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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 93-AWA-5]

RIN 2120-AE97

Proposed Establishment of Cincinnati/Northern Kentucky

International Airport Class B Airspace Area and Revocation of

Cincinnati/Northern Kentucky International Airport Class C Airspace

Area, Covington, KY

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The Federal Aviation Administration (FAA) proposes to

establish a Class B airspace area at the Cincinnati/Northern Kentucky

International Airport, and revoke the existing Class C airspace area.

Specifically, the FAA is proposing to establish a Class B airspace area

that would consist of airspace with a 25-mile radius of the Cincinnati/

Northern Kentucky International Airport. The airspace would extend from

the surface or higher up to and including 8,000 feet above mean sea

level (MSL). The FAA is proposing this action to enhance safety, reduce

the potential for midair collisions, and to better manage air traffic

operations into, out of, and through the Cincinnati/Northern Kentucky

area.

DATES: Comments must be received on or before April 13, 1998.

ADDRESSES: Comments on this NPRM should be mailed, in triplicate, to:

Federal Aviation Administration, Office of the Chief, Attention: Rules

Docket (AGC-200), Airspace Docket No. 93-AWA-5, 800 Independence

Avenue, SW., Washington, DC 20591. Comments may be also sent

electronically to the following Internet address: 9-NPRM-

[email protected] Comments delivered must be marked Airspace Docket No.

93-AWA-5. The official docket may be examined in the Office of the

Chief Counsel, Room 915G, weekdays, between 8:30 a.m. and 5:00 p.m.,

except on Federal holidays. An informal docket may also be examined

during normal business hours at the Office of the Regional Air Traffic

Division.

FOR FURTHER INFORMATION CONTACT: Patricia Crawford, 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:

Comments Invited

Interested persons are invited to participate in the rulemaking

process by submitting such written data, views, or arguments as they

may desire. Comments on the environmental, energy, federalism, or

economic impact that might result from adopting the proposals in this

notice are also invited. Substantive comments should be accompanied by

cost estimates.

Comments should identify the airspace docket number and should be

submitted in triplicate to the Rules Docket address specified above.

All comments received by the closing date for comments specified will

be considered by the Administrator before acting on this proposed

rulemaking. The proposals contained in this notice may be changed

considering comments received. All comments received will be available,

both before and after the closing date for comments, in the Rules

Docket for examination by interested persons. A report summarizing each

substantive public contact with FAA personnel concerned with this

rulemaking will be filed in the docket.

Commenters wishing the FAA to acknowledge receipt of their comments

submitted in response to this notice must include a self-addressed,

stamped postcard on which the following statement is made: ``Comment to

Docket No. 93-AWA-5.'' The postcard will be date/time stamped and

returned to the commenter.

Availability of NPRM

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: 703-321-

3339) or the Government Printing Office's electronic bulletin board

service (telephone: 202-512-1661).

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

the Superintendent of Documents' webpage at http://www.access.gpo.gov/

su__docs/ for access to recently published rulemaking documents.

Any person may obtain a copy of this NPRM by mail by submitting a

request to the Federal Aviation Administration, Office of Rulemaking,

800 Independence Avenue, SW., Washington, DC 20591, or by calling 202-

267-9677. Communications must identify the notice number of this NPRM.

Persons interested in being placed on the mailing list for future

NPRM's should request from the FAA's Office of Rulemaking a copy of

Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution

System, that describes the application procedure.

Background

The Class B airspace (formerly terminal control area (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 potential for

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

of midair collisions occurred between a general aviation (GA) aircraft

and an air carrier or military aircraft, or another GA aircraft. The

basic causal factor 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 Class B airspace areas afford the greatest

protection for the greatest number of people by giving air traffic

control (ATC) increased capability to provide aircraft separation

service, thereby minimizing the mix of controlled and uncontrolled

aircraft.

On May 21, 1970, the FAA published the Designation of Federal

Airway, Controlled Airspace, and Reporting Points Final Rule (35 FR

7782). This rule provided for the establishment of TCA's. To date, the

FAA has established a total of 29 Class B airspace areas. The FAA is

proposing to take action to modify or implement the application of

these proven control areas to provide greater protection for air

traffic in the airspace areas most commonly used by passenger-carrying

aircraft.

The standard configuration of a Class B airspace area contains

three concentric circles centered on the primary airport, extending to

10, 20, and 30 nautical miles (NM) respectively. The standard vertical

limits of the Class B airspace area normally should not exceed 10,000

feet MSL, with the floor established at the surface in the inner area

and at levels appropriate for the containment of operations in the

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

the terrain,

[[Page 6819]]

adjacent regulatory airspace, and factors unique to the terminal area.

