61994 Federal Register / Vol. 75, No. 194 / Thursday, October 7, 2010 / Rules and Regulations 

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 14 CFR 

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 FAA Order 7400.9U 

Airspace Designations and Reporting 

Points, signed August 18, 2010, and 

effective September 15, 2010, is 

amended as follows: 

Paragraph 6004 Class E Airspace Areas 

Designated as an Extension to a Class D or 

Class E Surface Area. 

* * * * * 

AWP RM E4 Kwajalein Island, Marshall 

Islands, RMI [Amended] 

Kwajalein Island, Bucholz AAF, RMI 

(Lat. 08°43′00′′ N., long. 167°44′00′′ E.) 

Kwajalein RBN 

(Lat. 08°43′15′′ N., long. 167°43′39′′ E.) 

That airspace extending upward from the 

surface within 2.2 miles each side of the 

Bucholz AAF 249° bearing, extending from 

the 4.3-mile radius of Bucholz AAF to 5.2 

miles west of the Bucholz AAF, and within 

3 miles each side of the 077° bearing from the 

Kwajalein RBN, extending from the 4.3-mile 

radius to 9.6 miles east of the RBN. This 

Class E airspace area is effective during the 

specific dates and times established in 

advance by a Notice to Airmen. The effective 

date and time will thereafter be continuously 

published in the Pacific Chart Supplement. 

* * * * * 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

AWP RM E5 Kwajalein Island, Marshall 

Islands, RMI [Amended] 

Kwajalein Island, Bucholz AAF, RM 

(Lat. 08°43′00′′ N., long. 167°44′00′′ E.) 

That airspace extending upward from 700 

feet above the surface within a 12-mile radius 

of Bucholz AAF. That airspace extending 

upward from 1,200 feet above the surface 

within a 100-mile radius of Bucholz AAF. 

Issued in Washington, DC, September 29, 

2010. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. 2010–25220 Filed 10–6–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Office of the Secretary 

31 CFR Part 1 

RIN 1505–AC25 

Privacy Act; Implementation 

AGENCY: Office of Foreign Assets 

Control, Departmental Offices, Treasury. 

ACTION: Final rule. 

SUMMARY: In accordance with the 

requirements of the Privacy Act of 1974, 

as amended, the Department of the 

Treasury is amending its regulations 

due to the consolidation of the existing 

Office of Foreign Assets Control 

(OFAC)-related systems of records by 

revising the number and title of the 

Privacy Act system of records for which 

an exemption has been claimed. 

DATES: Effective Date: November 8, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Assistant Director, Disclosure Services, 

Office of Foreign Assets Control, 

Department of the Treasury, 1500 

Pennsylvania Avenue, NW., 

Washington, DC 20220, tel.: 202–622– 

2510 (not a toll free number), or Chief 

Counsel (Foreign Assets Control), Office 

of General Counsel, Department of the 

Treasury, 1500 Pennsylvania Avenue, 

NW., Washington, DC 20220, tel.: 202– 

622–2410 (not a toll free number). 

SUPPLEMENTARY INFORMATION: Currently, 

one OFAC-related Privacy Act systems 

of records, DO .114—Foreign Assets 

Control Enforcement Records, is exempt 

from provisions of the Privacy Act 

pursuant to 5 U.S.C. 552a(k)(2). Under 

5 U.S.C. 552a(k)(2), the head of an 

agency may promulgate rules to exempt 

a system of records from certain 

provisions of 5 U.S.C. 552a if the system 

contains investigatory material 

compiled for law enforcement purposes. 

The purpose of the final rule is to revise 

the number and title of the system of 

records for which an exemption has 

been claimed pursuant to 5 U.S.C. 

552a(k)(2) as found in paragraph (g)(1)(i) 

of § 1.36 to read DO .120—Records 

Related to Office of Foreign Assets 

Control Economic Sanctions to reflect 

the proposed revision and consolidation 

of systems of records, as further 

discussed below. No new exemptions 

are being proposed by this document 

and the revision does not affect the 

scope of the records for which the 

exemption pursuant to 5 U.S.C. 

552a(k)(2) is claimed. 

