17912 Federal Register / Vol. 74, No. 74 / Monday, April 20, 2009 / Proposed Rules 

to the Docket Management Facility (see 

ADDRESSES section for address and 

phone number). You may also submit 

comments through the Internet at http:// 

www.regulations.gov. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to FAA 

Docket No. FAA–2009–0248 and 

Airspace Docket No. 09–AWP–2.’’ The 

postcard will be date/time stamped and 

returned to the commenter. 

All communications received on or 

before the specified closing date for 

comments will be considered before 

taking action on the proposed rule. The 

proposal contained in this action may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

closing date for comments. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s web page at http:// 

www.faa.gov/airports_airtraffic/ 

air_traffic/publications/ 

airspace_amendments/. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for address and 

phone number) between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. An informal docket 

may also be examined during normal 

business hours at the office of the 

Western Service Center, Operations 

Support Group, Federal Aviation 

Administration, 1601 Lind Avenue, 

SW., Renton, WA 98055. 

Persons interested in being placed on 

a mailing list for future NPRMs should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, for a copy of Advisory 

Circular No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

History 

In November 2008, Albuquerque 

ARTCC requested the establishment of a 

new airway for the coordination of 

border crossing flights between Mexico 

and the United States. This action 

responds to that request. 

The Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) part 71 to establish VOR 

Federal Airway 625 (V–625) between 

the Nogales, AZ, Very High Frequency 

Omnidirectional Range/Tactical Air 

Navigation (VORTAC) and the ULAPI, 

AZ, intersection. Specifically, the FAA 

is proposing this action to establish a 

coordination point to facilitate border 

crossing flights between Mexico and the 

United States. 

Domestic VOR Federal Airways are 

published in paragraph 6010(a) of FAA 

Order 7400.9S, signed October 3, 2008 

and effective October 31, 2008, which is 

incorporated by reference in 14 CFR 

71.1. The Domestic VOR Federal Airway 

listed in this document will 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 Department of 

Transportation (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 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 the 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 a VOR Federal Airway in 

Arizona. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures,’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 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(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 7400.9S, 

Airspace Designations and Reporting 

Points, signed October 3, 2008 and 

effective October 31, 2008, is amended 

as follows: 

Paragraph 6010(a) Domestic VOR Federal 

Airways. 

* * * * * 

V–625 [New] 

From Nogales, AZ, to int Nogales 154T/ 

142M excluding that airspace in Mexico. 

* * * * * 

Issued in Washington, DC, on April 13, 

2009. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. E9–8969 Filed 4–17–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0089; Airspace 

Docket No. 09–ASW–4] 

Proposed Amendment of Class E 

Airspace; Devine, TX 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class E airspace at Devine, TX. 

Additional controlled airspace is 

necessary to accommodate new 

Standard Instrument Approach 


rmajette on PRODPC74 with PROPOSALS
Federal Register / Vol. 74, No. 74 / Monday, April 20, 2009 / Proposed Rules 17913 

Procedures (SIAPs) at Devine Municipal 

Airport, Devine, TX. This action also 

would update the geographic 

coordinates of the Devine RBN to 

coincide with the FAA’s National 

Aeronautical Charting Office. The FAA 

is taking this action to enhance the 

safety and management of Instrument 

Flight Rules (IFR) aircraft operations at 

Devine Municipal Airport. 

DATES: 0901 UTC. Comments must be 

received on or before June 4, 2009. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. You must 

identify the docket number FAA–2009– 

0089/Airspace Docket No. 09–ASW–4, 

at the beginning of your comments. You 

may also submit comments on the 

Internet at http://www.regulations.gov. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

Docket Office (telephone 1–800–647– 

5527), is on the ground floor of the 

building at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76193–0530; telephone: (817) 

321–7716. 

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, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address listed above. 

Commenters wishing the FAA to 

acknowledge receipt 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 

Docket No. FAA–2009–0089/Airspace 

Docket No. 09–ASW–4.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s Web page at http:// 

www.faa.gov/airports_airtraffic/ 

air_traffic/publications/ 

airspace_amendments/. 

Additionally, any person may obtain 

a copy of this notice by submitting a 

request to the Federal Aviation 

Administration (FAA), Office of Air 

Traffic Airspace Management, ATA– 

400, 800 Independence Avenue, SW., 

Washington, DC 20591, or by calling 

(202) 267–8783. Communications must 

identify both docket numbers for this 

notice. Persons interested in being 

placed on a mailing list for future 

NPRMs should contact the FAA’s Office 

of Rulemaking, (202) 267–9677, to 

request a copy of Advisory Circular No. 