Cincinnati/Northern Kentucky International Airport reported

5,044,813 and 5,780,241 enplaned passengers in calendar years (CY) 1991

and 1992. The enplaned passenger count has increased to 9,225,526 in CY

1996. Operations at that airport have increased from 297, 869 and

304,214 in fiscal years (FY) 1991 and 1992 to 393,523 in FY 1996.

Cincinnati/Northern Kentucky International Airport qualifies as a

candidate for establishing Class B airspace based on the passenger

enplanement and airport operations count.

The coordinates for this airspace docket are based on North

American Datum 83. Class B and Class C airspace areas are published in

paragraphs 3000 and 4000, respectively, of FAA Order 7400.9E dated

September 10, 1997, and effective September 15, 1997, which is

incorporated by reference in Title 14 of the Code of Federal

Regulations (14 CFR) part 71. The Class B airspace area listed in this

document would be published subsequently in the Order and the Class C

airspace area would be removed subsequently from the Order.

Related Rulemaking Actions

On June 21, 1988, the FAA published the Transponder with Automatic

Altitude Reporting Capability Requirement Final Rule (53 FR 23356).

This rule requires all aircraft to have an altitude encoding

transponder when operating within 30 NM of any designated TCA primary

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

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.

On October 14, 1988, the FAA published the TCA Classification and

TCA Pilot and Navigation Equipment Requirements Final Rule (53 FR

40318). This rule, in part, removed the different classifications of

TCA's, and requires the pilot-in-command of civil aircraft operating

within a TCA 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 the Airspace

Reclassification Final Rule (56 FR 65655). This rule discontinued the

use of the term ``Terminal Control Area'' (TCA) and replaced it with

the designation ``Class B airspace area.'' This change in terminology

is reflected in this NPRM.

Pre-NPRM Public Input

As announced in the Federal Register on July 23, 1992 (57 FR

32835), informal airspace meetings were held on September 3 and 4,

1992, in Ohio and Kentucky respectively. These meetings allowed the

public an opportunity to preview and comment on the proposed design for

the Cincinnati/Northern Kentucky International Airport Class B airspace

area. Coments were received from owners and managers of the local GA

airports, members of the aviation industry, fixed-base operators (FBO),

and concerned airspace users. An Ad Hoc User Group Advisory Committee

was established and submitted seven recommendations in conjunction with

their Class B airspace design proposal.

All comments received during the informal airspace meetings and the

subsequent comment period were considered and incorporated, in this

NPRM. The following is an analysis of these comments.

Discussion of Comments

Several commenters recommended modifications to the northeast (NE)

quadrant of the proposed Class B airspace to accommodate VFR aircraft

operating to and from Blue Ash, Clermont County, and Hamilton-Fairfield

Airports, without a Mode C transponder. Comments from the Experimental

Aircraft Association (EAA) and Lebanon Air Service specifically

recommended designating the floor of the Class B airspace in the

vicinity of these aforementioned satellite airports at a minimum of

3,500 feet MSL. The reasoning for this recommendation is that a Mode C

transponder would not be required because aircraft would be operating

below and outside of the Class B airspace area. EAA stated that certain

benefits would be derived because pilots would not be required to

contact air traffic control (ATC) thus limiting frequency congestion.

In addition, prominent landmarks could be utilized to navigate and a

discrete code could be assigned to assist ATC with monitoring activity,

if necessary.

The Ad Hoc Advisory Committee submitted a recommendation with

emphasis on serving traffic operating to and from the satellite

airports and expediting the flow of traffic within the lateral

boundaries of the proposed Class B airspace area. In addition, the

committee recommended that a satellite airport controller position,

with a supporting data position, be added to the ATC facility.

The FAA agrees, in part, with these recommendations, the floors of

the Cincinnati/Northern Kentucky International Airport Class B airspace

area in the vicinity of Clermont County, Blue Ash, and Hamilton-

Fairfield are proposed to be 6,000; 5,000; and 4,000 feet MSL,

respectively. The FAA believes that designating the Class B airspace

area floors at these altitudes would allow sufficient airspace for

aircraft transitioning to and from the subject satellite airports.

Currently, air traffic regulations allow pilots to transition below

the floor of the Class B airspace without contacting an ATC facility.

