8606 Federal Register / Vol. 79, No. 30 / Thursday, February 13, 2014 / Rules and Regulations 

Issued in College Park, Georgia, on 

February 4, 2014. 

Eric Fox, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2014–03060 Filed 2–12–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2013–0622; Airspace 

Docket No. 13–AWP–10] 

Modification of Class D and Class E 

Airspace; Kailua-Kona, HI 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This action amends Class D 

and E airspace at Kona International 

Airport at Keahole, Kailua-Kona, HI, to 

accommodate the Area Navigation 

(RNAV) Global Positioning System 

(GPS) and the Instrument Landing 

System (ILS) or Localizer (LOC) 

standard instrument approach 

procedures at the airport. This action 

also adjusts the geographic coordinates 

of the airport in the respective Class D 

and E airspace areas, and the airport 

name is corrected to Kona International 

Airport at Keahole. This action, initiated 

by the biennial review of the Kona 

airspace area, improves the safety and 

management of Instrument Flight Rules 

(IFR) operations at the airport. In 

addition, a correction to the south 

segment extension of Class E airspace is 

made. 

DATES: Effective Date, 0901 UTC, May 

29, 2014. 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: Bill 

Nugent, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue SW., Renton, WA 98057; 

telephone (425) 203–4518. 

SUPPLEMENTARY INFORMATION: 

History 

On October 31, 2013, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to amend controlled airspace at KailuaKona, HI (78 FR 65241). 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 that in the proposal section of the 

NPRM, the south extension miles were 

inverted. It should read ‘‘. . . is 

decreased from 14.5 miles to 8.5 miles 

south of the airport . . .’’ The Class E 

regulatory text is correctly entered. 

Class D and Class E airspace 

designations are published in 

paragraphs 5000, 6004 and 6005, 

respectively, of FAA Order 7400.9X 

dated August 7, 2013, and effective 

September 15, 2013, which is 

incorporated by reference in 14 CFR 

71.1. The Class D and 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 

amending Class E airspace extending 

upward from 700 feet above the surface, 

at Kona International Airport at 

Keahole, Kailua-Kona, HI, to 

accommodate the RNAV (GPS) and ILS 

or LOC standard instrument approach 

procedures at the airport. The segment 

of controlled airspace extending from 

the 7.4-mile radius of the airport is 

decreased from 14.5 miles to 8.5 miles 

south of the airport. The geographic 

coordinates of the airport for the 

respective Class D and Class E airspace 

are updated to coincide with the FAA’s 

aeronautical database. The airport 

formerly called Keahole Airport, KailuaKona, HI, is corrected to Kona 

International Airport at Keahole, KailuaKona, HI. 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 only affects air traffic 

procedures and air navigation, it is 

certified 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. 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 amends 

controlled airspace at Kona 

International Airport at Keahole, KailuaKona, HI. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 311a. 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. 

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 7400.9X, Airspace 

Designations and Reporting Points, 

dated August 7, 2013, and effective 

September 15, 2013 is amended as 

follows: 

Paragraph 5000 Class D Airspace 

* * * * * 

AWP HI D Kailua-Kona, HI [Modified] 

Kona International Airport at Keahole, HI 

(Lat. 19°44′20′′ N., long. 156°02′44′′ W.) 

That airspace extending upward from the 

surface to and including 2,500 feet MSL 

within a 4.3-mile radius of Kona 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 79, No. 30 / Thursday, February 13, 2014 / Rules and Regulations 8607 

International Airport at Keahole. 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, 

Pacific Chart Supplement. 

Paragraph 6004 Class E Airspace 

Designated as an Extension to Class D 

Surface Area 

* * * * * 

AWP HI E4 Kailua-Kona, HI [Modified] 

Kona International Airport at Keahole, HI 

(Lat. 19°44′20′′ N., long. 156°02′44′′ W.) 

That airspace extending upward from the 

surface within 2.8 miles either side of the 

186° bearing of Kona International Airport at 

Keahole extending from the 4.3-mile radius 

of the airport to 5.7 miles south of the airport, 

and within 4.3 miles either side of the 006° 

bearing of the airport extending from the 4.3- 

mile radius to 11.5 miles north of the 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, 

Pacific Chart Supplement. 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth 

* * * * * 

AWP HI E5 Kailua-Kona, HI [Modified] 

Kona International Airport at Keahole, HI 

(Lat. 19°44′20′′ N., long. 156°02′44′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7.4-mile 

radius of Kona International Airport at 

Keahole, and within 4.3 miles each side of 

the 006° bearing of the airport extending from 

the 7.4-mile radius to 11.5 miles north of the 

airport, and within 4 miles each side of the 

186° bearing of the airport extending from the 

7.4-mile radius to 8.5 miles south of the 

airport. 

Issued in Seattle, Washington, on January 

30, 2014. 

