17068 Federal Register / Vol. 62, No. 68 / Wednesday, April 9, 1997 / Rules and Regulations

Windsor Locks, CT, Bradley Intl, GPS RWY

15, Amdt 2

Apalachicola, FL, Apalachicola Muni, NDB

RWY 13, Orig

Apalachicola, FL, Apalachicola Muni, NDB

RWY 31, Orig

Sterling Rockfalls, IL, Whiteside County

Airport—Joseph H. Bittorf Field, ILS RWY

25, Amdt 10

Sterling Rockfalls, IL, Whiteside County

Airport—Joseph H. Bittorf Field, NDB or

GPS RWY 7, Amdt 5

Sterling Rockfalls, IL, Whiteside County

Airport—Joseph H. Bittorf Field, LOC BC

RWY 7, Amdt 5

Wabash, IN, Wabash Muni, GPS RWY 27,

Orig

Bangor, ME, Bangor Intl, ILS RWY 15, Amdt

4

Bedford, MA, Laurence G. Hanscom Fld,

NDB RWY 11, Amdt 21

Bedford, MA, Laurence G. Hanscom Fld, ILS

RWY 11, Amdt 24

Sturgis, MI, Kirsch Muni, GPS RWY 18, Orig

Eveleth, MN, Eveleth-Virginia Muni, VOR/

DME RNAV RWY 27, Amdt 2

Eveleth, MN, Eveleth-Virginia Muni, VOR/

DME or GPS–A, Amdt 1

Hibbing, MN, Chisholm-Hibbing, VOR or

GPS RWY 13, Amdt 12

Hibbing, MN, Chisholm-Hibbing, VOR or

GPS RWY 31, Amdt 16

Hibbing, MN, Chisholm-Hibbing, LOC BC

RWY 13, Amdt 11

Hibbing, MN, Chisholm-Hibbing, ILS RWY

31, Amdt 11

St Cloud, MN, St Cloud Regional, VOR/DME

RWY 13, Amdt 8

St Cloud, MN, St Cloud Regional, VOR RWY

31, Amdt 11

St Cloud, MN, St Cloud Regional, ILS RWY

31, Amdt 2

St Cloud, MN, St Cloud Regional, NDB or

GPS RWY 31, Amdt 2

Roswell, NM, Roswell Industrial Air Center,

VOR or GPS–A, Amdt 8

Roswell, NM, Roswell Industrial Air Center,

NDB RWY 21, Amdt 16

Roswell, NM, Roswell Industrial Air Center,

ILS RWY 21, Amdt 17

Roswell, NM, Roswell Industrial Air Center,

VOR/DME RNAV RWY 35, Amdt 3

Roswell, NM, Roswell Industrial Air Center,

GPS RWY 21, Orig

Canandaigua, NY, Canandaigua, VOR–A,

Orig

Burlington, NC, Burlington-Alamance

Regional, VOR or GPS RWY 10, Amdt 7A,

CANCELLED

Oakes, ND, Oakes Muni, GPS RWY 30, Orig

Batavia, OH, Clermont County, VOR or GPS–

B, Amdt 5

Cincinnati, OH, Cincinnati-Blue Ash, NDB

RWY 6, Amdt 1

Cincinnati, OH, Cincinnati-Blue Ash, NDB or

GPS RWY 24, Amdt 1

Cincinnati, OH, Cincinnati-Blue Ash, GPS

RWY 6, Amdt 1

Cincinnati, OH, Cincinnati Muni AirportLunken Field, LOC BC RWY 3R, Amdt 8

Cincinnati, OH, Cincinnati Muni AirportLunken Field, NDB or GPS RWY 21L,

Amdt 12

Cincinnati, OH, Cincinnati Muni AirportLunken Field, NDB or GPS RWY 25, Amdt

7

Cincinnati, OH, Cincinnati Muni AirportLunken Field, ILS RWY 21L, Amdt 15

Roseburg, OR, Roseburg Regional, VOR–A,

Amdt 6

Roseburg, OR, Roseburg Regional, GPS–A,

Orig

Allentown, PA, Allentown Queen City Muni,

VOR or GPS–B, Amdt 5

Lemmon, SD, Lemmon Muni, GPS RWY 29,

Orig

St George, UT, St George Muni, GPS RWY 34,

Orig

Marion/Wytheville, VA, Mountain Empire,

LOC RWY 26, Amdt 1

Marion/Wytheville, VA, Mountain Empire,

NDB RWY 26, Amdt 1

Richmond, VA, Richmond International,

VOR RWY 34, Amdt 21

Richmond, VA, Richmond International, GPS

RWY 34, Orig

Ephraim, WI, Ephraim-Fish Creek, GPS RWY

32, Orig

[FR Doc. 97–9147 Filed 4–8–97; 8:45 am]

BILLING CODE 4910–13–M

COMMODITY FUTURES TRADING

COMMISSION

17 CFR Part 145

Commission Records and Information

AGENCY: Commodity Futures Trading

Commission.

ACTION: Final rule.

SUMMARY: The Commodity Futures