Aircraft operating within a 30-mile radius of the Class B airspace

primary airport are required to have the appropriate equipment as

outlined in Sec. 91.215. Requests to operate without the Sec. 91.215

equipment are handled on a case-by-case basis, and must be made to the

ATC facility having jurisdiction over the affected airspace.

The FAA has budgeted for an additional radar controller and flight

data position at the Cincinnati/Northern Kentucky International

Airport. The new positions will be added as a result of an increase in

traffic, and are not related to the actions proposed in this NPRM.

Efforts are ongoing to secure the necessary equipment to activate the

positions in a timely manner. Once the equipment is available and the

position certified operational, the Air Traffic Manager of the

Cincinnati Airport Traffic Control Tower (ATCT) will determine how the

new position(s) would best be utilized.

Several commenters objected to the lateral (25 NM radius) and

vertical (8,000 feet MSL) limits of the proposed Class B airspace area.

One commenter expressed concern that the proposed Cincinnati/Northern

Kentucky International Airport Class B airspace area appears to be

larger than other established Class B areas. One commenter recommended

that the lateral boundaries of the Cincinnati/Northern Kentucky

International Airport Class B airspace be limited to a 20 NM radius.

Most of the comments received supported a proposed ceiling of 8,000

feet MSL.

A representative for Sporty's Shops recommended 6,000 feet MSL for

the ceiling of the proposed Class B airspace area.

The Air Transport Association of America (ATA) objected to the

proposed ceiling at 8,000 feet and recommended a ceiling of 10,000 feet

MSL. The ATA suggested that by establishing the ceiling at 10,000 feet

MSL, the potential for a disaster would be reduced because fewer

aircraft would be operating within that airspace between 8,000 and

10,000

[[Page 6820]]

feet MSL. In addition, ATA voiced concern that aircraft flying over the

ASR antenna, would not be seen by the controller for two or three

sweeps of the antenna.

The proposed Cincinnati/Northern Kentucky International Airport

Class B airspace area is unique with a site specific design to support

Cincinnati/Northern Kentucky International Airport aircraft operations

and to contain all published instrument approach procedures. The loss

of a radar return as an aircraft passes over the radar antenna is a

common occurrence in any terminal radar environment. Consequently,

there are sufficient traffic management procedures in place to address

these situations. The FAA believes that the proposed 8,000 feet MSL

ceiling and 25-nautical mile lateral boundary would be sufficient and

not be over-restrictive.

Lunken Airport Advisory and Users' Committee and the Lunken Airport

Action Group (LAAG) recommended a change in the vicinity of Lunken

Airport, Area D east of the Cincinnati/Northern Kentucky International

Airport. The committee suggested that the floor in Area D should be

raised from 3,500 to 4,000 feet MSL to preserve 3,500 feet as a VFR

altitude. The committee believes that this recommendation is plausible

since Runways 09/27 at the Cincinnati/Northern Kentucky International

Airport are seldom utilized for approaches, therefore, a lower floor is

not supported.

The Flying Knights, located at Lunken Airport, submitted comments

which parallel those of the Airport Advisory and Users Committee.

Furthermore, the Knights commented that any lower altitudes would cause

unnecessary congestion and noise disturbance to the surrounding

residential area.

The FAA does not agree with these commenters. The base altitude in

Area D east of the airport, at 3,500 feet MSL, would ensure that pilots

executing the instrument landing system (ILS) approach procedures for

Runways 09/27 remain within Class B airspace. Currently, Runways 09/27

are utilized less than the parallel north-south runways. However,

traffic demands and varying meteorological conditions necessitate the

structure of Area D with a 3,500 foot MSL floor.

Sporty's Academy, Inc., conducts flight instruction in the vicinity

of Clermont Airport. Less than 15 miles east of Clermont Airport is the

western boundary of Buckeye Military Operations Area (MOA) (Restricted

Area R-5503A was downgraded to Buckeye Military Operations Area (MOA)

in February 1995). At the narrowest point, the ``gap'' between the

Buckeye MOA and the eastern edge of the Class B airspace area would be

approximately 10 NM. This commenter believes that aircraft

transitioning north and south would have to circumnavigate the Class B

airspace area east of the Cincinnati/Northern Kentucky International

Airport. Consequently, these aircraft could be compressed between the

Class B airspace area and the Buckeye MOA into an area of high density

student flight training. Sporty's Academy, Inc., recommended that the

FAA give serious consideration to widening that ``gap''.

Another commenter recommended that the Class B airspace area be

limited to 15 NM east of the Cincinnati/Northern Kentucky International

Airport.

