49920 Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Rules and Regulations 

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 removes the 

Class E airspace extending upward from 

700 feet above the surface in Red Hook, 

NY, to support IFR operations in the 

area. 

History 

The FAA published a notice of 

proposed rulemaking in the Federal 

Register (86 FR 33584, June 25, 2021) 

for Docket No. FAA–2021–0472 to 

remove Class E airspace extending 

upward from 700 feet above the surface 

at Red Hook, NY, as Skypark Airport is 

abandoned and airspace is no longer 

required. 

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 7400.11E, dated July 21, 2020, 

and effective September 15, 2020, 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 

7400.11E, Airspace Designations and 

Reporting Points, dated July 21, 2020, 

and effective September 15, 2020. FAA 

Order 7400.11E is publicly available as 

listed in the ADDRESSES section of this 

document. FAA Order 7400.11E lists 

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

air traffic routes, and reporting points. 

The Rule 

The FAA is amending 14 CFR part 71 

by removing Class E airspace extending 

upward from 700 feet above the surface 

at Skypark Airport, Red Hook, NY, as 

the airport has closed. Therefore, the 

airspace is no longer necessary. This 

action enhances the safety and 

management of controlled airspace 

within the national airspace system. 

Subsequent to publication of the 

NPRM the FAA found the airport name 

was incorrectly identified as Skyhawk 

Airport. This action corrects this error. 

FAA Order 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

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. 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 minimal. Since this is a 

routine matter that only affects air traffic 

procedures an 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 5–6.5a. 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 7400.11E, 

Airspace Designations and Reporting 

Points, dated July 21, 2020, and 

effective September 15, 2020, is 

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 Red Hook, NY [Removed] 

Issued in College Park, Georgia, on 

September 1, 2021. 

Andreese C. Davis, 

Manager, Airspace & Procedures Team South, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2021–19217 Filed 9–3–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

15 CFR Part 4 

[Docket No. 210901–0175] 

RIN 0605–AA46 

Privacy Act of 1974; System of 

Records 

AGENCY: U.S. Department of Commerce, 

Office of the Secretary. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

Department of Commerce’s 

(Department) regulations under the 

Privacy Act. The Privacy Act regulations 

are being updated to make technical 

changes to include a System of Records 

Notice, COMMERCE/DEPT–27, to the 

Department’s regulations concerning 

Privacy Act general and specific 

exemptions. 

DATES: This rule is effective September 

7, 2021. 

ADDRESSES: Departmental Privacy Act 

Officer, Office of Privacy and Open 

Government, Department of Commerce, 

1401 Constitution Ave. NW, Mail Stop 

61025, Washington, DC 20230. 

FOR FURTHER INFORMATION CONTACT: 

Tahira Murphy, Departmental Privacy 

Act Officer, (202) 410–8075, Office of 

Privacy and Open Government, 

Department of Commerce, 1401 

Constitution Ave. NW, Mail Stop 61025, 

Washington, DC 20230. 

SUPPLEMENTARY INFORMATION: 

Background 

This rule updates the Department of 

Commerce’s (Department) regulations 

under the Privacy Act (5 U.S.C. 552a). 

In particular, the action amends the 

Department’s Privacy Act regulations 

regarding applicable exemptions to 

reflect new Department-wide systems of 

records notices published since the last 

time the regulations were updated. The 

updates of the Privacy Act regulations 

in Title 15 of the Code of Federal 

Regulations, subpart B of part 4 

incorporate changes to the language of 

the regulations in the following 

provisions: § 4.33 (General exemptions); 

and § 4.34 (Specific exemptions). 


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Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Rules and Regulations 49921 

Comments on the Proposed Rule 

The Office of the Secretary received 

three comments on the proposed rule 

(82 FR 56, January 3, 2017) that were 

within the scope of this rulemaking 

from members of the public. The 

comments on the proposed rule can be 

viewed and downloaded at the 

following link: https://

www.regulations.gov/document/DOC– 

2017–0003–0001/comment. No changes 

have been made to the regulatory text of 

the proposed rule in response to these 

three comments. The following are the 

comments and our corresponding 

responses. 

Comment 1: There should be no 

exemptions to the Freedom of 

Information Act (FOIA). It is in the best 

interest of the public to access 

Commerce information. 

