areas (now known

as Class B airspace areas).

On October 14, 1988, the FAA published in the Federal Register the

Terminal Control Area Classification and Terminal Control Area Pilot

and Navigation Equipment Requirements Final Rule (53 FR 40318; Oct. 14,

1988). This rule, in part, requires the pilot-in-command of a civil

aircraft operating within a Class B airspace area to hold at least a

private pilot certificate, except for a student pilot who has received

certain documented training.

On December 17, 1991, the FAA published in the Federal Register the

Airspace Reclassification Final Rule (56 FR 65638; Dec. 17, 1991). This

rule discontinued the use of the term ``Terminal Control Area'' and

replaced it with the designation ``Class B airspace area.'' This change

in terminology is reflected in this final rule.

Background

The TCA area program was developed to reduce the potential for

midair collision in the congested airspace surrounding airports with

high density air traffic by providing an area wherein all aircraft are

subject to certain operating rules and equipment requirements.

The density of traffic and the type of operations being conducted

in the airspace surrounding major terminals increase the probability of

midair collisions. In 1970, an extensive study found that the majority

of midair collisions occurred between general aviation (GA) aircraft

and air carrier or military aircraft, or between one GA aircraft and

another GA aircraft. The basic cause common to these conflicts was the

mix of aircraft operating under visual flight rules (VFR) and aircraft

operating under instrument flight rules (IFR). Class B airspace areas

provide a method to accommodate the increasing number of IFR and VFR

operations. The regulatory requirements of these airspace areas afford

the greatest protection for the greatest number of people by giving air

traffic control increased capability to provide aircraft separation

service, thereby minimizing the mix of controlled and uncontrolled

aircraft.

The standard configuration of these airspace areas contains three

concentric circles centered on the primary airport extending to 10, 20,

and 30 nautical miles (NM), respectively. The standard vertical limit

of these airspace areas normally should not exceed 10,000 feet mean sea

level (MSL), with the floor established at the surface in the inner

area and at levels appropriate to the containment of operations in the

outer areas. Variations of these criteria may be utilized contingent on

the terrain, adjacent regulatory airspace, and factors unique to the

terminal area.

Public Input

On February 10, 1998, the FAA published a notice of proposed

rulemaking (NPRM) in the Federal Register (Airspace Docket 93-AWA-5;

[[Page 65973]]

63 FR 6818; Feb. 10, 1998; correction at 63 FR 9459; Feb. 25, 1998)

proposing to establish a Class B airspace area and revoke the existing

Class C airspace area for the Cincinnati/Northern Kentucky

International Airport (CVG). The comment period for this proposed

rulemaking action closed on April 13, 1998. However, the FAA received

two petitions to extend the comment period. On May 15, 1998, in

response to these petitions, the FAA reopened the comment period for an

additional 60 days (63 FR 27160; May 15, 1998). The supplemental

comment period closed on July 14, 1998.

In response to the proposal the FAA received 36 comments. All

comments received were considered before making a determination on this

final rule. An analysis of the comments received and the FAA's

responses are summarized below.

Discussion of Comments

Two commenters suggested that the proposed configuration of the

Cincinnati Class B airspace area had changed and was not the same as

presented to the public during the informal airspace meetings.

The FAA disagrees with these comments. The proposed configuration

for the Class B airspace area presented during the informal meetings

held on September 3 and 4, 1992 (57 FR 32835; July 23, 1992) is the

same as published in the Notice of Proposed Rulemaking (NPRM) on

February 10, 1998.

The Experimental Aircraft Association (EAA), Chapter 174 and

several other commenters recommended the adoption of a modified

airspace area that would eliminate areas F and G from the FAA's

proposal, and that would use a vertical ceiling of 6,000 feet instead

of the 8,000-foot ceiling proposed by the FAA. These commenters believe

that the elimination of these areas would allow aircraft to operate to

and from satellite airports without the need for an altitude encoding

transponder.

Several commenters recommended reducing the size of the proposed

Class B airspace area to a 15- to 20-mile radius rather than the

proposed 25-mile radius. These commenters are of the opinion that a

smaller Class B airspace area should be sufficient airspace to

accommodate aircraft operations into and out of CVG, would allow more

airspace for non-participating aircraft electing to circumnavigate the

area, and would reduce the probability of numerous aircraft in a

concentrated area.