Clark Desing, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2014–02951 Filed 2–12–14; 8:45 am] 

BILLING CODE 4910–13–P 

OVERSEAS PRIVATE INVESTMENT 

CORPORATION 

22 CFR Part 706 

[No. FOIA–2013] 

RIN 3420–ZA00 

Freedom of Information 

AGENCY: Overseas Private Investment 

Corporation. 

ACTION: Final rule. 

SUMMARY: This final rule implements 

revisions to the Overseas Private 

Investment Corporation’s (‘‘OPIC’’) 

Freedom of Information Act (FOIA) 

regulations by making substantive and 

administrative changes. These revisions 

are intended to supersede OPIC’s 

current FOIA regulations, located at this 

part. The final rule incorporates the 

FOIA revisions contained in the 

Openness Promotes Effectiveness in our 

National Government Act of 2007 

(‘‘OPEN Government Act’’), makes 

administrative changes to reflect OPIC’s 

cost, and organizes the regulations to 

more closely match those of other 

agencies for ease of reference. The rule 

also reflects the disclosure principles 

established by President Barack Obama 

and Attorney General Eric Holder in 

their FOIA Policy Memoranda issued on 

January 12, 2009 and March 19, 2009, 

respectively. 

DATES: This rule is effective February 

14, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Nichole Cadiente, Administrative 

Counsel, (202) 336–8400, or foia@

opic.gov. 

SUPPLEMENTARY INFORMATION: The 

revision of Part 706 incorporates 

changes to the language and structure of 

the regulations and adds new provisions 

to implement the OPEN Government 

Act. OPIC is already complying with 

these changes and this final rule serves 

as OPIC’s formal codification of the 

applicable law and its practice. 

The most significant change in this 

final rule is the treatment of business 

submitters. This section will define 

confidential commercial information 

more concisely and provide a default 

expiration date for confidentiality 

labels. This will enable OPIC to more 

efficiently process requests for 

commercial information, which 

comprise the majority of OPIC’s FOIA 

requests. Among other substantive 

changes: the search date is now the 

responsive record cutoff date, the 

information OPIC posts online has been 

clarified, there is more detail on how to 

request records about an individual, and 

illustrative examples have been added. 

OPIC published a proposed rule on 

December 4, 2013 at 78 FR 72843 and 

invited interested parties to submit 

comments. OPIC received two sets of 

comments and a forwarded set of best 

practices and has made several changes 

to its rule based on these suggestions. 

OPIC adopted the following 

suggestions. First, OPIC made some 

editorial changes. An erroneous 

reference in § 706.11(e) was changed 

from Section 706.10(c) to § 706.24. Also 

the term ‘‘non-public records’’ was 

changed to ‘‘records’’ as it was 

suggested that requesters might consider 

‘‘non-public records’’ to be records 

excluded from the FOIA. 

Second, OPIC added a subsection for 

‘‘all other requesters’’ to the listing of 

requester categories in Section 706.21 to 

make the listing comprehensive. 

Third, OPIC added definitions of 

‘‘requester categories’’ and ‘‘fee 

waivers’’ to §§ 706.21 and 706.24, 

respectively. These two fee relevant 

determinations are often confused by 

requesters and OPIC agrees that the 

public would benefit from explicit 

definitions. 

Fourth, OPIC added the following 

sentence to the end of § 706.22(f): ‘‘OPIC 

will not aggregate multiple requests that 

involve multiple matters.’’ This 

language is already included in the 

other subsection dealing with request 

aggregation, § 706.30(e). 

Fifth, OPIC has modified the example 

in § 706.30(f)(3) to remove the word 

‘‘professional.’’ The sentence now reads: 

‘‘For example, under paragraph (e)(1)(ii) 

of this section, a requester who is not a 

full-time member of the news media 

must establish that he or she is a person 

whose primary activity or occupation is 

information dissemination.’’ OPIC did 

so to address a concern that requesters 

might interpret the expedited processing 

provision relating to ‘‘a person primarily 

engaged in information dissemination’’ 

as applying only to persons who are 

paid for disseminating information. The 

new wording makes it clearer that the 

standard can be met regardless of 

whether the requester is paid. 

Sixth, OPIC has reduced its per page 

charge for photocopies from $0.15 to 

$0.10. 

OPIC considered, but did not adopt 

the following suggestions. First, OPIC 

did not adopt a suggestion to add a 

definitions section. OPIC’s 2000 FOIA 

regulations contained a definitions 

section which was intentionally 

removed. Most definitions in the 

regulations are specific to a topic, 

therefore placing the definitions near 

the terms as they are used is more 

efficient for the reader. 

Second, OPIC did not add suggested 

language specifying that the Privacy Act 

deals with first-party requests and the 

FOIA deals with third party requests. 

The suggested language does not reflect 

OPIC’s practice. OPIC automatically 

processes first party requests under both 

the Privacy Act and the FOIA, 

regardless of which statute it is 

submitted under, and informs the 

requester of that dual processing in the 

acknowledgement letter. 

Third, in § 706.11(a)(3), OPIC did not 

change the term, ‘‘Where a request for 

records pertains to a third party’’ to, 

‘‘Where a request for records pertains to 


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