45174 Federal Register / Vol. 76, No. 145 / Thursday, July 28, 2011 / Rules and Regulations 

1The Act is Title X of the Dodd-Frank Wall Street 

Reform and Consumer Protection Act, as amended, 

Public Law 111–203 (July 21, 2010), Title X, 12 

U.S.C. 5481 et seq. Section 1066 of the Act grants 

the Secretary of the Treasury interim authority to 

perform certain functions of the CFPB. Pursuant to 

that authority, Treasury publishes these Rules on 

behalf of the CFPB. 

essential to serve the interests of justice. 

Such appeals shall be made on the 

record and shall be in the form of a brief 

not to exceed fifteen (15) pages in length 

and shall be filed within five (5) days 

after notice of the complained of action. 

The appeal shall not operate to suspend 

the hearing unless otherwise 

determined by the Bureau investigator 

conducting the hearing or ordered by 

the Bureau. 

§ 1080.13 Custodians. 

(a) The Bureau shall designate a 

custodian and one or more deputy 

custodians for material to be delivered 

pursuant to a civil investigative demand 

in an investigation. The custodian shall 

have the powers and duties prescribed 

by section 1052 of the Act, 12 U.S.C. 

5562. Deputy custodians may perform 

all of the duties assigned to custodians. 

(b) Material produced pursuant to a 

civil investigative demand, while in the 

custody of the custodian, shall be for the 

official use of the Bureau in accordance 

with the Act; but such material shall 

upon reasonable notice to the custodian 

be made available for examination by 

the person who produced such material, 

or his or her duly authorized 

representative, during regular office 

hours established for the Bureau. 

§ 1080.14 Confidential treatment of 

demand material and non-public nature of 

investigations. 

(a) Documentary materials and 

tangible things the Bureau receives 

pursuant to a civil investigative demand 

are subject to the requirements and 

procedures relating to the disclosure of 

records and information set forth in part 

1070 of this chapter. 

(b) Bureau investigations generally are 

non-public. Bureau investigators may 

disclose the existence of an 

investigation to potential witnesses or 

third parties to the extent necessary to 

advance the investigation. 

Dated: July 22, 2011. 

Sam Valverde, 

Deputy Executive Secretary, Department of 

the Treasury. 

[FR Doc. 2011–19035 Filed 7–25–11; 4:15 pm] 

BILLING CODE 4810–25–P 

BUREAU OF CONSUMER FINANCIAL 

PROTECTION 

12 CFR Part 1082 

[Docket No. CFPB–2011–0005] 

RIN 3170–AA02 

State Official Notification Rules 

AGENCY: Bureau of Consumer Financial 

Protection. 

ACTION: Interim final rule with request 

for public comment. 

SUMMARY: Section 1042(c) of the 

Consumer Financial Protection Act of 

2010 (‘‘Act’’), requires the Bureau of 

Consumer Financial Protection (‘‘CFPB’’ 

or ‘‘Bureau’’) to prescribe rules 

establishing procedures that govern the 

process, described in section 1042(b) of 

the Act, by which state officials notify 

the CFPB of actions or proceedings 

undertaken pursuant to the authority 

granted in section 1042(a) to enforce the 

Act or regulations prescribed 

thereunder. This interim final rule with 

a request for public comment sets forth 

those rules. 

DATES: This interim final rule is 

effective on July 28, 2011. Written 

comments are invited and must be 

received on or before September 26, 

2011. 

ADDRESSES: You may submit comments, 

identified by Docket No. CFPB–2011– 

0005, by any of the following methods: 

• Electronic: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail or Hand Delivery/Courier in 

Lieu of Mail: Monica Jackson, Office of 

the Executive Secretary, Consumer 

Financial Protection Bureau, 1801 L 

Street, NW., Washington, DC 20036. 

