Federal Register / Vol. 76, No. 180 / Friday, September 16, 2011 / Rules and Regulations 57635 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue, SW., Renton, WA 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

History 

On July 13, 2011, the FAA published 

in the Federal Register a notice of 

proposed rulemaking to establish 

controlled airspace at Chinle, AZ (76 FR 

41147). 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 7400.9V 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 

establishing Class E airspace extending 

upward from 700 feet above the surface, 

at Chinle Municipal Airport, 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 Chinle Municipal 

Airport, Chinle, AZ. 

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 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 AZ E5 Chinle, AZ [New] 

Chinle Municipal Airport, AZ 

(Lat. 36°06′34′′ N., long. 109°34′32′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7.2-mile 

radius of Chinle Municipal Airport; that 

airspace extending upward from 1,200 feet 

above the surface within an area bounded by 

lat. 36°34′00′′ N., long. 110°00′00′′ W.; to lat. 

36°38′00′′ N., long. 109°35′00′′ W.; to lat. 

36°16′00′′ N., long. 109°02′00′′ W.; to lat. 

36°04′00′′ N., long. 109°25′00′′ W.; to lat. 

35°38′00′′ N., long. 110°01′00′′ W.; to lat. 

36°19′00′′ N., long. 110°21′00′′ W., thence to 

the point of beginning. 

Issued in Seattle, Washington, on 

September 7, 2011. 

John Warner, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2011–23700 Filed 9–15–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 91, 119, 125, 133, 137, 

141, 142, 145, and 147 

[Docket No. FAA–2008–1154; Amendment 

Nos. 91–325, 119–15, 125–61, 133–14, 

137–16, 141–16, 142–8, 145–29, and 

147–7] 

RIN 2120–AJ36 

Restrictions on Operators Employing 

Former Flight Standards Service 

Aviation Safety Inspectors; Correction 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: The FAA is correcting a final 

rule published on August 22, 2011 (76 

FR 52231). In that final rule the FAA 

prohibited any person holding a 

certificate from knowingly employing, 

or making a contractual arrangement 

with, certain individuals to act as an 

agent or a representative of the 

certificate holder in any matter before 

the FAA under certain conditions. This 

document corrects an amendment 

number. 

DATES: Effective September 16, 2011. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this final 

rule, contact Nancy Lauck Claussen, 

Federal Aviation Administration, Air 

Transportation Division, AFS–200, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

267–8166. 

Background 

On August 22, 2011, the FAA 

published a final rule entitled 

‘‘Restrictions on Operators Employing 

Former Flight Standards Service 

Aviation Safety Inspectors’’ (76 FR 

52231). 

In that final rule the FAA prohibited 

any person holding a certificate from 

knowingly employing, or making a 

contractual arrangement with, certain 

individuals to act as an agent or a 

representative of the certificate holder 

in any matter before the FAA under 

certain conditions. These restrictions 

apply if the individual, in the preceding 

2 year period directly served as, or was 

directly responsible for the oversight of, 

a Flight Standards Service Aviation 

Safety Inspector, and had direct 

responsibility to inspect, or oversee the 

inspection of, the operations of the 

certificate holder. This rule also applies 

to persons who own or manage 

fractional ownership program aircraft 

that are used to conduct operations 


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57636 Federal Register / Vol. 76, No. 180 / Friday, September 16, 2011 / Rules and Regulations 

under specific regulations described in 

this document. This rule establishes 

these restrictions to prevent potential 

organizational conflicts of interest 

which could adversely affect aviation 

safety. 

Correction to Preamble 

This technical amendment makes one 

revision to the preamble section of the 

final rule. The amendment number 

‘‘119–5’’ should read ‘‘119–15’’. 

Issued in Washington, DC, on September 8, 

2011. 

Dennis R. Pratte, 

Acting Director, Office of Rulemaking. 

[FR Doc. 2011–23805 Filed 9–15–11; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 200 

[Release No. PA–47 ; File No. S7–19–11] 

Privacy Act of 1974: Implementation 

and Amendment of Exemptions 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule. 

SUMMARY: The Securities and Exchange 

Commission (‘‘SEC’’ or ‘‘Commission’’) is 

adopting a rule to amend its Privacy Act 

regulations to exempt portions of three 

new systems of records and to make 

technical amendments to its current 

inventory of exempted systems of 

records. Specifically, application of the 

exemptions to the three new systems of 

records is necessary to protect 

information compiled for law 

enforcement purposes. 

DATES: Effective Date: October 17, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Cristal Perpignan, Acting Chief Privacy 

Officer, Office of Information 

Technology, 202–551–7716. 

