63706 Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Rules and Regulations 

denied. If we grant your request, we will 

take the necessary steps to amend your 

record and, when appropriate and 

possible, notify prior recipients of the 

record of our action. If we deny the 

request, in whole or in part, we will tell 

you— 

(1) Why we denied the request (or 

portion of the request); 

(2) That you have a right to appeal; 

and 

(3) How to file an appeal. 

§ 261a.10 Appeal of adverse determination 

of request for access or amendment. 

(a) Appeal. You may appeal a denial 

of a request made pursuant to § 261a.5 

or § 261a.8 of this part within 10 

business days after we notify you that 

we denied your request. Your appeal 

must— 

(1) Be made in writing with the words 

‘‘PRIVACY ACT APPEAL’’ written 

prominently on the first page and 

addressed to the Secretary of the Board, 

Board of Governors of the Federal 

Reserve System, 20th Street and 

Constitution Avenue, NW., Washington, 

DC 20551; 

(2) Specify the background of the 

request; and 

(3) Provide reasons why you believe 

the initial denial is in error. 

(b) Determination. We will make a 

determination on your appeal within 30 

business days from the date we receive 

it, unless we extend the time for good 

cause. 

(1) If we grant your appeal regarding 

a request for amendment, we will take 

the necessary steps to amend your 

record and, when appropriate and 

possible, notify prior recipients of the 

record of our action. 

(2) If we deny your appeal, we will 

inform you of such determination, tell 

you our reasons for the denial, and tell 

you about your rights to file a statement 

of disagreement and to have a court 

review our decision. 

(c) Statement of disagreement. (1) If 

we deny your appeal regarding a request 

for amendment, you may file a concise 

statement of disagreement with the 

denial. We will maintain your statement 

with the record you sought to amend 

and any disclosure of the record will 

include a copy of your statement of 

disagreement. 

(2) When practicable and appropriate, 

we will provide a copy of the statement 

of disagreement to any prior recipients 

of the record. 

Subpart C—Disclosure of Records 

§ 261a.11 Restrictions on disclosure. 

We will not disclose any record about 

you contained in a system of records to 

any person or agency without your prior 

written consent unless the disclosure is 

authorized by 5 U.S.C. 552a(b). 

§ 261a.12 Exempt records. 

(a) Information compiled for civil 

action. This regulation does not permit 

you to have access to any information 

compiled in reasonable anticipation of a 

civil action or proceeding. 

(b) Law enforcement information. 

Pursuant to 5 U.S.C. 552a(k)(2), we have 

determined that it is necessary to 

exempt the systems of records listed 

below from the requirements of the 

Privacy Act concerning access to 

records, accounting of disclosures of 

records, maintenance of only relevant 

and necessary information in files, and 

certain publication provisions, 

respectively, 5 U.S.C. 552a(c)(3), (d), 

(e)(1), (e)(4)(G), (H) and (I), and (f), and 

§§ 261a.5, 261a.7, and 261a.8 of this 

part. The exemption applies only to the 

extent that a system of records contains 

investigatory materials compiled for law 

enforcement purposes. 

(1) BGFRS–1 Recruiting and 

Placement Records 

(2) BGFRS–2 Personnel Security 

Systems 

(3) BGFRS–4 General Personnel 

Records 

(4) BGFRS–5 EEO Discrimination 

Complaint File 

(5) BGFRS–18 Consumer Complaint 

Information 

(6) BGFRS–21 Supervisory 

Enforcement Actions and Special 

Examinations Tracking System 

(7) BGFRS–31 Protective Information 

System 

(8) BGFRS–32 Visitor Registration 

System 

(9) BGFRS–36 Federal Reserve 

Application Name Check System 

(10) BGFRS–37 Electronic 

Applications 

(11) BGFRS/OIG–1 OIG Investigative 

Records 

(c) Confidential references. Pursuant 

to 5 U.S.C. 552a(k)(5), we have 

determined that it is necessary to 

exempt the systems of records listed 

below from the requirements of the 

Privacy Act concerning access to 

records, accounting of disclosures of 

records, maintenance of only relevant 

and necessary information in files, and 

certain publication provisions, 

respectively, 5 U.S.C. 552a(c)(3), (d), 

(e)(1), (e)(4)(G), (H) and (I), and (f), and 

§§ 261a.5, 261a.7, and 261a.8 of this 

part. The exemption applies only to the 

extent that a system of records contains 

investigatory material compiled to 

determine an individual’s suitability, 

eligibility, and qualifications for Board 

employment or access to classified 

information, and the disclosure of such 

material would reveal the identity of a 

source who furnished information to the 

Board under a promise of 

confidentiality. 