The FAA does not agree with these comments. Areas F and G of this

Class B airspace area support IFR approaches and departure procedures

for CVG, and provide optimum use of the airspace to contain aircraft

operations and enhance aviation safety. The purpose of a Class B

airspace area is to provide for the separation, segregation, and

control of aircraft operations, creating a safer environment in

congested terminal areas. On March 11, 1970, the FAA published in the

Federal Register the results of a Midair Collision Study Program

(Notice 69-41B). The study found that 97 percent of the terminal area

incidents occurred below 8,000 feet above ground level (AGL), and that

the vast majority involved conflict between GA aircraft, and either air

carriers, military, or another GA aircraft. The study also highlighted

that the mix of noncontrolled VFR, and controlled IFR aircraft was a

basic causal factor of these air traffic conflicts.

The FAA believes that the proposed vertical 8,000-foot ceiling is

necessary to provide greater protection for air traffic in the airspace

areas most commonly used by passenger-carrying aircraft and still

provide sufficient areas for those aircraft electing to circumnavigate

the Class B airspace area. In addition, aircraft transitioning from the

outer fixes to final approach courses at satellite airports routinely

enter the terminal area at 5,000 feet from the south and southeast.

Because of the high volume of arrival and departure aircraft at the

primary airport, it is necessary to utilize the area between 20-25 NM,

including areas F and G, to transition lower performance aircraft to

and from the satellite airports.

Many commenters submitted comments specifically addressing the area

commonly known as the Mode C Veil area, which is the 30-mile radius of

a Class B airspace area primary airport up to the floor of the Class B

airspace, and associated equipment requirements. These commenters are

of the opinion that the veil area creates an unnecessary economic

burden on aircraft operations within the proposed Class B airspace

area. The Aircraft Owners and Pilots Association (AOPA) and others

commented that the provisions of Special Federal Aviation Regulations

No. 62 (SFAR 62), Suspension of Certain Aircraft Operations From the

Transponder With Automatic Pressure Altitude Reporting Capability

Requirement, was intended to suspend the altitude encoding capability

requirement for certain operations to and from specific outlying

airports located within 30 NM of a Class B airspace area.

In response to the Department of Transportation and Related

Agencies Appropriation Bill, 1988 (Pub. L. 100-202) and the Airport and

Airway Safety and Capacity Expansion Act of 1987 (Pub. L. 100-223), the

FAA published in the Federal Register the Transponder with Automatic

Altitude Reporting Capability Requirement Final Rule (53 FR 23356; June

21, 1988). This rule, commonly referred to as the ``Mode C rule,''

requires all aircraft to have an altitude encoding transponder when

operating within 30 NM of any designated Class B airspace area primary

airport from the surface up to 10,000 feet MSL. This rule also provides

an exclusion for those aircraft that were not originally certificated

with an engine-driven electrical system, (or those that have not

subsequently been certified with such a system), balloons, or gliders

operating outside of the Class B airspace area, but within the 30 NM

veil area.

On December 5, 1990, the FAA issued SFAR 62. The intent of the SFAR

was to provide temporary relief for approximately 300 airports at which

operations by aircraft not equipped with a transponder with altitude

encoding capability could be conducted at or below a specified altitude

(1) within a 2 NM radius of a listed airport; and (2) along a direct

route between that airport and the outer boundary of the veil area. The

SFAR expired in December of 1993. Comments relating to the expired SFAR

are beyond the scope of this rulemaking effort.

The commenters are correct that the proposed airspace area will

have a veil area wherein a transponder with altitude encoding

capability will be required. Section 91.215 of title 14 of the Code of

Federal Regulations (CFR) sets out requirements for air traffic control

(ATC) transponder and altitude reporting equipment and use; however,

this regulation also includes procedures whereby aircraft not equipped

with the required transponder equipment may get relief from the

stipulated requirements.

In the preamble of the Mode C rule, the FAA assessed the economic

impact on aircraft operators complying with the rule. The FAA

acknowledged that the rule would impose an additional cost component

for transponder maintenance. The FAA also projected the cost for

obtaining transponder and altitude encoding equipment, and estimated at

the time of rulemaking that some aircraft operators would incur a one-

time acquisition and installation cost ranging between $900 and $2,000,

depending on whether or not they had a transponder. However, the FAA

still finds that the potential benefits, primarily in the form of

enhanced safety to the aviation community and flying

[[Page 65974]]

public, far outweigh the economic factors. Additionally, those aircraft

transiting the area that do not want to establish radio communication

with ATC may also choose to circumnavigate the Class B airspace area.

