77974 Federal Register / Vol. 69, No. 249 / Wednesday, December 29, 2004 / Proposed Rules 

IV. Does the Public Meeting Apply to 

Me? 

The meeting on January 26, 2005, is 

open to the general public, and may be 

of interest to persons who are or may be 

required to perform analytical test 

measurements for reporting and 

compliance under the National 

Pollutant Discharge Elimination System 

(NPDES) under the CWA, including 

regulated industry, environmental 

groups, State governments, publicly 

owned treatment works (POTWs) and 

environmental laboratories. Since 

various individuals or groups may be 

interested, the Agency has not 

attempted to describe all the specific 

entities that may be affected by this 

action. If you have any questions 

regarding this meeting, please consult 

the individual identified under FOR

FURTHER INFORMATION CONTACT. 

V. How Can I Get Copies of This 

Document and Other Related 

Information? 

You may access this Federal Register

document electronically through the 

Internet under the ‘‘Federal Register’’

listings at http://www.epa.gov/fedrgstr/. 

You may obtain an electronic copy of 

the Situation Assessment Report on 

Detection and Quantitation Approaches 

and Uses in Clean Water Act (CWA) 

Programs on the Internet at http://

www.epa.gov/waterscience/methods/

det/. This document will be available as 

soon as possible, but no later than 

January 4, 2005. The docket number is 

OW–2004–0041. If you require a printed 

copy of the report, contact the 

individual identified under FOR FURTHER

INFORMATION CONTACT.

VI. How May I Participate in This 

Meeting? 

Members of the general public are 

encouraged to attend this meeting in 

person. Anyone wishing to participate 

via teleconference should contact the 

individual listed under FOR FURTHER

INFORMATION CONTACT at least 5 business 

days prior to the meeting so that 

appropriate arrangements can be made. 

Members of the general public are 

invited to pose questions on the 

Situation Assessment Report. Each 

individual or group wishing to make 

prepared comments should submit their 

request to the individual listed under 

FOR FURTHER INFORMATION CONTACT

before the date of the meeting in order 

to be included in the meeting agenda. 

The request should identify the name of 

the individual making the presentation, 

the organization (if any) the individual 

will represent, and any requirements for 

audiovisual equipment (e.g., overhead 

projector, 35mm projector, chalkboard). 

Each speaker should bring 30 copies of 

his or her comments and presentation 

slides for distribution at the meeting. 

Other interested persons who did not 

pre-register may also present prepared 

comments at the meeting if time 

permits. Seating at the meeting will be 

on a first-come, first-served basis. 

Individuals requiring special 

accommodations at this meeting, 

including wheelchair access and 

assistance for the hearing impaired, 

should contact the individual listed 

under FOR FURTHER INFORMATION

CONTACT at least 5 business days prior 

to the meeting so that appropriate 

arrangements can be made.

List of Subjects in 40 CFR Part 136 

Environmental protection, Analytical 

methods, Wastewater, NPDES, FACA.

Dated: December 22, 2004. 

Geoffrey H. Grubbs, 

Director, Office of Science and Technology.

[FR Doc. 04–28497 Filed 12–28–04; 8:45 am] 

BILLING CODE 6560–50–P

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 105 

[GSPMR 2004–105–1] 

General Services Administration 

Property Management Regulations; 

Privacy Act of 1974; New System of 

Records Exemption

AGENCY: Office of Inspector General, 

General Services Administration (GSA).

ACTION: Proposed rule.

SUMMARY: The GSA Office of Inspector 

General (OIG) proposes to amend the 

General Services Administration 

Property Management Regulation 

(GSPMR) to exempt the new system of 

records for which a Privacy Act notice 

is being published concurrently with 

this notice in the Federal Register. The 

proposed new system of records 

consists of the investigatory files of the 

OIG’s Office of Internal Evaluation. Due 

to the law enforcement nature of the 

records, a proposed rule amendment is 

required in order to invoke the relevant 

exemptions under the Privacy Act of 

1974, as amended (5 U.S.C 552a). By 

relieving the OIG of certain information 

disclosure provisions, the exemption 

will help ensure that the OIG may 

efficiently and effectively perform 

internal investigations and other 

authorized duties and activities.

DATES: Interested parties should submit 

comments in writing on or before 

January 28, 2005 to be considered in the 

formulation of a final rule.