All submissions must include the 

agency name and docket number or 

Regulatory Information Number (RIN) 

for this rulemaking. In general, all 

comments received will be posted 

without change to http:// 

www.regulations.gov. In addition, 

comments will be available for public 

inspection and copying at 1801 L Street, 

NW., Washington, DC 20036, on official 

business days between the hours of 

10 a.m. and 5 p.m. Eastern Time. You 

can make an appointment to inspect the 

documents by telephoning (202) 435– 

7275. 

All comments, including attachments 

and other supporting materials, will 

become part of the public record and 

subject to public disclosure. Sensitive 

personal information, such as account 

numbers or social security numbers, 

should not be included. Comments will 

not be edited to remove any identifying 

or contact information. 

FOR FURTHER INFORMATION CONTACT: 

Monica Jackson, Office of the Executive 

Secretary, Consumer Financial 

Protection Bureau, 1801 L Street, NW., 

Washington, DC 20036, (202) 435–7275. 

SUPPLEMENTARY INFORMATION: The CFPB 

issues these State Official Notification 

Rules (‘‘Rules’’), pursuant to sections 

1042(b) and (c) of the Consumer 

Financial Protection Act of 2010 

(‘‘Act’’),1 12 U.S.C. 5552(b), (c). These 

Rules are promulgated as an interim 

final rule with a request for comment. 

The CFPB invites interested members of 

the public to submit written comments 

addressing the issues raised herein. 

A. Background 

These Rules will govern the process 

by which state officials notify the CFPB 

of actions or proceedings undertaken 

under section 1042(a) of the Act, 12 

U.S.C. 5552(a), to enforce the Act, or 

regulations prescribed thereunder. 

The Rules implement a procedure for 

the timing and content of the notice 

required to be given to the CFPB, set 

forth the responsibilities of CFPB 

employees and others who receive the 

notice, and specify the rights of the 

CFPB to participate in an action brought 

by a state official. In drafting these 

Rules, the CFPB endeavored to create a 

process that would both provide the 

CFPB and the relevant prudential 

regulators with timely notice of pending 

actions and account for the investigation 

and litigation needs of state law 

enforcement agencies. In keeping with 

this approach, the Rules provide for a 

default notice period of at least 10 days, 

with exceptions for emergencies and 

other extenuating circumstances, and 

require substantive notice that is both 

straightforward and comprehensive. The 

Rules further make clear that the CFPB 

can participate as appropriate in an 

action brought by state officials under 

the Act or a regulation prescribed 

thereunder, provide for confidential 

treatment of information disclosed to 

the CFPB and prudential regulators 

under these Rules, and establish that 

provision of notice shall not constitute 

a waiver of any applicable privilege. In 

addition, the Rules specify that the 

notice provisions do not create any 

procedural or substantive rights for 

parties in litigation against the United 

States or against a state which brings an 

action under the Act or a regulation 

prescribed thereunder. 

B. Section Summary 

The Rules are set forth in a single 

section, with several paragraphs, each of 

which is addressed below. 

Section 1082.1(a) Notice Requirement 

This paragraph sets out the timing 

and process for the provision of notice 


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Federal Register / Vol. 76, No. 145 / Thursday, July 28, 2011 / Rules and Regulations 45175 

2Section 1022(b)(2)(A) addresses the 

consideration of the potential benefits and costs of 

regulation to consumers and industry, including the 

potential reduction of access by consumers to 

consumer financial products or services; the impact 

of proposed rules on depository institutions and 

credit unions with $10 billion or less in total assets 

as described in Section 1026 of the Dodd-Frank Act; 

and the impact on consumers in rural areas. 

3The President’s July 11, 2011, Executive Order 

13579 entitled ‘‘Regulation and Independent 

Regulatory Agencies,’’ asks the independent 

agencies to follow the cost-saving, burden-reducing 

principles in Executive Order 13563; harmonization 

and simplification of rules; flexible approaches that 

reduce costs; and scientific integrity. In the spirit 

of Executive Order 13563, the CFPB has consulted 

with the Office of Management and Budget 

regarding this interim final rule. 

by state officials under non-emergency 

circumstances. The paragraph requires 

state officials to provide notice no later 

than 10 days prior to initiating an action 

to enforce the Act or any regulation 

prescribed thereunder. The paragraph 

also identifies to whom and how the 

notice should be sent and sets out an 

exception to the timing of notice. 

