[Federal Register Volume 66, Number 250 (Monday, December 31, 2001)]
[Proposed Rules]
[Pages 67632-67638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-32007]



[[Page 67631]]

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Part II





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 71



Proposed Modification of the Cincinnati/Northern Kentucky International 
Airport Class B Airspace Area; KY; Proposed Rule

Federal Register / Vol. 66, No. 250 / Monday, December 31, 2001 / 
Proposed Rules

[[Page 67632]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2001-10912; Airspace Docket No. 00-AWA-6]
RIN 2120-AA66


Proposed Modification of the Cincinnati/Northern Kentucky 
International Airport Class B Airspace Area; KY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify the current Cincinnati/Northern 
Kentucky International Airport (CVG) Class B airspace area. 
Specifically, this action proposes to expand the lateral limits of Area 
C; reduce the lateral limits of Area F; eliminate Area G; and raise the 
upper limit of the entire Class B airspace area from 8,000 feet mean 
sea level (MSL) to 10,000 feet MSL. The FAA is proposing this action to 
enhance safety, reduce the potential for midair collisions, and to 
improve the management of air traffic operations in the CVG terminal 
area. Further, this effort supports the FAA's National Airspace 
Redesign project goal of optimizing terminal and enroute airspace areas 
to reduce aircraft delays and improve system capacity.

DATES: Comments must be received on or before March 1, 2002.

ADDRESSES: Send comments on this proposal to the Docket Management 
System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh 
Street, SW., Washington, DC 20590-0001. You must identify both docket 
numbers, FAA-2001-10912/Airspace Docket No. 00-AWA-6, at the beginning 
of your comments.
    You may also submit comments through the Internet to http://dms.dot.gov. You may review the public docket containing the proposal, 
any comments received, and any final disposition in person in the 
Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The Dockets Office (telephone 1-800-647-5527) is on 
the plaza level of the NASSIF Building at the Department of 
Transportation at the above address.
    An informal docket may also be examined during normal business 
hours at the office of the Regional Air Traffic Division, ASO-500, 
Federal Aviation Administration, 1701 Columbia Avenue, College Park, GA 
30337.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, 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 parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments as they 
may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal. 
Communications should identify both airspace docket numbers and be 
submitted in triplicate to the address listed above. Commenters wishing 
the FAA to acknowledge receipt of their comments on this notice must 
submit with those comments a self-addressed, stamped postcard on which 
the following statement is made: ``Comments to Docket Nos. FAA-2001-
10912/Airspace Docket No. 00-AWA-6.'' The postcard will be date/time 
stamped and returned to the commenter. All communications received on 
or before the specified closing date for comments will be considered 
before taking action on the proposed rule. The proposal contained in 
this notice may be changed in light of comments received. All comments 
submitted will be available for examination in the Rules Docket both 
before and after the closing date for comments. A report summarizing 
each substantive public contact with FAA personnel concerned with this 
rulemaking will be filed in the docket.

Availability of NPRM's

    An electronic copy of this document may be downloaded through the 
internet at http://dms.dot.gov. Internet users may reach the FAA's web 
page at http://www.faa.gov or the Federal Register's web page at http://www.access.gpo.gov/nara for access to recently published rulemaking 
documents.
    Any person may also obtain a copy of this NPRM by submitting a 
request to the FAA, Office of Air Traffic Airspace Management, ATA-400, 
800 Independence Avenue, SW., Washington, DC 20591, or by calling (202) 
267-8783. Communications must identify both docket numbers of this 
NPRM. Persons interested in being placed on a mailing list for future 
NPRM's should call the FAA, Office of Rulemaking, (202) 267-9677, to 
request a copy of Advisory Circular No. 11-2A, Notice of Proposed 
Rulemaking Distribution System, which describes the application 
procedure.

Related Rulemaking Actions

    On May 21, 1970, the FAA published the Designation of Federal 
Airways, Controlled Airspace, and Reporting Points Final Rule (35 FR 
7782). This rule provided for the establishment of Terminal Control 
Airspace (TCA) areas (now known as Class B airspace areas).
    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 nautical miles (NM) of any 
designated TCA (now known as Class B airspace areas) 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 Terminal Control Area 
Classification and Terminal Control Area Pilot and Navigation Equipment 
Requirements Final Rule (53 FR 40318). 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 the Airspace 
Reclassification Final Rule (56 FR 65638). 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 the remainder of this NPRM.