ADDRESSES: Comments should be 

submitted to the Office of Counsel to the 

Inspector General (JC), Office of 

Inspector General, General Services 

Administration, 1800 F Street, NW., 

Washington, DC 20405. Please refer to 

GSPMR case 2004–105–1 in any 

correspondence relating to this rule 

amendment. Comments also may be 

submitted through the Federal 

eRulemaking Portal, http://

www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: GSA 

Privacy Act Officer, General Services 

Administration, Office of the Chief 

People Officer, 1800 F Street, NW., 

Washington, DC 20405; telephone (202) 

501–1452.

SUPPLEMENTARY INFORMATION: 

A. Background 

Elsewhere in today’s Federal Register, 

an OIG notice is published proposing 

the establishment of the new system of 

records ‘‘Internal Evaluation Case 

Files,’’ (GSA/ADM–25), under the 

Privacy Act, as amended, 5 U.S.C. 552a. 

This proposed amendment of 41 CFR 

105–64.6 is necessary to exempt the 

new system of records from the 

provisions of the Act that require, 

among other things, that the OIG 

provide notice when collecting 

information, account for certain 

disclosures, permit individuals access to 

their records, and allow them to request 

that the records be amended. These 

provisions would interfere with the 

conduct of OIG internal investigations if 

applied to the OIG’s maintenance of the 

proposed system of records. 

Accordingly, the OIG proposes to 

exempt the system of records under 

sections (j)(2) and (k)(2) of the Privacy 

Act. Section (j)(2), 5 U.S.C. 552a(j)(2), 

exempts a system of records maintained 

by ‘‘the agency or component thereof 

which performs as its principal function 

any activity pertaining to enforcement 

of criminal laws * * *.’’ Section (k)(2), 

5 U.S.C. 552a(k)(2), exempts a system of 

records consisting of ‘‘investigatory 

materials compiled for law enforcement 

purposes,’’ where such materials are not 

within the scope of the (j)(2) exemption 

pertaining to criminal law enforcement. 

Where applicable, section (j)(2) may 

be invoked to exempt a system of 

records from any Privacy Act provision 

except: 5 U.S.C. 552a(b) (conditions of 

disclosure); (c)(1) and (2) (accounting of 

disclosures and retention of accounting, 

respectively); (e)(4)(A) through (F) 

(system notice requirements); (e)(6), (7), 

(9), (10), and (11) (certain agency 

requirements relating to system 

Federal Register / Vol. 69, No. 249 / Wednesday, December 29, 2004 / Proposed Rules 77975

maintenance); and (i) (criminal 

penalties). Section (k)(2) may be 

invoked to exempt a system of records 

from 5 U.S.C. 552a(c)(3) (making 

accounting of disclosures available to 

the subject individual); (d) (access to 

records); (e)(1) (G), (H) and (I) (notice of 

certain procedures); and (f) 

(promulgation of certain Privacy Act 

rules).

The proposed system of records 

consists of information covered by the 

(j)(2) and (k)(2) exemptions. The OIG 

internal evaluation case files are 

maintained pursuant to official 

investigatory and law enforcement 

functions of the OIG under the authority 

of the Inspector General Act of 1978, 

Public Law 95–452, 5 U.S.C. App. 3 

(1978). Furthermore, the OIG constitutes 

a GSA component that performs as one 

of its principal functions activities 

pertaining to the enforcement of 

criminal laws, see 5 U.S.C. 552a(j)(2). 

Information covered under the (j)(2) 

exemption includes, but is not limited 

to, information compiled for the 

purpose of identifying criminal 

offenders and alleged offenders and 

consisting of identifying data and 

notations of arrests, and the nature and 

disposition of criminal charges, 

sentencing, confinement, release, and 

parole and probation status; information 

compiled for the purpose of a criminal 

investigation, including reports of 

informants and investigators, that is 

associated with an identifiable 

individual; or reports of enforcement of 

the criminal laws from arrest or 

indictment through release from 

supervision. Information contained in 

OIG complaint and investigative files 

under the (k)(2) exemption relates to 

non-criminal law enforcement matters, 

such as information pertaining to the 

investigation of civil, administrative, or 

regulatory violations and similar 

wrongdoing. 