Section 1082.1(b) Emergency Actions 

Section 1082.1(b) sets out the process 

for the provision of notice in emergency 

circumstances. The paragraph lays out 

the reasons for not providing notice in 

accordance with § 1082.1(a), and 

establishes a deadline to provide notice 

of no more than 48 hours after the 

initiation of an action. The paragraph 

also identifies to whom and how the 

notice should be sent, and also sets out 

an exception to the timing of notice. 

Section 1082.1(c) Contents of Notice 

In this paragraph, the CFPB specifies 

the information that must be included 

in the notice provided by state officials. 

This paragraph also details certain 

additional information that must be 

provided when notice is not given until 

after an action has been initiated. 

Section 1082.1(d) Bureau Response 

Section 1082.1(d) describes how the 

CFPB may intervene or otherwise 

participate in an action initiated by a 

state official. 

Section 1082.1(e) Confidentiality and 

Privilege 

Section 1082.1(e) provides that the 

CFPB and any prudential regulator who 

receives notice shall not disclose any 

non-public information about the 

notice, and also establishes certain 

exceptions to this requirement. In 

addition, the paragraph states that the 

provision of notice shall not constitute 

a waiver of any applicable privilege. 

Section 1082.1(f) No Private Right of 

Action or Defense 

This paragraph clarifies that the Rules 

do not create any right, benefit, or 

defense which is enforceable against the 

United States or state officials enforcing 

the Act or any regulation prescribed 

thereunder. 

C. Procedural Requirements 

1. Regulatory Requirements 

The Rules relate solely to ‘‘agency 

organization, procedure, or practice’’ 

and, thus, are not subject to the notice 

and comment requirements of the 

Administrative Procedure Act (‘‘APA’’). 

See 5 U.S.C. 551 et seq. Even if these 

requirements did apply, the CFPB for 

good cause finds that in these 

circumstances providing advance notice 

and opportunity for comment would be 

impracticable and contrary to the public 

interest. See 5 U.S.C. 553(b). The Bureau 

also finds that there is good cause to 

issue this rule effective immediately. 

See 5 U.S.C. 553(d). Pursuant to the Act, 

state officials are permitted to begin 

bringing actions under the Act on July 

21, 2011. In order to ensure that the 

CFPB, which is the primary agency 

responsible for administration of the Act 

and promulgating regulations under the 

Act, is aware of all legal developments 

related to the Act and situated to take 

appropriate action, it is necessary that 

the CFPB be informed of pending 

actions. The failure to promptly enact 

the Rules will leave the CFPB without 

the necessary information to evaluate 

actions taken pursuant to the Act and 

determine an appropriate response, 

which may impair the efficiency and 

consistency with which the Act is 

enforced. Thus, the CFPB has 

determined that this interim rule should 

be issued, effective immediately, 

without advance notice and opportunity 

for comment. Nevertheless, the CFPB 

invites public comment on the Rules. 

Because no notice of proposed 

rulemaking is required, the 

requirements of the Regulatory 

Flexibility Act, 5 U.S.C. 601(2), do not 

apply. 

The collection of information 

contained in this rule has been 

approved by the Office of Management 

and Budget (‘‘OMB’’) for review in 

accordance with the Paperwork 

Reduction Act of 1995, 44 U.S.C. 

3507(d), under control number 1505– 

0237. The estimated time per response 

is 30 minutes. An agency may not 

conduct or sponsor and a person is not 

required to respond to a collection of 

information unless it displays a valid 

OMB control number. 

