34880 Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations 

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 would 

amend Class E airspace at Taos Regional 

Airport, Taos, NM. 

History 

On March 7, 2016, the FAA published 

in the Federal Register a notice of 

proposed rulemaking (NPRM) to modify 

Class E airspace extending upward from 

700 feet above the surface at Taos 

Regional Airport, Taos, NM (81 FR 

11695). Interested parties were invited 

to participate in this rulemaking effort 

by submitting written comments on the 

proposal to the FAA. One comment was 

received from Mr. Robert Pigott, 

Aeronautical Information Services, 

requesting clarification of the 

overlapping 1,200 foot airspace to the 

west of Taos Regional Airport. This 

airspace existed prior to the proposed 

amendment and was not changed by the 

amendment. The 1,200 foot airspace 

exists to protect the departures and 

climb out requirements to the west due 

to high terrain east of the airport and 

allows departing aircraft to reach 

controlled airspace, and was developed 

in accordance with FAA Joint Order 

7400.2K, Procedures for Handling 

Airspace Matters. The FAA found no 

reason to change the 1,200 foot airspace 

at this time. 

Class E airspace designations are 

published in paragraph 6005 of FAA 

Order 7400.9Z, dated August 6, 2015, 

and effective September 15, 2015, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in the Order. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document amends FAA Order 

7400.9Z, Airspace Designations and 

Reporting Points, dated August 6, 2015, 

and effective September 15, 2015. FAA 

Order 7400.9Z is publicly available as 

listed in the ADDRESSES section of this 

document. FAA Order 7400.9Z lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

modifies Class E airspace extending 

upward from 700 feet above the surface 

at Taos Regional Airport, Taos, NM. 

After review, the FAA found that with 

the decommissioning of NDBs, removal 

of NDB approaches, and 

implementation of area navigation 

(RNAV) instrument approaches the 

extension to the northwest from the 6.5- 

mile radius to 9.4 miles of the Class E 

airspace extending upward from 700 

feet above the surface was no longer 

requires in accordance with airspace 

requirements specified in FAA Joint 

Order 7400.2K. 

Regulatory Notices and Analyses 

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, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore: (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 that 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. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5.a. 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. 

Lists 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 Part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 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 FAA Order 7400.9Z, 

Airspace Designations and Reporting 

Points, dated August 6, 2015, and 

effective September 15, 2015, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth 

* * * * * 

ASW NM E5 Taos, NM [Amended] 

Taos Regional Airport, NM 

(Lat. 36°27′29′′ N., long. 105°40′21′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of Taos Regional Airport; and that 

airspace extending upward from 1,200 feet 

above the surface beginning at lat. 36°07′00′′ 

N., long. 105°47′42′′ W., thence via the 21.3- 

mile arc of Taos Regional Airport clockwise 

to lat. 36°48′00′′ N., long. 105°47′35′′ W., 

thence to lat. 36°30′00′′ N., long. 105°30′02′′ 

W., thence to the point of beginning. 

Issued in Fort Worth, Texas, on May 18, 

2016. 

Walter Tweedy, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2016–12639 Filed 5–31–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2016–0525; Airspace 

Docket No. 16–AGL–1] 

Amendment of Class E Airspace for 

the Following South Dakota Towns; 

Belle Fourche, SD; Madison, SD; 

Mobrigde, SD; and Vermillion, SD 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action modifies Class E 

airspace extending upward from 700 

feet above the surface at Belle Fourche 

Municipal Airport, Belle Fourche, SD; 

Madison Municipal Airport, Madison, 

SD; Mobridge Municipal Airport, 

Mobridge, SD; and Harold Davidson 

Field, Vermillion, SD. The 


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Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations 34881 

decommissioning of non-directional 

radio beacons (NDB) and/or cancellation 

of NDB approaches due to advances in 

Global Positioning System (GPS) 

capabilities have made this action 

necessary for the safety and 

management of Instrument Flight Rules 

(IFR) operations at the above airports. 

DATES: Effective 0901 UTC, September 

15, 2016. The Director of the Federal 

Register approves this incorporation by 

reference action under Title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

ADDRESSES: FAA Order 7400.9Z, 

Airspace Designations and Reporting 

Points, and subsequent amendments can 

be viewed online at http://www.faa.gov/ 

air_traffic/publications/. For further 

information, you can contact the 

Airspace Policy Group, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC, 20591; 

telephone: 202–267–8783. The Order is 

also available for inspection at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of FAA 

Order 7400.9Z at NARA, call 202–741– 

6030, or go to http://www.archives.gov/ 

federal_register/code_of_federalregulations/ibr_locations.html. 

