[Federal Register Volume 67, Number 116 (Monday, June 17, 2002)]
[Rules and Regulations]
[Pages 41160-41166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15133]


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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


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies the Cincinnati/Northern Kentucky 
International Airport (CVG) Class B airspace area. Specifically, this 
action expands the lateral limits of Area C; reduces the lateral limits 
of Area F; eliminates Area G; and raises the upper limit of the Class B 
airspace area from 8,000 feet mean sea level (MSL) to 10,000 feet MSL. 
The FAA is taking this action to enhance safety, reduce the potential 
for midair collisions, and 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.

EFFECTIVE DATE: 0901 UTC, July 11, 2002.

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:

Availability of Final Rule

    You can get an electronic copy using the Internet by taking the 
following steps:
    (1) Go to the search function of the Department of Transportation's 
electronic Docket Management System (DMS) web page (http://dms.dot.gov/search).
    (2) On the search page, type in the last four digits of the Docket 
Number shown at the beginning of this rule. Click on ``search.''
    (3) On the next page, which contains the Docket summary information 
for the Docket you selected, click on the document number for the item 
you wish to view.
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    Internet users may reach the FAA's web page at http://www.faa.gov 
or the Government Printing Office's web page at http://www.access.gpo.gov/nara for access to recently published rulemaking 
documents.
    Any person may obtain a copy of this final rule by submitting a 
request to the Federal Aviation Administration, Office of Air Traffic 
Airspace Management, Attention: Airspace and Rules Division, ATA-400, 
800 Independence Avenue, SW., Washington, DC 20591, or by calling (202) 
267-8783. Communications must identify the docket number of this final 
rule. Persons interested in being placed on a mailing list for future 
NPRM's or final rules should contact the Federal Aviation 
Administration, 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 20, 1970, the FAA published the Designation of Federal 
Airways, Controlled Airspace, and Reporting Points Final Rule in the 
Federal Register (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 in the Federal 
Register (53 FR 23356). This rule requires all aircraft to have an 
altitude encoding transponder when operating within 30 nautical miles 
(NM) of any designated Class B airspace area 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 operating outside of the Class B airspace 
area, but within 30 NM of the primary airport.
    On October 14, 1988, the FAA published the Terminal Control Area 
Classification and Terminal Control Area Pilot and Navigation Equipment 
Requirements Final Rule in the Federal Register (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 in the Federal Register (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 this final rule.

Background

    The Class B airspace area program was developed to reduce the 
potential for midair collision in the congested airspace surrounding 
airports with high density air traffic operations 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, a study of terminal airspace areas 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). The establishment of Class B airspace 
areas provides a method to accommodate increasing numbers 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) the increased capability to provide 
aircraft separation service, thereby minimizing the mix of controlled 
and uncontrolled aircraft.
    The standard configuration of Class B airspace areas normally 
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 
MSL, with the floor established at the surface in the inner area, and 
at levels appropriate to the containment of operations in the outer 
areas. Variations of these configurations may be utilized contingent on 
the terrain, adjacent

[[Page 41161]]

regulatory airspace, and factors unique to a specific terminal area.

Public Input

    On December 31, 2001, the FAA published a notice of proposed 
rulemaking (NPRM) in the Federal Register (Airspace Docket No. 00-AWA-
6; 66 FR 67632) proposing to modify the Cincinnati/Northern Kentucky 
International Airport Class B airspace area. The comment period for 
this NPRM closed on March 1, 2002.
    In response to the proposed rule, the FAA received six written 
comments. All comments received were considered before making a 
determination on this final rule. An analysis of the comments received 
and the FAA's response are summarized below.

