34392 Federal Register / Vol. 65, No. 104 / Tuesday, May 30, 2000 / Rules and Regulations

employee or officer receives a copy of

the report. The consultant maintains all

of the data connected with this program,

identified only by the name of the

manager/officer being evaluated.

Although information from the

completed questionnaires is stored in

the system of records without

identifying the individual who

completed the questionnaire, it is

possible that the individual could be

identified by careful study of the

answers provided. To protect the

confidentiality of these participants,

which is expressly promised when the

questionnaires are distributed, this data

will not be available to the manager/

officer that is the subject of the

questionnaires. Accordingly, access to

certain data in this system of records is

restricted pursuant to the exemption

provided in subsection (k)(5) of the

Privacy Act, 5 U.S.C. 552a(k)(5). The

Board’s Rules Regarding Access to

Personal Information under the Privacy

Act must be amended to include this

system of records in the list of ‘‘exempt’’

systems of records. In addition, the

Board is taking this opportunity to

remove from that list a system of records

that was amended in 1998 and no longer

contains information that is exempt

from the access provisions of the

Privacy Act.

Regulatory Flexibility Act

In accordance with 5 U.S.C. 605, the

Board certifies that this rule will not

have a significant economic impact on

a substantial number of small entities,

because it applies only to internal

personnel matters of the agency.

Administrative Procedure Act

This rule is exempt from the

rulemaking provisions of the

Administrative Procedure Act, 5 U.S.C.

553, and the Congressional Review Act,

pursuant to 5 U.S.C. 804(3)(B) and (C),

because it is a rule relating to agency

management or personnel and a rule of

agency procedure that does not

substantially affect the rights or

obligations of non-agency parties.

List of Subjects in 12 CFR Part 261a

Federal Reserve System, Privacy.

For the reasons set forth in the

preamble, the Board amends 12 CFR

part 261a as follows:

PART 261a—RULES REGARDING

ACCESS TO PERSONAL

INFORMATION UNDER THE PRIVACY

ACT OF 1974

1. The authority citation for part 261a

is revised to read as follows:

Authority: 5 U.S.C. 552a

2. In § 261a.13, remove paragraph

(b)(6), redesignate paragraphs (b)(7), (8),

and (9) as paragraphs (b)(6), (7), and (8),

and add a new paragraph (b)(9) to read

as follows:

§ 261a.13 Exemptions.

* * * * *

(b) * * *

(9) BGFRS–25 Multi-rater Feedback

Records.

* * * * *

By order of the Board of Governors of the

Federal Reserve System, May 19, 2000.

Jennifer J. Johnson,

Secretary of the Board.

[FR Doc. 00–13127 Filed 5–26–00; 8:45 am]

BILLING CODE 6210–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 00–AWP–1]

Modification of Class E Airspace;

Willits, CA

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action modifies the Class

E airspace area at Willits, CA. The

establishment of an Area Navigation

(RNAV) Standard Instrument Approach

Procedure (SIAP) to Runway (RWY) 16

and RWY 34 at Ells Field-Willits

Municipal Airport has made this

proposal necessary. Additional

controlled airspace extending upward

from 7000 feet or more above the surface

of the earth is needed to contain aircraft

executing the RBAV RWY 16 and RWY

34 SIAP to Ells Field-Willits Municipal

Airport. The intended effect of this

action is to provide adequate controlled

airspace for Instrument Flight Rules

(IFR) operations at Ells Field-Willits

Municipal Airport, Willits, CA.

EFFECTIVE DATE: 0901 UTC August 10,

2000.

FOR FURTHER INFORMATION CONTACT:

Larry Tonish, Airspace Specialist,

Airspace Branch, AWP–520, Air Traffic

Division, Western-Pacific Region,

Federal Aviation Administration, 15000

Aviation Boulevard, Lawndale,

California 90261, telephone (310) 725–

6539.