Petitions

    On April 28, 1999, Sportsman's Market, Inc., (herein after referred 
to as ``the petitioner'' or ``Sporty's'') petitioned the FAA for a 
modification to the current CVG Class B airspace area by raising the 
upper limit and modifying the lateral dimensions of certain sub-areas. 
Specifically, the petitioner requested that the FAA raise the upper 
limit of the CVG Class B airspace area from 8,000 feet MSL to 8,400 
feet MSL, lower the floor of area F and change its

[[Page 67633]]

lateral boundaries on the western side to include part of area G, and 
eliminate the rest of area G. The petitioner is of the opinion that the 
existing CVG Class B rule causes significant adverse economic effects 
to businesses located at Clermont County Airport because the airport is 
located under, but not in, an area of Class B airspace. Essentially, 
the petitioner contended in part that the 25 NM outer ring impedes 
access to Clermont County Airport. However, as the floor of the Class B 
airspace area is 6,000 feet MSL in the vicinity of the airport, the 
airport is located outside of, and beneath the Class B airspace area. 
This configuration provides access to the airport, and businesses 
located at the airport, for pilots not desiring to participate in Class 
B services.
    On May 12, 1999, the Aircraft Owners and Pilots Association (AOPA) 
petitioned the FAA to reconsider the dimension of the current Class B 
airspace area. Specifically, AOPA requested that the outer ring of the 
airspace be reduced to 20 NM from 25 NM and that the reference point 
for the Class B airspace area be centered on the very high frequency 
omnidirectional radio range/tactical air navigational aid (VORTAC).
    This rulemaking proposal will address the concerns and substance of 
both the Sportsman's Market, Inc., and the AOPA petitions which will be 
discussed later in the document. Although AOPA's petition stated that 
it was a request for reconsideration, the relief sought by AOPA could 
not be accomplished without rulemaking.

Related Rulemaking

    The TCA (now Class B airspace) 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 a general aviation (GA) aircraft 
and an air carriers or military aircraft, and 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 these airspace areas afford the greatest 
protection for the greatest number of people by giving air traffic 
control (ATC) increased capability to proved aircraft separation 
service, thereby minimizing the mix of controlled and uncontrolled 
aircraft.
    The standard configuration of these areas contains three concentric 
circles centered on the primary airport extending to 10, 20, and 30 NM, 
respectively. The standard vertical limit of these airspace areas 
normally should not exceed 10,000 feet above 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. However, 
variations if this configuration may be utilized contingent on the 
terrain, adjacent regulatory airspace, and factors unique to the 
terminal area.
    On November 30, 1998 the FAA published a final rule establishing 
the CVG Class B airspace area and revoking the existing Class C 
airspace area (63 FR 65972). The new Class B airspace area, implemented 
on July 15, 1999, consisted of that airspace within a 25-NM radius of 
the CVG International Airport, from the surface or higher up to and 
including 8,000 feet above MSL.

Pre-NPRM Public Input

    FAA policy requires a biennial evaluation of existing Class B 
airspace areas to ensure that the airspace is configured to enhance 
safety and that it is being used efficiently. Based on a need for this 
evaluation, an Ad Hoc Committee, representing a cross section of 
aviation users, was formed to determine if the dimensions of the CVG 
Class B airspace area were meeting the original intent and, if needed, 
to develop recommendations for modifications to that airspace. The 
Committee held a series of meetings between November 1999 and April 
2000.
    As announced in the Federal Register on June 28, 2000 (65 FR 39979) 
pre-NPRM informal airspace meetings were held on August 16 and 17, 
2000, in Cincinnati, OH, to allow local interested airspace users an 
opportunity to present input on planned modifications to the CVG Class 
B airspace area and recommendations from the Ad Hoc group. The proposed 
modifications discussed in this notice were developed as a result of an 
FAA airspace analysis completed in accordance with the agency's policy 
to periodically review Class B airspace area designations, and the 
recommendations submitted by the Ad Hoc Committee. All comments 
received during the informal airspace meetings and the subsequent 
comment period were considered and are addressed in this NPRM.

Discussion

    What follows is a discussion of the proposal, analysis of the 
comments received during the pre-NPRM stage, and petitions received.