2. Section 1022(b)(2) Provisions 

The CFPB has conducted an analysis 

of benefits, costs, and impacts 2 and 

consulted with the prudential 

regulators, the Department of Housing 

and Urban Development, the Securities 

and Exchange Commission, the 

Department of Justice, and the Federal 

Trade Commission, including with 

respect to whether the Rules are 

consistent with any relevant prudential, 

market, and systemic objectives 

administered by such agencies.3

The CFPB concludes that the Rules 

will benefit consumers and covered 

persons alike. The Rules do not impose 

any obligations on consumers or 

covered persons, nor do they have any 

direct relevance to consumers’ access to 

consumer financial products and 

services. Rather, they provide for notice 

to the CFPB and prudential regulators 

when a state initiates an action under 

the Act, or a regulation prescribed 

thereunder. The notice provided to the 

CFPB may result in a CFPB decision to 

join an enforcement action, which may 

result in marginal additional costs to the 

relevant covered person. On the other 

hand, the Rules will help ensure more 

efficient and consistent implementation 

of the Act, which benefits both 

consumers and covered persons. 

Further, the Rules have no unique 

impact on insured depository 

institutions or insured credit unions 

with less than $10 billion in assets 

described in section 1026(a) of the Act, 

and do not have a unique impact on 

rural consumers. 

List of Subjects in 12 CFR Part 1082 

Banks, Banking, Consumer protection, 

Credit, Credit unions, Federal Reserve 

System, Investigations, Law 

enforcement, National banks, Savings 

associations, State and local 

governments, Trade practices. 

For the reasons set forth above, the 

Bureau of Consumer Financial 

Protection adds part 1082 to Chapter X 

in Title 12 of the Code of Federal 

Regulations to read as set forth below. 

TITLE 12—BANKS AND BANKING 

CHAPTER X—BUREAU OF CONSUMER 

FINANCIAL PROTECTION 

PART 1082—STATE OFFICIAL 

NOTIFICATION RULES 

Authority: Pub. L. 111–203, Title X. 

§ 1082.1 Procedures for notifying the 

Bureau of Consumer Financial Protection 

when a state official takes an action to 

enforce the Consumer Financial Protection 

Act of 2010. 

(a) Notice requirement. 

(1) Pursuant to 12 U.S.C. 5552(b) and 

except as discussed in paragraph (b) of 


rmajette on DSK89S0YB1PROD with RULES
45176 Federal Register / Vol. 76, No. 145 / Thursday, July 28, 2011 / Rules and Regulations 

this section, every State attorney general 

and State regulator (collectively ‘‘State 

Official’’) shall provide the notice 

described in paragraph (c) of this 

section to the Division of Enforcement 

of the Bureau of Consumer Financial 

Protection (‘‘Bureau’’), the division of 

the Bureau responsible for enforcement 

of Federal consumer financial law 

pursuant to the Consumer Financial 

Protection Act of 2010, as amended, 

Public Law 111–203 (July 21, 2010), 

Title X, 12 U.S.C. 5481 et seq. (‘‘Act’’), 

and the Office of the Executive 

Secretary of the Bureau at least 10 days 

prior to initiating any action or 

proceeding in any court or other 

administrative or regulatory proceeding 

against any covered person to enforce 

any provision of the Act or any 

regulation prescribed thereunder, 

including but not limited to the filing of 

a complaint, motion for relief, or other 

document which initiates an action or 

proceeding. 

(2) Notice shall be provided to the 

Division of Enforcement and the Office 

of the Executive Secretary, or their 

successor offices, via electronic mail to 

Enforcement@cfpb.gov and 

ExecSec@cfpb.gov. In the event of 

technical problems preventing the 

delivery of notice, the Division of 

Enforcement or its successor entity 

should be contacted. 

(3) On the same date that notice is 

provided to the Division of Enforcement 

and the Office of the Executive 

Secretary pursuant to paragraph (a)(1) of 

this section, a copy of the notice shall 

be sent to the relevant prudential 

regulator, if any, or the designee thereof, 

by mail or electronic mail. 

(4) Notice shall be deemed to have 

been provided as of the date of mailing 

the materials described in paragraph (c) 

of this section. 