FAA Order 7400.9, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Claypool, Federal Aviation 

Administration, Operations Support 

Group, Central Service Center, 10101 

Hillwood Parkway, Fort Worth, TX, 

76177; telephone (817) 222–5711. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes 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 

Class E airspace at Belle Fourche 

Municipal Airport, Belle Fourche, SD; 

Madison Municipal Airport, Madison, 

SD; Mobridge Municipal Airport, 

Mobridge, SD; and Harold Davidson 

Field, Vermillion, SD. 

History 

On February 17, 2016, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to modify Class E airspace extending 

upward from 700 feet above the surface 

at Belle Fourche Municipal Airport, 

Belle Fourche, SD; Madison Municipal 

Airport, Madison, SD; Mobridge 

Municipal Airport, Mobridge, SD; and 

Harold Davidson Field, Vermillion, SD 

(81 FR 8029). 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 7400.9Z, dated August 6, 2015, 

and effective September 15, 2015, which 

is incorporated by reference in 14 CFR 

part 71.1. The Class E airspace 

designation listed in this document will 

be published subsequently in the Order. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document amends FAA Order 

7400.9Z, Airspace Designations and 

Reporting Points, dated August 6, 2015, 

and effective September 15, 2015. FAA 

Order 7400.9Z is publicly available as 

listed in the ADDRESSES section of this 

document. FAA Order 7400.9Z lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

modifies Class E airspace extending 

upward from 700 feet above the surface 

at Belle Fourche Municipal Airport, 

Belle Fourche, SD; Madison Municipal 

Airport, Madison, SD; Mobridge 

Municipal Airport, Mobridge, SD; and 

Harold Davidson Field, Vermillion, SD. 

Airspace reconfiguration is necessary 

due to the decommissioning of NDBs 

and/or the cancellation of the NDB 

approach at each airport. As a result of 

advances in GPS capabilities, controlled 

airspace is redesigned for the safety and 

management of the standard instrument 

approach procedures for IFR operations 

at the airports. 

Regulatory Notices and Analyses 

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, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore: (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 that 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. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5.a. 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. 

Lists 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 Part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 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 FAA Order 7400.9Z, 

Airspace Designations and Reporting 

Points, dated August 6, 2015, and 

effective September 15, 2015, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward from 700 Feet or More 

Abovethe Surface of the Earth 

* * * * * 

AGL SD E5 Belle Fourche, SD [Amended] 

Belle Fourche Municipal Airport, SD 

(Lat. 44°44′04′′ N., long. 103°51′43′′ W.) 

That airspace extending upward from 700 

feet above the surface within an 6.4-mile 


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34882 Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations 

radius of Belle Fourche Municipal Airport, 

and within 1 mile each side of the 142° 

bearing from Belle Fourche Municipal 

Airport extending from the 6.4 mile radius to 

7 miles southeast of the airport. 

* * * * * 

AGL SD E5 Madison, SD [Amended] 

Madison Municipal Airport, SD 

(Lat. 44°00′59′′ N., long. 97°05′08′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of Madison Municipal Airport, and 

within 2 miles each side of the 334° bearing 

from the airport extending from the 6.5-mile 

radius to 10.5 miles northwest of the airport. 

* * * * * 

AGL SD E5 Mobridge, SD [Amended] 

Mobridge Municipal Airport, SD 

(Lat. 45°32′47′′ N., long. 100°24′23′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of Mobridge Municipal Airport. 

* * * * * 

AGL SD E5 Vermillion, SD [Amended] 

Harold Davidson Field, SD 

(Lat. 42°45′55′′ N., long. 96°56′03′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.4-mile 

radius of Harold Davidson Field. 

Issued in Fort Worth, Texas, on May 18, 

2016. 

Walter Tweedy, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2016–12638 Filed 5–31–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Technical Information Service 

15 CFR Part 1110 

[Docket Number: 160511004–4999–04] 

RIN 0692–AA21 

Certification Program for Access to the 

Death Master File 

AGENCY: National Technical Information 

Service, U.S. Department of Commerce. 

ACTION: Final rule. 

SUMMARY: The National Technical 

Information Service (NTIS) issues this 

final rule establishing a program 

through which persons may become 

eligible to obtain access to Death Master 

File (DMF) information about an 

individual within three years of that 

individual’s death. This final rule 

supersedes and replaces the interim 

final rule that NTIS promulgated 

following passage of Section 203 of the 

Bipartisan Budget Act of 2013 to 

provide immediate and ongoing access 

to persons who qualified for temporary 

certification. The program established 

under this final rule contains some 

changes from the proposed rule 

published by NTIS. 