Vertical Dimension Modification

    Seven commenters expressed opposition to the proposed raising of 
the CVG Class B airspace area ceiling to 10,000 MSL. Reasons for this 
opposition included: the impact on the ability of VFR traffic to fly 
over the top of the Class B airspace area (without the need for 
supplemental oxygen); the fact that other, apparently busier, Class B 
terminals have ceilings below 10,000 feet MSL; and, that air carrier 
aircraft operating above 8,000 feet do not need expanded Class B 
airspace because the existing Mode C veil requirements and the equipage 
of air carrier aircraft with the Traffic Alert and Collision Avoidance 
System (TCAS) already provide adequate protection.
    The FAA does not agree with these comments. The proposed increase 
in the Class B airspace area ceiling would not deny VFR aircraft access 
to the airspace between 8,000 feet and 10,000 feet MSL. It is 
anticipated that the proposed higher ceiling would not have a 
significant adverse impact on VFR traffic based on a finding by the Ad 
Hoc Committee that, over a 60-day period, only 70 VFR flight tracks 
were observed between 8,000 and 10,000 feet, within 25 miles of CVG. 
The FAA believes that the proposed 10,000-foot ceiling would, in fact, 
enhance the safety of VFR operations in that stratum as these altitudes 
currently contain a significant volume of turbojet-powered air carrier, 
general aviation, and cargo aircraft that are climbing rapidly to 
10,000 feet to accelerate above 250k; or are descending to 10,000 feet 
for speed reduction prior to further descent. While TCAS certainly 
enhances safety, it should be noted that the TCAS requirement does not 
currently apply to cargo aircraft. A sizeable percentage of CVG's 
traffic volume consists of large turbojet-powered cargo aircraft. In a 
separate regulatory action, the FAA issued a Notice of Proposed 
Rulemaking on November 1, 2001, proposing to add collision avoidance 
system requirements for certain cargo airplanes (66 FR 55506). 
Notwithstanding the outcome of that effort, the higher ceiling would 
augment the safety benefits of the Mode C veil and TCAS by ensuring 
that ATC has communications with all aircraft operating in that 
stratum. This would not only reduce controller

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workload by enabling ATC to ascertain VFR pilot intentions, route of 
flight, and destination, but would also allow controllers to offer 
assistance to such VFR aircraft in avoiding the heavy concentrations of 
traffic transitioning vertically through these altitudes.
    Additionally, although other terminals may have Class B airspace 
area ceilings below 10,000 feet, the design of each Class B airspace 
area is unique, site specific, and is based on a variety of factors 
such as airspace complexity and ATC operational requirements. 
Operational requirements were in part factors in the development of 
this proposal. Another factor is that the Cincinnati/Northern Kentucky 
terminal airspace is bounded by Restricted Areas R-3403A and R-3404B on 
the west, and the Buckeye military operations area on the east. These 
areas limit ATC's flexibility in assigning arrival and departure tracks 
in two quadrants of the terminal area. Also, other terminal areas near 
CVG have ATC delegated airspace up to 10,000 feet MSL. The proposed 
raising of the CVG Class B ceiling would simplify terminal area ATC 
procedures by reducing coordination requirements and frequency changes 
because, for example the CVG air traffic controller could have the 
ability to transfer a departing aircraft directly to the center 
controller without a requirement for the pilot to contact the adjacent 
terminal facility controller. Indianapolis Air Route Traffic Control 
(ARTCC) currently delivers aircraft inbound to CVG at 11,000 feet MSL 
via one of four arrival transition areas (ATA) located northwest, 
northeast, southeast, or southwest of the airport. Once in the terminal 
area, these airport arrivals are generally descended to 10,000 feet; 
while the departures normally climb up to 8,000 or 9,000 feet. When the 
departures have been laterally separated from the arrivals by ATC, the 
departures are issued a climb to 13,000 feet and handed off to 
Indianapolis ARTCC. Concurrently, once this lateral separation is 
established, the arrivals are given a descent to a lower altitude. This 
generally cannot occur until the arrivals are abeam the airport, on a 
downwind leg. With the existing 8,000 feet ceiling, traffic arriving at 
CVG often must fly 30-35 NM outside of the Class B airspace, depending 
on the runway in use and the direction of arrival into the terminal 
area. For example, when the airport is using Runways 18L and 18R for 
landings (approximately 86 percent of the time), aircraft arriving 
through the southeast or southwest ATAs are required to travel about 30 
flying miles at 10,000 feet or 11,000 feet, above the existing CVG 
Class B airspace area, before reaching a point abeam the airport where 
they can be descended into the Class B airspace area. A similar 
situation exists for aircraft arriving through the northwest and 
northeast ATAs when Runways 36L and 36R are in use.
    The Ad Hoc Committee did not reach a consensus regarding the issue 
of raising the Class B airspace area ceiling to 10,000 feet MSL. 
However, the FAA believes that the airspace analysis supports the 
increase and is including the proposal in this notice to obtain 
additional comment on the matter before any final decision is made. If 
the FAA keeps the Class B ceiling at a lower altitude (i.e., 8,000 feet 
MSL), more departing aircraft will be required to level off prior to 
reaching an altitude where they can accelerate above 250 knots. This is 
not cost effective and does not contribute to system efficiency. 
Raising the altitude to 10,000 feet MSL decreases the chances that ATC 
will need to require a departing aircraft to level off prior to cruise 
altitude. The FAA believes that raising the altitude of the area would 
lessen economic impacts and increase system efficiency for aircraft 
operating into and out of CVG. Raising the Class B ceiling to 8,400 
feet MSL as requested by Sporty's, would not provide sufficient Class B 
airspace needed to contain those arriving aircraft that must currently 
travel a significant distance above Class B airspace as discussed 
above. For the original establishment of the CVG Class B airspace area, 
the FAA's analysis indicated that an 8,000 feet MSL ceiling would be 
sufficient. Operational experience with this configuration since the 
July 15, 1999 implementation indicates that a 10,000 feet MSL ceiling 
would benefit safety and efficiency in the CVG terminal area.

