4910-13 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2024-0543; Airspace Docket No. 24-ASO-8] RIN 2120-AA66 Amendment of Class E Airspace; Covington, KY AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends the Class E airspace at Covington, KY. This action is the result of an airspace review conducted due to the decommissioning of the Cincinnati very high frequency omnidirectional range (VOR) as part of the VOR Minimum Operating Network (MON) Program. The name and geographic coordinates of various airports are also being updated to coincide with the FAA’s aeronautical database. This action brings the airspace into compliance with FAA orders to support instrument flight rule (IFR) operations. DATES: Effective 0901 UTC, September 5, 2024. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11 and publication of conforming amendments. ADDRESSES: A copy of the Notice of Proposed Rulemaking (NPRM), all comments received, this final rule, and all background material may be viewed online at www.regulations.gov using the FAA Docket number. Electronic retrieval help and guidelines are available on the website. It is available 24 hours each day, 365 days each year. FAA Order JO 7400.11H, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and Regulations Group, Office of Policy, Federal Aviation Administration, 800 Independence Avenue SW, Washington DC 20591; telephone: (202) 267-8783. FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation Administration, Operations Support Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5711. SUPPLEMENTARY INFORMATION: Authority for this Rulemaking The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it amends the Class E airspace extending upward from 700 feet above the surface at Cincinnati Municipal Airport/Lunken Field, Cincinnati, OH, (contained within the Covington, KY, airspace legal description) to support IFR operations at this airport. History The FAA published an NPRM for Docket No. FAA-2024-0543 in the Federal Register (89 FR 18855; March 15, 2024) proposing to amend the Class E airspace at Covington, KY. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Incorporation by Reference Class E airspace designations are published in paragraph 6005 of FAA Order JO 7400.11, Airspace Designations and Reporting Points, which is incorporated by reference in 14 CFR 71.1 on an annual basis. This document amends the current version of that order, FAA Order JO 7400.11H, dated August 11, 2023, and effective September 15, 2023. FAA Order JO 7400.11H is publicly available as listed in the ADDRESSES section of this document. These amendments will be published in the next update to FAA Order JO 7400.11. FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points. The Rule This amendment to 14 CFR part 71 modifies the Class E airspace extending upward from 700 feet above the surface to within an 8.8-mile (decreased from a 10.5-mile) radius of Cincinnati Municipal Airport/Lunken Field, Cincinnati, OH; and within 2 miles each side of the 021° bearing from the Cincinnati Municipal Airport/Lunken Field extending from the 8.8-mile radius from the Cincinnati Municipal Airport/Lunken Field to 12.3 miles north of Cincinnati Municipal Airport/Lunken Field; and within 2 miles each side of the 062° bearing from the Cincinnati Municipal Airport/Lunken Field extending from the 8.8-mile radius of Cincinnati Municipal Airport/Lunken Field to 11 miles northeast of Cincinnati Municipal Airport/Lunken Field; and within 2 miles each side of the 201° bearing from Cincinnati Municipal Airport/Lunken Field extending from the 8.8-mile radius of Cincinnati Municipal Airport/Lunken Field to 11.7 miles south of Cincinnati Municipal Airport/Lunken Field; removes the Cincinnati NDB and associated extensions from the airspace legal description as they are no longer needed; removes the Cincinnati-Blue Ash Airport and associated airspace as the airport has closed and the airspace is no longer needed; removes the cities associated with the airports to comply with changes to FAA Order JO 7400.2P, Procedures for Handling Airspace Matters; and updates the geographic coordinates of the Cincinnati/Northern Kentucky International Airport, Covington, KY, and the name of the Cincinnati Municipal Airport/Lunken Field (previously Cincinnati Municipal Airport-Lunken Field) to coincide with the FAA’s aeronautical database. Regulatory Notices and Analyses 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. It, therefore: (1) is not a "significant regulatory action" under Executive Order 12866; (2) is not a "significant rule" under DOT 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 only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. Environmental Review The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures,†paragraph 5-6.5.a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment. Lists of Subjects in 14 CFR 71 Airspace, Incorporation by reference, Navigation (air). The Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71 – DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO 7400.11H, Airspace Designations and Reporting Points, dated August 11, 2023, and effective September 15, 2023, is amended as follows: Paragraph 6005. Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. * * * * * ASO KY E5 Covington, KY [Amended] Cincinnati/Northern Kentucky International Airport, KY (Lat 39°02'56"N, long 84°40'04"W) Cincinnati Municipal Airport/Lunken Field, OH (Lat 39°06'12"N, long 84°25'07"W) Clermont County Airport, OH (Lat 39°04'42"N, long 84°12'37"W) That airspace extending upward from 700 feet above the surface within a 10-mile radius of Cincinnati/Northern Kentucky International Airport; and within an 8.8-mile radius of Cincinnati Municipal Airport/Lunken Field; and within 2 miles each side of the 021° bearing from the Cincinnati Municipal Airport/Lunken Field extending from the 8.8-mile radius of the Cincinnati Municipal Airport/Lunken Field to 12.3 miles north of Cincinnati Municipal Airport/Lunken Field; and within 2 miles each side of the 062° bearing of the Cincinnati Municipal Airport/Lunken Field extending from the 8.8-mile radius of Cincinnati Municipal Airport/Lunken Field to 11 miles northeast of Cincinnati Municipal Airport/Lunken Field; and within 2 miles each side of the 201° bearing from the Cincinnati Municipal Airport/Lunken Field extending from the 8.8-mile radius of the Cincinnati Municipal Airport/Lunken Field to 11.7 miles south of Cincinnati Municipal Airport/Lunken Field; and within a 6.8-mile radius of Clermont County Airport. * * * * * Issued in Fort Worth, Texas, on June 13, 2024. Martin A. Skinner, Acting Manager, Operations Support Group, ATO Central Service Center. [FR Doc. 2024-13344 Filed: 6/20/2024 8:45 am; Publication Date: 6/21/2024]