Trading Commission (‘‘Commission’’ or

‘‘CFTC’’) is amending its rules relating

to Commission records and information.

The modifications implement the

portions of the Electronic Freedom of

Information Act Amendments of 1996

which become effective March 31, 1997.

As these modifications involve solely

agency procedure and practice, public

comment is not being sought.

EFFECTIVE DATE: March 31, 1997.

ADDRESSES: Jean A. Webb, Secretary of

the Commission, Commodity Futures

Trading Commission, Three Lafayette

Centre, 1155 21st Street, NW,

Washington, DC 20581; or by electronic

mail to secretary@cftc.gov.

FOR FURTHER INFORMATION CONTACT:

Merry Lymn, Assistant General Counsel,

Office of the General Counsel,

Commodity Futures Trading

Commission, Three Lafayette Centre,

1155 21st Street, NW, Washington, DC

20581. Telephone: (202) 418–5120.

SUPPLEMENTARY INFORMATION:

I. Background—Need for Revisions

The Electronic Freedom of

Information Act Amendments of 1996,

Public Law 104–231, 110 Stat. 3048

(1996) (‘‘EFOIA’’), amended the

Freedom of Information Act (‘‘FOIA’’) (5

U.S.C. 552) to facilitate the

dissemination of agency records created

and retained in electronic formats and

to assist requesters in obtaining

information in the form or format most

useful to them. EFOIA provides dates by

which certain provisions must be

implemented. This notice sets forth the

Commission’s modifications of its

regulations found at 17 CFR Part 145 to

implement those EFOIA provisions with

a March 31, 1997 effective date. EFOIA

provisions with a later effective date

will be treated subsequently.

A. Definitions

1. EFOIA Definition

Section 3 of EFOIA amends FOIA by

modifying its definition of ‘‘record.’’

Consequently, the Commission is

revising its definition of ‘‘record’’ found

at 17 CFR 145.0 to conform to EFOIA

usage. Furthermore, because the current

definition is inconsistent with United

States Dep’t of Justice v. Tax Analysts,

492 U.S. 136, 144–145, 149–154 (1989)

(court opinions in agency files held to

be agency records), and the

Commission’s subsequent practice, the

definition of ‘‘record’’ is also revised by

deleting the sentence ‘‘Further, the term

‘records,’ as used in this Part, does not

include materials such as Federal

Register notices or court filings that are

available from public sources other than

the Commission.’’

2. Alphabetical Order

The definitional section of Part 145 is

not in alphabetical order. The

Commission believes that re-ordering

the definitions alphabetically will make

it easier for the user and will facilitate

adding or deleting definitions in the

future. Consequently, the new

definitional section is alphabetized.

Additionally, some of the existing

definitions are redrafted to conform to

the revised format.

B. Availability of Records

Under Section 5 of EFOIA, the

Commission is required to make records

available in any form or format

requested if the Commission can readily

reproduce them in that form or format.

Accordingly, the Commission is

amending § 145.7 to indicate that

requesters should specify the form or

format (including electronic formats) in

which they prefer to receive a response.