Lateral Dimension Modification

    Several commenters contended that the 25-NM ring of the Class B 
airspace area is excessively large and that the outer ring of the Class 
B airspace area should be reduced to 20 NM. Conversely, two commenters 
expressed concern about whether the proposed reduction of the outer 
ring from 25 miles to 20 miles would still ensure that aircraft are 
contained within the Class B airspace area throughout all phases of the 
approach.
    In this action, the FAA is proposing to reduce the limit of the 
outer ring in the east and west quadrants (i.e., portions of area G and 
area F) to 20 NM. During the rulemaking process to revoke the Class C 
airspace area and implement a Class B airspace area at CVG, several 
commenters recommended reducing the size of the proposed area to a 15- 
to 20-mile radius rather than at that time the proposed 25-mile radius. 
At that time, the FAA concluded that, because of the high volume of 
arrival and departure aircraft at the primary airport, it was necessary 
to use the area between 20-25 NM, including areas F and G. The Class B 
airspace area became effective on July 15, 1999 (64 FR 17934) with the 
outer ring set at 25 NM. After the implementation of the Class B 
airspace area, modifications were made to local ATC procedures to 
improve the management of aircraft operations into and out of CVG. Over 
the past 3 years, the FAA has been studying aircraft operations in the 
CVG terminal area to assess airspace use and air traffic control 
procedures and requirements, particularly in light of the conversion of 
CVG terminal airspace from Class C to Class B. As part of this effort, 
FAA representatives met on numerous occasions with local pilots, user 
groups, and airport officials seeking feedback on the effectiveness of 
the terminal area airspace configuration. These feedback sessions, 
along with the internal ongoing review, were conducted to determine 
whether the Class B airspace area was configured to ensure the most 
efficient use of airspace, and to ensure the safe, orderly, and 
expeditious flow of traffic. Based on its review, the FAA determined 
that, based on procedural changes, arrival aircraft are not now being 
directed into the airspace to the east and west of CVG. Further, 
operational experience also revealed that departure aircraft on the 
east and west sides have already reached an altitude between 11,000 to 
12,000 feet MSL by the time they pass the 20 NM Class B airspace ring. 
Another factor that the FAA evaluated is the proximity to special use 
airspace to the CVG Class B airspace area. On the west side, restricted 
areas R-3404A and B are situated less than 10 NM west of the current 25 
NM Class B boundary. This allows only a small corridor for VFR pilots 
transiting north and south between the restricted areas and the CVG 
Class B airspace area who elect not to participate in Class B services. 
Reducing the outer ring to 20 NM in this area would provide additional 
airspace for pilots transiting north and south or choosing to 
circumnavigate the Class B area. Similarly, on the east side, the 
Buckeye military operations area (MOA) is located approximately 10 NM 
east of the Class B airspace boundary. Reducing the outer ring to 20 NM 
in this area would also provide VFR aircraft with a

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wider corridor to circumnavigate the Class B airspace area and remain 
clear of the Buckeye MOA. Additionally, the airspace analysis revealed 
that the current airspace north and south of CVG is necessary to 
accommodate arrival traffic and provide needed airspace for 
simultaneous parallel ILS approaches. A third runway is scheduled to 
become operational at CVG in 2005. When operational, the third runway 
is expected to provide a 26% capacity improvement at CVG through the 
introduction of simultaneous triple ILS approaches.
    In their petitions, both Sporty's and AOPA requested adjustments to 
the outer limits of the CVG Class B airspace area. The retention of the 
outer ring at 25 NM on the north and south sides will ensure that 
sufficient Class B airspace is available to contain those procedures 
and accommodate the projected increase in traffic at CVG. Based on the 
operational experience gained since the inception of the Class B 
airspace area and the recommendations of the Ad Hoc committee, the FAA 
believes that Class B airspace is not required between the 20 NM and 25 
NM rings to the east and west of CVG and that the modification of the 
outer ring as described above would enhance the efficient use of 
airspace without adversely affecting safety.