The action amends § 1.36 by revising 

the title of the system of records listed 

in Paragraph (g)(1)(i) from ‘‘DO .114— 

Foreign Assets Control Enforcement 

Records’’ to ‘‘DO .120—Records Related 

to Office of Foreign Assets Control 

Economic Sanctions.’’ 

These regulations are being published 

as a final rule because the amendments 

do not impose any requirements on any 

member of the public and do not result 

in any change to the scope of the 

records for which the exemption from 

provisions of the Privacy Act is claimed 

pursuant to 5 U.S.C. 552a(k)(2). These 

amendments are the most efficient 

means for the Treasury Department to 

implement its internal requirements for 

complying with the Privacy Act. 

A proposed notice to consolidate 

three OFAC-related systems of records 

under the Privacy Act will be published 

separately in a future issue of the 

Federal Register. The proposed notice 

to alter the three systems of records will 

consolidate the records into the 

following system of records: Treasury/ 

DO .120—Records Related to Office of 

Foreign Assets Control Economic 

Sanctions. This realignment will permit 

more precise expression of the data 

elements and will permit the published 

notices to serve more effectively as 

guides for the public in understanding 

how these individually identifiable 

records are collected, maintained, 

disclosed, and used. 

Pursuant to Executive Order 12866, it 

has been determined that this final rule 

is not a significant regulatory action, 

and therefore, does not require a 

regulatory impact analysis. 

Because no notice of proposed 

rulemaking is required, the provisions 

of the Regulatory Flexibility Act, 5 

U.S.C. 601–612, do not apply. 

List of Subjects in 31 CFR Part 1 

Privacy. 

■ Part 1, subpart C of title 31 of the Code 

of Federal Regulations, is amended as 

follows: 

PART 1—[AMENDED] 

■ 1. The authority citation for part 1 

continues to read as follows: 

Authority: 5 U.S.C. 301 and 31 U.S.C. 321. 

Subpart A also issued under 5 U.S.C. 552, as 

amended. Subpart C also issued under 5 

U.S.C. 552a, as amended. 

■ 2. In § 1.36, paragraph (g)(1)(i) is 

amended in the table by removing the 

entry ‘‘DO .114—Foreign Assets Control 

Enforcement Records’’ and adding in its 

place ‘‘DO .120—Records Related to 

Office of Foreign Assets Control 

Economic Sanctions’’ to read as follows: 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 194 / Thursday, October 7, 2010 / Rules and Regulations 61995 

§ 1.36 Systems exempt in whole or in part 

from provisions of 5 U.S.C. 552a and this 

part. 

* * * * * 

(g) * * * 

(1) * * * 

(i) * * * 

Number System name 

*******

DO .120 ........................................... Records Related to Office of Foreign Assets Control Economic Sanctions. 

*******

* * * * * 

Dated: July 16, 2010. 

Melissa Hartman, 

Acting Deputy Assistant Secretary for Privacy, 

Transparency, and Records. 

[FR Doc. 2010–25134 Filed 10–6–10; 8:45 am] 

BILLING CODE 4811–45–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 3 

RIN 2900–AN68 

Compensation for Certain Disabilities 

Due to Undiagnosed Illnesses 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule; technical 

amendments. 

SUMMARY: This document amends a 

Department of Veterans Affairs (VA) 

ratings and evaluations regulation to 

remove a provision reserving to the 

Secretary the authority for certain 

determinations and to make a nonsubstantive clarifying change. 

DATES: Effective Date: October 7, 2010. 

Applicability Date: The amendments 

to 38 CFR 3.317 apply to claims pending 

before VA on the effective date of this 

rule, as well as to claims filed with or 

remanded to VA after that date. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Kniffen, Chief, Regulations 

Staff (211D), Compensation and Pension 

Service, Veterans Benefits 

Administration, Department of Veterans 

Affairs, 810 Vermont Avenue, NW., 

Washington, DC 20420, (202) 461–9725. 

(This is not a toll-free number.) 

SUPPLEMENTARY INFORMATION: VA has 

determined that technical revisions to 

38 CFR 3.317 are needed to remove a 

potential source of confusion and to 

more efficiently implement the intent of 

Congress as expressed in 38 U.S.C. 

1117. 