(5) The Division of Enforcement, or its 

successor entity, in consultation with a 

State Official, may provide, for good 

cause shown, an alternative deadline for 

the notice described in paragraph (a)(1) 

of this section. 

(b) Emergency actions. 

(1) Pursuant to 12 U.S.C. 5552(b), in 

the event that a State Official initiates or 

intends to initiate an action or 

proceeding and, in order to protect the 

public interest or prevent irreparable 

and imminent harm, is unable to 

provide timely notice as described in 

paragraph (a) of this section, the State 

Official shall provide the notice 

described in paragraph (c) of this 

section as soon as is practicable and not 

later than 48 hours after initiation of the 

action or proceeding. 

(2) Notice shall be provided in 

accordance with the procedures set 

forth in paragraphs (a)(2) through (a)(4) 

of this section. 

(3) The Division of Enforcement, or its 

successor entity, in consultation with a 

State Official, may provide, for good 

cause shown, an alternative deadline for 

the notice described in paragraph (b)(1) 

of this section. 

(c) Contents of notice. 

(1) Pursuant to 12 U.S.C. 5552(b), the 

notice required under paragraphs (a) 

and (b) of this section shall include a 

written description of the anticipated 

action or proceeding, including: 

(i) The court or body in which the 

action or proceeding is to be initiated; 

(ii) The identity of the parties to the 

action or proceeding; 

(iii) The nature of the action or 

proceeding to be initiated; 

(iv) The anticipated date of initiating 

the action or proceeding; 

(v) The alleged facts underlying the 

action or proceeding; 

(vi) A contact name, electronic mail 

address, and phone number of an 

individual involved with the matter in 

the office of the State Official with 

whom the Bureau may consult; and 

(vii) A determination as to whether 

there may be a need to coordinate the 

prosecution of the action or proceeding 

so as not to interfere with any action, 

including any rulemaking, undertaken 

by the Bureau, a prudential regulator, or 

another Federal agency. 

(2) The notice required under 

paragraphs (a) and (b) of this section 

shall further include a complete and 

unredacted copy of any complaint, 

motion for relief, or similar document 

that is the subject of the notice, in its 

form as of the date the notice is 

provided. To the extent the complaint, 

motion for relief, or similar document 

contains the information described in 

paragraph (c)(1) of this section, 

provision of the complaint, motion for 

relief, or similar document shall be 

deemed sufficient notice of that 

information. 

(3) In the event that notice is provided 

after the initiation of an action or 

proceeding, the written description 

shall also include the following, in 

addition to the information described in 

paragraph (c)(1) of this section: 

(i) A brief description of any 

proceeding that occurred as a result of 

the initiation of the action or 

proceeding, including any orders issued 

by a court or other body; 

(ii) Any case number, matter number, 

or designation assigned to the action or 

proceeding; and 

(iii) Information on scheduled court 

or other administrative or regulatory 

proceedings. 

(4) In the event that notice is provided 

after the initiation of an action or 

proceeding, in addition to the 

requirements set forth in paragraph 

(c)(3) of this section, the notice shall 

further include a complete, unredacted 

copy of any document filed by any party 

in relation to the action or proceeding 

and any orders issued by the court or 

other body. 

(5) If the State Official, after providing 

the notice described in paragraphs (c)(1) 

and (c)(2) of this section, intends to file 

a complaint, motion for relief, or similar 

document that is materially different 

from the document included with the 

notice, the State Official shall provide a 

copy of that document prior to filing, in 

accordance with the method described 

in paragraph (a)(2) of this section. 

(d) Bureau response. In any action or 

proceeding described in paragraphs (a) 

and (b) of this section, the Bureau may: 

(1) Intervene in the action or 

proceeding as a party; 

(2) Upon intervening, 

(i) Remove the action to the 

appropriate United States district court, 

if the action or proceeding was not 

originally brought there; and 

(ii) Be heard on all matters arising in 

the action; 

(3) Appeal any order or judgment, to 

the same extent as any other party in the 

proceeding may; and 

(4) Otherwise participate in the action 

as appropriate. 

