19858 Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations 

■ 2. In appendix C to part 5, revise 

paragraph 66 to read as follows: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

■ 66. The DHS/ALL–030 Use of the 

Terrorist Screening Database System of 

Records consists of electronic and paper 

records and will be used by DHS and its 

Components. The DHS/ALL–030 Use of 

the Terrorist Screening Database System 

of Records is a repository of information 

held by DHS in connection with its 

several and varied missions and 

functions, including, the enforcement of 

civil and criminal laws; investigations, 

inquiries, and proceedings thereunder; 

and national security and intelligence 

activities. The Terrorist Screening 

Database belongs to the Department of 

Justice (DOJ)/Federal Bureau of 

Investigation (FBI). DHS does not 

change or alter these records. All 

records within the DHS/ALL–030 Use of 

the Terrorist Screening Database System 

of Records are collected and 

disseminated by the DOJ/FBI and are 

covered by the DOJ/FBI–019, ‘‘Terrorist 

Screening Records Center System,’’ 72 

FR 77846 (Dec. 14, 2011). Because DHS 

does not make any changes to the 

records obtained from DOJ/FBI, the 

same exemptions outlined in the DOJ/

FBI SORN, and reasons provided in its 

implementing regulations for use of 

such exemptions at 28 CFR 16.96, 

transfer and apply. The Secretary of 

Homeland Security, pursuant to 5 

U.S.C. 552a(j)(2), has exempted this 

system from the following provisions of 

the Privacy Act: 5 U.S.C. 552a(c)(3), 

(c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(5), 

(e)(8), and (g). When a record has been 

received from DOJ/FBI–019 Terrorist 

Screening Records System of Records 

and has been exempted in that source 

system, DHS will claim the same 

exemptions for those records that are 

claimed for that original primary system 

of records from which they originated 

and claims any additional exemptions 

set forth here. Exemptions from these 

particular subsections are justified, on a 

case-by-case basis to be determined at 

the time a request is made, for the 

following reasons: 

(a) From subsection (c)(3) and (4) 

(Accounting for Disclosures) because 

release of the accounting of disclosures 

could alert the subject of an 

investigation of an actual or potential 

criminal, civil, or regulatory violation to 

the existence of that investigation and 

reveal investigative interest on the part 

of DHS as well as the recipient agency. 

Disclosure of the accounting would 

therefore present a serious impediment 

to law enforcement efforts and/or efforts 

to preserve national security. Disclosure 

of the accounting would also permit the 

individual who is the subject of a record 

to impede the investigation, to tamper 

with witnesses or evidence, and to 

avoid detection or apprehension, which 

would undermine the entire 

investigative process. 

(b) From subsection (d) (Access to 

Records) because access to the records 

contained in this system of records 

could inform the subject of an 

investigation of an actual or potential 

criminal, civil, or regulatory violation to 

the existence of that investigation and 

reveal investigative interest on the part 

of DHS or another agency. Access to the 

records could permit the individual 

who is the subject of a record to impede 

the investigation, to tamper with 

witnesses or evidence, and to avoid 

detection or apprehension. Amendment 

of the records could interfere with 

ongoing investigations and law 

enforcement activities and would 

impose an unreasonable administrative 

burden by requiring investigations to be 

continually reinvestigated. In addition, 

permitting access and amendment to 

such information could disclose 

security-sensitive information that 

could be detrimental to homeland 

security. 

(c) From subsection (e)(1) (Relevancy 

and Necessity of Information) because 

in the course of investigations into 

potential violations of Federal law, the 

accuracy of information obtained or 

introduced occasionally may be unclear, 

or the information may not be strictly 

relevant or necessary to a specific 

investigation. In the interests of effective 

law enforcement, it is appropriate to 

retain all information that may aid in 

establishing patterns of unlawful 

activity. 

(d) From subsection (e)(2) (Collection 

of Information from Individuals) 

because requiring that information be 

collected from the subject of an 

investigation would alert the subject to 

the nature or existence of the 

investigation, thereby interfering with 

that investigation and related law 

enforcement activities. 

(e) From subsection (e)(3) (Notice to 

Subjects) because providing such 

detailed information could impede law 

enforcement by compromising the 

existence of a confidential investigation 

or reveal the identity of witnesses or 

confidential informants. 

(f) From subsection (e)(5) (Collection 

of Information) because with the 

collection of information for law 

enforcement purposes, it is impossible 

to determine in advance what 

information is accurate, relevant, timely, 

and complete. Compliance with 

subsection (e)(5) would preclude DHS 

agents from using their investigative 

training and exercise of good judgment 

to both conduct and report on 

investigations. 