Access by subject individuals, among 

others, to this system of records, 

including the names of persons or 

agencies to whom the information has 

been transmitted, would substantially 

compromise the effectiveness of OIG 

investigations. Knowledge of such 

investigations could enable suspects to 

take action to prevent detection of 

unlawful activities, conceal or destroy 

evidence, or escape prosecution. 

Disclosure of this information could 

lead to the intimidation of, or harm to, 

informants, witnesses, and their families 

and could jeopardize the safety and well 

being of investigative and related 

personnel and their families. The 

imposition of certain restrictions on the 

manner in which investigative 

information is collected, verified, or 

retained would significantly impede the 

effectiveness of OIG investigatory 

activities and, in addition, could 

preclude the apprehension and 

successful prosecution or discipline of 

persons engaged in fraud or other illegal 

activity. 

For the above reasons, the OIG 

proposes to exempt the proposed system 

of records containing the OIG internal 

evaluation case files under exemptions 

(j)(2) and (k)(2) of the Privacy Act by 

amending 41 CFR 105–64.6, as provided 

below. Under this rule, the GSA and the 

OIG specify their systems of records that 

are exempt from the Privacy Act. 

This is not a significant regulatory 

action and, therefore, was not subject to 

review under Section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

B. Regulatory Flexibility Act 

Pursuant to the Regulatory Flexibility 

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

certifies that the proposed amendment 

to its regulations, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities 

within the meaning of the RFA. The 

purpose of that amendment, which is 

proposed pursuant to the Privacy Act, is 

solely to exempt from disclosure certain 

files of the GSA’s OIG that would be 

kept in a new system of records within 

the GSA OIG. The proposed amendment 

imposes no new regulatory 

requirements either directly or 

indirectly on anyone, including small 

entities. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the proposed changes 

to the GSPMR do not impose 

information collection requirements that 

require the approval of the Office of 

Management and Budget under 44 

U.S.C. 3501, et seq.

D. Energy and Environment 

Considerations 

We preliminarily conclude that this 

action will not significantly affect either 

the quality of the human environment 

or the conservation of energy resources.

List of Subjects in 41 CFR Part 105–64 

Privacy.

Dated: December 17, 2004. 

June V. Huber, 

Director, Office of Information Management, 

Office of the Chief People Officer.

Therefore, GSA proposes amending 

41 CFR part 105–64 as set forth below:

PART 105–64—REGULATIONS 

IMPLEMENTING THE PRIVACY ACT OF 

1974 

1. The authority citation for 41 CFR 

105–64 is amended to read as follows:

Authority: The authority provided by Pub. 

L. 152, Ch. 288, 63 Stat 377 (codified as 

amended in scattered section of 40 U.S.C. 

and 41 U.S.C.).

2. Amend section 105–64.601 by 

adding paragraph (c); and in the 

undesignated paragraph following new 

paragraph (c) by removing ‘‘and GSA/

ADM–24’’ and adding ‘‘, GSA/ADM–24, 

and GSA/ADM–25’’ in its place. The 

added text reads as follows:

§105–64.601 General exemptions.

* * * * *

(c) Internal Evaluation Case Files, 

GSA/ADM–25.

* * * * *

2. Amend section 105–64.602 by 

adding paragraph (d); and in the second 

sentence of the undesignated paragraph 

following new paragraph (d) by 

removing the words ‘‘identify’’ and 

‘‘which’’ and adding ‘‘identity’’ and 

‘‘where’’, respectively, in their place; 

and revising the last sentence. The 

added and revised text reads as follows:

§105–64.602 Specific exemptions.

* * * * *

(d) Internal Evaluation Case Files, 

GSA/ADM–25. 

* * * The systems are exempted to 

maintain the effectiveness and integrity 

of investigations conducted as part of 

the Federal Protective Service, Office of 

Inspector General, and internal security 

law enforcement duties or 

responsibilities in the areas of Federal 

employment, Government contracts, 

and access to security classified 

information.

[FR Doc. 04–28182 Filed 12–23–04; 8:45 am] 

BILLING CODE 6820–34–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 04–3702; MB Docket No. 04–431, RM–

11115] 

Radio Broadcasting Services; 

Hermitage, AR

AGENCY: Federal Communications 

Commission.

ACTION: Proposed rule.

SUMMARY: The Audio Division requests 

comments on a petition filed by Charles 

Crawford proposing the allotment of