Response: This rulemaking has 

nothing to do with FOIA. The Privacy 

Act prohibits the disclosure of a record 

about an individual from a system of 

records absent the written consent of the 

individual unless the disclosure is 

pursuant to one of twelve statutory 

exceptions. However, the Privacy Act 

does provide individuals with a means 

by which to seek access to and 

amendment of their records and sets 

forth various agency record-keeping 

requirements. 

Comment 2: Please include provision 

for each department that: Upon receipt 

of any request directed to one 

department falling in the purview of the 

other, that department’s FOIA designee 

shall immediately re-direct and/or 

forward the request to the appropriate 

department AND advise sender of the 

action taken and to whom follow-up 

requests may be made; AND if the 

request is within 72 hours prior to any 

deadline which may apply to the 

request received, a seven-day extension 

shall automatically be granted for the 

original submission forwarded to the 

proper department. 

Response: All FOIA requests are to be 

directed to eFOIA@doc.gov and will be 

distributed to the proper organization or 

individual for a response. 

Comment 3: I was redirected to this 

website from an article who’s title 

included the phrase ‘‘A simple guide.’’ 

Looking around I can see that this site 

and the information therein is anything 

but. I’m concerned with this 

administrations concerted effort at 

obfuscating and misdirecting from their 

continued efforts to take power away 

from the people and into the hands of 

the government and its corporate 

lobbyists. Naturally the Freedom of 

Information Act is of the utmost 

importance to the ability of the 

American people to discern a number of 

things concerning to them especially 

regarding the actions of our government 

and its corporate interests. So you can 

imagine that I find it disturbing when 

even this proposed rule is veiled in 

language the average American cannot 

understand. Please consider simplifying 

the language of proposed legislation so 

that the American People may 

adequately understand and comment on 

it. 

Response: This revision does not 

prevent individuals from requesting 

information through a FOIA request. 

This rule revises the Department’s 

Privacy Act regulations regarding 

applicable exemptions to reflect new 

Department-wide systems of records 

notices published since the last time the 

regulations were updated. Any 

questions regarding clarification should 

be addressed to the Department Privacy 

Act Officer. 

Changes Between the Proposed Rule 

and Final Rule 

This final rule makes no changes to 

the regulatory text of the proposed rule. 

Classification 

This final rule has been determined to 

be not significant for purposes of review 

under Executive Order 12866. In 

accordance with the Regulatory 

Flexibility Act (5 U.S.C. 605(b)), the 

Chief Counsel for Regulation has 

reviewed this rule and certified that this 

regulation, if implemented, will not 

have a significant economic impact on 

a substantial number of small entities. 

This rule is procedural in nature, and, 

therefore, will not affect requesters. This 

regulation does not contain a collection 

of information as defined by the 

Paperwork Reduction Act, 44 U.S.C. 

3501, et seq. 

List of Subjects in 15 CFR Part 4 

Appeals, Freedom of Information Act, 

Information, Privacy, Privacy Act. 

Jennifer Goode, 

Deputy Director and Acting Director of Office 

of Privacy and Open Government, and 

Departmental Privacy Officer. 

For the reasons stated in the 

preamble, the Department of Commerce 

amends 15 CFR part 4 as follows: 

PART 4—DISCLOSURE OF 

GOVERNMENT INFORMATION 

■ 1. The authority citation for part 4 

continues to read as follows: 

Authority: 5 U.S.C. 301; 5 U.S.C. 552; 5 

U.S.C. 552a; 5 U.S.C. 553; 31 U.S.C. 3717; 44 

U.S.C. 3101; Reorganization Plan No. 5 of 

1950. 

■ 2. Amend § 4.33 by adding paragraph 

(b)(5) to read as follows: 

§ 4.33 General exemptions. 

* * * * * 

(b) * * * 

(5) Investigation and Threat 

Management Records—COMMERCE/ 

DEPT–27. Pursuant to 5 U.S.C. 

552a(j)(2), these records are hereby 

determined to be exempt from all 

provisions of the Act, except 5 U.S.C. 

552a(b), (c)(l) and (2), (e)(4)(A) through 

(F), (e)(6), (7), (9), (10), and (11), and (i). 

