Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Rules and Regulations 72113

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2004–17773; Airspace 

Docket No. 04–ASW–11] 

RIN 2120–AA66 

Modification of Restricted Areas 

5103A, 5103B, and 5103C, and 

Revocation of Restricted Area 5103D; 

McGregor, NM

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action revises Restricted 

Areas 5103A (R–5103A), 5103B (R–

5103B), and 5103C (R–5103C), and 

revokes Restricted Area 5103D (R–

5103D) at McGregor, NM. The United 

States Army (U.S. Army) requested that 

the FAA reduce the size of R–5103A; 

combine a portion of the area currently 

designated as R–5103A and a portion of 

the area currently designated as R–

5103D, designating the combined area 

as a new R–5103B; and combine the 

areas currently designated as R–5103B 

and R–5103C, and re-designate the 

combined area as a new R–5103C. The 

new R–5103A, B, and C will essentially 

occupy the same overall boundaries and 

altitudes as the current R–5103A, B, C, 

and D; a segment of the western 

boundary of R–5103C will move 

approximately one mile to the west; and 

a portion of the area currently 

designated as R–5103D will be 

eliminated. The altitude structure of the 

new R–5103A will be from the surface 

to but not including flight level (FL) 

180, and R–5103B and R–5103C will be 

from the surface to unlimited. These 

modifications will allow the U.S. Army 

to activate the restricted areas in a 

manner that is more consistent with the 

actual utilization of the airspace.

DATES: 0901 UTC, January 20, 2005.

FOR FURTHER INFORMATION CONTACT:

Steve Rohring, Airspace and Rules, 

Office of System Operations and Safety, 

Federal Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone: (202) 

267–8783.

SUPPLEMENTARY INFORMATION: 

Background 

On June 9, 2004, the FAA proposed to 

revise R–5103A, R–5103B, and R–

5103C, and to revoke R–5103D in 

response to a request from the U.S. 

Army (69 FR 32296). Interested parties 

were invited to participate in this 

rulemaking proceeding by submitting 

written comments on the proposal to the 

FAA. The FAA received no comments 

in response to the proposal. 

The Rule 

At the request of the U.S. Army, the 

FAA is amending Title 14 Code of 

Federal Regulations (14 CFR) part 73 

(part 73) to revise R–5103A, R–5103B, 

and R–5103C, and to revoke R–5103D. 

Specifically, R–5103A will be reduced 

in size, in that, a portion of the area 

currently designated as R–5103A and a 

portion of the area currently designated 

as R–5103D will be combined and redesignated as a new R–5103B. The areas 

currently designed as R–5103B and R–

5103C will be combined and redesignated as a new R–5103C and R–

5103D will be revoked. The new R–

5103A, B, and C will occupy the same 

overall boundaries and altitudes as the 

current R–5103A, B, C, and D with the 

exception of a segment of the western 

boundary of R–5103C which will be 

moved approximately one mile to the 

west. Also, the portion of the area 

currently designated as R–5103D that 

will not be combined into the new R–

5103B will be eliminated from the 

restricted area airspace. The altitude 

structure for the new R–5103A will be 

from the surface to, but not including, 

FL180, and the new R–5103B and R–

5103C will be from the surface to 

unlimited. These modifications will 

allow the U.S. Army to activate the 

restricted areas in a manner that is more 

consistent with the actual utilization of 

the airspace. This action will not change 

the times of use, using agency, or 

controlling agency of these restricted 

areas. 

Section 73.51 of part 73 of Federal 

Aviations Regulations was republished 

in FAA Order 7400.8L, Special Use 

Airspace, dated October 7, 2003. 

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 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. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with 

paragraphs 311(c) and 311(d) of FAA 

Order 1050.1E, Policies and Procedures 

for Considering Environmental Impacts. 

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.

List of Subjects in 14 CFR Part 73 

Airspace, Navigation (air).

The Adoption of the Amendment

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 73 as follows:

PART 73—SPECIAL USE AIRSPACE

■ 1. The authority citation for part 73 

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.

§ 73.51 (Amended)

■ 2. § 73.51 is amended as follows:

* * * * *

R–5103A McGregor, NM (Amended) 

By removing the current boundaries and 

designated altitudes and substituting the 

following: 

Boundaries. Beginning at lat. 32°03′55′′ N., 

long. 106°10′00′′ W.; to lat. 32°03′30′′ N., 

long. 105°53′50′′ W.; to lat. 32°00′15′′ N., 

long. 105°56′42′′ W.; to lat. 32°00′30′′ N., 

long. 106°10′27′′ W.; to the point of 

beginning. 