Other Comments

    One commenter suggested that a corridor be developed through the 
Class B airspace area, within which the Mode C veil requirement would 
not apply.
    The FAA does not have the latitude to exclude areas within a 30-NM 
radius of the Class B airspace primary airport from the requirement for 
an altitude encoding transponder (this area is commonly referred to as 
the ``Mode C Veil''). The Mode C veil requirement originated from 
several Congressional mandates (Public Law 100-202, etc.) that the FAA 
issue regulations requiring that all aircraft operating in certain 
terminal airspace areas be equipped with a transponder with Mode C. On 
June 21, 1988, the FAA issued a rule requiring that, as of July 1, 
1989, all aircraft, with certain exceptions, operating within 30 miles 
of any designated terminal control area (now Class B airspace area) 
primary airport must be equipped with a transponder with Mode C (53 FR 
23368). However, the commenter is advised that FAA included provisions 
in 14 CFR 91.215(d) to allow for ATC-authorized deviations from this 
requirement, under certain conditions, to accommodate non-transponder 
operations to, from, or within the Mode C veil.
    One commenter stated that the FAA should use physical features 
instead of radials to describe the boundaries of the Class B airspace 
area. In its petition, AOPA requested that the reference point for the 
Class B airspace area be centered on the Cincinnati VORTAC as opposed 
to the airport.
    The Class B airspace area description proposed in this notice is 
based on the recommendations of the Ad Hoc Committee and represents 
only minor changes to the existing format used to describe the lateral 
dimensions of the area. The current and proposed boundary descriptions 
consist of a mix of prominent landmarks, latitude/longitude 
coordinates, radials from the Cincinnati VORTAC, and arcs of the 
airport. Considering the availability of landmarks in the area, the FAA 
believes that this mix of descriptors should effectively assist pilots 
in identifying the lateral boundaries of the Class B airspace area. The 
FAA will consider the addition of a very high frequency omnidirectional 
radio range radial/Distance Measuring Equipment (DME) cross-reference 
table to the Cincinnati terminal area chart, similar to the tables 
found on the Los Angeles and San Diego terminal area charts, to define 
various points of the CVG Class B airspace area. This table would 
provide radial/DME references to further assist pilots in navigating in 
the Cincinnati area.
    Two commenters recommended that the FAA establish VFR corridors 
through the Class B airspace area and one commenter recommended the 
establishment of a VFR/IFR corridor to facilitate transiting the 
Cincinnati area.
    The FAA does not agree with the recommendation to establish VFR 
corridors because the establishment of such corridors could interfere 
with safe and efficient operations in the CVG Class B airspace area. 
Low altitude VFR transition routes have been published on the reverse 
side of the Cincinnati VFR Terminal area chart to assist pilots since 
the original inception of the Class B airspace area. If the proposed 
modifications are implemented, the transition routes will basically 
remain the same except for minor adjustments to the suggested altitudes 
in Area D, to the north and south of the airport. Regarding the 
recommendation to establish a VFR/IFR corridor, there would be no 
operational advantage to be gained over the services currently provided 
by ATC to assist both VFR and IFR overflights in avoiding the high 
concentrations of IFR traffic.