These exemptions are necessary to 

ensure the proper functioning of the law 

enforcement activity of the agency, to 

prevent disclosure of classified 

information as required by Executive 

Order 13526, to assure the protection of 

the President, to prevent subjects of 

investigation from frustrating the 

investigatory process, to prevent the 

disclosure of investigative techniques, 

to fulfill commitments made to protect 

the confidentiality of information, and 

to avoid endangering these sources and 

law enforcement personnel. 

■ 3. Amend § 4.34 by: 

■ a. Revising paragraphs (a)(1), (b)(1), 

and paragraph (b)(2)(i) introductory text; 

■ b. Adding paragraph (b)(2)(i)(G); and 

■ c. Revising paragraph (b)(4)(i). 

The addition and revisions read as 

follows: 

§ 4.34 Specific exemptions. 

(a)(1) Certain systems of records 

under the Act that are maintained by the 

Department may occasionally contain 

material subject to 5 U.S.C. 552a(k)(1), 

relating to national defense and foreign 

policy materials. The systems of records 

published in the Federal Register by the 

Department that are within this 

exemption are: COMMERCE/BIS–1, 

COMMERCE/ITA–2, COMMERCE/ITA– 

3, COMMERCE/NOAA–11, 

COMMERCE/PAT–TM–4, COMMERCE/ 

DEPT–12, COMMERCE/DEPT–13, 

COMMERCE/DEPT–14, COMMERCE/ 

DEPT–25, and COMMERCE/DEPT–27. 

* * * * * 

(b) * * * 

(1) Exempt under 5 U.S.C. 552a(k)(1). 

The systems of records exempt 

hereunder appear in paragraph (a) of 

this section. The claims for exemption 

of COMMERCE/DEPT–12, COMMERCE/ 

BIS–1, COMMERCE/NOAA–5, 

COMMERCE/DEPT–25, and 

COMMERCE/DEPT–27 under this 

paragraph are subject to the condition 

that the general exemption claimed in 

§ 4.33(b) is held to be invalid. 

* * * * * 

(2)(i) Exempt under 5 U.S.C. 

552a(k)(2). The systems of records 


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49922 Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Rules and Regulations 

exempt (some only conditionally), the 

sections of the Act from which 

exempted, and the reasons therefor are 

as follows: 

* * * * * 

(G) Investigation and Threat 

Management Records—COMMERCE/ 

DEPT–27, but only on condition that the 

general exemption claimed in 

§ 4.33(b)(4) is held to be invalid; 

* * * * * 

(4)(i) Exempt under 5 U.S.C. 

552a(k)(5 ). The systems of records 

exempt (some only conditionally), the 

sections of the Act from which 

exempted, and the reasons therefor are 

as follows: 

(A) Applications to U.S. Merchant 

Marine Academy (USMMA)— 

COMMERCE/MA–1; 

(B) USMMA Midshipman Medical 

Files—COMMERCE/MA–17; 

(C) USMMA Midshipman Personnel 

Files—COMMERCE/MA–18; 

(D) USMMA Non-Appropriated Fund 

Employees—COMMERCE/MA–19; 

(E) Applicants for the NOAA Corps— 

COMMERCE/NOAA–I; 

(F) Commissioned Officer Official 

Personnel Folders—COMMERCE/ 

NOAA–3; 

(G) Conflict of lnterest Records, 

Appointed Officials—COMMERCE/ 

DEPT–3; 

(H) Investigative and Inspection 

Records—COMMERCE/DEPT–12, but 

only on condition that the general 

exemption claimed in § 4.33(b)(3) is 

held to be invalid; 

(I) Investigative Records—Persons 

within the Investigative Jurisdiction of 

the Department COMMERCE/DEPT–13; 

(J) Litigation, Claims, and 

Administrative Proceeding Records— 

COMMERCE/DEPT–14; 

(K) Access Control and Identity 

Management System—COMMERCE/ 

DEPT–25, but only on condition that the 

general exemption claimed in 

§ 4.33(b)(4) is held to be invalid; and 

(L) Investigation and Threat 

Management Records—COMMERCE/ 

DEPT–27, but only on condition that the 

general exemption claimed in 

§ 4.33(b)(4) is held to be invalid. 