Designated altitudes. Surface to but not 

including FL 180.

* * * * *

R–5103B McGregor, NM (Amended) 

By removing the current boundaries and 

designated altitudes and substituting the 

following: 

Boundaries. Beginning at lat. 32°15′00′′ N., 

long. 106°10′02′′ W.; to lat. 32°15′00′′ N., 

long. 105°42′02′′ W.; to lat. 32°03′30′′ N., 

long. 105°53′50′′ W.; to lat. 32°03′55′′ N., 

long. 106°10′00′′ W.; to lat. 32°05′02′′ N., 

long. 106°09′22′′ W.; to lat. 32°06′00′′ N., 

long. 106°15′32′′ W.; to the point of 

beginning. 

Designated altitudes. Surface to unlimited.

* * * * *

R–5103C McGregor, NM (Amended) 

By removing the current boundaries and 

designated altitudes and substituting the 

following: 

Boundaries. Beginning at lat. 32°45′00′′ N., 

long. 105°53′02′′ W.; to lat. 32°45′00′′ N., 

long. 105°52′22′′ W.; to lat. 32°33′20′′ N., 

long. 105°30′02′′ W.; to lat. 32°26′20′′ N.,

72114 Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Rules and Regulations 

long. 105°30′02′′ W.; to lat. 32°15′00′′ N., 

long. 105°42′02′′ W.; to lat. 32°15′00′′ N., 

long. 106°10′02′′ W.; to lat. 32°28′00′′ N., 

long. 106°02′00′′ W.; to lat. 32°27′00′′ N., 

long. 106°00′02′′ W.; to lat. 32°36′00′′ N., 

long. 106°00′00′′ W.; to lat. 32°45′00′′ N., 

long. 105°59′02′′ W.; to the point of 

beginning, excluding that airspace within a 2 

NM radius of lat. 32°39′00′′ N., long. 

105°41′00′′ W.; from the surface to 1,500’

AGL and also excluding that airspace 

beginning at lat. 32°42′49′′ N., long. 

105°48′11′′ W.; to lat. 32°41′00′′ N., long. 

105°50′00′′ W.; to lat. 32°40′00′′ N., long. 

105°48′00′′ W.; to lat. 32°41′48′′ N., long. 

105°46′12′′ W.; to the point of beginning from 

the surface to 1,500′′ above the surface. 

Designated altitudes. Surface to unlimited.

* * * * *

R–5103D McGregor, NM (Revoked)

* * * * *

Issued in Washington, DC, December 2, 

2004. 

Reginald C. Matthews, 

Manager, Airspace and Rules.

[FR Doc. 04–27220 Filed 12–10–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF JUSTICE

28 CFR Part 16 

[AAG/A Order No. 018–2004] 

Privacy Act of 1974; Implementation

AGENCY: Criminal Division, Department 

of Justice.

ACTION: Final rule.

SUMMARY: The Criminal Division (CRM), 

Department of Justice (the Department), 

is exempting the Privacy Act system of 

records entitled ‘‘Organized Crime Drug 

Enforcement Task Force Fusion Center 

System,’’ JUSTICE/CRM–028, from the 

subsections of the Privacy Act listed 

below, for the reasons set forth in the 

following text. The system of records 

was published in the Federal Register

on October 18, 2004 (69 FR 61403).

DATES: Effective Date: This final rule is 

effective December 13, 2004.

FOR FURTHER INFORMATION CONTACT:

Mary Cahill, (202) 307–1823.

SUPPLEMENTARY INFORMATION: The 

Department is exempting ‘‘Organized 

Crime Drug Enforcement Task Force 

Fusion Center System,’’ JUSTICE/CRM–

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

(d)(1), (2), (3), and (4); (e)(1), (2), (3), (5), 

and (8); and (g), pursuant to the 

provisions of 5 U.S.C. 552a(j) and/or (k). 

On October 18, 2004 (69 FR 61323), 

a proposed rule was published in the 

Federal Register with an invitation to 

comment. No comments were received. 

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, 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, Sunshine Act and Privacy.