11–2A, Notice of Proposed Rulemaking 

Distribution System, which describes 

the application procedure. 

The Proposal 

This action proposes to amend Title 

14, Code of Federal Regulations (14 

CFR), part 71 by adding additional Class 

E airspace for SIAPs operations at 

Devine Municipal Airport, Devine, TX. 

The area would be depicted on 

appropriate aeronautical charts. This 

action also would update the geographic 

coordinates of the Devine RBN to 

coincide with the FAA’s National 

Aeronautical Charting Office. 

Class E airspace areas are published 

in Paragraph 6005 of FAA Order 

7400.9S, dated October 3, 2008, and 

effective October 31, 2008, 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. 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 will 

only affect air traffic procedures and air 

navigation, it is certified that 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 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 would add 

additional controlled airspace at Devine 

Municipal Airport, Devine, TX. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND 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 Federal Aviation 

Administration Order 7400.9S, Airspace 

Designations and Reporting Points, 

dated October 3, 2008, and effective 

October 31, 2008, is amended as 

follows: 

Paragraph 6005 Class E Airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ASW TX E5 Devine, TX [Amended] 

Devine Municipal Airport, TX 

(Lat. 29°08′18′′ N., long. 98°56′31′′ W.) 

Devine RBN 

(Lat. 29°08′18′′ N., long. 98°56′21′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.3-mile 

radius of Devine Municipal Airport and 

within 4 miles each side of the 173° bearing 

from the airport extending from the 6.5-mile 

radius to 10.5 miles south of the airport, and 

within 2.6 miles each side of the 183° bearing 

from the Devine RBN extending from the 6.3- 

mile radius to 16 miles south of the RBN. 

* * * * * 


rmajette on PRODPC74 with PROPOSALS
17914 Federal Register / Vol. 74, No. 74 / Monday, April 20, 2009 / Proposed Rules 

1See also FTC Rule 4.2(d), 16 CFR 4.2(d). The 

comment must be accompanied by an explicit 

request for confidential treatment, including the 

factual and legal basis for the request, and must 

identify the specific portions of the comment to be 

withheld from the public record. The request will 

be granted or denied by the Commission’s General 

Counsel, consistent with applicable law and the 

public interest. See FTC Rule 4.9(c), 16 CFR 4.9(c). 

2 American Recovery & Reinvestment Act of 

2009, Pub. L. 111–5, __ Stat. __. 

3 Health Insurance Portability & Accountability 

Act, Pub. L. 104–191, 110 Stat. 1936 (1996). 

Issued in Fort Worth, TX, on April 6, 2009. 

Anthony D. Roetzel, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. E9–9050 Filed 4–17–09; 8:45 am] 

BILLING CODE 4901–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 318 

[RIN 3084–AB17] 

Health Breach Notification Rule 

AGENCY: Federal Trade Commission 

(FTC). 

ACTION: Notice of proposed rulemaking; 

request for public comment. 

SUMMARY: Under the American Recovery 

and Reinvestment Act of 2009 (the 

‘‘Recovery Act’’ or ‘‘the Act’’), the 

Federal Trade Commission (‘‘FTC’’) or 

(‘‘Commission’’) must issue rules 

requiring vendors of personal health 

records and related entities to notify 

individuals when the security of their 

individually identifiable health 

information is breached. Accordingly, 

the FTC seeks comment on a proposed 

rule. 

DATES: Comments must be received on 

or before June 1, 2009. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form. 

Comments should refer to ‘‘Health 

Breach Notification Rulemaking, Project 

No. R911002’’ to facilitate the 

organization of comments. Please note 

that your comment—including your 

name and your state—will be placed on 

the public record of this proceeding, 

including on the publicly accessible 

FTC website, at (http://www.ftc.gov/os/ 

publiccomments.shtm). 

Because comments will be made 

public, they should not include any 

sensitive personal information, such as 

an individual’s Social Security number; 

date of birth; driver’s license number, 

state identification number, or foreign 

country equivalent; passport number; 

financial account number; or credit or 

debit card number. Comments also 

should not include any sensitive health 

information, such as medical records or 

other individually identifiable health 

information. In addition, comments 

should not include any ‘‘[t]rade secret or 

any commercial or financial information 

which is obtained from any person and 

which is privileged or confidential 

* * *,’’ as provided in Section 6(f) of 

the FTC Act, 15 U.S.C. 46(f), and FTC 

Rule 4.10(a)(2), 16 CFR 4.10(a)(2). 