When requesters do not specify the form

or format for a response, the

Commission will respond in the form or

format in which the document is most

accessible to the Commission.
Federal Register / Vol. 62, No. 68 / Wednesday, April 9, 1997 / Rules and Regulations 17069

C. Reference Materials and Guides

In accordance with Section 11 of

EFOIA, as of March 31, 1997,

individuals may obtain a guide for

requesting records or information from

the Commission which includes an

index of all publicly available

information of the Commission; a

description of major information and

record locator systems maintained by

the Commission; and guidance for

obtaining various types and categories

of public information from the

Commission. These reference materials

will be available at Commission offices

for public inspection and copying, and

by writing or telephoning the

Commission. Consequently, the

Commission is modifying §§ 145.2 and

145.7 to include information about

access to these materials.

II. Related Matters

Regulatory Flexibility Act

The Regulatory Flexibility Act

(‘‘RFA’’), 5 U.S.C. 601, et seq. (1988),

requires that agencies, in proposing

rules, consider the impact of those rules

on small businesses. The Commission

has previously determined, pursuant to

5 U.S.C. 605(b), that Part 145 rules

relating to Commission records and

information do not have a significant

economic impact on a substantial

number of small entities. Because they

do not impose regulatory obligations on

commodity professionals and small

commodity firms, and because the

amendments will enhance the FOIA

process, the Commission does not

expect the rule to have a significant

economic impact on a substantial

number of small business entities.

Accordingly, pursuant to Rule 3(a) of

the RFA (5 U.S.C. 605(b)), the

Chairperson, on behalf of the

Commission, certifies that this rule will

not have a significant economic impact

on a substantial number of small

entities. The Commission nonetheless

invites comment from any member of

the public who believes that these

revisions would have a significant

impact on small businesses.

List of Subjects in 17 CFR Part 145

Confidential business treatment,

Freedom of information.

For the reasons set forth in the

preamble, Title 17, Part 145 is amended

as follows:

PART 145—COMMISSION RECORDS

AND INFORMATION

1. The authority for Part 145 is revised

to read:

Authority: Pub. L. 104–231, 110 Stat. 3048,

Pub. L. 99–570, 100 Stat. 3207, Pub. L. 89–

554, 80 Stat. 383, Pub. L. 90–23, 81 Stat. 54,

Pub. L. 93–502, 88 Stat. 1561–1564 (5 U.S.C.

552); Sec. 101(a), Pub. L. 93–463, 88 Stat.

1389 (5 U.S.C. 4a(j)); unless otherwise noted.

2. § 145.0 is revised to read as follows:

§ 145.0 Definitions.

For the purposes of Part 145 the

following definitions are applicable:

Assistant Secretary—refers to the

Assistant Secretary of the Commission

for FOI, Privacy and Sunshine Acts

Compliance.

Compliance Staff—refers to the FOI,

Privacy and Sunshine Acts Compliance

staff of the Office of the Secretariat at

the Commission’s principal office in

Washington, DC assigned to respond to

requests for information and to handle

various other matters under the

Freedom of Information Act, the Privacy

Act of 1974, and the Government in the

Sunshine Act.

Public Records—in addition to the

records described in § 145.1 (material

published in the Federal Register) and

in § 145.2 (records required to be made

publicly available under the Freedom of

Information Act), includes those records

that have been determined by the

Commission to be generally available to

the public directly upon oral or written

request from the Commission office or

division responsible for the

maintenance of such records. A

compilation of Commission records

routinely available to the public upon

request appears in Appendix A to this

Part 145.

Nonpublic records—are records not

identified in § 145.1, § 145.2, or

Appendix A of this Part 145. Nonpublic

records must be requested, in writing, in

accordance with the provisions of

§ 145.7.

Record—is any information or agency

record maintained by the Commission

in any format, including an electronic

format. It includes any document,

writing, photograph, sound or magnetic

recording, videotape, microfiche,

drawing, or computer-stored

information or output in the possession

of the Commission. The term ‘‘record’’

does not include personal convenience

materials over which the Commission

has no control, such as appointment

calendars and handwritten notes, which

may be retained or destroyed at an

employee’s discretion.

