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

SUMMARY: On December 14, 1998, the FAA issued a rule that delayed the

effective date of a rule establishing the Cincinnati/Northern Kentucky

International Airport Class B airspace area, and revoking the

Cincinnati/Northern Kentucky International Airport Class C airspace

area. The establishment and revocation of these airspace areas was

originally scheduled for implementation on December 31, 1998. However,

the FAA delayed the effective date of the airspace action, to conduct

an administrative airspace review of the Cincinnati/Northern Kentucky

International Airport terminal area. The FAA completed the

administrative review and this action confirms the effective date for

establishment and revocation of these airspace areas.

EFFECTIVE DATES: The final rule published in the Federal Register on

November 30, 1998 (63 FR 65972), and delayed on December 14, 1998 (63

FR 68675), is effective 0901 UTC, July 15, 1999.

FOR FURTHER INFORMATION CONTACT: 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:

Regulatory History

Pre-Notice of Proposed Rulemaking Public Input

In 1992 the FAA began the public process of briefing those affected

by proposed airspace changes for the Cincinnati/Northern Kentucky

International Airport. As announced in the Federal Register (57 FR

32835; July 23, 1992) informal airspace meetings were held on September

3 and 4, 1992, in the Ohio and Kentucky area. Owners and managers of

the local general aviation airports, members of the aviation industry,

fixed-base operators, and concerned airspace users provided input. An

Ad Hoc User Group Advisory Committee, established by the FAA and

composed of local aviation users, submitted seven recommendations and a

Class B airspace design proposal. All comments received during the

informal airspace meetings and the subsequent comment period were

considered and/or incorporated in the notice of proposed rulemaking.

Notice of Proposed Rulemaking (NPRM)

On February 10, 1998, the FAA published a NPRM in the Federal

Register (63 FR 6818) proposing to establish a Class B airspace area

and revoke the existing Class C airspace area at CVG. The 60-day

comment period for this proposed rulemaking action closed on April 13,

1998. However, the FAA received two petitions to extend the comment

period and reopened the comment period on May 15, 1998, for an

additional 60 days (63 FR 27160). The supplemental comment period

closed on July 14, 1998. The FAA received 36 comments in response to

this NPRM and they were addressed in the final rule.

Final Rule

On November 30, 1998, the FAA published a final rule in the Federal

Register (63 FR 65972) establishing a Class B airspace area and

revoking the Class C airspace area for CVG. The CVG Class B airspace

area consists of an area encompassing a 25-mile radius of CVG from the

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

The FAA took 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. The effective date

of the rule was December 31, 1998.

Delay of Final Rule Implementation Date

On December 14, 1998, the FAA issued a rule (63 FR 68675) that

delayed the effective date of the rule establishing the CVG Class B

airspace area, and revoking the Class C airspace area.

After issuance of the final, but prior to the December 31, 1998,

effective date, the FAA delayed the implementation date to evaluate

whether this airspace action continued to be necessary to enhance the

safety of air navigation, and whether there was new information that

should have been considered prior to promulgating the final rule. The

rule delaying the effective date was effective immediately to allow the

FAA sufficient time to conduct an administrative airspace review.

Administrative Airspace Review

The FAA conducted a review of the rule that established the

Cincinnati/Northern Kentucky International Airport Class B Airspace

Area, and revoked the Cincinnati/Northern Kentucky International

Airport Class C Airspace Area; KY. The FAA revalidated the data and

analysis used in formulating the airspace action. The FAA also reviewed

the need for and configuration of the CVG Class B airspace area; the

simulation modeling of the airspace area and analysis of air traffic in

the Cincinnati terminal airspace area; and the analysis of comments

received after the final rule establishing the Class B airspace area

had been issued. It also considered whether there were any new issues

not previously addressed in the NPRM or final rule.

The results of the administrative airspace review confirm the FAA

findings in the final rule. Many of the post final rule comments

repeated those previously received in response to the NPRM, and

addressed by the FAA in the final rule.

Those commenting did not provide the FAA with any new information

that would cause the FAA to change its determination concerning the

need for the CVG Class B airspace area and its published configuration.

The review also indicated that the level of current aircraft operations

in the terminal area support establishment of the Cincinnati/Northern

Kentucky International Airport Class B airspace area, and revocation of

the Class C airspace area as published. The review found that the

published design is the minimum airspace required to protect enplaned

passengers and manage aircraft operations into, out of, and through the

Cincinnati terminal airspace area.

A copy of the Administrative Airspace Review has been placed in the

official docket for this airspace effort. 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.

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.

Therefore, this regulation (1) is not a significant regulatory action

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

DOT

[[Page 17935]]

Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);

and (3) does not warrant preparation of a Regulatory Evaluation as the

anticipated impact is so minimal. Since this is a routine matter that

will only affect air traffic procedures and air navigation, it is

certified that this rule will not have a significant economic impact on

a substantial number of small entities under the criteria of the

Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air).

Effective Date

The effective date of Airspace Docket 93-AWA-5, as published in the

Federal Register on November 30, 1998 (63 FR 65972), is 0901 UTC, July

15, 1999. This effective date coincides with the scheduled publication

date for the appropriate aeronautical chart for this area. Except for

the change in the effective date, the preamble and final rule

establishing the CVG Class B airspace area, and revoking the CVG Class

C airspace area, as published in the Federal Register on November 30,

1998 (63 FR 65972), remains the same.

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

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

* * * * *

Issued in Washington, DC, on April 7, 1999.

Nancy B. Kalinowski,

Acting Program Director for Air Traffic Airspace Management.

[FR Doc. 99-9019 Filed 4-7-99; 12:53 pm]

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