As set out in the regulatory evaluation for this rule (see ``Economic

Evaluation'' below), the FAA believes that any costs associated with

circumnavigation will be negligible.

The FAA received several comments concerning accessibility to

satellite airports located within the lateral boundaries of the Class B

airspace area. Some of the comments recommended a cutout for Hamilton-

Fairfield, Hickory Grove, Blue Ash, and Clermont Airports to ensure

that these airports remain accessible. These commenters are of the

opinion that cutouts should be utilized to remove satellite airports

from the Class B airspace area and, consequently, the requirements of

the Mode C Veil.

The FAA does not agree with these comments. Providing a cutout

would remove these satellite airports from the Class B airspace area;

however, the satellite airports would remain within the Mode C Veil and

continue to be subject to the Class B airspace equipment requirements.

The FAA notes that 14 CFR 91.215(d) provides for ATC-authorized

deviations under certain conditions. An ATC deviation may require,

among other conditions, two-way radio communication with ATC or a

restriction of that operation to certain altitudes or areas.

The Air Line Pilots Association (ALPA) supported the proposed

establishment of a Class B airspace area, but suggested that the

ceiling for the airspace area should be at 10,000 feet rather than the

proposed 8,000 feet. ALPA believes that this would eliminate a

perceived a 2,000-foot gap of airspace where aircraft without an

altitude encoding transponder can fly and not have to contact an ATC

facility.

The FAA does not agree with this comment, and believes that a

ceiling of 8,000 feet will be sufficient to control aircraft operations

within the Class B airspace. Raising the ceiling to 10,000 feet would

result in unnecessary restrictions to that airspace. In addition,

aircraft operating within a 30-mile radius of CVG are already required

to be equipped with an operational altitude encoding transponder from

the surface to 10,000 feet MSL (14 CFR 91.215).

Several pilots commented on the FAA's limited utilization of

geographical landmarks to define the lateral boundaries of the Class B

airspace area. One pilot commended the FAA for proposing to utilize I-

275 and I-74 as identifiable landmarks, but questioned whether pilots

could see the powerlines as a prominent landmark at altitudes of 5,000

to 6,000 feet.

The FAA agrees with the concept of these comments. Identifiable and

prominent landmarks have proven to be extremely useful to pilots

operating under VFR in assisting them with identifying the boundaries

of a Class B airspace area. During the preliminary planning for the

Class B airspace area design, consideration was given to utilizing Very

High Frequency Omnidirectional Range (VOR) radials, latitudes and

longitudes, as well as geographical landmarks wherever possible. This

site-specific design is an effort to utilize as many landmarks (i.e.,

I-275, I-74, and the powerlines to the east of CVG), as feasible to

identify the boundaries of the Class B airspace area. The FAA will

continue to work with the airspace users to further identify any

additional landmarks.

Several commenters recommended that the FAA establish VFR corridors

or VFR flyways for the Cincinnati/Covington area. The FAA agrees with

the concept of these comments. Identifiable and prominent landmarks

have proven to be extremely useful to pilots operating under VFR in

assisting them with identifying the boundaries of a Class B airspace

area. During the preliminary planning for the Class B airspace area

design, consideration was given to utilizing Very High Frequency

Omnidirectional Range (VOR) radials, latitudes and longitudes, as well

as geographical landmarks wherever possible. However, the issue of VFR

flyways and corridors was not addressed. The FAA will continue to work

with the airspace users to determine the feasibility of VFR flyways and

corridors and to further identify any additional landmarks to assist

general aviation operators with identifying the Class B airspace area.

One commenter suggested that the areas F and G, designated with

floors at 5,000 or 6,000 feet, should be reduced to a minimum of 7

miles east of the airport to allow sufficient airspace for operations

outside the Class B airspace area. In addition, this commenter

suggested that the floor designated at 3,000 feet (area C) does not

appear to interfere with operations, but the floor at 2,100 feet (area

B) will not provide enough room to transition under the shelf of the

area and above the tallest obstacle.

The FAA does not agree with this comment. The floors of areas F and

G are necessary to support IFR approaches and departure procedures for

CVG. Furthermore, the 2,100-foot floor of Area B is necessary to

provide optimum safety to enplaned passengers and to contain aircraft

operations in the Class B airspace area.