3. Section 145.2 is revised to read as

follows:

§ 145.2 Records available for public

inspection and copying; documents

published and indexed.

Except as provided in § 145.5,

pertaining to nonpublic matters, and in

addition to those documents listed in

Appendix A to Part 145, Compilation of

Commission Records Available to the

Public, the following materials are

available for public inspection and

copying during normal business hours

at the Commission’s Public Reading

Room, located at the principal office of

the Commission in Washington, DC and

at the regional offices of the

Commission:

(a) A guide for requesting records or

publicly available information from the

Commission which includes:

(1) An index of all publicly available

information of the Commission;

(2) A description of major information

and record locator systems;

(3) Guidance for obtaining various

types and categories of public

information from the Commission;

(b) Final opinions and orders of the

Commission in the adjudication of

cases, including concurring and

dissenting opinions;

(c) Statements of policy and

interpretations which have been

adopted by the Commission and are not

published in the Federal Register;

(d) Records released in response to

FOIA requests that have been, or the

Commission anticipates will be, the

subject of additional FOIA requests;

(e) Administrative manuals and

instructions that affect the public; and

(f) Indices providing identifying

information to the public as to the

materials made available pursuant to

paragraphs (a) through (e) of this

section.

4. § 145.7 is amended by adding an

introductory paragraph and revising

paragraph (a) to read as follows:

§ 145.7 Requests for Commission records

and copies thereof.

Requests for Commission records and

copies thereof shall specify the

preferred form or format (including

electronic formats) of the response. The

Commission will accommodate

requesters as to form or format if the

record is readily available in that form

or format. When requesters do not

specify the form or format of the

response, the Commission will respond

in the form or format in which the

document is most accessible to the

Commission.

(a) Public inquiries and inspection of

public records. Information concerning

the nature and extent of available public

records may be obtained in person, by

telephone, via Internet (http://

www.cftc.gov), or by writing to the

Commission offices designated in

§§ 145.2 and 145.6.

* * * * *

Issued by the Commission.
17070 Federal Register / Vol. 62, No. 68 / Wednesday, April 9, 1997 / Rules and Regulations

Dated: April 3, 1997.

Jean A. Webb,

Secretary of the Commission, Commodity

Futures Trading Commission.

[FR Doc. 97–9003 Filed 4–8–97; 8:45 am]

BILLING CODE 6351–01–P

DEPARTMENT OF DEFENSE

Department of the Air Force

32 CFR Part 806b

[Air Force Reg. 12–35]

Air Force Privacy Act Program

AGENCY: Department of the Air Force,

DOD.

ACTION: Final rule.

SUMMARY: The Department of the Air

Force is amending its Privacy Act

regulation to add an exemption to the

system of records identified as F111 AF

JA B, Courts-Martial and Article 15

Records.

EFFECTIVE DATE: March 31, 1997.

FOR FURTHER INFORMATION CONTACT: Ms.

Anne Rollins at (703) 697–8674 or DSN

227–8674.

SUPPLEMENTARY INFORMATION:

Executive Order 12866. It has been

determined that this Privacy Act rule for

the Department of Defense does not

constitute ‘significant regulatory action’.

Analysis of the rule indicates that it

does not have an annual effect on the

economy of $100 million or more; does

not create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency; does not

materially alter the budgetary impact of

entitlements, grants, user fees, or loan

programs or the rights and obligations of

recipients thereof; does not raise novel

legal or policy issues arising out of legal

mandates, the President’s priorities, or

the principles set forth in Executive

Order 12866.

Regulatory Flexibility Act. It has been

determined that this Privacy Act rule for

the Department of Defense does not

have significant economic impact on a

substantial number of small entities

because it is concerned only with the

administration of Privacy Act systems of

records within the Department of

Defense.

Paperwork Reduction Act. It has been

determined that this Privacy Act rule for

the Department of Defense imposes no

information requirements beyond the

Department of Defense and that the

information collected within the

Department of Defense is necessary and

consistent with 5 U.S.C. 552a, known as

the Privacy Act, and 44 U.S.C. Chapter

35.