(g) From subsection (e)(8) (Notice on 

Individuals) because compliance would 

interfere with DHS’s ability to obtain, 

serve, and issue subpoenas, warrants, 

and other law enforcement mechanisms 

that may be filed under seal and could 

result in disclosure of investigative 

techniques, procedures, and evidence. 

(h) From subsection (g) (Civil 

Remedies) to the extent that the system 

is exempt from other specific 

subsections of the Privacy Act. 

* * * * * 

Dated: March 22, 2016. 

Karen L. Neuman, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2016–07896 Filed 4–5–16; 8:45 am] 

BILLING CODE 9110–9B–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2015–4010; Airspace 

Docket No. 15–ASO–11] 

Establishment of Class D and Class E 

Airspace, and Amendment of Class E 

Airspace; Lake City, FL 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

D airspace and Class E surface area 

airspace at Lake City, FL, providing the 

controlled airspace required for the Air 

Traffic Control Tower at Lake City 

Gateway Airport. This action also 

amends existing Class E airspace by 

recognizing the airport’s name change. 

Controlled airspace is necessary for the 

safety and management of instrument 

flight rules (IFR) operations at the 

airport. A minor adjustment is made to 

the geographic coordinates of the 

airport. 

DATES: Effective 0901 UTC, May 26, 

2016. 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. 

ADDRESSES: FAA Order 7400.9Z, 

Airspace Designations and Reporting 

Points, and subsequent amendments can 


asabaliauskas on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations 19859 

be viewed online at http://www.faa.gov/ 

airtraffic/publications/. For further 

information, you can contact the 

Airspace Policy Group, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: 202–267–8783. The Order is 

also available for inspection at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of FAA 

Order 7400.9Z at NARA, call 202–741– 

6030, or go to http://www.archives.gov/ 

federal_register/code_of_federalregulations/ibr_locations.html. 

FAA Order 7400.9, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

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: 

Authority for This Rulemaking 

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 establishes 

Class D and Class E airspace, and 

amends Class E airspace at Lake City 

Gateway Airport, Lake City, FL. 

History 

On January 13, 2016, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to establish Class D airspace and Class 

E surface area airspace, and amend 

Class E airspace extending upward from 

700 feet above the surface at Lake City 

Gateway Airport, Lake City, FL, 

providing the controlled airspace 

required to support the Air Traffic 

Control Tower (81 FR 1590) FAA–2015– 

4010. Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. No comments 

were received. Subsequent to 

publication, the FAA found an error in 

the geographic coordinates of Lake City 

Gateway Airport. This action corrects 

that error. 

Class D and E airspace designations 

are published in paragraphs 5000, 6002, 

and 6005, respectively, of FAA Order 

7400.9Z dated August 6, 2015, and 

effective September 15, 2015, which is 

incorporated by reference in 14 CFR 

part 71.1. The Class D and E airspace 

designations listed in this document 

will be published subsequently in the 

Order. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document amends FAA Order 

7400.9Z, Airspace Designations and 

Reporting Points, dated August 6, 2015, 

and effective September 15, 2015. FAA 

Order 7400.9Z is publicly available as 

listed in the ADDRESSES section of this 

document. FAA Order 7400.9Z lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

establishes Class D airspace and Class E 

surface area airspace at Lake City 

Gateway Airport, Lake City, FL, 

providing the controlled airspace 

required to support the Air Traffic 

Control Tower. Class D airspace 

extending upward from the surface up 

to and including 2,500 feet is 

established within a 4.2 mile radius of 

the airport. Class E surface area airspace 

is established within a 4.2 mile radius 

of the airport. Class E airspace 

extending upward from 700 feet above 

the surface is amended by changing the 

airport’s name from Lake City 

Municipal Airport to Lake City Gateway 

Airport. Controlled airspace is necessary 

for IFR operations. The geographic 

latitude coordinate of the airport is 

adjusted from ‘‘lat. 30°10′56′′ N.’’, to 

‘‘lat. 30°10′55′′ N.’’ for the Class D and 

E airspace areas. 

Regulatory Notices and Analyses 

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. 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 only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5a. This airspace action 

is not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

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(f), 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 FAA Order 7400.9Z, 

Airspace Designations and Reporting 

Points, dated August 6, 2015, effective 

September 15, 2015, is amended as 

follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

ASO FL D Lake City, FL [New] 

Lake City Gateway Airport, FL 

(Lat. 30°10′55′′ N., long. 82°34′37′′ W.) 