The Proposal

    The FAA proposes to amend 14 CFR part 71 by modifying the CVG Class 
B airspace area. Specifically, this action (depicted on the attached 
chart) proposes to expand the lateral limits of Area C to the north and 
south of the airport; modify the lateral limits of Area F on the east 
and west sides of the Class B area; eliminate Area G; and raise the 
upper limit of the Class B airspace area from 8,000 feet MSL to 10,000 
feet MSL. These modifications would better accommodate nonparticipating 
aircraft operations by providing both easier access to satellite 
airports, and additional airspace on the east and west sides for 
aircraft desiring to circumnavigate the CVG Class B airspace area. In 
addition, these modifications would improve the management of air 
traffic operations in the CVG terminal area, and enhance safety by 
extending Class B airspace protection to a significant volume of 
aircraft currently operating between 8,000 feet MSL and 10,000 feet 
MSL. This proposed action supports various efforts to enhance the 
efficiency and capacity of the National Airspace System, such as the 
National Airspace Redesign and the Operational Evolution Plan.
    Area A and Area B. The FAA is not proposing any changes to the 
lateral dimensions of Area A or Area B.
    Area C. The FAA proposes to modify Area C by expanding the 
boundaries of Area C to the north and south of the airport. This 
modification would incorporate into Area C, two segments of the Class B 
airspace area that are currently contained within Area D. Specifically, 
to the north of the airport, the FAA proposes to extend Area C 
northward to incorporate that part of Area D airspace that lies west of 
the extended instrument landing system (ILS) localizer course for 
Runway 18L, between the 20- and 25-NM arcs of the airport. To the south 
of the airport, the FAA proposes to extend Area C southward to 
incorporate that portion of Area D that lies west of the extended ILS 
localizer course for Runway 36R, between the 20- and 25-NM arcs of the 
airport. The effect of extending Area C as described, would be to lower 
the floor of Class B airspace in the affected segments from the current 
3,500 feet MSL to 3,000 feet MSL. The reason for this change is to 
provide additional airspace needed to ensure that the required 1,000 
feet vertical separation is maintained while multiple aircraft are 
being radar vectored for simultaneous ILS approaches.
    Area D. The FAA proposes to modify Area D to the north and south of 
the airport as a result of the expansion of Area C as described above. 
This modification would reduce the size of

[[Page 67636]]

the Area D segments located to the north and south of the airport. The 
Area D segments located to the east and west of the airport would not 
be changed by this proposal.
    Area E. No changes are proposed to the lateral dimensions of Area 
E.
    Area F. The FAA proposes to reduce the overall size of Area F by 
eliminating certain portions of Area F, between 20 NM and 25 NM, 
located to the west and east of the airport. On the west side, the 
portion of Area F that lies within an area bounded by the 20- and 25-NM 
arcs of the airport, and between the CVG VORTAC 247 deg. radial 
clockwise to the CVG VORTAC 297 deg. radial, would be eliminated. To 
the east of the airport, the portion of Area F bounded by the 20- and 
25-NM arcs of the airport, and between the CVG VORTAC 056 deg. radial 
clockwise to the CVG VORTAC 116 deg. radial, would also be eliminated. 
The FAA proposes to further modify Area F by incorporating two small 
sections of Area G. Specifically, Area F would absorb small segments of 
airspace in the western-most point and the southern tip of the existing 
Area G. The proposed Area F modifications would benefit 
nonparticipating VFR operations by accommodating easier access to 
satellite airports and by providing a larger area for circumnavigation 
between the Class B airspace area and Restricted Area R-3403 on the 
west side; and between the Class B airspace area and the Buckeye 
military operations area to the east of the CVG terminal area.
    Area G. The FAA proposes to eliminate most of Area G (i.e., that 
airspace from 6,000 feet MSL to and including 8,000 feet MSL, along the 
eastern edge of the Class B airspace area), except for two small 
sections at the western-most and southern-most points in Area G that 
would be incorporated into Area F, as described above. Three years ago, 
the FAA believed that it was necessary to have Class B airspace out to 
25 NM to the west and to the east of CVG. The FAA believed this was 
necessary in order to accommodate departure profiles and to provide for 
the optimum use of the airspace. After two years of operational 
experience, the FAA now believes that the proposed cutouts to the east 
and to the west will adequately accommodate the departure profiles. 
This modification would better accommodate GA operations at satellite 
airports and allow easier access/transition by nonparticipating 
aircraft. This would also provide aircraft not desiring to participate 
in Class B services with additional airspace for circumnavigation of 
the Class B airspace area on the east side.
    The FAA further proposes to raise the upper limit of the Class B 
airspace area from the current 8,000 feet MSL to 10,000 feet MSL.
    This proposal to modify the CVG Class B airspace area would enhance 
safety and improve the flow of air traffic in the CVG terminal area. In 
addition, it would better accommodate VFR operations by improving 
access to satellite airports and providing additional airspace for 
circumnavigation of the CVG Class B airspace area. The modifications 
proposed in this notice support the National Airspace Redesign project 
and the FAA's Operational Evolution Plan.
    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 7400.9J, dated August 31, 2001, and effective 
September 16, 2001, which is incorporated by reference in 14 CFR 
section 71.1. The Class B airspace area listed in this document would 
be published subsequently in the Order.

