Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Rules and Regulations 18041 

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(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 the Federal Aviation 

Administration Order 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, and 

effective September 15, 2010 is 

amended as follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ANM MT E5 West Yellowstone, MT 

[Amended] 

West Yellowstone, Yellowstone Airport, MT 

(Lat. 44°41′18′′ N., long. 111°07′04′′ W.) 

That airspace extending upward from 700 

feet above the surface within 4.3 miles west 

and 8.3 miles east of the 026° and 206° 

bearings of the Yellowstone Airport 

extending from 8.3 miles northeast to 23.3 

miles southwest of the Yellowstone Airport; 

that airspace extending upward from 1,200 

feet above the surface within 6.6 miles west 

and 11 miles east of the 209° bearing from 

lat. 44°34′32′′ N., long. 111°11′51′′ W. 

extending to 36.2 miles southwest, and 

within 5 miles north and 4.3 miles south of 

the 304° bearing from lat. 44°34′32′′ N., long. 

111°11′51′′ W. extending to the east edge of 

V–343; that airspace extending upward from 

10,700 feet MSL within a 25.3-mile radius of 

lat. 44°34′32′′ N., long. 111°11′51′′ W. 

extending clockwise from the 081° bearing 

from lat. 44°34′32′′ N., long. 111°11′51′′ W. to 

4.3 miles east of the 236° bearing from lat. 

44°34′32′′ N., long. 111°11′51′′ W.; and within 

4.3 miles each side of the 236° bearing from 

lat. 44°34′32′′ N., long. 111°11′51′′ W. 

extending to 43.5 miles southwest; that 

airspace extending upward from 10,700 feet 

MSL within 9 miles south and 5 miles north 

of the 304° bearing from lat. 44°34′32′′ N., 

long. 111°11′51′′ W. extending to the east 

edge of V–343; that airspace extending 

upward from 12,000 feet MSL within a 30.5- 

mile radius of lat. 44°34′32′′ N., long. 

111°11′51′′ W. extending clockwise from the 

026° bearing from lat. 44°34′32′′ N., long. 

111°11′51′′ W. to the 081° bearing from lat. 

44°34′32′′ N., long. 111°11′51′′ W.; that 

airspace extending upward from 12,500 feet 

MSL within 4.3 miles each side of the 293°, 

329° and 043° bearing from lat. 45°00′19′′ N., 

long. 110°53′49′′ W. extending to 25.16 miles 

west to 30.57 miles northwest to 54.24 miles 

north, and within 4.3 miles each side of the 

312° bearing from lat. 44°31′10′′ N., long. 

111°14′03′′ W. extending to 25.20 miles 

northwest, excluding those portions that 

overlie the east edge of V–343, and south 

edge of V–2 and V–86; that airspace 

extending upward from 13,000 feet MSL 

within a 30.5-mile radius of lat. 44°34′32′′ N., 

long. 111°11′51′′ W.; extending clockwise 

from the 313° bearing to the 026° bearing 

from lat. 44°34′32′′ N., long. 111°11′51′′ W. 

Issued in Seattle, Washington, on March 

21, 2011. 

Christine Mellon, 

Acting Manager, Operations Support Group, 

Western Service Center 

[FR Doc. 2011–7600 Filed 3–31–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–1233; Airspace 

Docket No. 10–AWP–21] 

Establishment of Class E Airspace; 

Kahului, HI 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action will establish 

Class E airspace at Kahului Airport, 

Kahului, HI, to accommodate aircraft 

using Area Navigation (RNAV) standard 

instrument approach procedures at 

Kahului Airport. This will improve the 

safety and management of Instrument 

Flight Rules (IFR) operations at the 

airport. 

DATES: Effective date, 0901 UTC, June 

30, 2011. 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 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue, SW., Renton, WA 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

History 

On January 20, 2011, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to 

establish controlled airspace at Kahului, 

HI (76 FR 3571). Interested parties were 

invited to participate in this rulemaking 

effort by submitting written comments 

on the proposal to the FAA. No 

comments were received. 

Class E airspace designations are 

published in paragraph 6002 of FAA 

Order 7400.9U dated August 18, 2010, 

and effective September 15, 2010, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in that Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

establishing Class E surface airspace, at 

Kahului Airport, to accommodate IFR 

aircraft executing the RNAV standard 

instrument approach procedures at the 

airport. This action is necessary for the 

safety and management of IFR 

operations. 

The FAA has determined this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified this rule, when promulgated, 

will not have a significant economic 

impact on a substantial number of small 

entities under the criteria of the 

Regulatory Flexibility Act. The FAA’s 

authority to issue rules regarding 

aviation safety is found in Title 49 of the 

U.S. Code. Subtitle 1, Section 106 

discusses 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 establishes 

additional controlled airspace at 

Kahului Airport, Kahului, HI. 

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: 


jlentini on DSKJ8SOYB1PROD with RULES
18042 Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Rules and Regulations 

1 In 2000, NHTSA clarified that States are 

permitted to ‘‘cluster sample,’’ i.e., group 

observation sites according to geographic areas to 

minimize travel time and distance required to 

conduct the observations. 

2 49 CFR 1.50 (delegation of authority to 

Administrator of National Highway Traffic Safety 

Administration). 

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(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 the Federal Aviation 

Administration Order 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, and 

effective September 15, 2010 is 

amended as follows: 

Paragraph 6002 Class E airspace designated 

as surface areas. 