AOPA commented that the FAA ignored the guidelines in FAA Order

7400.2D, Procedures for Handling Airspace Matters, when developing the

proposed Class B airspace area between the 10 to 20-mile radius. AOPA

also recommended changing the Runway 27 glidescope to 3.5 degrees

thereby raising the floor of area D to 4,000 feet.

The FAA does not agree with this comment. In order to effectively

design a safe and efficient airspace area, it is necessary to tailor

the airspace configuration to the particular needs of that area, taking

into consideration the local terrain, noise abatement, and adjacent

airspace. The FAA made every effort to comply with the guidelines as

published in FAA Order 7400.2D. FAA Order 7400.2D states that the floor

of the area between ``10 and 20 NM shall be predicated on a 300-foot

per NM gradient for 10 NM.'' It also states that ``this segment will

normally have a floor between 2,800 feet and 3,000 feet above the

airport elevation.'' However, the order also states that, to the extent

practicable, the vertical and lateral limits of the airspace should be

designed to retain all published instrument procedures once their

flight track enters the Class B airspace area. The national standard

for the angle of a glidescope is 3 degrees as published in FAA Order

8260.36A. Any angle above 3.1 degrees would raise the minimums for

Category C aircraft, and preclude the authorization of approaches for

Category D and E aircraft. The FAA complied with FAA Order 8260.36A in

establishing the 3-degree glidescope angle to accommodate Category C,

D, and E aircraft operations.

The Board of Aviation Commissioners for the City of Madison, IN,

submitted comments regarding operations at the Madison Municipal

Airport and proposed Class B airspace area. The Board raised the

possibility of pilots departing that airport on an IFR flight plan and

encountering delays when receiving a clearance on the ground. The Board

explained to the FAA that many pilots may have to travel substantially

longer distances to get their clearances because of the proposed

establishment of a Class B airspace area. The Board recommended that

the FAA: (1) change the size or ceiling of the proposed Class B

airspace to make it feasible to depart Madison Municipal Airport

eastbound; (2) adjust the airspace to allow at least a 10-mile area

between the existing restricted area and the western edge of Class B

airspace area; and (3) install

[[Page 65975]]

equipment to allow pilot to receive his or her clearance on the ground.

The FAA does not agree with the assessment of the Madison Board of

Aviation Commissioners. The Madison County Airport is located

approximately 41 miles southwest of CVG. The proposed Class B airspace

area boundary will be approximately 16 miles from the Madison County

Airport. VFR aircraft departing Madison eastbound can remain below

5,000 feet and would have ample time to contact the approach control

facility and receive the required clearance to enter the Class B

airspace area. Additionally, IFR aircraft may contact the approach

control facility on the ground by radio or telephone before departure

to receive a clearance.

Paperwork Reduction Act

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.

3507(d)), there are no requirements for information collection

associated with this final rule.

The Rule

This amendment to 14 CFR part 71 establishes a Class B airspace

area at CVG and revokes the CVG Class C airspace area. The FAA is

taking this action to enhance safety, reduce the potential for midair

collision, and to improve the management of air traffic operations in

the Cincinnati/Northern Kentucky area.

The coordinates for this airspace docket are based on North

American Datum 83. Class B airspace areas are published in paragraph

3000 of FAA Order 7400.9F, dated September 10, 1998, and effective

September 16, 1998, which is incorporated by reference in 14 CFR 71.1.

The Class B airspace area listed in this document will be published

subsequently in the order.

Economic Evaluation

Changes to Federal regulations must undergo several economic

analyses. First, Executive Order 12866 directs that each Federal agency

shall propose or adopt a regulation only upon a reasoned determination

that the benefits of the intended regulation justify its costs. Second,

the Regulatory Flexibility Act of 1980 requires agencies to analyze the

economic effect of regulatory changes on small entities. Third, the

Office of Management and Budget directs agencies to assess the effect

of regulatory changes on international trade. In conducting these

analyses, the FAA has determined that this final rule (1) will generate

benefits that justify the minimal costs of the rule and is not ``a

significant regulatory action'' as defined in the Executive Order; (2)

is not significant as defined in the Department of Transportation's

Regulatory Policies and Procedures; (3) will not have a significant

impact on a substantial number of small entities; (4) will not

constitute a barrier to international trade; and (5) will not contain

any Federal intergovernmental or private sector mandate. Therefore, the

requirements of Title II of the Unfunded Mandates Reform Act of 1995 do

not apply. These analyses are summarized in this preamble, and the full

Regulatory Evaluation is contained in the docket.