Discussion of Comments

    The Air Line Pilots Association International (ALPA) wrote in 
support of the Class B airspace area modifications. All but one of the 
six commenters supported the lateral boundary modifications.
    Five commenters opposed raising the ceiling of the Class B airspace 
area to 10,000 feet MSL. One commenter said that the higher ceiling 
would place an unfair burden on those pilots of piston-engine GA 
aircraft desiring to overfly the Class B airspace area by requiring 
them to climb to altitudes where supplemental oxygen might be required. 
This commenter contended the higher ceiling places a ``huge cylindrical 
wall'' in the way of north/south traffic from the Michigan, Indiana, 
and Ohio areas headed to Florida and other points south. Another 
commenter opposed the higher ceiling based on the belief that GA pilots 
are rarely permitted to transit the CVG Class B airspace area. 
According to that commenter, it is easier to remain VFR, monitor ATC 
frequencies for situational awareness, and climb over the top of the 
Class B airspace area in lieu of being vectored well around the area, 
which requires additional fuel and time to travel around CVG. Another 
commenter wrote that the ability to fly over the Class B airspace area 
should be maintained and suggested that the upper limit of the Class B 
airspace area could be raised to 8,400 feet with little effect on 
transient pilots. One commenter contended that the 10,000-foot ceiling 
would result in a less safe situation because, instead of overflying 
the airport in an area of little traffic, he would be forced to go 
around the side of the Class B airspace area where there is 
considerable traffic approaching the airport. The Aircraft Owners and 
Pilots Association (AOPA) also opposed the higher ceiling, calling the 
change unjustified and requesting that the ceiling be retained at the 
current 8,000 feet MSL. In making its argument, AOPA wrote that Class B 
airspace should be established only when there is a significant number 
and mix of controlled and uncontrolled flights within the same 
airspace. AOPA said that the VFR flight track data presented in the 
NPRM do not appear to pose a safety problem for CVG traffic between 
8,000 feet MSL and 10,000 feet MSL, and that the VFR track survey 
information lacked enough detail to support a need to raise the 
ceiling. AOPA questioned the NPRM's discussion that the higher ceiling 
would allow reduced coordination requirements between adjacent ATC 
facilities and added that it is unclear how raising the Class B ceiling 
would eliminate the need for intermediate level offs by aircraft 
departing CVG. AOPA maintained that the justification for the vertical 
expansion of the Class B airspace area was based upon an economic 
benefit for aircraft that depart CVG without having to level off.
    The FAA has carefully considered these comments regarding the CVG 
Class B airspace area ceiling. The FAA does not agree that raising the 
vertical limit of the airspace will deny access to the Class B airspace 
area, nor will it place a ``wall'' in the way of north/south traffic 
transiting the CVG area. When the CVG Class B airspace area was 
originally established in 1999, the FAA developed suggested VFR flyways 
for use by those pilots planning VFR flights through or near the CVG 
terminal area who desire to avoid the Class B airspace. These routes 
are currently published on the reverse side of the Cincinnati VFR 
Terminal Area Chart. An ATC clearance is not required to fly these 
routes. The VFR flyway routes, with minor adjustments, will remain a 
charted feature of the modified Class B airspace area. FAA 
representatives from CVG airport traffic control tower (ATCT) meet 
monthly with users at the Lunken (LUK) and Cincinnati-Blue Ash (ISZ) 
Airports, which are situated beneath the Class B airspace area, to 
familiarize pilots with traffic flows in and out of CVG and to solicit 
feedback on ATC services. At these monthly meetings, FAA 
representatives also review the process for pilots to transition north/
south and east/west through the CVG Class B airspace area, either with 
or without participation of ATC services, and discuss ATC-recommended 
altitudes that provide the safest and easiest transitions through the 
area. Based on feedback from users, pilots, in general, believe that 
transitioning through the Class B airspace area is not a difficult 
task. The FAA does not agree with the comment that GA pilots are rarely 
permitted to transit the CVG Class B airspace area. On visual 
meteorological condition (VMC) days, approximately 135 aircraft 
operating on VFR can be expected to transition through the entire CVG 
terminal area between 3,000 and 10,000 feet. CVG ATCT provides services 
to approximately 65 percent of these aircraft. Data reviewed since the 
VFR survey cited in the NPRM has shown that on a typical VMC day, most 
VFR aircraft transition the terminal area as recommended by CVG ATCT 
with few VFR aircraft transiting the CVG area between 8,000 feet and 
10,000 feet. In addition, raising the ceiling of the CVG Class B 
airspace area to 10,000 feet MSL will not prohibit VFR aircraft from 
transiting the Class B airspace area between 8,000 feet and 10,000 feet 
MSL. VFR pilots will be able to request clearance from ATC to cross the 
Class B airspace area between those altitudes. ATC can approve such 
requests subject to traffic.
    We agree with AOPA's comment that Class B airspace should be 
established only when there are significant numbers of, and a mix of 
controlled and uncontrolled, flights within the same airspace. However, 
this is but one of several important factors considered. The primary 
purpose for designating a Class B airspace area is to reduce the 
potential for midair collisions in the airspace surrounding airports 
with high density air traffic operations. Additionally, Class B 
airspace areas are designed to enhance the management of air traffic 
operations to and from the airports within the area, in addition to 
aircraft transiting the terminal area. The volume of traffic, number of 
enplaned passengers, traffic density, and type or nature of operations 
being conducted, and whether Class B airspace will contribute to the 
efficiency and safety of operations in the area are all factors that 
are considered in determining whether to designate Class B airspace.
    We do not agree with AOPA's conclusion that the proposed higher 
ceiling was intended to eliminate the need for ATC to level off 
departing aircraft, and that the justification for the proposed 
vertical expansion centers on the economic benefit for aircraft 
departing without having to level off. The NPRM did not state that the 
10,000-foot ceiling would eliminate intermediate level-offs for 
departing aircraft. Instead, the FAA believes that the higher ceiling 
decreases the chances that intermediate level offs may be required in 
some cases. Additionally,