Comments containing material for 

which confidential treatment is 

requested must be filed in paper form, 

must be clearly labeled ‘‘Confidential,’’ 

and must comply with FTC Rule 4.9(c), 

16 CFR 4.9(c).1

Because paper mail addressed to the 

FTC is subject to delay due to 

heightened security screening, please 

consider submitting your comments in 

electronic form. Comments filed in 

electronic form should be submitted by 

using the weblink (https:// 

secure.commentworks.com/ftchealthbreachnotification), and following 

the instructions on the web-based form. 

To ensure that the Commission 

considers an electronic comment, you 

must file it on the web-based form at the 

weblink (https:// 

secure.commentworks.com/ftchealthbreachnotification). If this Notice 

appears at (http://www.regulations.gov/ 

search/index.jsp), you also may file an 

electronic comment through that 

website. The Commission will consider 

all comments that regulations.gov 

forwards to it. You also may visit the 

FTC website at http://www.ftc.gov to 

read the Notice and the news release 

describing it. 

A comment filed in paper form 

should include the ‘‘Health Breach 

Notification Rulemaking, Project No. 

R911002’’ reference both in the text and 

on the envelope, and should be mailed 

or delivered to the following address: 

Federal Trade Commission/Office of the 

Secretary, Room H–135 (Annex M), 600 

Pennsylvania Avenue, NW., 

Washington, DC 20580. The FTC is 

requesting that any comment filed in 

paper form be sent by courier or 

overnight service, if possible, because 

U.S. postal mail in the Washington area 

and at the Commission is subject to 

delay due to heightened security 

precautions. 

The FTC Act and other laws the 

Commission administers permit the 

collection of public comments to 

consider and use in this proceeding as 

appropriate. The Commission will 

consider all timely and responsive 

public comments that it receives, 

whether filed in paper or electronic 

form. Comments received will be 

available to the public on the FTC 

website, to the extent practicable, at 

(http://www.ftc.gov/os/ 

publiccomments.shtm). As a matter of 

discretion, the Commission makes every 

effort to remove home contact 

information for individuals from the 

public comments it receives before 

placing those comments on the FTC 

website. More information, including 

routine uses permitted by the Privacy 

Act, may be found in the FTC’s privacy 

policy, at (http://www.ftc.gov/ftc/ 

privacy.shtm). 

Comments on any proposed filing, 

recordkeeping, or disclosure 

requirements that are subject to 

paperwork burden review under the 

Paperwork Reduction Act should 

additionally be submitted to: Office of 

Information and Regulatory Affairs, 

Office of Management and Budget 

(‘‘OMB’’), Attention: Desk Officer for 

Federal Trade Commission. Comments 

should be submitted via facsimile to 

(202) 395–5167 because U.S. postal mail 

at the OMB is subject to delays due to 

heightened security precautions. 

FOR FURTHER INFORMATION CONTACT: Cora 

Tung Han or Maneesha Mithal, 

Attorneys, Division of Privacy and 

Identity Protection, Bureau of Consumer 

Protection, Federal Trade Commission, 

600 Pennsylvania Avenue, NW., 

Washington, DC 20580, (202) 326–2252. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Section-by-Section Analysis of the 

Proposed Rule 

III. Paperwork Reduction Act 

IV. Regulatory Flexibility Act 

V. Proposed Rule 

I. Background 

On February 17, 2009, President 

Obama signed the American Recovery 

and Reinvestment Act of 2009 (the 

‘‘Recovery Act’’ or ‘‘the Act’’) into law.2

The Act includes provisions to advance 

the use of health information technology 

and, at the same time, strengthen 

privacy and security protections for 

health information. 

Among other things, the Recovery Act 

recognizes that there are new types of 

web-based entities that collect 

consumers’ health information. These 

entities include vendors of personal 

health records and online applications 

that interact with such personal health 

records. Some of these entities are not 

subject to the privacy and security 

requirements of the Health Insurance 

Portability and Accountability Act 

(‘‘HIPAA’’).3 For such entities, the 

Recovery Act requires the Department of 

Health and Human Services (‘‘HHS’’) to 


rmajette on PRODPC74 with PROPOSALS