* * * * * 

AWP HI E2 Kahului, HI [New] 

Kahului Airport, HI 

(Lat. 20°53′55′′ N., long. 156°25′50′′ W.) 

That airspace extending upward from the 

surface within a 5-mile radius of the Kahului 

Airport. This Class E airspace area is effective 

during the specific dates and times 

established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory, Pacific Chart 

Supplement. 

Issued in Seattle, Washington, on March 

21, 2011. 

Christine Mellon, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. 2011–7601 Filed 3–31–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

23 CFR Part 1340 

[Docket No. NHTSA–2010–0002] 

RIN 2127–AK41 

Uniform Criteria for State 

Observational Surveys of Seat Belt 

Use 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This Final Rule amends the 

regulation establishing uniform criteria 

for designing and conducting State seat 

belt use observational surveys and the 

procedures for obtaining NHTSA 

approval of survey designs, and 

provides a new form for reporting seat 

belt use rates to NHTSA. Since the 

adoption of the Uniform Criteria in 

1998, NHTSA and the States have 

accumulated substantial experience in 

the design and implementation of seat 

belt use surveys. This experience has 

provided insight into factors that could 

affect survey accuracy and reliability. In 

addition, technological improvements 

in road inventories have made it 

possible to select observation sites that 

are more representative of the road 

segments in the State in a more cost 

effective manner. For these reasons, 

NHTSA is revising the Uniform Criteria 

so that future surveys will give States 

more accurate data to guide their 

occupant protection programs. 

DATES: This Final Rule becomes 

effective on May 2, 2011. 

FOR FURTHER INFORMATION CONTACT: For 

program issues: Mr. Jack Oates, Chief, 

Program Implementation, Regional 

Operations and Program Delivery, 

National Highway Traffic Safety 

Administration, 1200 New Jersey 

Avenue, SE., NTI–200, Washington, DC 

20590. Telephone number: 202–366– 

2730; E-mail: Jack.Oates@dot.gov. 

For statistical issues: Dr. Chou-Lin 

Chen, Chief, Mathematical Analysis 

Division, National Center for Statistics 

and Analysis, National Highway Traffic 

Safety Administration, 1200 New Jersey 

Avenue, SE., NVS–421, Washington, DC 

20590. Telephone number: 202–366– 

1048; E-mail: Chou-Lin.Chen@dot.gov. 

For legal issues: Ms. Jin Kim, 

Attorney-Advisor, Office of the Chief 

Counsel, National Highway Traffic 

Safety Administration, 1200 New Jersey 

Avenue, SE., NCC–113, Washington, DC 

20590. Telephone number: 202–366– 

1834; E-mail: Jin.Kim@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Notice of Proposed Rulemaking 

III. Comments 

A. In General 

B. General Cost 

C. Definitions 

D. Selection of Observation Sites 

E. Assignment of Observation Times 

F. Observation Procedures 

G. Quality Control 

H. Computation of Estimates 

I. Submission and Approval of Seat Belt 

Survey Design 

J. Re-Selection of Observation Sites 

K. Annual Reporting Requirements 

IV. Statutory Basis for This Action 

V. Regulatory Analyses and Notices 

A. Executive Order 12866 and Regulatory 

Policies and Procedures 

B. Regulatory Flexibility Act 

C. Executive Order 13132 (Federalism) 

D. Executive Order 12988 (Civil Justice 

Reform) 

E. Paperwork Reduction Act 

F. Unfunded Mandates Reform Act 

G. National Environmental Policy Act 

H. Executive Order 13175 (Consultation 

and Coordination With Indian Tribes) 

I. Regulatory Identifier Number (RIN) 

J. Privacy Act 

K. Congressional Review of Agency 

Rulemaking 

I. Background 

Section 1403 of the Transportation 

Equity Act for the 21st Century (TEA– 

21) (Pub. L. 105–178) authorized a seat 

belt incentive grant program that 

awarded grant funds to States based on 

a State’s seat belt use rate. On 

September 1, 1998, the National 

Highway Traffic Safety Administration 

(NHTSA) published as an interim final 

rule the criteria to ensure accurate and 

representative measurements of a State’s 

seat belt use rate, known as the Uniform 

Criteria for State Observational Surveys 

of Seat Belt Use (the Uniform Criteria). 

See 63 FR 46389. On March 14, 2000, 

NHTSA published a Final Rule, 

adopting the Uniform Criteria with one 

clarifying change.1 See 65 FR 13679. 

The Safe, Accountable, Flexible, 

Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA–LU) (Pub. 

L. 109–59), enacted on August 10, 2005, 

did not reauthorize the seat belt 

incentive grant program. However, 

SAFETEA–LU established new 

administrative requirements relating to 

a State’s qualification for a highway 

safety grant under 23 U.S.C. 402. One 

such requirement is that the State must 

provide satisfactory assurances that it 

will conduct an annual Statewide seat 

belt use survey in accordance with the 

criteria for State seat belt use rate 

measurement established by the 

Secretary of Transportation.2 In August 

2005, NHTSA notified the States and 

Territories that the Statewide surveys 

conducted in accordance with the 

Uniform Criteria for State Observational 

Surveys of Seat Belt Use, as published 

at 23 CFR part 1340, would satisfy the 

administrative requirements of Section 

402. In addition, the implementing 

guidelines for the safety belt 

performance grant program under 

23 U.S.C. 406 provide that seat belt use 

surveys conducted in accordance with 

the Uniform Criteria serve as the basis 

for an award under the seat belt 


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