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

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


### 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