SUPPLEMENTARY INFORMATION:

History

On March 22, 2000, the FAA

proposed to amend 14 CFR part 71 by

modifying the Class E airspace area at

Willis, CA (65 FR 15282). Additional

controlled airspace extending upward

from 700 feet above the surface is

needed to contain aircraft executing the

RNAV RWY 16 and RWY 34 SIAP at

Ells Field-Willis Municipal Airport.

This action will provide adequate

controlled airspace for aircraft executing

the RNAV RWY 16 and RWY 34 SIAP

at Ells Field-Willits Municipal Airport,

Willits, CA.

Interested parties were invited to

participate in this rulemaking

proceeding by submitting written

comments on the proposal to the FAA.

No comments to the proposal were

received. Class E airspace designation

for airspace extending from 700 feet or

more above the surface of the earth are

published in paragraph 6005 of FAA

Order 7400.9G dated September 1, 1999,

and effective September 16, 1999, which

is incorporated by reference in 14 CFR

71.1. The Class E airspace designation

listed in this document will be

published subsequently in the Order.

The Rule

This amendment to 14 CFR part 71

modifies the Class E airspace area at

Willits, CA. The development of a

RNAV RWY 16 and RWY 34 SIAP has

made this action necessary. The effect of

this action will provide adequate

airspace for aircraft executing the RNAV

RWY 16 and RWY 34 SIAP at Ells FieldWillits Municipal Airport, Willits, CA.

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. 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 that this rule will not have

a significant economic impact on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act.

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:

Federal Register / Vol. 65, No. 104 / Tuesday, May 30, 2000 / Rules and Regulations 34393

PART 71—DESIGNATION OF CLASS A,

CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS;

AIRWAYS; 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; 14 CFR 11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9G, Airspace

Designations and Reporting Points,

dated September 1, 1999, and effective

September 16, 1999, is amended as

follow:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

AWP CA E5 Willits, CA [Revised]

Ells Field-Willits Municipal Airport, CA

(Lat. 39°27′03′′ N, long. 123°22′12′′ W)

That airspace extending upward from 700

feet above the surface within a 6.3-mile

radius of the Ells Field-Willits Municipal

Airport and that airspace bounded by a line

beginning at lat. 39°28′00′′ N, long.

123°30′15′′ W; to lat. 39°48′30′′ N, long.

123°42′00′′ W; to lat. 39°53′30′′ N, long.

123°28′30′′ W; to lat. 39°32′11′′ N, long.

123°17′27′′ W, thence clockwise along the

6.3-mile radius of the Ells Field-Willits

Municipal Airport, to the point of beginning.

* * * * *

Issued in Los Angeles, California, on April

25, 2000.

William D. Marino, Jr.,

Acting Manager, Air Traffic Division,

Western-Pacific Region.

[FR Doc. 00–13461 Filed 5–26–00; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF LABOR

Pension and Welfare Benefits

Administration

29 CFR Part 2584

RIN 1210–AA79

Rules and Regulations For the

Allocation of Fiduciary Responsibility,

Federal Retirement Thrift Investment

Board

AGENCY: Pension and Welfare Benefits

Administration, Labor.

ACTION: Direct final rule.

SUMMARY: This document includes

amendments authorizing the Executive

Director of the Federal Retirement Thrift

Investment Board (Board) to allocate

certain fiduciary responsibilities for two

new investment funds to investment

managers. It also provides definitions

for the two new funds, updates the

definition of investment manager and

makes other miscellaneous corrections

to the regulations.

DATES: This rule is effective on July 14,

2000 without further notice, unless the

Department receives significant adverse

written comment by July 29, 2000. If the

Department receives such comments, it

will publish a timely withdrawal of the

direct final rule in the Federal Register

and inform the public that the rule will

not take effect.

ADDRESSES: Written comments

(preferably at least three copies) should

be submitted to the Office of

Regulations and Interpretations, Pension

and Welfare Benefits Administration,

Room N–5671, U.S. Department of

Labor, Washington, DC 20210, and

marked ‘‘Attention: FERSA Allocation

Regulation.’’ All submissions will be

available for public inspection in the

Public Documents Room, Pension and

Welfare Benefits Administration, Room

N–5507, 200 Constitution Avenue NW,

Washington, DC 20210.