That airspace extending upward from the 

surface to and including 2,500 feet within a 

4.2-mile radius of Lake City Gateway 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 Surface Area 

Airspace. 

* * * * * 

ASO FL E2 Lake City, FL [New] 

Lake City Gateway Airport, FL 

(Lat. 30°10′55′′ N., long. 82°34′37′′ W.) 


asabaliauskas on DSK3SPTVN1PROD with RULES
19860 Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations 

Within a 4.2-mile radius of Lake City 

Gateway 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 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASO FL E5 Lake City, FL [Amended] 

Lake City Gateway Airport, FL 

(Lat. 30°10′55′′ N., long. 82°34′37′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7-mile radius 

of Lake City Gateway Airport. 

Issued in College Park, Georgia, on March 

29, 2016. 

Ryan W. Almasy, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2016–07782 Filed 4–5–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2016–4239; Airspace 

Docket No. 16–ASO–4] 

Amendment of Class D Airspace for 

Bartow, FL 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class D 

Airspace at Bartow Municipal Airport, 

Bartow, FL, by adjusting the ceiling of 

the Class D airspace area from 2,600 feet 

to 1,600 feet above the surface. This 

change allows the air traffic control 

tower at Tampa International Airport, 

Tampa, FL, to carry out Letter of 

Agreement procedures, already 

established, between Bartow Air Traffic 

Control Tower and Tampa Terminal 

Radar Approach Control (TRACON) for 

the safety and management of standard 

instrument approach procedures 

(SIAPs) and for Instrument Flight Rule 

(IFR) operations in the area. 

DATES: Effective 0901 UTC, May 26, 

2016. 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. 

ADDRESSES: FAA Order 7400.9Z, 

Airspace Designations and Reporting 

Points, and subsequent amendments can 

be viewed online at http://www.faa.gov/ 

airtraffic/publications/. For further 

information, you can contact the 

Airspace Policy Group, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: 202–267–8783. The Order is 

also available for inspection at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of FAA 

Order 7400.9Z at NARA, call 202–741– 

6030, or go to http://www.archives.gov/ 

federal_register/code_of_federalregulations/ibr_locations.html. 

FAA Order 7400.9, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

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: 

Authority for This Rulemaking 

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 D airspace at Bartow Municipal 

Airport, Bartow, FL. 

History 

In a review of the airspace, the FAA 

found the Class D airspace description 

for Bartow Municipal Airport, Bartow, 

FL, published in FAA Order 7400.9Z, 

describes the ceiling as, extending 

upward from the surface to and 

including 2,600 feet MSL. The Tampa 

International Airport Class B airspace 

area has control of aircraft operating at 

and above 1,800 feet MSL in the Bartow, 

FL, Class D airspace area. The FAA is 

lowering the Class D airspace area to 

1,600 feet MSL to avoid the overlap 

between the two facilities. To avoid 

confusion on the part of the pilots 

overflying the Bartow, FL, area, the FAA 

finds that notice and public procedure 

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

and contrary to the public interest. To 

be consistent with the FAA’s safety 

mandate when an unsafe condition 

exists, the FAA finds good cause 

pursuant to 5 U.S.C. 553(d) for making 

this amendment effective in less than 30 

days to promote the safe and efficient 

handling of air traffic in the area. 

Class D airspace designations are 

published in paragraphs 5000 of FAA 

Order 7400.9Z dated August 6, 2015, 

and effective September 15, 2015, which 

is incorporated by reference in 14 CFR 

part 71.1. The Class D airspace 

designations listed in this document 

will be published subsequently in the 

Order. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document amends FAA Order 

7400.9Z, Airspace Designations and 

Reporting Points, dated August 6, 2015, 

and effective September 15, 2015. FAA 

Order 7400.9Z is publicly available as 

listed in the ADDRESSES section of this 

document. FAA Order 7400.9Z lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

lowering the Class D ceiling airspace 

area from 2,600 feet MSL to and 

including 1,600 feet MSL at Bartow 

Municipal Airport, Bartow, FL. The 

Letter of Agreement between Tampa 

TRACON and Bartow ATCT, established 

June 3, 2013, states that Tampa 

TRACON shall control aircraft operating 

at or above 1,800 feet MSL in the Bartow 

Airport Class D airspace area. This 

airspace change eliminates pilot 

confusion for those aircraft operating 

above 1,600 feet MSL in the Bartow 

Airport Class D airspace area. 

Regulatory Notices and Analyses 

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. 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 only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 


asabaliauskas on DSK3SPTVN1PROD with RULES