SUPPLEMENTARY INFORMATION: 

Background: On May 24, 2011, SEC 

published notice of three new Privacy 

Act systems of records entitled Tips, 

Complaints, and Referrals (TCR) 

Records (SEC–63)’’, ‘‘SEC Security in the 

Workplace Incident Records (SEC–64)’’, 

and ‘‘Investor Response Information 

System (IRIS) (SEC–65)’’; and to revise 

two existing systems of records at 

Release No. PA–46, (May 18, 2011), 76 

FR 30213 (May 24, 2011). In 

conjunction with publication of the 

systems of records notice, the SEC 

published, with invitation to comment, 

a proposed rule to exempt the new 

systems of records from 5 U.S.C. 

552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and 

(I), and (f) of the Privacy Act and 17 CFR 

200.303, 200.304, and 200.306; and to 

make technical amendments to its 

current inventory of exempted systems 

of records at Release No. PA–45 (May 

18, 2011), 76 FR 30048 (May 24, 2011). 

The TCR Records (SEC–63) system of 

records contains records related to tips, 

complaints, referrals of misconduct, or 

related information about actual or 

potential violations of the federal 

securities laws; investor harm; conduct 

of public companies; securities 

professionals; regulated entities; and 

associated persons. This system of 

records may include investigatory 

materials that were compiled in 

connection with the Commission’s 

enforcement responsibilities under the 

federal securities laws. Such material 

may consist of unsolicited and often 

unverified statements concerning 

individuals, information received from 

confidential sources, as well as reports 

from the Commission’s investigators 

and other law enforcement personnel. 

The disclosure of the existence of 

investigatory materials could seriously 

undermine effective enforcement of the 

federal securities laws by prematurely 

alerting individuals to the fact that they 

are under investigation, by giving them 

access to the evidentiary bases for a 

Commission enforcement action or 

seriously hampering the Commission’s 

case in court or before an administrative 

law judge. 

The SEC Security in the Workplace 

Incident Records (SEC–64) system of 

records contains records related to 

reports involving incidents of assault, 

harassment, intimidation, bullying, 

weapons possession, or threats at the 

SEC. This system of records may 

include investigatory materials that 

were compiled in connection with 

inquiries or investigation of potential or 

actual incidents of violence by and 

against individuals at an SEC facility. 

The disclosure of information as it 

relates to investigatory materials or the 

identity of sources of information may 

seriously undermine the safety and 

security of employees in the workplace. 

Access to such information could allow 

the subject of an investigation or inquiry 

of an actual or potential criminal or civil 

violation to interfere with and impede 

the investigation, tamper with witnesses 

or evidence, and to avoid detection or 

apprehension. 

The IRIS (SEC–65) system of records 

contains records related to complaints/ 

inquiries/requests from members of the 

public and others. This system of 

records may include investigatory 

materials that were compiled in 

connection with the Commission’s 

enforcement responsibilities under the 

federal securities laws. Such material 

may consist of unsolicited and often 

unverified statements concerning 

individuals, information received from 

confidential sources, as well as reports 

from the Commission’s investigators 

and other law enforcement personnel. 

The disclosure of the existence of 

investigatory materials could seriously 

undermine effective enforcement of the 

federal securities laws by prematurely 

alerting individuals to the fact that they 

are under investigation, by giving them 

access to the evidentiary bases for a 

commission enforcement action or 

seriously hampering the Commission’s 

case in court or before an administrative 

law judge. 

The Commission is exempting SEC– 

63, SEC–64 and SEC–65 from 5 U.S.C. 

552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and 

(I), and (f) and 17 CFR 200.303, 200.304, 

and 200.306, insofar as they contain 

investigatory materials compiled for law 

enforcement purposes; and amending its 

existing inventory of exemptions by 

modifying the name of SEC 38 from 

‘‘Office of Personnel Code of Conduct 

and Employee Performance Files’’ to 

‘‘Disciplinary and Adverse Actions, 

Employee Conduct, and Labor Relations 

Files’’ and by deleting reference to 

‘‘Personnel Security Files’’, which was 

published for deletion at Release No. 

PA–29 (July 28, 2000), 65 FR 

49037(August10, 2000). 

Public Comments: The Commission 

received only one comment on the 

proposal, but it did not address the 

specific exemptions; instead, the 

commenter stated generally that he 

thought privacy should be preserved 

and not taken away. We continue to 

believe the exemptions are consistent 

with the Privacy Act because the 

exemptions protect information relating 

to enforcement investigations from 

disclosure. 

Paperwork Reduction Act 

This rule does not contain a 

‘‘collection of information’’ requirement 

within the meaning of the Paperwork 

Reduction Act of 1995, so the 

Paperwork Reduction Act is not 

applicable. 

Cost-Benefit Analysis 

The Commission is sensitive to the 

costs and benefits imposed by its rules. 

The Privacy Act of 1974 directs each 

agency that proposes to establish or 

make a significant change in a system of 

records to publish in the Federal 

Register a notice of the existence and 

character of the system. Government 

agencies may exempt certain records 

from certain provisions of the Privacy 

Act, but to claim an exemption the 


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