The Department of the Air Force is

amending its Privacy Act regulation to

add an exemption to a system of records

identified as F111 AF JA B, CourtsMartial and Article 15 Records. The

proposed rule was published on January

28, 1997 at 62 FR 4025. No comments

were received, therefore, the rule is

being adopted as final.

List of subjects in 32 CFR Part 806b

Privacy.

Accordingly, 32 CFR part 806b is

amended as follows:

Part 806b – Air Force Privacy Act Program

1. The authority citation for 32 CFR

Part 806b continues to read as follows:

Authority: Pub. L. 93–579, 88 Stat 1896 (5

U.S.C. 552a).

2. Appendix C to Part 806b is

amended by adding paragraph (b)(20) as

follows:

Appendix C to Part 806b-General and

Specific Exemptions

* * * * *

(b) Specific exemptions.***

(20) System identifier and name: F111

AF JA B, Courts-Martial and Article 15

Records.

(i) Exemption. Portions of this system

of records may be exempt pursuant to 5

U.S.C. 552a(j)(2) from the following

subsection of 5 U.S.C. 552a(c)(3), (c)(4),

(d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (H) and

(I), (e)(5), (e)(8), (f), and (g).

(ii) Exemption. Portions of this system

of records may be exempt pursuant to 5

U.S.C. 552a(k)(2) from the following

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

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

(iii) Authority: 5 U.S.C. 552a(j)(2) and

(k)(2).

(iv) Reason: (1) From subsection (c)(3)

because the release of the disclosure

accounting, for disclosures pursuant to

the routine uses published for this

system, would permit the subject of a

criminal investigation or matter under

investigation to obtain valuable

information concerning the nature of

that investigation which will present a

serious impediment to law enforcement.

(2) From subsection (c)(4) because an

exemption is being claimed for

subsection (d), this subsection will not

be applicable.

(3) From subsection (d) because

access to the records contained in this

system would inform the subject of a

criminal investigation of the existence

of that investigation, provide the subject

of the investigation with information

that might enable him to avoid detection

or apprehension, and would present a

serious impediment to law enforcement.

(4) From subsection (e)(1) because in

the course of criminal investigations

information is often obtained

concerning the violation of laws or civil

obligations of others not relating to an

active case or matter. In the interests of

effective law enforcement, it is

necessary that this information be

retained since it can aid in establishing

patterns of activity and provide valuable

leads for other agencies and future cases

that may be brought.

(5) From subsection (e)(2) because in

a criminal investigation the requirement

that information be collected to the

greatest extent possible from the subject

individual would present a serious

impediment to law enforcement in that

the subject of the investigation would be

placed on notice of the existence of the

investigation and would therefore be

able to avoid detection.

(6) From subsection (e)(3) because the

requirement that individuals supplying

information be provided with a form

stating the requirements of subsection

(e)(3) would constitute a serious

impediment to law enforcement in that

it could compromise the existence of a

confidential investigation, reveal the

identity of confidential sources of

information and endanger the life and

physical safety of confidential

informants.

(7) From subsections (e)(4)(G) and (H)

because this system of records is exempt

from individual access pursuant to

subsections (j) and (k) of the Privacy Act

of 1974.

(8) From subsection (e)(4)(I) because

the identity of specific sources must be

withheld in order to protect the

confidentiality of the sources of

criminal and other law enforcement

information. This exemption is further

necessary to protect the privacy and

physical safety of witnesses and

informants.

(9) From subsection (e)(5) because in

the collection of information for law

enforcement purposes it is impossible to

determine in advance what information

is accurate, relevant, timely, and

complete. With the passage of time,

seemingly irrelevant or untimely

information may acquire new

significance as further investigation

brings new details to light and the

accuracy of such information can only

be determined in a court of law. The

restrictions of subsection (e)(5) would

restrict the ability of trained

investigators and intelligence analysts to

exercise their judgment in reporting on

investigations and impede the

development of intelligence necessary

for effective law enforcement.

(10) From subsection (e)(8) because

the individual notice requirements of

subsection (e)(8) could present a serious

impediment to law enforcement as this