Regulatory Evaluation Summary

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs each Federal agency 
proposing or adopting a regulation to first make 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 impact of regulatory changes on small entities. 
Third, the Trade Agreements Act prohibits agencies from setting 
standards that create unnecessary obstacles to the foreign commerce of 
the United States. In developing U.S. standards, this act requires 
agencies to consider international standards, and use them where 
appropriate as the basis of U.S. standards. Fourth, the Unfunded 
Mandates Reform Act of 1995 requires agencies to prepare a written 
assessment of the costs and benefits and other effects of proposed and 
final rules. An assessment must be prepared only for rules that impose 
a Federal mandate on State, local or tribal governments, or on the 
private sector, likely to result in a total expenditure of $100 million 
or more in any one year (adjusted for inflation.)
    In conducting these analyses, FAA has determined: (1) This rule has 
benefits that justify its costs. This rulemaking does not impose costs 
sufficient to be considered ``significant'' under the economic 
standards for significance under Executive Order 12866 or under DOT's 
Regulatory Policies and Procedures. Due to public interest, however, it 
is considered significant under the Executive Order and DOT policy. (2) 
This rule would not have a significant impact on a substantial number 
of small entities. (3) This rule has no affect on any trade-sensitive 
activity. (4) This rule does not impose an unfunded mandate on state, 
local, or tribal governments, or on the private sector.
    The proposed rule would expand the lateral limits of Area C; reduce 
the lateral limits of Area F; eliminate Area G; and raise the upper 
limit of the entire Class B airspace area from 8,000 feet MSL to 10,000 
feet MSL.
    This NPRM would enhance safety in the CVG terminal area and would 
result in a more efficient use of the airspace. Additionally, this NPRM 
would generate cost savings to nonparticipating VFR operations by 
providing a larger area for circumnavigation. Thus, the FAA has 
determined that this proposed rule would be cost-beneficial.

Initial Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 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 principle, the Act requires agencies to solicit and 
consider flexible regulatory proposals and to explain the rationale 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 would have a significant economic impact on a substantial 
number of small entities. If the determination is that it would, the 
agency must prepare a regulatory flexibility analysis (RFA) as 
described in the Act.
    However, 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 1980 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.
    In view of the minimal cost impact of the rule, the FAA has 
determined that this proposed rule would not have significant economic 
impact on a

[[Page 67637]]

substantial number of small entities. Consequently, the FAA certifies 
that the rule would not have a significant economic impact on a 
substantial number of small entities. The FAA solicits comments from 
affected entities with respect to this finding and determination.

International Trade Impact Assessment

    The Trade Agreement Act of 1979 prohibits Federal agencies from 
engaging in any standards or related activities that create unnecessary 
obstacles to the foreign commerce of the United States. Legitimate 
domestic objectives, such as safety, are not considered unnecessary 
obstacles. The statute also requires consideration of international 
standards and where appropriate, that they be the basis for U.S. 
standards.
    In accordance with the above statute, the FAA has assessed the 
potential effect of this proposed rule and has determined that it would 
have only a domestic impact and therefore create no obstacles to the 
foreign commerce of the United States.

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 (when 
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 which, among other things, must provide for 
notice to potentially affected small governments, if any, and for a 
meaningful and timely opportunity for these small governments to 
provide input in the development of regulatory proposals.
    This proposed rule does not contain any Federal intergovernmental 
or private sector mandates. 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 1980 (Pub. L. 96-
511), there are no requirements for information collection associated 
with this proposed rule.

Conclusion

    In view of the minimal or zero cost of compliance of the proposed 
rule and the enhancements to operational efficiency that do not reduce 
aviation safety, the FAA has determined that the proposed rule would be 
cost-beneficial.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, 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 Administration Order 7400.9J, Airspace Designations and 
reporting Points, dated August 31, 2001, and effective September 16, 
2001, is amended as follows:

Paragraph 3000--Subpart B--Class B Airspace.

* * * * *

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

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 10,000 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 10,000 feet MSL within the area bounded by a line 
beginning at the intersection of the 5-mile arc of the airport and 
the Kentucky bank of the Ohio River northeast of the airport; thence 
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; thence 
north along the Kentucky bank of the Ohio River to the Indiana-Ohio 
State line (long. 84 deg.49'00" W); thence north along the State 
line to Interstate 275; thence northeast along Interstate 275 to 
Interstate 74; thence east along Interstate 74 to the CVG VORTAC 
040 deg. radial; thence southwest along 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 10,000 feet MSL within the area bounded by a line 
beginning at the intersection of Interstate 275 and the Indiana-Ohio 
State line (long. 84 deg.49'00" W); thence north along the Indiana-
Ohio State line, to intersect the 20-mile arc of the airport; thence 
clockwise along the 20-mile arc of the airport to intersect the 
extended Runway 18L ILS localizer course; then south along the 
extended Runway 18L ILS localizer course to the 15-mile arc of the 
airport; thence clockwise on the 15-mile arc to long. 84 deg.30'00" 
W.; thence south along 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; thence west along the Kentucky bank the Ohio 
River 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; 
thence west along Interstate 74 to Interstate 275; thence west along 
Interstate 275 to the point of beginning. That airspace beginning at 
the intersection of 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 intersect the Runway 36R ILS localizer course; thence south 
along the Runway 36R ILS localizer course to the 20-mile arc of the 
airport, thence clockwise along the 20-mile arc to long. 
84 deg.49'00" W.; thence north along long. 84 deg.49'00" W. 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 10,000 feet MSL within the area bounded by a line 
beginning at the intersection of 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 along 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.