(1) BGFRS–1 Recruiting and 

Placement Records 

(2) BGFRS–2 Personnel Security 

Systems 

(3) BGFRS–4 General Personnel 

Records 

(4) BGFRS–10 General Files on Board 

Members 

(5) BGFRS–11 Official General Files 

(6) BGFRS–13 Federal Reserve System 

Bank Supervision Staff 

Qualifications 

(7) BGFRS–14 General File on Federal 

Reserve Bank and Branch Directors 

(8) BGFRS–25 Multi-Rater Feedback 

Records 

(9) BGFRS/OIG–1 OIG Investigative 

Records 

(10) BGFRS/OIG–2 OIG Personnel 

Records 

(d) Criminal law enforcement 

information. Pursuant to 5 U.S.C. 

552a(j)(2), we have determined that the 

OIG Investigative Records (BGFRS/OIG– 

1) are exempt from the Privacy Act, 

except the provisions regarding 

disclosure, the requirement to keep an 

accounting, certain publication 

requirements, certain requirements 

regarding the proper maintenance of 

systems of records, and the criminal 

penalties for violation of the Privacy 

Act, respectively, 5 U.S.C. 552a(b), 

(c)(1), and (2), (e)(4)(A) through (F), 

(e)(6), (e)(7), (e)(9), (e)(10), (e)(11) and 

(i). 

By order of the Board of Governors of the 

Federal Reserve System, October 4, 2010. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. 2010–25367 Filed 10–15–10; 8:45 am] 

BILLING CODE 6210–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0651; Airspace 

Docket No. 10–ANM–7] 

Amendment of Class D and Class E 

Airspace; Klamath Falls, OR 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action will amend Class 

D and Class E airspace at Klamath Falls, 

OR. Decommissioning of the Merrill 


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Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Rules and Regulations 63707 

Non-Directional Radio Beacon (NDB) at 

Klamath Falls Airport has made this 

action necessary for the safety and 

management of Instrument Flight Rules 

(IFR) operations at the airport. This 

action also will adjust the geographic 

coordinates of the airport and a 

navigation aid, and will change the 

name of the airport. 

DATES: Effective Date: 0901 UTC, 

January 13, 2011. 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: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue, SW., Renton, WA 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

History 

On August 16, 2010, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to amend 

controlled airspace at Klamath Falls, OR 

(75 FR 49866). 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 D and Class E airspace 

designations are published in paragraph 

5000, 6002, 6004 and 6005, respectively, 

of FAA Order 7400.9U dated August 18, 

2010, and effective September 15, 2010, 

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 Klamath Falls Airport, Klamath Falls, 

OR. Decommissioning of the Merrill 

NDB and cancellation of the NDB 

approach has made this action 

necessary for the safety and 

management of IFR operations at the 

airport. The geographic coordinates of 

the Klamath Falls Airport, and the 

Klamath Falls VHF Omni-Directional 

Radio Range Tactical Air Navigation 

Aid (VORTAC), listed in the 

descriptions of the Class D and Class E 

airspace areas, will be adjusted in 

accordance with the FAA’s National 

Aeronautical Navigation Services 

(NANS). The airport name will be 

corrected from Klamath Falls 

International Airport to Klamath Falls 

Airport. 

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 modifies 

controlled airspace at Klamath Falls 

Airport, Klamath Falls, OR. 

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 Part 71.1 of the Federal Aviation 

Administration Order 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, and 

effective September 15, 2010 is 

amended as follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

ANM OR D Klamath Falls, OR [Amended] 

Klamath Falls Airport, OR 

(Lat. 42°09′22′′ N., long. 121°44′00′′ W.) 

That airspace extending upward from the 

surface to and including 6,600 feet MSL 

within a 5.4-mile radius of Klamath Falls 

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 Airspace 

Designated as Surface Areas. 

* * * * * 

ANM OR E2 Klamath Falls, OR [Amended] 

Klamath Falls Airport, OR 

(Lat. 42°09′22′′ N., long. 121°44′00′′ W.) 

Within a 5.4-mile radius of Klamath Falls 

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 6004 Class E Airspace 

Designated as an Extension to a Class D 

Surface Area. 

* * * * * 

ANM OR E4 Klamath Falls, OR [Amended] 

Klamath Falls Airport, OR 

(Lat. 42°09′22′′ N., long. 121°44′00′′ W.) 

Klamath Falls VORTAC 

(Lat. 42°09′11′′ N., long. 121°43′39′′ W.) 