[[Page 41162]]

while the FAA believes that some economic benefits may be realized, 
this will be only an ancillary benefit of the change. The primary 
reason for the higher ceiling is to enhance safety by affording greater 
protection to air carrier aircraft during critical stages of flight 
when arriving or departing CVG. The airspace between 8,000 and 10,000 
feet MSL is used on a regular basis by air traffic controllers for the 
purpose of managing instrument operations to and from CVG. As discussed 
in the NPRM, Indianapolis Air Route Traffic Control Center (ARTCC) 
currently delivers aircraft inbound to CVG at 11,000 feet MSL. Once in 
the terminal area, these CVG arrivals are generally descended to 10,000 
feet while CVG departures normally climb up to 8,000 feet or 9,000 
feet. Once lateral separation between the arrivals and departures has 
been established, the departures are issued further climb instructions 
and handed off to Indianapolis ARTCC. Arriving aircraft generally are 
not descended until abeam the airport on a downwind leg. With the 
current 8,000 feet ceiling, arriving aircraft often must fly 30-35 NM 
above the Class B airspace area, depending on runway in use and 
direction of arrival into the terminal area. Consequently, both arrival 
and departure IFR traffic must operate between 8,000 and 10,000 feet 
MSL in the CVG terminal area without the benefit of Class B airspace 
protection. The FAA believes that the current 8,000-foot ceiling does 
not provide adequate regulatory airspace protection required for this 
high density terminal area. The amount of IFR traffic between 8,000 and 
10,000 feet in the terminal area is such that CVG has entered into 
Letters of Agreement with adjacent ATC facilities to limit IFR 
overflight traffic between those altitudes. Further, the FAA concludes 
that raising the ceiling to 10,000 feet will enhance safety for all 
operators in the CVG terminal area.
    One commenter questioned the reduction of the size of the Class B 
airspace area on the east and west sides, specifically the elimination 
of Area G and the reduction in size of Area F, stating that the 
horizontal limits could stay as they are currently published without 
impacting safety or economics. This commenter suggested that future 
traffic growth in the CVG area should be considered so that the FAA 
will not have to adjust this airspace again in the future to compensate 
for growth. The commenter also stated that the current Class B airspace 
dimensions are well defined and easy to follow and that, if Area G is 
eliminated, physical features should be used to describe the new 
boundary rather than very high frequency omni-directional radio range 
radials. FAA policy requires that all Class B airspace areas be 
evaluated biennially to determine if any modifications are required. 
The proposal to eliminate Area G, and to reduce the lateral limits of 
Area F on the west side, was the result of such a review. Since the 
original development of the CVG Class B airspace area, COMAIR Airlines 
(representing approximately 50 percent of CVG traffic) has begun to 
operate only jet aircraft into the Cincinnati/Northern Kentucky 
International Airport. This change, due to jet aircraft having greater 
climb performance capabilities, has allowed the FAA to modify some 
procedures that previously had required the use of Area G airspace. 
Consequently, the FAA determined that the lateral boundaries of the 
Class B airspace area to the east and west of the airport may be 
adjusted without adversely affecting safety. The FAA considered traffic 
growth projections at CVG through the National Airspace Redesign 
workgroup. These modifications to the CVG Class B airspace area will 
provide enhanced safety to accommodate increased volume at CVG.

