Federal Register / Vol. 76, No. 119 / Tuesday, June 21, 2011 / Rules and Regulations 35967 

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 April 15, 2011, the FAA published 

in the Federal Register a notice of 

proposed rulemaking to amend Class E 

airspace at Merritt Island Airport, 

Cocoa, FL (75 FR 21266) Docket No. 

FAA–2011–0070. 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 

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 

to accommodate new standard 

instrument approach procedures 

developed at Merritt Island Airport, 

Cocoa, FL. Airspace reconfiguration is 

necessary due to the decommissioning 

of the Merritt Island NDB and 

cancellation of the NDB approach, and 

for continued safety and management of 

IFR operations at the airport. 

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 Class E airspace at Merritt 

Island Airport, Cocoa, FL. 

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 FL E5 Cocoa, FL [Amended] 

Merritt Island Airport, FL 

(Lat. 28°20′30′′ N., long. 80°41′08′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.3-mile 

radius of the Merritt Island Airport and 

within 2.5 miles each side of the 303° bearing 

from the Merritt Island Airport, extending 

from the 6.3-mile radius to 7 miles northwest 

of the airport; excluding that airspace within 

the Titusville, FL, and Melbourne, FL, Class 

E airspace areas. 

Issued in College Park, Georgia, on June 2, 

2011. 

Mark D. Ward, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2011–15116 Filed 6–20–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0249; Airspace 

Docket No. 11–ANM–6] 

Amendment of Class E Airspace; 

Bozeman, MT 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action modifies Class E 

airspace at Bozeman, Gallatin Field 

Airport, Bozeman, MT, to accommodate 

aircraft using Instrument Landing 

System (ILS) Localizer (LOC) standard 

instrument approach procedures at the 

airport. This improves the safety and 

management of Instrument Flight Rules 

(IFR) operations at the airport. This 

action also adjusts the airport’s 

geographic coordinates for the Class D 

and E airspace areas, and updates the 

airport name. 

DATES: Effective date, 0901 UTC, August 

25, 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 April 7, 2011, the FAA published 

in the Federal Register a notice of 

proposed rulemaking to amend 

controlled airspace at Bozeman, MT 

(76 FR 19281). 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 D and E airspace designations 

are published in paragraph 5000, 6002, 

6004 and 6005, respectively, 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 D and Class E airspace 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
35968 Federal Register / Vol. 76, No. 119 / Tuesday, June 21, 2011 / Rules and Regulations 

designations listed in this document 

will be published subsequently in that 

Order. With the exception of editorial 

changes, this rule is the same as that 

proposed in the NPRM. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

modifying Class E surface airspace 

designated as an extension to Class D 

surface area at Bozeman, Gallatin Field 

Airport, Bozeman, MT. Controlled 

airspace is necessary to accommodate 

aircraft using the ILS LOC standard 

instrument approach procedures at the 

airport. This action is necessary for the 

safety and management of IFR 

operations. The geographic coordinates 

of the airport for Class D airspace, Class 

E surface area airspace, and Class E 

airspace extending upward from 700 

feet above the surface, are being 

adjusted in accordance with the FAA’s 

aeronautical database. This action also 

updates the airport name to Bozeman, 

Gallatin Field Airport, MT, from 

Bozeman, Gallatin Field, MT. 

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 modifies 

controlled airspace at Bozeman, Gallatin 

Field Airport, Bozeman, MT. 

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 5000 Class D airspace. 

* * * * * 

ANM MT D Bozeman, MT [Amended] 

Bozeman, Gallatin Field Airport, MT 

(Lat. 45°46′39′′ N., long. 111°09′07′′ W.) 

That airspace extending upward from the 

surface to and including 7,000 feet MSL 

within a 4.4-mile radius of Bozeman, Gallatin 

Field Airport. This Class D 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. 

Paragraph 6002 Class E airspace designated 

as surface areas. 

* * * * * 

ANM MT E2 Bozeman, MT [Amended] 

Bozeman, Gallatin Field Airport, MT 

(Lat. 45°46′39′′ N., long. 111°09′07′′ W.) 

Within a 4.4-mile radius of Bozeman, 

Gallatin Field 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. 

Paragraph 6004 Class E airspace designated 

as an extension to a Class D surface area. 

* * * * * 

ANM MT E4 Bozeman, MT [Modified] 

Bozeman, Gallatin Field Airport, MT 

(Lat. 45°46′39′′ N., long. 111°09′07′′ W.) 

That airspace extending upward from the 

surface within 3 miles each side of the 316° 

bearing of Bozeman, Gallatin Field Airport 

extending from the 4.4-mile radius of the 

airport to 15.5 miles northwest of the airport, 

and that airspace 2.4 miles each side of the 

212° bearing of the Bozeman, Gallatin Field 

Airport extending from the 4.4-mile radius of 

the airport to 7 miles southwest of the 

airport. 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ANM MT E5 Bozeman, MT [Amended] 

Bozeman, Gallatin Field Airport, MT 

(Lat. 45°46′39′′ N., long. 111°09′07′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 13.5-mile 

radius of Bozeman, Gallatin Field Airport, 

and within 4.8 miles northeast and 13 miles 

southwest of the 316° bearing of the airport 

extending from the 13.5-mile radius to 24.4 

miles northwest of the airport. 

Issued in Seattle, Washington, on June 10, 

2011. 

John Warner, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2011–15118 Filed 6–20–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

30 CFR Part 75 

RIN 1219–AB76 

Maintenance of Incombustible Content 

of Rock Dust in Underground Coal 

Mines 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Final rule. 

SUMMARY: This final rule replaces the 

Mine Safety and Health 

Administration’s Emergency Temporary 

Standard (ETS) pursuant to section 

101(b) of the Federal Mine Safety and 

Health Act of 1977. The final rule 

adopts the requirements contained in 

the ETS. Under the final rule, mine 

operators must maintain the 

incombustible content of combined coal 

dust, rock dust, and other dust to at 

least 80 percent in underground areas of 

bituminous coal mines. The final rule 

further requires that the incombustible 

content of such combined dust be 

increased 0.4 percent for each 

0.1 percent of methane present. 

Accumulations of coal dust can ignite, 

resulting in an explosion, or after an 

explosion, they can intensify flame 

propagation, increasing the severity of 

explosions. The final rule, like the ETS, 

reduces both the potential for a coal 

mine explosion and the severity of 

explosions should they occur. 

DATES: Effective date: June 21, 2011. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1