30428 Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 / Proposed Rules

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 proposed 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 coordinates for this airspace

docket are based on North American

Datum 83. Class B airspace areas are

published in paragraph 3000 of FAA

Order 7400.9E, dated September 10,

1997, and effective September 16, 1997,

which is incorporated by reference in 14

CFR 71.1. The Class B airspace area

listed in this document will be

published subsequently in the Order.

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,

CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS;

AIRWAYS; ROUTES; AND REPORTING

POINTS

1. The authority citation for 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 7400.9E, Airspace

Designations and Reporting Points,

dated September 10, 1997, and effective

September 16, 1997, is amended as

follows:

Paragraph 3000—Subpart B-Class B Airspace

* * * * *

ASO TN B Memphis, TN [Revised]

Memphis International Airport (Primary

Airport)

(lat. 35°02′51′′ N., long. 89°58′43′′ W.)

Point of Origin

(lat. 35°03°46′′ N., long. 89°58′54′′ W.)

Boundaries

Area A. That airspace extending upward

from the surface to and including 10,000 feet

MSL within a 7-mile arc of the Point of

Origin extending clockwise from the 075°

bearing from the Point of Origin to the 275°

bearing from the Point of Origin and within

a 5-mile arc of the Point of Origin extending

clockwise from the 275° bearing from the

Point of Origin to the 075° bearing from the

Point of Origin.

Area B. That airspace extending upward

from 1,800 feet MSL to and including 10,000

feet MSL within the area bounded by a line

beginning at the 037° bearing 13-mile

position from the Point of Origin; thence

southward to the 052° bearing 10-mile

position from the Point of Origin; then

clockwise on the 10-mile arc until

intercepting the 126° bearing from the Point

of Origin; then extending southward until

intercepting the 147° bearing 15-mile

position from the Point of Origin; thence

clockwise on the 15-mile arc until

intercepting the 211° bearing from the Point

of Origin; thence northward until

intercepting the 226° bearing 11-mile

position from the Point of Origin; thence

clockwise on the 11-mile arc until

intercepting the 312° bearing from the Point

of Origin; thence northbound until

intercepting the 321° bearing 13-mile arc

from the Point of Origin; thence clockwise on

the 13-mile arc to the point of beginning and

excluding that airspace within Area A.

Area C. That airspace extending upward

from 3,000 feet MSL to and including 10,000

feet MSL within a 20-mile radius of the Point

of Origin and excluding that airspace within

Areas A and B.

Area D. That airspace extending upward

from 5,000 feet MSL to and including 10,000

feet MSL within a 30-mile radius of the Point

of Origin, excluding that airspace northwest

of a line from the 295° bearing 30-mile

position from the Point of Origin to the 352°

bearing 30-mile position from the Point of

Origin, excluding that airspace southeast of

a line from the 114° bearing 30-mile position

from the Point of Origin to the 157° bearing

30-mile position from the Point of Origin and

excluding that airspace within Areas A, B,

and C.

* * * * *

Issued in Washington, DC, on May 28,

1998.

John S. Walker,

Program Director for Air Traffic Airspace

Management.

[FR Doc. 98–14880 Filed 6–3–98; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98–AEA–10]

Proposed Amendment to Class E

Airspace; Dunkirk, NY

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This notice proposes to

amend the Class E airspace area at

Dunkirk, NY. The development of a new

Standard Instrument Approach

Procedure (SIAP) based on the Global

Positioning System (GPS) at Angola

Airport, NY, has made this proposal

necessary. Additional controlled

airspace extending upward from 700

feet Above Ground Level (AGL) is

needed to accommodate the SIAP and

for Instrument Flight Rules (IFR)

operations at the airport.

DATES: Comments must be received on

or before July 6, 1998.

ADDRESSES: Send comments on the

proposal in triplicate to: Manager,

Airspace Branch, AEA–520, Docket No.

98–AEA–10, F.A.A. Eastern Region,

Federal Building # 111, John F. Kennedy

Int’l Airport, Jamaica, NY 11430.

The official docket may be examined

in the Office of the Regional Counsel,

AEA–7, F.A.A. Eastern Region, Federal

Building # 111, John F. Kennedy

International Airport, Jamaica, New

York 11430.

An informal docket may also be

examined during normal business hours

in the Airspace Branch, AEA–520,

F.A.A. Eastern Region, Federal Building

# 111, John F. Kennedy International

Airport, Jamaica, NY 11430.

FOR FURTHER INFORMATION CONTACT:

Mr. Francis T. Jordan, Jr., Airspace

Specialist, Airspace Branch, AEA–520

F.A.A. Eastern Region, Federal Building

# 111, John F. Kennedy International

Airport, Jamaica, New York 11430;

telephone (718) 553–4521.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested parties are invited to

participate in this proposed rulemaking

by submitting such written data, views,

or arguments as they may desire.

Comments that provide the factual basis

supporting the views and suggestions

presented are particularly helpful in

developing reasoned regulatory

decisions on the proposal. Comments

are specifically invited on the overall

regulatory, economic, environmental,

and energy-related aspects of the

proposal. Communications should

identify the airspace docket number and

be submitted in triplicate to the address

listed above. Commenters wishing the

FAA to acknowledge receipts of their

comments on this notice must submit

with those comments a self-addressed,

stamped postcard on which the

following statement is made:

‘‘Comments to Airspace Docket No. 98–

AEA–10.’’ The postcard will be date/

time stamped and returned to the

commenter. All communications
Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 / Proposed Rules 30429

received on or before the closing date

for comments will be considered before

taking action on the proposed rule. The

proposal contained in this notice may

be change in light of comments

received. All comments submitted will

be available for examination in the

Rules Docket both before and after the

closing date for comments. A report

summarizing each substantive public

contact with the FAA personnel

concerned with this rulemaking will be

filed in the docket.

