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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