DATES: This final rule is effective 

November 28, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Brian Lieberman, Senior Counsel for 

NTIS, at blieberman@ntis.gov, or by 

telephone at 703–605–6404. Information 

about the DMF made available to the 

public by NTIS may be found at https:// 

dmf.ntis.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

This final rule is promulgated under 

Section 203 of the Bipartisan Budget Act 

of 2013, Public Law 113–67 (Act), 

passed into law on December 26, 2013. 

The Act prohibits the Secretary of 

Commerce (Secretary) from disclosing 

DMF information during the threecalendar-year period following an 

individual’s death (referred to as the 

‘‘Limited Access DMF,’’ or ‘‘LADMF’’), 

unless the person requesting the 

information has been certified to access 

that information pursuant to certain 

criteria in a program that the Secretary 

establishes. The Act further requires the 

Secretary to establish a fee-based 

program to certify Persons for access to 

LADMF. In addition, it provides for 

penalties for Persons who receive or 

distribute LADMF without being 

certified or otherwise satisfying the 

requirements of the Act. The Secretary 

has delegated the authority to carry out 

Section 203 to the Director of NTIS. 

The Act mandated that no person 

could receive LADMF without 

certification after March 26, 2014 (i.e., 

90 days from enactment of the Act). 

NTIS acted promptly to ensure that a 

suitable certification program was in 

place by that date, and to avoid 

interruption of access by legitimate 

users of the data. On March 3, 2014, 

NTIS published a Request for 

Information (RFI) and Advance Notice 

of Public Meeting on the Certification 

Program for Access to the Death Master 

File (79 FR 11735). NTIS held the public 

meeting, with webcast, on March 4, 

2014. Written comments received in 

response to the RFI, and a transcription 

of oral comments submitted at the 

public meeting, may be viewed at 

https://dmf.nist.gov. 

On March 26, 2014, NTIS published 

an interim final rule, ‘‘Temporary 

Certification Program for Access to the 

Death Master File’’ (interim final rule) 

(79 FR 16668). That rule codified an 

interim approach to implementing the 

Act’s provisions pertaining to the 

certification program and the penalties 

for violating the Act, and set out an 

interim fee schedule for the program. 

NTIS published the interim final rule in 

order to provide a mechanism for 

Persons to access LADMF immediately 

on the effective date prescribed in the 

Act. Written comments received in 

response to the Interim Final Rule may 

be viewed at http://

www.regulations.gov. 

The preambles for both the RFI and 

the interim final rule set out the specific 

provisions of the Act, and also noted 

that several Members of Congress 

described their understanding of the 

purpose and meaning of Section 203 

during Congressional debate on the Joint 

Resolution which became the Act. 

Citations to those Member statements 

were provided in the RFI, which also 

provided background on the component 

of the DMF, which originates from the 

Social Security Administration, covered 

by Section 203. The interim final rule 

was established to provide immediate 

access to the LADMF to those users who 

demonstrated a legitimate fraud 

prevention interest, or a legitimate 

business purpose for the information, 

and to otherwise delay the release of the 

LADMF to all other users, thereby 

reducing opportunities for identity theft 

and restricting information sources used 

to file fraudulent tax returns. 

In addition, in December, 2014, NTIS 

issued an initial public draft of ‘‘Limited 

Access Death Master File (Limited 

Access DMF) Certification Program 

Publication 100,’’ (Publication 100), 

available at https://dmf.ntis.gov. 

Publication 100 is the NTIS security 

guideline document for persons 

certified under this final rule. 

Publication 100 sets forth suggested 

security controls, standards and 

protocols for the protection of LADMF 

in the possession of Certified Persons. 

On December 30, 2014, NTIS 

published the proposed rule (79 FR 

78314). The proposed rule introduced 

changes, clarifications and additions to 

the interim final rule, based in part 

upon comments received. For example, 

the proposed rule introduced a ‘‘safe 

harbor’’ provision, § 1110.103, which 

would exempt a Certified Person from 

penalty for disclosure of LADMF to 

another Certified Person. The proposed 

rule set forth a provision for review, 

assessment, audit and attestation of a 

Person’s information and information 

security controls by independent, third 

party conformity assessment bodies. 

Section 1110.201 of the proposed rule 

would permit Certified Persons to 

provide the attestation of an 

‘‘Accredited Certification Body’’ (as 

defined in § 1110.2) concerning the 


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