The final rule will provide benefits to participating and non-

participating aircraft operators primarily in the form of enhanced

safety by increasing ATC's authority and capability to monitor and to

separate aircraft in the terminal airspace around CVG.

The FAA has determined that this final rule will impose minimal

additional cost on the agency and aircraft operators. The FAA has

determined this final rule will impose a one-time cost on the agency

for the revision of aeronautical charts for CVG because of the changes

to the plates used to print those charts on which the Class B airspace

area will be depicted. The National Oceanic Service, the agency

responsible for the publication and distribution of aeronautical

charts, estimates that the total one-time cost of these changes will be

approximately $75,480 (1997 dollars). The final rule will not impose

any additional administrative costs on the FAA for either personnel or

equipment. The additional ATC operations workload generated by the

final rule will be absorbed by current ATC personnel and equipment

resources at CVG. The final rule will not require any additional air

traffic controllers or any additional radar control or hand-off

positions. Last, those few operators without the required aircraft

equipment (Mode C transponder and two-way radio) will incur only

negligible cost for circumnavigating the Class B airspace area.

In view of the minimal cost of compliance, enhanced safety and

operational efficiency, the FAA has determined that the final rule will

be cost-beneficial.

Regulatory Flexibility Determination

The Regulatory Flexibility Act of 1980 (the Act) establishes ``as a

principle of regulatory issuance that agencies shall endeavor,

consistent with the objective of the rule and of applicable statutes,

to fit regulatory and informational requirements to the scale of the

business, organizations, and governmental jurisdictions subject to

regulation.'' To achieve that principal, the Act requires agencies to

solicit and consider flexible regulatory proposals and to explain the

rational for their actions. The Act covers a wide-range of small

entities, including small businesses, not-for-profit organizations and

small governmental jurisdictions.

Agencies must perform a review to determine whether a proposed or

final rule will have a significant economic impact on a substantial

number of small entities. If the determination is that it will, the

agency must prepare a regulatory flexibility analysis (RFA) as

described in the Act. If an agency determines that a proposed or final

rule is not expected to have a significant economic impact on a

substantial number of small entities, section 605(b) of the Act

provides that the head of the agency may so certify and an RFA is not

required. The certification must include a statement providing the

factual basis for this determination, and the reasoning should be

clear.

The FAA believes that the vast majority of affected unscheduled

aircraft operators are already equipped to operate under IFR

requirements. This is because such operators routinely fly into CVG

airspace and other airspace where radar approach control services have

been established. The few operators who do not have the required

equipment will only incur negligible costs for circumnavigating the

Class B airspace area.

The FAA has also determined that other local airspace users, such

as balloonists, parachutists, ultralight and sailplane owners, and

fixed base operators, will only have to circumnavigate a portion of the

Class B airspace area. Cincinnati Approach Control will accommodate

these users on a case-by-case basis and use letters of agreement and

cutouts, where advisable, to ensure as little adverse impact as

possible on these users.

The FAA conducted the required review of this proposal and

determined that it will not have a significant economic impact on a

substantial number of small entities. Accordingly, pursuant to the

Regulatory Flexibility Act, 5 U.S.C. 605(b), the Federal Aviation

Administration certifies that this rule will not have a significant

economic impact on a substantial number of small entities.

International Trade Impact Statement

The FAA has determined that the final rule will neither have an

effect on the sale of foreign aviation products or services in the

United States, nor will it have an effect on the sale of U.S.

[[Page 65976]]

products or services in foreign countries. This is because the final

rule will impose, at most, only negligible costs on aircraft operators

and no costs on aircraft manufacturers (U.S. or foreign).

Federalism Implications

The regulations herein will not have substantial direct effects on

the States, on the relationship between the national government and the

States, or on the distribution of power and responsibilities among the

various levels of government. Therefore in accordance with Executive

Order 12612, it is determined that this rule will not have sufficient

federalism implications to warrant the preparation of a Federalism

Assessment.