(e) Confidentiality and privilege. 

(1) Unless and until such information 

becomes publically available, the 

substance and fact of the notice 

described in paragraph (c) of this 

section, including the complaint, 

motion for relief, or other document, 

shall not be disclosed by the Bureau or 

any relevant prudential regulator who 

received the notice except as permitted 

by paragraphs (e)(3) and (e)(4) of this 

section or as required by law. 

(2) Provision of notice by a State 

Official and disclosure of notice 

pursuant to paragraphs (e)(3) and (e)(4) 

of this section shall not be deemed a 

waiver of any applicable privilege. 

(3) Notwithstanding paragraph (e)(1) 

of this section, the Bureau and any 

relevant prudential regulator who 

received the notice described in 

paragraph (c) of this section may share 

the substance or fact of the notice with 

another entity pursuant to the consent 

of the State Official who provided the 

notice. 

(4) Notwithstanding paragraphs (e)(1) 

and (e)(3) of this section, the Bureau 

may share the substance and fact of the 

notice described in paragraph (c) of this 

section with another state or federal 

government entity when necessary to 

protect the public interest, after 


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Federal Register / Vol. 76, No. 145 / Thursday, July 28, 2011 / Rules and Regulations 45177 

consultation with the State Official who 

provided the notice. 

(f) No private right of action or 

defense. The requirements set forth in 

this section are not intended to, do not, 

and may not be relied upon to create 

any right, benefit, or defense, 

substantive or procedural, enforceable at 

law by a party against the United States 

or any State enforcing the provisions of 

the Act or any regulation prescribed 

thereunder. 

Dated: July 22, 2011. 

Sam Valverde, 

Deputy Executive Secretary, Department of 

the Treasury. 

[FR Doc. 2011–19034 Filed 7–25–11; 4:15 pm] 

BILLING CODE 4810–25–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0184; Airspace 

Docket No. 11–ANM–4] 

Establishment of Class E Airspace; 

Nephi, UT 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E airspace at Nephi UT, to accommodate 

aircraft using new Area Navigation 

(RNAV) Global Positioning System 

(GPS) standard instrument approach 

procedures at Nephi Municipal Airport. 

This improves the safety and 

management of Instrument Flight Rules 

(IFR) operations at the airport. 

DATES: Effective date, 0901 UTC, 

October 20, 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 May 17, 2011, the FAA published 

in the Federal Register a notice of 

proposed rulemaking to establish Class 

E airspace at Nephi, UT (76 FR 28382). 

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 that 

Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

establishing Class E airspace extending 

upward from 700 feet above the surface, 

at Nephi Municipal Airport, Nephi, UT, 

to accommodate IFR aircraft executing 

new RNAV (GPS) 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 

controlled airspace at Nephi Municipal 

Airport, Nephi, UT. 

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 7400.9U, 

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 UT E5 Nephi, UT [New] 

Nephi Municipal Airport, Nephi, UT 

(Lat. 39°44′12′′ N., long. 111°52′12′′ W.) 

That airspace extending from 700 feet 

above the surface within a 9.7-mile radius of 

the Nephi Municipal Airport; that airspace 

extending upward from 1,200 feet above the 

surface within an area bounded by a line 

beginning at lat. 40°03′ 00′′ N., long. 112°19′ 

00′′ W.; to lat. 39°56′ 00′′ N., long. 111°23′ 00′′ 

W.; to lat. 39°23′ 00′′ N., long. 111°27′ 00′′ W.; 

to lat. 39°29′ 00′′ N., long. 112°21′ 00′′ W.; to 

lat. 39°49′ 00′′ N., long. 112°23′ 00′′ W.; 

thence to the point of beginning. 

Issued in Seattle, Washington, on July 19, 

2011. 

John Warner, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2011–18953 Filed 7–27–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0393; Airspace 

Docket No. 11–AWP–2] 

Establishment of Class E Airspace; 

Kayenta, AZ 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E airspace at Kayenta, AZ. Controlled 

airspace is necessary to accommodate 


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