The FAA encourages pilots to follow standard air traffic procedures

and participate in, rather than circumnavigate Class B airspace areas.

In addition, the FAA asserts that sufficient airspace exists for pilots

to circumnavigate the proposed Class B area, avoid the Buckeye MOA if

active, and coexist with the student training activity if they chose

not to navigate thru the proposed Class B airspace area.

Lane's Lebanon Air Service, Inc., suggested establishing an area

around the Lebanon-Warren County Airport to accommodate gliders,

towplanes, and other aircraft not equipped with Mode C transponders.

This commenter emphasized that one of its main sources of revenue is

generated from passenger rides in gliders. Several times a day, the

commenter operates its gliders over Kings Island Amusement Park at an

altitude of 6,200 feet MSL. It is Lebanon Air Service's opinion that

the proposed Class B airspace area would have a negative impact on its

business.

The FAA has determined that the implementation of the proposed

Class B airspace area would have an insignificant or no impact on

glider operations between the Lebanon-Warren County Airport and Kings

Island Amusement Park because the operations would be conducted outside

of the Class B airspace area.

The fixed based operator (FBO) at Hamilton-Fairfield Airport

suggested a cutout north along the Great Miami River to exclude the

airport from the Class B airspace. Implementing this proposal would be

beneficial to the large number of experimental and antique aircraft

based at that airport.

The FAA has proposed to designate the floors of the Class B

airspace at 3,500-4,000 feet MSL in the vicinity of Hamilton-Fairfield

Airport. The airport would be below the floor of the class B airspace

area which should provide airspace for egress/ingress.

The Ad Hoc Advisory Committee, Aircraft Owners and Pilots

Association (AOPA), and Sporty's Shops recommended that the FAA

relocate the Cincinnati very high frequency omnidirectional range

tactical air navigation (VORTAC) to the airport property before the

proposed Class B airspace is implemented. In these commenters' opinion,

relocating the Cincinnati VORTAC would simplify the identification of

the Class B airspace boundaries for transient and local pilots. In

addition, the commenters recommended that the FAA install a Doppler

radar antenna in conjunction with relocating the navigational aid

(NAVAID).

Furthermore, AOPA recommended a test to determine the feasibility

of relocating the Cincinnati VORTAC to the airport property.

The FAA appreciates these comments; however, the FAA has determined

that measures such as relocating the NAVAID are not necessary or

practicable. Additionally, the FAA has installed Doppler Radar System

at the CVG.

During the preliminary stages of planning, the FAA attempted to

define as many boundaries of the Class B airspace area by prominent

landmarks as feasible (e.g., aligning boundaries with major roads,

rivers, or powerlines). In the absence of the Cincinnati VORTAC, these

geographic landmarks can be utilized to assist pilots with identifying

the lateral boundaries of the Class B airspace area, and assisted by

normal navigating procedures.

Several rotorcraft operators suggested that the FAA implement a

``rotorcraft only'' VFR corridor in the Ohio River Valley north of the

Cincinnati/Northern Kentucky International Airport. The corridor's

ceiling would be 900 feet MSL.

EAA Chapter 174 recommended a VFR corridor northwest of the Class B

airspace area, to include Cincinnati West and Miamitown Airports. The

EAA proposed establishing the ceiling of this corridor below 3,000 feet

MSL, and to allow aircraft to operate within the corridor without a

Mode C transponder.

The FAA does not agree with these suggestions because the

establishment of a VFR corridor could interfere with safe and efficient

operations in the Class B airspace area. The establishment of an

uncontrolled VFR corridor for nonparticipating rotorcraft north of the

airport, under the final approach courses for Runways 18L/18R and the

departure paths for Runways 36L/36R,

[[Page 6821]]

would impede operations. Arriving and departing turbojet aircraft cross

this area at very low altitudes. Consequently, the incorporation of a

VFR rotorcraft corridor could result in unsafe conditions as well as

difficulties with wake turbulence.

Currently, there is an established letter of agreement between

Cincinnati/Northern Kentucky International Airport and local helicopter

operators for controlled routes to and from the airport. If the need

arises, the facility manager will, as necessary, work with other

airspace users to develop or modify the appropriate procedural

agreements.

The Proposal

The FAA proposes to amend 14 CFR part 71 by establishing a Class B

airspace area at the Cincinnati/Northern Kentucky International

Airport, and by revoking the Cincinnati/Northern Kentucky International

Airport Class C airspace area. The proposal to establish this Class B

airspace area is based on aviation safety and operational efficiencies.