Unfunded Mandates

Title II of the Unfunded Mandates Reform Act of 1995 (the Act),

enacted as Pub. L. 104-4 on March 22, 1995, requires each Federal

agency, to the extent permitted by law, to prepare a written assessment

of the effects of any Federal mandate in a proposed or final agency

rule that may result in the expenditure of $100 million or more

(adjusted annually for inflation) in any one year by State, local, and

tribal governments, in the aggregate, or by the private sector. Section

204(a) of the Act, 2 U.S.C. 1534(a), requires the Federal agency to

develop an effective process to permit timely input by elected officers

(or their designees) of State, local and tribal governments on a

proposed ``significant intergovernmental mandate.'' A ``significant

intergovernmental mandate'' under the Act is any provision in a Federal

agency regulation that would impose an enforceable duty upon state,

local, and tribal governments, in the aggregate, of $100 million

(adjusted annually for inflation) in any one year. Section 203 of the

Act, 2 U.S.C. 1533, which supplements section 204(a), provides that

before establishing any regulatory requirements that might

significantly or uniquely affect small governments, the agency shall

have developed a plan that among other things, provides for notice to

potentially affected small governments, if any, and for a meaningful

and timely opportunity to provide input in the development of the

regulatory proposal.

This final rule does not contain any Federal intergovernmental or

private sector mandate. Therefore, the requirements of Title II of the

Unfunded Mandates Reform Act of 1995 do not apply.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the Federal Aviation

Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS

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

Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24

FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec. 71.1 [Amended]

2. In Sec. 71.1, Federal Aviation Administration Order 7400.9F,

Airspace Designations and Reporting Points, dated September 10, 1998,

and effective September 16, 1998, which is incorporated by reference,

is amended as follows:

Paragraph 3000--Subpart B-Class B Airspace

* * * * *

ASO KY B Cincinnati/Northern Kentucky International Airport, KY [NEW]

* * * * *

Cincinnati/Northern Kentucky International Airport (Primary Airport)

(Lat. 39 deg.02'46'' N., long. 84 deg.39'44'' W.).

Cincinnati VORTAC (CVG)

(Lat. 39 deg.00'57'' N., long. 84 deg.42'12'' W.).

Boundaries

Area A. That airspace extending upward from the surface to and

including 8,000 feet MSL within a radius of 5 miles from the

Cincinnati/Northern Kentucky International Airport.

Area B. That airspace extending upward from 2,100 feet MSL to

and including 8,000 feet MSL beginning at the 5-mile arc of the

airport and the Kentucky bank of the Ohio River northeast of the

airport; northeast along the Kentucky bank of the Ohio River to the

10-mile arc of the airport; thence clockwise along the 10-mile arc

to the Kentucky bank of the Ohio River southwest of the airport,

north along the Kentucky bank of the Ohio River to the Indiana-Ohio

State line (long. 84 deg.49'00'' W); thence north to Interstate 275;

follow Interstate 275 northeast to Interstate 74; thence east on

Interstate 74 to CVG VORTAC 040 deg. radial; thence southwest on the

CVG VORTAC 040 deg. radial to the 5-mile arc of the airport; thence

counterclockwise on the 5-mile arc to the point of beginning.

Area C. That airspace extending upward from 3,000 feet MSL to

and including 8,000 feet MSL beginning at the intersection of

Interstate 275 and the Indiana-Ohio State line (long. 84 deg.49'00''

W); thence north on the Indiana Ohio State line, to intersect the

15-mile arc of the airport; thence clockwise on the 15-mile arc to

long. 84 deg.30'00'' W; thence south on long. 84 deg.30'00'' W to

the 10-mile arc of the airport; thence clockwise on the 10-mile arc

to the Kentucky bank of the Ohio River; proceed along the Kentucky

bank the Ohio River west to the 5-mile arc of the airport; thence

counterclockwise along the 5-mile arc to the CVG VORTAC 040 deg.

radial; thence northeast along the CVG VORTAC 040 deg. radial to

Interstate 74; proceed west along Interstate 74 to Interstate 275;

thence west along Interstate 275 to the point of beginning. That

airspace beginning at the 10-mile arc southeast of the airport and

long. 84 deg.30'00'' W; thence south along long. 84 deg.30'00'' W to

the 15-mile arc of the airport; thence clockwise along the 15-mile

arc to the Kentucky bank of the Ohio River; thence north along the

Kentucky bank of the Ohio River to the 10-mile arc of the airport;

thence counterclockwise along the 10-mile arc to the point of

beginning.

Area D. That airspace extending upward from 3,500 feet MSL to

and including 8,000 feet MSL beginning at lat. 39 deg.09'18'' N and

the 10-mile arc northeast of the airport; thence east to the 15-mile

arc of the airport; thence clockwise on the 15-mile arc to lat.