Availability of NPRMs

Any person may obtain a copy of this

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the Office of

the Regional Counsel, AEA–7, F.A.A.

Eastern Region, Federal Building # 111,

John F. Kennedy International Airport,

Jamaica, NY 11430. Communications

must identify the notice number of this

NPRM. Persons interested in being

placed on a mailing list for future

NPRMs should also request a copy of

Advisory Circular No. 11–2A, which

described the application procedure.

The Proposal

The FAA is considering an

amendment to Part 71 of the Federal

Aviation Regulations (14 CFR Part 71) to

amend the Class E airspace area at

Dunkirk, NY. A GPS RWY 1 SIAP has

been developed for the Angola Airport.

Additional controlled airspace

extending upward from 700 feet AGL is

needed to accommodate the SIAP and

for IFR operations at the airport. Class

E airspace designations for airspace

areas extending upward from 700 feet or

more above the surface are published in

Paragraph 6005 of FAA Order 7400.9E,

dated September 10, 1997, and effective

September 16, 1997, which is

incorporated by reference in 14 CFR

71.1. The Class E airspace designation

listed in this document would be

published subsequently in the Order.

The FAA has determined that this

proposed regulation only involves an

established body of technical

regulations for which frequent and

routine amendments are necessary to

keep them operationally current.

Therefore, this proposed 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 would only affect air

traffic procedures and air navigation, it

is certified that this proposed rule

would not have 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).

The Proposed Amendment

In considered of the foregoing, the

Federal Aviation Administration

proposes to amend 14 CFR Part 71 as

follows:

PART 71—[AMENDED]

1. The authority citation for 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 Federal Aviation

Administration Order 7400.9E, dated

September 10, 1997, and effective

September 16, 1997, is proposed to be

amended as follows:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

AEA NY E5 Dunkirk, NY [Revised]

Chautauqua County/Dunkirk Airport, NY

(lat. 42°29′36′′N., long. 79°16′19′′W.)

Angola Airport, NY

(lat. 42°39′37′′N., long. 78°59′28′′W.)

That airspace extending upward from 700

feet above the surface within a 6.6-mile

radius of Chautauqua County/Dunkirk

Airport and within an 11.8-mile radius of the

airport extending clockwise from a 022° to a

264° bearing from the airport and within a

6.3-mile radius of the Angola Airport and

within 4 miles each side of the 359° bearing

from the airport extending from the 6.3-mile

radius to 10.5 miles south of the airport.

* * * * *

Issued in Jamaica, New York, on May 27,

1998.

Franklin D. Hatfield,

Manager, Air Traffic Division, Eastern Region.

[FR Doc. 98–14887 Filed 6–3–98; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF JUSTICE

28 CFR Part 16

[AAG/A Order No. 152–98]

Exemption of System of Records

Under the Privacy Act

AGENCY: Department of Justice.

ACTION: Proposed rule.

SUMMARY: The Department of Justice,

Federal Bureau of Investigation,

proposes to exempt the National Instant

Criminal Background Check System

(NICS) from 5 U.S.C. 552a(c)(3) and (4);

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

(e)(5) and (8); and (g). The purpose of

the proposed rule is to exempt the NICS

from certain requirements of the Privacy

Act for the reasons specified below. The

exemptions are necessary because some

information in NICS is from law

enforcement records. Therefore, to the

extent that they may be subject to

exemption under subsections (j)(2),

(k)(2), and (k)(3), these records are not

available under the Privacy Act and not

subject to certain of its procedures such

as obtaining an accounting of

disclosures, notification, access, or

amendment/correction.

DATES: Comments must be submitted on

or before July 6, 1998.

ADDRESSES: All comments should be

submitted to Patricia E. Neely, Program

Analyst, Information Management and

Security Staff, Justice Management

Division, Department of Justice,

Washington, DC 20530 (Room 850,

WCTR Building).

FOR FURTHER INFORMATION CONTACT:

Patricia E. Neely, (202) 616–0178.

SUPPLEMENTARY INFORMATION: In the

notice section of today’s Federal

Register, the Department of Justice

provides a description of the ‘‘National

Instant Criminal Background Check

System (NICS), JUSTICE/FBI–018.’’ Also

in the rules section of today’s Federal

Register, the Department of Justice

provides proposed rules to establish

policies and procedures for operating

the system, ensuring the privacy and

security of the NICS, and implementing

its alternative access and appeal

provisions.

This order relates to individuals

rather than small business entities.

Nevertheless, pursuant to the

requirements of the Regulatory

Flexibility Act, 5 U.S.C. 601–612, it is

hereby stated that this order will not

have ‘‘a significant economic impact on

a substantial number of small entities.’’

List of Subjects in 28 CFR Part 16

Administrative Practices and

Procedures, Courts, Freedom of

Information Act, Government in the

Sunshine Act, and the Privacy Act.

Dated: May 7, 1998.

Stephen R. Colgate,

Assistant Attorney General for

Administration.

Pursuant to the authority vested in the

Attorney General by 5 U.S.C. 552a and

delegated to me by Attorney General

Order 793–78, it is proposed to revise 28

CFR part 16, as set forth below.