The proposed establishment, depicted in the attached chart,

considers flight operations and terrain. Specifically, the areas would

be established as follows:

Area A. Airspace within a 5-mile radius of the primary airport,

Cincinnati/Northern Kentucky International Airport, extending upward

from the surface to and including 8,000 feet MSL. This airspace is

necessary to contain large turbojet aircraft within the limits of the

Class B airspace area while operating to and from the primary airport.

Area B. Airspace between the 5- and 10-mile radius of the primary

airport extending upward from 2,100 feet MSL to and including 8,000

feet MSL. This airspace is necessary to support the approach procedures

for aircraft transitioning to the final approach course for the

Cincinnati/Northern Kentucky International Airport.

Area C. Airspace between the 10- and 15-mile arcs, north and south

of the primary airport extending upward from 3,000 feet MSL to and

including 8,000 feet MSL. This area is necessary to provide sufficient

airspace for sequencing and vectoring arriving and departing aircraft

in close proximity to the primary airport.

Area D. Airspace between the 10- and 15-mile arcs east and west

from the primary airport, and airspace between the 15- and 20-mile arcs

north and south from the primary airport, extending upward from 3,500

feet MSL to and including 8,000 feet MSL. These airspace areas are

necessary for sequencing and vectoring aircraft and to ensure that

operations are contained within Class B airspace.

Area E. This airspace provides a controlled environment for

aircraft arriving and departing the Class B airspace area. Area E

consists of designated airspace between the 20- and 25-mile arc north

and south of the primary airport extending upward from 4,000 feet MSL

to and including 8,000 feet MSL.

Area F. Airspace encompasses an area from northeast through

southeast, and southwest through northwest of the Class B airspace

area, extending upward from 5,000 feet MSL to and including 8,000 feet

MSL. Area F is necessary to ensure that aircraft have sufficient

airspace to maneuver within the Class B airspace area and a controlled

environment while preparing for the approach or executing departure

procedures. Also, this airspace is designed to allow nonparticipating

aircraft sufficient airspace to conduct VFR operations below the

vertical limits of the Class B airspace area while transitioning to/

from secondary satellite airports.

Area G. This airspace would be established east of the primary

airport extending from the powerlines eastward to the 25-mile arc from

the primary airport, extending upward from 6,000 feet MSL to and

including 8,000 feet MSL. This area is necessary to allow adequate

airspace to contain aircraft in a controlled environment when

transitioning between the en route and terminal phase of flight.

Regulatory Evaluation Summary

Proposed 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 Notice of Proposed

Rulemaking (NPRM): (1) would generate benefits that justify its minimal

costs 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) would not have

a significant impact on a substantial number of small entities; (4)

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

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 here in the

preamble and the full Regulatory Evaluation is in the docket.

This NPRM would establish the Cincinnati Class B airspace area at

Cincinnati/Northern Kentucky International Airport and revoke the

Cincinnati Class C airspace area at Cincinnati/Northern Kentucky

International Airport (CVG). The Cincinnati Class B airspace area would

consist of the airspace up to and including 8,000 feet mean sea level

(MSL) from the surface or higher (various sector floor levels) within a

25-mile radius of the Cincinnati/Northern Kentucky International

Airport. The establishment of a Class B airspace area at the CVG would

impose more stringent operating rules and equipment requirements on GA

operators. Some of these Class B airspace requirements would include an

operating two-way radio and a transponder with automatic altitude-

reporting capability. Additional equipment requirements for IFR

operations include an operable VOR or tactical air navigation (TACAN)

receiver.

The NPRM would provide benefits to participating and

nonparticipating operators primarily in the form of enhanced safety as

well as to the aviation community and the flying public by increasing

air traffic control's (ATC's) authority and capability to monitor and

to separate aircraft in the terminal airspace around CVG.

The FAA has determined that this NPRM would impose minimal, if any,

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

determined this NPRM would impose costs of approximately $74,000 (1996

dollars) to the agency for the revision of aeronautical charts for CVG.

The proposed rule would impose minimal, if any, equipment costs and

only negligible circumnavigation costs on aircraft operators. This NPRM

would require changes to the plates used to print those charts on which

the proposed Class B airspace would be depicted. Printing the revised

aeronautical charts to reflect the proposed change of the airspace

around Cincinnati/Northern Kentucky would be accomplished during

regularly scheduled chart printings. The National Oceanic Service

(NOS), the agency responsible for the publication and distribution of

aeronautical charts,

[[Page 6822]]

estimates that the total one-time cost of these changes would be

$74,000 (1996 dollars). The proposed rule would not impose any

additional administrative costs on the FAA for either personnel or

equipment. The additional operations workload generated by the proposed

rule would be absorbed by current personnel and equipment resources at

CVG. The proposed rule would require neither any additional air traffic

controllers nor any additional radar control or hand-off positions.