The Rule

    This amendment to 14 CFR part 71 modifies the CVG Class B airspace 
area. Specifically, this action raises the ceiling of the Class B 
airspace area from 8,000 feet MSL to 10,000 feet MSL; expands the 
lateral limits of Area C to the north and south of the airport; 
reconfigures the lateral limits of Area F on the east and west sides of 
the Class B airspace area; and eliminates Area G. Areas A, B, and E 
remain unchanged from their existing configurations, except for the new 
ceiling at 10,000 feet MSL. Area C is expanded to the north and south 
of the airport to provide additional airspace needed to ensure that the 
required 1,000 feet vertical separation is maintained while vectoring 
multiple aircraft for simultaneous ILS approaches. Area D to the north 
and south of the airport is modified as a result of the expansion of 
Area C, as described above, thereby reducing the size of the Area D 
segments located to the north and south of the airport. This action 
reduces 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. Area F is also modified to incorporate two small sections of 
Area G. Except for small segments of airspace in the western-most point 
and the southern tip of the existing Area G, Area G is eliminated from 
the Class B airspace area.
    These modifications to the CVG Class B airspace area 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 
in the CVG terminal area. Further, these modifications improve the flow 
and the management of air traffic operations in the CVG terminal area. 
The modifications also better accommodate VFR operations providing 
additional airspace for pilots to circumnavigate the CVG Class B 
airspace area. Finally, this 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.
    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, Airspace Designations and Reporting Points, 
dated August 31, 2001, and effective September 16, 2001, which is 
incorporated by reference in 14 CFR 71.1. The Class B airspace area 
listed in this document will be published subsequently in the Order.

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 (RFA) 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

[[Page 41163]]

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 will 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.
    This rule will expand the lateral limits of Area C; reduce the 
lateral limits of Area F; eliminate Area G, the portion not 
incorporated into Area F; and raise the upper limit of the entire Class 
B airspace area from 8,000 feet MSL to 10,000 feet MSL.
    The FAA believes that raising the upper limit of the Class B 
airspace area from the current 8,000 feet MSL to 10,000 feet MSL will 
reduce the likelihood of a midair collision in that airspace by 
enhancing ATC authority and capability to separate and sequence air 
traffic. Contraction of the CVG Class B airspace, in Areas F and G, 
will result in a more efficient use of the airspace, and will benefit 
nonparticipating VFR operations. Thus, the FAA has determined that this 
final rule will be cost-beneficial.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) 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 will have a significant economic impact on a substantial 
number of small entities. If the determination is that it will, the 
agency must prepare a regulatory flexibility analysis 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 a regulatory flexibility 
analysis 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 final rule will not have significant economic 
impact on a substantial number of small entities. Consequently, the FAA 
certifies that the rule will not have a significant economic impact on 
a substantial number of small entities.

International Trade Impact Statement

    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 final rule and has determined that it will 
have only a domestic impact and therefore no effect on any trade-
sensitive activity.

Unfunded Mandates Assessment

    The Unfunded Mandates Reform Act of 1995 (the Act), enacted as 
Public Law 104-4 on March 22, 1995, is intended, among other things, to 
curb the practice of imposing unfunded Federal mandates on State, 
local, and tribal governments.
    Title II of the Act requires each Federal agency to prepare a 
written statement assessing the effects of any Federal mandate in a 
proposed or final agency rule that may result in a $100 million or more 
expenditure (adjusted annually for inflation) in any one year by State, 
local, and tribal governments, in the aggregate, or by the private 
sector; such a mandate is deemed to be a ``significant regulatory 
action.''
    This final rule does not contain such a mandate. Therefore, the 
requirements of Title II of the Unfunded Mandates Reform Act of 1995 do 
not apply.

Paperwork Reduction Act

    This rule contains no information collection requests requiring 
approval of the Office of Management and Budget pursuant to the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)).

Conclusion

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

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND 
CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS

    1. The authority citation for 14 CFR 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

[[Page 41164]]

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 of 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. 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 June 7, 2002.
Reginald C. Matthews,
Manager, Airspace and Rules Division.

Appendix--Chart Showing Modification of Class B Airspace at Covington, 
KY

BILLING CODE 4910-13-P

[[Page 41165]]

[GRAPHIC] [TIFF OMITTED] TR17JN02.000


[[Page 41166]]


[FR Doc. 02-15133 Filed 6-12-02; 9:57 am]
BILLING CODE 4910-13-C