[[Page 67638]]

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; thence clockwise along the 15-mile arc to lat. 
39 deg.09'18" N.; thence east along lat. 39 deg.09'18" N. 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 ILS Runway 18L localizer course; thence north along the extended 
ILS Runway 18L localizer course to the 20-mile arc of the airport; 
thence clockwise along the 20-mile arc to long. 84 deg.30'00" W.; 
thence south along long. 84 deg.30'00" W. to the 15-mile arc of the 
airport; thence counterclockwise along the 15-mile arc to the point 
of beginning. That airspace beginning at the intersection of the 15-
mile arc south of the airport and the ILS Runway 36R localizer 
course; thence south along the extended ILS Runway 36R localizer to 
the 20-mile arc of the airport; thence counterclockwise along the 
20-mile arc to long. 84 deg.30'00" W.; thence north along long. 
84 deg.30'00" W. to the 15-mile arc of the airport; thence clockwise 
along the 15-mile arc to the point of beginning.
    Area E. That airspace extending upward from 4,000 feet MSL to 
and including 10,000 feet MSL within the area bounded by a line 
beginning at the intersection of the 20-mile arc of the airport and 
the Indiana-Ohio State line; thence north along the Indiana-Ohio 
State line to the 25-mile arc of the airport; thence clockwise along 
the 25-mile arc to long. 84 deg.30'00" W.; thence south along long. 
84 deg.30'00" W. 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 intersection of the 20-mile arc of the 
airport and long. 84 deg.30'00" W. southeast of the airport; thence 
south along 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 10,000 feet MSL within the area bounded by a line 
beginning at the intersection of the 25-mile arc north of the 
airport and long. 84 deg.30'00" W.; thence clockwise along the 25-
mile arc of the airport to the CVG VORTAC 056 deg. radial; thence 
southwest along the CVG VORTAC 056 deg. radial to the 20-mile arc of 
the airport; thence clockwise along the 20-mile arc of the airport 
to the CVG VORTAC 116 deg. radial; thence southeast along the CVG 
VORTAC 116 deg. radial to the 25-mile arc of the airport; thence 
clockwise along the 25-mile arc of the airport to long. 
84 deg.30'00" W. south of the airport; thence north along long. 
84 deg.30'00" W. to the intersection of the 10-mile arc of the 
airport and lat. 38 deg.56'15" N.; thence east along lat. 
38 deg.56'15" N. to the 15-mile arc of the airport; thence clockwise 
along the 15-mile arc of the airport to lat. 39 deg.09'18" N.; 
thence west along lat. 39 deg.09'18" N. to the intersection of the 
10-mile arc of the airport and long. 84 deg.30'00" W; thence north 
along long. 84 deg.30'00" W. to the point of beginning. That 
airspace beginning at the intersection of the 25-mile arc of the 
airport and the Indiana-Ohio State line; thence counterclockwise 
along the 25-mile arc to the CVG VORTAC 297 deg. radial; thence 
southeast along the CVG VORTAC 297 deg. radial to the 20-mile arc of 
the airport; thence counterclockwise along the 20-mile arc of the 
airport to the CVG VORTAC 247 deg. radial; thence southwest along 
the CVG VORTAC 247 deg. radial to the 25-mile arc of the airport; 
thence counterclockwise along the 25-arc of the airport to long. 
84 deg.49'00" W. south of the airport; thence north along long. 
84 deg.49'00" W. 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 along lat. 38 deg.56'15" N. 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 along lat. 
39 deg.09'18" N. to the Indiana-Ohio State line; thence north along 
the Indiana-Ohio State line to the point of beginning.
    Area G. [Revoked]
* * * * *


    Issued in Washington, DC, on December 21, 2001.
Reginald C. Matthews,
Manager, Airspace and Rules Division.
[FR Doc. 01-32007 Filed 12-21-01; 3:43 pm]
BILLING CODE 4910-13-P