38 U.S.C. 1117 provides for the 

payment of disability compensation to 

Persian Gulf War veterans with a 

qualifying chronic disability that 

became manifest during service in 

Southwest Asia during the Persian Gulf 

War, or became manifest to a degree of 

ten percent or more during the 

presumptive period established by the 

Secretary. Section 1117(a)(2) defines a 

‘‘qualifying chronic disability’’ as a 

chronic disability resulting from any of 

the following (or any combination of the 

following): ‘‘(A) An undiagnosed illness, 

(B) A medically unexplained chronic 

multisymptom illness (such as chronic 

fatigue syndrome, fibromyalgia, and 

irritable bowel syndrome) that is 

defined by a cluster of signs or 

symptoms, [or] (C) Any diagnosed 

illness that the Secretary determines 

* * * warrants a presumption of service 

connection.’’ 

It is evident from Congress’ use of the 

phrase ‘‘such as’’ in section 1117(a)(2)(B) 

that Congress intended ‘‘chronic fatigue 

syndrome, fibromyalgia, and irritable 

bowel syndrome’’ to be examples of 

medically unexplained chronic 

multisymptom illnesses, rather than an 

exclusive list. 

VA has implemented this statute in a 

regulation at 38 CFR 3.317(a)(2), which 

provides a substantially similar 

definition of the term ‘‘qualifying 

chronic disability,’’ but also specifies the 

process for determining whether 

conditions other than chronic fatigue 

syndrome, fibromyalgia, and irritable 

bowel syndrome will be found to be 

‘‘medically unexplained chronic 

multisymptom illnesses.’’ The regulation 

states, in 38 CFR 3.317(a)(2)(i)(B), that a 

qualifying chronic disability will 

include those three specified illnesses 

and ‘‘[a]ny other illness that the 

Secretary determines meets the criteria 

in paragraph (a)(2)(ii) of this section for 

a medically unexplained chronic 

multisymptom illness.’’ Paragraph 

(a)(2)(ii) of § 3.317 provides a detailed 

explanation regarding the types of 

illnesses that can be considered to be 

medically unexplained chronic 

multisymptom illnesses. The practical 

effect of the procedures established in 

the current regulation is to reserve to the 

Secretary the authority to determine 

whether illnesses other than chronic 

fatigue syndrome, fibromyalgia, and 

irritable bowel syndrome will be found 

to be ‘‘medically unexplained chronic 

multisymptom illnesses’’ for purposes of 

applying 38 U.S.C. 1117. Accordingly, 

currently VA adjudicators or other 

officials cannot make that determination 

in individual cases without a specific 

determination by the Secretary. 

VA is revising this procedure for two 

reasons. First, we believe it is 

unnecessary to reserve this authority to 

the Secretary, because the regulation 

sets forth clear and detailed standards to 

guide the determination as to what 

constitutes a medically unexplained 

chronic multisymptom illness. We 

believe the regulatory language provides 

sufficient guidance to enable medical 

professionals to render medical 

opinions on this issue and to enable VA 

adjudicators to decide this issue when 

it arises in individual cases. Second, we 

believe the current procedures may 

create confusion or may dissuade 

claimants from filing claims based on 

medically unexplained illnesses other 

than those currently listed in the 

regulation. 

To make it clear that chronic fatigue 

syndrome, fibromyalgia, and irritable 

bowel syndrome are only examples of 

medically unexplained chronic 

multipsymptom illnesses, we are 

revising the language of 

§ 3.317(a)(2)(i)(B). Specifically, we are 

revising § 3.317(a)(2)(i)(B) by: Removing 

‘‘The following’’ at the beginning of the 

sentence and replacing it with ‘‘A’’; 

changing the plural word ‘‘illnesses’’ to 

the singular ‘‘illness’’ and the verb ‘‘are’’ 

to ‘‘is’’; and adding ‘‘such as’’ at the end 

of the sentence. The revised section will 

read: ‘‘(B) A medically unexplained 

chronic multisymptom illness that is 

defined by a cluster of signs or 

symptoms, such as: (1) Chronic fatigue 

syndrome; (2) Fibromyalgia; (3) Irritable 

bowel syndrome.’’ This change 

eliminates language that could imply 

that the list is exhaustive. 

In addition, we are removing 

§ 3.317(a)(2)(i)(B)(4) in order to omit the 

current regulatory language reserving to 

the Secretary the authority to determine 


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