That airspace extending upward from the 

surface within 3.5 miles east and 1.8 miles 

west of the Klamath Falls VORTAC 171° 

radial extending from the 5.4-mile radius of 

Klamath Falls Airport to 7.4 miles south of 

the VORTAC, and within 1.8 miles each side 

of the Klamath Falls VORTAC 332° radial 

extending from the 5.4-mile radius of the 

airport to 9.6 miles northwest of the 

VORTAC. 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ANM OR E5 Klamath Falls, OR [Modified] 

Klamath Falls Airport, OR 

(Lat. 42°09′22′′ N., long. 121°44′00′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 13.1-mile 

radius of Klamath Falls Airport, and within 

4.3 miles east and 8.3 miles west of the 158° 

bearing from the airport extending from the 

13.1-mile radius to 27.2 miles south of the 

airport; that airspace extending upward from 

1,200 feet above the surface between the 

13.1-mile radius and the 21.8-mile radius of 

the Klamath Falls Airport; that airspace 

extending upward from 7,500 feet MSL 

within the area bounded by the 21.8-mile 

radius and the 34.8-mile radius of the 


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63708 Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Rules and Regulations 

Klamath Falls Airport extending clockwise 

from the airport 095° bearing to a line 4.3 

miles east of and parallel to the airport 165° 

bearing, and within the area bounded by the 

21.8-mile radius and the 34.8-mile radius of 

the Klamath Falls Airport extending 

clockwise from the airport 245° bearing to the 

airport 295° bearing; that airspace extending 

upward from 7,700 feet MSL within the area 

bounded by the 21.8-mile radius and the 

27.9-mile radius of the Klamath Falls Airport 

extending clockwise from the airport 332° 

bearing to a line 7.9 miles northeast of and 

parallel to the airport 332° bearing; that 

airspace extending upward from 8,600 feet 

MSL within the area bounded by the 21.8- 

mile radius and the 41.8-mile radius of the 

Klamath Falls Airport extending clockwise 

from a line 4.3 miles east of and parallel to 

the airport 165° bearing to a line 10.1 miles 

west of and parallel to the airport 181° 

bearing; that airspace extending upward from 

9,000 feet MSL within the area bounded by 

the 21.8-mile radius and the 34.8-mile radius 

of the Klamath Falls Airport extending 

clockwise from the airport 320° bearing to the 

airport 095° bearing; that airspace extending 

upward from 9,500 feet MSL within the area 

bounded by the 21.8-mile radius and the 

34.8-mile radius of the Klamath Falls Airport 

extending clockwise from a line 10.1 miles 

west of and parallel to the airport 181° 

bearing to the airport 245° bearing, and 

within the area bounded by the 21.8-mile 

radius and the 24.4-mile radius of the 

Klamath Falls Airport extending clockwise 

from the airport 295° bearing to the airport 

320° bearing; and that airspace extending 

from 11,000 feet MSL within the area 

bounded by the 24.4-mile radius and the 

34.8-mile radius of the Klamath Falls Airport 

extending clockwise from the airport 295° 

bearing to the airport 320° bearing. 

Issued in Seattle, Washington, on October 

6, 2010. 

John Warner, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2010–26091 Filed 10–15–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0650; Airspace 

Docket No. 10–AWP–9] 

Establishment of Class E Airspace; 

Kalaupapa, HI 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action will establish 

Class E airspace at Kalaupapa, HI, to 

accommodate aircraft using a new Area 

Navigation (RNAV) Global Positioning 

System (GPS) Standard Instrument 

Approach Procedures (SIAPs) at 

Kalaupapa Airport. This will improve 

the safety and management of 

Instrument Flight Rules (IFR) operations 

at the airport. 

DATES: Effective Date: 0901 UTC, 

January 13, 2011. 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: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue, SW., Renton, WA 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

History 

On August 16, 2010, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to 

establish controlled airspace at 

Kalaupapa, HI (75 FR 49868). 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 7400.9U dated August 18, 2010, 

and effective September 15, 2010, which 

is incorporated by reference in 14 CFR 

Part 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 surface airspace 

extending upward from 700 feet above 

the surface, at Kalaupapa Airport, to 

accommodate IFR aircraft executing 

new RNAV (GPS) SIAPs 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 Kalaupapa 

Airport, Kalaupapa, HI. 

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 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, and 

effective September 15, 2010 is 

amended as follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

AWP HI E5 Kalaupapa, HI [New] 

Kalaupapa Airport, HI 

(Lat. 21°12′40′′ N., long. 156°58′25′′ W.) 

That airspace extending from 700 feet 

above the surface within a 6.3-mile radius of 

the Kalaupapa Airport. 

Issued in Seattle, Washington, on October 

6, 2010. 

John Warner, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2010–26095 Filed 10–15–10; 8:45 am] 

BILLING CODE 4910–13–P 


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