FOR FURTHER INFORMATION CONTACT:

Rudy Nuissl, Pension and Welfare

Benefits Administration, U.S.

Department of Labor, Rm 5669, 200

Constitution Ave., N.W., Washington,

DC 20210, tel. (202) 219–7461. This is

not a toll-free number.

SUPPLEMENTARY INFORMATION:

Subchapter III of the Federal Employees’

Retirement System Act of 1986

(FERSA), Pub. L. No. 99–335, 100 Stat.

514, codified largely at 5 U.S.C. 8351

and 8401–8479, created a retirement

savings plan for Federal employees

known as the Thrift Savings Plan (TSP).

As provided at 5 U.S.C. 8437, the TSP

is funded by the Thrift Savings Fund

(Fund).

Pursuant to 5 U.S.C. 8474(b)(5) and

(c)(1), the Executive Director of the

Board is granted authority to prescribe

such regulations as may be necessary for

the administration of the Fund.

However, these statutory provisions

expressly prohibit the Executive

Director from prescribing any

regulations relating to fiduciary

responsibilities with respect to the

Fund. Instead, at 5 U.S.C. 8477(e)(1)(E),

the Secretary of Labor is directed to

prescribe, in regulations, procedures by

which fiduciary responsibilities may be

allocated among fiduciaries, including

investment managers. The Secretary of

Labor published regulations setting

forth such procedures in final form in

the Federal Register on December 29,

1988 (53 FR 52664). These regulations

comprise 29 CFR part 2584.

Pursuant to 29 CFR 2584.8477(e)–2(b),

the Executive Director may allocate

certain fiduciary responsibilities in

connection with the management and

investment of the Fixed Income

Investment Fund (F Fund) to a qualified

professional asset manager(s). Section

2584.8477(e)–2(c) of title 29, Code of

Federal Regulations, provides that the

Executive Director may also allocate

certain fiduciary responsibilities in

connection with the management and

investment of the Government

Securities Investment Fund (G Fund)

and the Common Stock Index

Investment Fund (C Fund) to an

investment manager(s). Section

2584.8477(e)–6 of title 29, Code of

Federal Regulations, provides

definitions for these investment funds.

The Thrift Savings Investment Funds

Act of 1996, Pub. L. 104–208, 110 Stat.

3009–372, authorized the creation of

two new investment funds. The new

funds are the Small Capitalization Stock

Index Investment Fund (S Fund) and

the International Stock Index

Investment Fund (I Fund).

This document provides in

§ 2584.8477(e)–2 that, in addition to the

G, C, and F Funds, the Executive

Director may allocate certain fiduciary

responsibilities in connection with the

management and investment of the two

new funds (S and I Funds) to an

investment manager(s). The rule also

provides definitions for these two new

funds in § 2584.8477(e)–6, which

conform to the definitions in sections of

the Thrift Savings Investment Funds Act

of 1996.

Because part 2584 originally adopted

the definition of investment manager

provided in the Employee Retirement

Income Security Act of 1974 (ERISA),

Pub. L. 93–406, 88 Stat. 829, 29 U.S.C.

1002, which was later amended by Act

of November 10, 1997, § 1(a), Pub. L.

105–72, 111 Stat. 1457, this document

replaces the old definition of investment

manager in 29 CFR 2584.8477(e)–6 with

the amended definition as currently

provided in ERISA.

Furthermore, this rule adds the word

‘‘Fund’’ to § 2584.8477(e)–2(c), which

was inadvertently omitted from

‘‘Common Stock Index Investment

Fund’’ in the final rule, and updates the

United States Code citation for FERSA

in § 2584.8477(e)–6(a).

Direct Final Rulemaking Procedure

The Department has determined that

this rule shall be effective as a final rule

45 days after publication in the Federal

Register. As explained more fully above,