This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

54689 

Vol. 76, No. 171 

Friday, September 2, 2011 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0754; Airspace 

Docket No. 11–AWP–12] 

Amendment of Class E Airspace; 

Hawaiian Islands, HI 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule, technical 

amendment. 

SUMMARY: This action amends Class E 

airspace for the Hawaiian Islands, HI. 

The FAA is taking this action in 

response to a request from the Honolulu 

Control Facility (HCF) to better clarify 

the legal description of controlled 

airspace designated as Class E airspace 

extending upward from 1,200 feet above 

the surface for the Hawaiian Islands, HI. 

This action enhances the safety and 

management of aircraft operations. 

DATES: Effective date, 0901 UTC, 

December 15, 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 

The FAA received a request from the 

Honolulu Control Facility to clarify the 

legal description of the existing Class E 

airspace extending upward from 1,200 

feet above the surface. The current legal 

description is vague and confusing; this 

action is in response to that request. 

Class E airspace designations are 

published in paragraph 6005 of FAA 

Order 7400.9V dated August 9, 2011, 

and effective September 15, 2011, 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 

amending the legal description of the 

Class E airspace area extending upward 

from 1,200 feet above the surface for the 

Hawaiian Islands, HI. The legal 

description has been clarified to avoid 

confusion on the part of pilots flying in 

the Hawaiian Islands, HI. This is an 

administrative change and does not 

affect the boundaries, altitudes, or 

operating requirements of the airspace, 

therefore, notice and public procedures 

under 5 U.S.C. 553(b) are unnecessary. 

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 amends 

controlled airspace for the Hawaiian 

Islands, 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: 

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 Part 71.1 of the Federal Aviation 

Administration Order 7400.9V, Airspace 

Designations and Reporting Points, 

dated August 9, 2011, and effective 

September 15, 2011, is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

AWP HI E5 Hawaiian Islands, HI 

[Amended] 

Hilo VORTAC 

(Lat. 19°43′17′′ N., long. 155°00′39′′ W.) 

South Kauai VORTAC 

(Lat. 21°54′01′′ N., long. 159°31′44′′ W.) 

That airspace extending upward from 

5,500 feet above the surface within an area 

bounded by a line beginning at lat. 23°56′48′′ 

N., long. 160°45′50′′ W.; to lat. 24°18′48′′ N., 

long. 157°16′50′′ W.; to lat. 24°02′48′′ N., 

long. 156°18′50′′ W.; to lat. 23°31′48′′ N., 

long. 155°28′50′′ W.; to lat. 22°59′48′′ N., 

long. 154°38′50′′ W.; to lat. 22°21′48′′ N., 

long. 153°52′50′′ W.; to lat. 21°42′48′′ N., 

long. 153°08′50′′ W.; to lat. 20°48′48′′ N., 

long. 152°59′50′′ W.; to lat. 20°15′49′′ N., 

long. 152°13′50′′ W.; to lat. 19°13′49′′ N., 

long. 151°53′50′′ W.; to lat. 18°18′49′′ N., 

long. 157°48′50′′ W.; to lat. 18°25′49′′ N., 

long. 158°53′50′′ W.; to lat. 18°52′49′′ N., 

long. 159°52′50′′ W.; to lat. 19°31′49′′ N., 

long. 160°35′50′′ W.; to lat. 20°05′49′′ N., 

long. 161°51′50′′ W.; to lat. 21°00′49′′ N., 

long. 162°13′50′′ W.; to lat. 21°55′49′′ N., 

long. 162°28′50′′ W.; to lat. 22°49′49′′ N., 

long. 162°13′50′′ W.; to lat. 23°31′49′′ N., 

long. 161°34′50′′ W.; to the point of 

beginning. That airspace extending upward 


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54690 Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Rules and Regulations 

from 1,200 feet above the surface within an 

area described by a line beginning at lat. 

23°29′24′′ N., long. 158°54′07′′ W.; thence east 

to lat. 22°30′18′′ N., long. 155°48′43′′ W.; to 

lat. 20°59′57′′ N., long. 153°51′58′′ W.; thence 

clockwise along the 100-mile radius of the 

Hilo VORTAC to lat. 19°00′00′′ N., long. 

153°25′14′′ W.; thence west to lat. 19°00′00′′ 

N., long. 157°42′33′′ W.; to lat. 20°26′57′′ N., 

long. 160°24′57′′ W.; thence clockwise along 

the 100-mile radius of the South Kauai 

VORTAC to the point of beginning. 

Issued in Seattle, Washington, on August 

17, 2011. 

Christine Mellon, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. 2011–22243 Filed 9–1–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0394; Airspace 

Docket No. 11–ASO–17] 

Amendment of Class E Airspace; 

Clemson, SC 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

Airspace at Clemson, SC, as a runway 

extension requires amended Standard 

Instrument Approach Procedures at 

Oconee County Regional Airport. This 

action enhances the safety and airspace 

management of Instrument Flight Rules 

(IFR) operations within the National 

Airspace System. This action also 

changes the airport name. 

DATES: Effective 0901 UTC, October 20, 

2011. The Director of the Federal 

Register approves this incorporation by 

reference action under title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: John 

Fornito, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–6364. 

SUPPLEMENTARY INFORMATION: 

History 

On July 1, 2011, the FAA published 

in the Federal Register a notice of 

proposed rulemaking to amend Class E 

airspace at Clemson, SC (76 FR 38582) 

Docket No. FAA–2011–0394. 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 6005 of FAA Order 7400.9U 

dated August 18, 2010, and effective 

September 15, 2010, which is 

incorporated by reference in 14 CFR 

Part 71.1. The Class E airspace 

designations listed in this document 

will be published subsequently in the 

Order. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

amends Class E airspace extending 

upward from 700 feet above the surface 

at Clemson, SC, to support new 

Standard Instrument Approach 

Procedures at Oconee County Regional 

Airport. This action is necessary for the 

safety and management of IFR 

operations at the airport. This action 

also recognizes the airport name change 

from Clemson-Oconee County Airport to 

Oconee County Regional Airport, 

Clemson, SC. 

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, is non-controversial and 

unlikely to result in adverse or negative 

comments. 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 will only affect air 

traffic procedures and air navigation, it 

is certified that 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 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 controlled airspace at Oconee 

County Regional Airport, Clemson, SC. 

Lists 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, 

B, C, D AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE 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. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, 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. 

* * * * * 

ASO SC E5 Clemson, SC [Amended] 

Oconee County Regional Airport, SC 

(Lat. 34°40′19′′ N., long. 82°53′12′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7.5-mile 

radius of Oconee County Regional Airport. 

Issued in College Park, Georgia, on August 

19, 2011. 

Mark D. Ward, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2011–22314 Filed 9–1–11; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 2 

Statutory Delays of Notifications and 

Prohibitions of Disclosure 

AGENCY: Federal Trade Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Trade 

Commission (‘‘FTC’’ or ‘‘Commission’’) 

is establishing an internal procedure for 

delegating its authority to seek court 

orders to delay notification and prohibit 

disclosure of Commission compulsory 

process under the Right to Financial 

Privacy Act (RFPA), the Electronic 


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