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

operational efficiency, the FAA has determined that the proposed rule

would be cost-beneficial.

Initial Regulatory Flexibility Determination

The Regulatory Flexibility Act of 1980 (RFA) was enacted by

Congress to ensure that small entities are not unnecessarily burdened

by government regulations. The RFA requires agencies to review rules

that may have a ``significant economic impact on a substantial number

of small entities.''

Only those unscheduled aircraft operators without the capability to

operate under IFR requirements would be potentially affected by the

proposed rule. However, the FAA has determined the vast majority of

unscheduled operators are already equipped to operate under IFR

requirements. This is because such operators routinely fly into

airspace where radar approach control services have been established.

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

as balloonists, parachutists, ultralight and sailplane owners, and

fixed base operators, would not have to significantly circumnavigate

around the proposed Class B airspace. The FAA has determined that

Cincinnati Approach Control can 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.

Therefore, the FAA has determined that this proposed rule would not

have a significant economic impact on a substantial number of small

entities.

International Trade Impact Assessment

The Office of Management and Budget directs agencies to assess the

effects of regulatory changes on international trade. The FAA has

determined that the proposed rule would neither have an effect on the

sale of foreign aviation products or services in the United States, nor

would it have an effect on the sale of U.S. products or services in

foreign countries. This is because the proposed rule would neither

impose costs on aircraft operators nor aircraft manufacturers (U.S. or

foreign).

Unfunded Mandates Assessment

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

enacted as Public Law 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

regulatory proposals.

This NPRM 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.

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 rule.

Conclusion

The FAA has determined that this regulation: (1) is not a

significant rule under Executive Order 12866; and (2) is not a

significant rule under Department of Transportation Regulatory Policies

and Procedures (44 FR 11034; February 26, 1979). Also, for the reasons

stated under the headings ``Trade Impact Statement'' and Regulatory

Flexibility Determination,'' the FAA certifies that the NPRM will not

have a significant economic impact on a substantial number of small

entities. A copy of the full regulatory evaluation is filed in the

docket and may also be obtained by contacting the person listed in the

FOR FURTHER INFORMATION CONTACT.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by Reference, Navigation (Air).

The Proposed Amendment

The Federal Aviation Administration proposes to amend 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. The incorporation by reference in 14 CFR 71.1 of the Federal

Aviation Order 7400.9E, Airspace Designations and Reporting Points,

dated September 10, 1997, and effective September 15, 1997, 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.02'43'' N., long. 84 deg.39'43'' W.)

Cincinnati VORTAC

(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 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 clockwise on the 5-

mile arc to the point of beginning.

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

and including 8,000

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feet MSL beginning at the intersection of Interstate 275 and

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 of 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 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.09'21''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.

30 deg.56'04''N; thence west on lat. 38 deg.56'04''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.

30 deg.56'04''N; thence west along lat. 30 deg.56'04''N to the 15-

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

39 deg.09'21''N; thence east to Indiana-Ohio State line (long.

84 deg.49'00''W); thence South along the Indiana-Ohio State line to

the Kentucky bank of the Ohio River; thence sought 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 (long. 84 deg.49'00''W) proceed 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 clockwise to long.

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

River; proceeding 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

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

and Indiana-Ohio State line (long. 84 deg.49'00''W); thence north to

the 25-mile arc of the airport; thence clockwise 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 beginning at the 20-mile arc 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; 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 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; thence east

along lat. 38 deg.56'04''N to the 15-mile arc of the airport; thence

north along the 15-mile arc of the airport to lat. 39 deg.09'21''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 (long. 84 deg.49'00''W) counterclockwise 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.56'04''N; thence west to the

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

airport to lat. 39 deg.09'21''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 southeast 3 miles to

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 of the point of beginning.

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Paragraph 4000--Subpart C-Class C Airspace

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ASO KY Cincinnati/Northern Kentucky

International Airport, KY [Removed]

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Issued in Washington, DC, on February 4, 1998.

Reginald C. Matthews,

Acting Program Director for Air Traffic Airspace Management.

[FR Doc. 98-3287 Filed 2-9-98; 8:45 am]

BILLING CODE 4910-13-M