38 deg.56'15'' N; thence west on lat. 38 deg.56'15'' N to intersect

the 10-mile arc of the airport; thence counterclockwise along the

10-mile arc 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 airport; thence west along lat.

38 deg.56'15'' N to the 15-mile arc of the airport; clockwise on the

15-mile arc to lat. 39 deg.09'18'' N; thence east to the Indiana-

Ohio State line; thence South along the Indiana-Ohio State line to

the Kentucky bank of the Ohio River; thence south along the Kentucky

bank of the Ohio River to point of beginning. That airspace

beginning at the intersection of the 15-mile arc of the airport and

the Indiana-Ohio State line; thence proceeding north to the 20-mile

arc of the airport; thence clockwise along the arc to long.

84 deg.30'00'' W; thence south to the 15-mile arc of the airport;

thence counterclockwise along the 15-mile arc to point of beginning.

That airspace beginning at the intersection of the 15-mile arc

southeast of the airport and long. 84 deg.30'00'' W; thence south to

the 20-mile arc of the airport; thence clockwise along the 20-mile

arc to long. 84 deg.49'00'' W; thence north to the Kentucky bank of

the Ohio River; thence proceeding north along the Kentucky bank of

the Ohio River to the 15-mile arc of the airport; thence

counterclockwise on the 15-mile arc to the point of beginning.

Area E. That airspace extending upward from 4,000 feet MSL to

and including 8,000 feet MSL beginning at the 20-mile arc of the

airport and the Indiana-Ohio State line; thence north to the 25-mile

arc of the airport; thence clockwise along the 25-mile arc to long.

84 deg.30'00'' W; thence south to the 20-mile arc of the airport;

thence counterclockwise on the 20-mile arc to the point of

beginning. That airspace extending beginning at the 20-mile arc of

the airport and long. 84 deg.30'00'' W south of the airport; thence

south along the long. 84 deg.30'00'' W to the 25-mile arc of the

airport; thence clockwise along the 25-mile arc to long.

84 deg.49'00'' W; thence north along long. 84 deg.49'00'' W to the

20-mile arc of the airport;

[[Page 65977]]

thence counterclockwise along the 20-mile arc to the point of

beginning.

Area F. That airspace extending upward from 5,000 feet MSL to

and including 8,000 feet MSL beginning at the 25-mile arc north of

the airport and long. 84 deg.30'00'' W; thence clockwise on the 25-

mile arc of the airport to Route 28; thence southwest along Route 28

3-miles to the power line; thence south along the power line to the

Ohio River; thence south-southeast along the Ohio bank of the Ohio

River to the 25-mile arc of the airport southeast; thence clockwise

on the 25-mile arc of the airport to long. 84 deg.30'00'' W south of

the airport; thence north to the 10-mile arc of the airport at lat.

38 deg.56'15'' N; thence east along lat. 38 deg.56'15'' N to the 15-

mile arc of the airport; thence north along the 15-mile arc of the

airport to lat. 39 deg.09'18'' N; thence west to the 10-mile arc of

the airport and long. 84 deg.30'00'' W; thence north to the point of

beginning. That airspace beginning at the 25-mile arc of the airport

and the Indiana-Ohio State line; thence counterclockwise along the

25-mile arc to long. 84 deg.49'00'' W south of the airport; thence

north 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 to the 15-mile arc of the airport; thence clockwise on the 15-

mile arc of the airport to lat. 39 deg.09'18'' N; thence east to the

Indiana-Ohio State line; thence north to the point of beginning.

Area G. That airspace extending upward from 6,000 feet MSL to

and including 8,000 feet MSL beginning at the intersection of Route

28 and the 25-mile arc of the airport; thence southwest along Route

28 3 miles to the powerline; thence south along the powerline to the

Ohio River; thence south-southeast along the Ohio bank of the Ohio

River to the 25-mile arc southeast of the airport; thence

counterclockwise along the 25-mile arc of the airport to the point

of beginning.

* * * * *

Paragraph 4000--Subpart C--Class C Airspace

* * * * *

ASO KY C Cincinnati/Northern Kentucky International Airport, KY

[Revoked]

* * * * *

BILLING CODE 4910-13-P

[[Page 65978]]

[GRAPHIC] [TIFF OMITTED] TR30NO98.001

Issued in Washington, DC, on November 24, 1998.

Jane Garvey,

Administrator.

[FR Doc. 98-31774 Filed 11-24-98; 3:02 pm]

BILLING CODE 4910-13-C