■ Pursuant to the authority vested in the 

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

delegated to me by Attorney General 

Order No. 793–78, amend 28 CFR part 16 

as follows:

PART 16—[AMENDED]

■ 1. The authority citation for Part 16 

continues to read as follows:

Authority: 5 U.S.C. 301, 552, 552a, 552b(g), 

and 553; 18 U.S.C. 4203(a)(1); 28 U.S.C. 509, 

510, 534; 31 U.S.C. 3717 and 9701.

■ 2. Section 16.91 is amended by adding 

paragraphs (u) and (v) as follows:

§ 16.91 Exemption of Criminal Division 

Systems—limited access, as indicated.

* * * * *

(u) The following system of records is 

exempted pursuant to the provisions of 

5 U.S.C. 552a(j) and/or (k) from 

subsections (c)(3) and (4); (d)(1), (2), (3), 

and (4); (e)(1), (2), (3), (5), and (8); and 

(g) of 5 U.S.C. 552a: Organized Crime 

Drug Enforcement Task Force Fusion 

Center System (JUSTICE/CRM–028). 

These exemptions apply only to the 

extent that information in this system is 

subject to exemption pursuant to 5 

U.S.C. 552a(j) and/or (k). 

(v) Exemptions from the particular 

subsections are justified for the 

following reasons: 

(1) From subsection (c)(3) because to 

provide the subject with an accounting 

of disclosures of records in this system 

could inform that individual of the 

existence, nature, or scope of an actual 

or potential law enforcement or 

counterintelligence investigation by the 

Organized Crime Drug Enforcement 

Task Force Fusion Center or the 

recipient agency, and could permit that 

individual to take measures to avoid 

detection or apprehension, to learn the 

identity of witnesses and informants, or 

to destroy evidence, and would 

therefore present a serious impediment 

to law enforcement or 

counterintelligence efforts. In addition, 

disclosure of the accounting would 

amount to notice to the individual of the 

existence of a record. Moreover, release 

of an accounting may reveal information 

that is properly classified pursuant to 

Executive Order 12958 (or successor or 

prior Executive Order) or a statute and 

could compromise the national defense 

or foreign policy. 

(2) From subsection (c)(4) because this 

subsection is inapplicable to the extent 

that an exemption is being claimed for 

subsection (d)(1), (2), (3), and (4). 

(3) From subsection (d)(1) because 

disclosure of records in the system 

could alert the subject of an actual or 

potential criminal, civil, or regulatory 

violation of the existence of that 

investigation, of the nature and scope of 

the information and evidence obtained 

as to his activities, of the identity of 

confidential witnesses and informants, 

of the investigative interest of Organized 

Crime Drug Enforcement Task Force 

Fusion Center and other intelligence or 

law enforcement agencies (including 

those responsible for civil proceedings 

related to laws against drug trafficking 

or related financial crimes); lead to the 

destruction of evidence, improper 

influencing of witnesses, fabrication of 

testimony, and/or flight of the subject; 

reveal the details of a sensitive 

investigative or intelligence technique, 

or the identity of a confidential source; 

or otherwise impede, compromise, or 

interfere with investigative efforts and 

other related law enforcement and/or 

intelligence activities. In addition, 

disclosure could invade the privacy of 

third parties and/or endanger the life, 

health, and physical safety of law 

enforcement personnel, confidential 

informants, witnesses, and potential 

crime victims. Access to records could 

also result in the release of information 

properly classified pursuant to 

Executive Order 12958 (or successor or 

prior Executive Order) or by statute, 

thereby compromising the national 

defense or foreign policy. 

(4) From subsection (d)(2) because 

amendment of the records thought to be 

incorrect, irrelevant, or untimely would 

also interfere with ongoing 

investigations, criminal or civil law 

enforcement proceedings, and other law 

enforcement activities and impose an 

impossible administrative burden by 

requiring investigations, analyses, and 

reports to be continuously 

reinvestigated and revised. 

(5) From subsections (d)(3) and (4) 

because these subsections are 

inapplicable to the extent exemption is 

claimed from (d)(1) and (2). 

(6) From subsection (e)(1) because, in 

the course of its acquisition, collation, 

and analysis of information under the 

statutory authority granted to it, the 

Organized Crime Drug Enforcement 

Task Force Fusion Center will 

occasionally obtain information 

concerning actual or potential violations 

of law that are not strictly within its 

statutory or other authority or may