* * * * * 

[FR Doc. 2021–19315 Filed 9–3–21; 8:45 am] 

BILLING CODE 3510–17–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 610 

[Docket No. FDA–2021–N–0011] 

Revision to Restrictions on Shipment 

or Use for Human Blood and Blood 

Components Exceptions; Technical 

Amendment 

AGENCY: Food and Drug Administration, 

Department of Health and Human 

Services (HHS). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is 

amending the biologics regulation to 

improve clarity and revise an incorrect 

citation. This action is being taken to 

ensure the accuracy and clarity of the 

biologics regulation. 

DATES: This rule is September 7, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Myrna Hanna, Center for Biologics 

Evaluation and Research, Food and 

Drug Administration, 10903 New 

Hampshire Ave., Bldg. 71, Rm. 7301, 

Silver Spring, MD 20993–0002, 240– 

402–7911. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In the Federal Register of May 22, 

2015 (80 FR 29842), FDA published a 

final rule entitled ‘‘Requirements for 

Blood and Blood Components Intended 

for Transfusion or for Further 

Manufacturing Use’’ (May 2015 final 

rule). In the May 2015 final rule, FDA 

amended § 610.40(h)(2)(vii) (21 CFR 

610.40(h)(2)(vii)), which provides for 

exceptions to the restrictions on 

shipment or use of human blood and 

blood components. The May 2015 final 

rule included an incorrect regulatory 

citation in this provision. 

II. Description of the Technical 

Amendments 

In § 610.40(h)(2)(vii), as amended by 

the May 2015 final rule, FDA 

inadvertently cited § 640.65(a)(2)(ii). 

The reference to § 640.65(a)(2)(ii) is an 

incorrect citation. Accordingly, FDA is 

removing the reference to 

§ 640.65(a)(2)(ii). Additionally, to 

improve the clarity of the regulation, we 

are also amending § 610.40(h)(2)(vii) to 

replace the reference to § 640.65(b)(2)(i) 

through (iv) with a reference to 

§ 640.65(b)(2)(ii) through (iv). This 

amendment aligns with the preamble of 

the May 2015 final rule, which stated 

that FDA was ‘‘removing [the citation 

to] § 640.65(b)(2), and replacing it with 

the more precise citation to 

§ 640.65(b)(2)(ii) through (b)(2)(iv)’’ 

(May 2015 final rule, 80 FR 29842 at 

29886). FDA notes that donor protein 

composition assessment under 

§ 640.65(b)(2)(i) is required for 

plasmapheresis procedures irrespective 

of whether or not the syphilis screening 

requirements under § 640.65(b)(2)(ii) 

through (iv) are applicable. 

III. Notice and Public Comment 

Publication of this document 

constitutes final action of these changes 

under the Administrative Procedure Act 

(5 U.S.C. 553). FDA has determined that 

this rulemaking meets the notice and 

comment exemption requirements in 5 

U.S.C. 553(b)(3)(A) and (B). FDA has 

determined that notice and public 

comment are unnecessary because the 

amendments to the regulation provide 

only technical changes and are 

nonsubstantive. 

List of Subjects in 21 CFR Part 610 

Biologics, Labeling, Reporting and 

recordkeeping requirements. 

Therefore, under the Federal Food, 

Drug, and Cosmetic Act, 21 CFR part 

610 is amended as follows: 

PART 610—GENERAL BIOLOGICAL 

PRODUCTS STANDARDS 

■ 1. The authority citation for part 610 

continues to read as follows: 

Authority: 21 U.S.C. 321, 331, 351, 352, 

353, 355, 360, 360c, 360d, 360h, 360i, 371, 

372, 374, 381; 42 U.S.C. 216, 262, 263, 263a, 

264. 

■ 2. In § 610.40, revise paragraph 

(h)(2)(vii) to read as follows: 

§ 610.40 Test requirements. 

* * * * * 

(h) * * * 

(2) * * * 

(vii) You may use Source Plasma from 

a donor who tests reactive by a 

screening test for syphilis as required 

under § 640.65(b)(1)(i) of this chapter, if 

the donor meets the requirements of 

§ 640.65(b)(2)(ii) through (iv) of this 

chapter. 

Dated: August 31, 2021. 

Lauren K. Roth, 

Acting Principal Associate Commissioner for 

Policy. 

[FR Doc. 2021–19220 Filed 9–3–21; 8:45 am] 

BILLING CODE 4164–01–P 


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