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 

77976 Federal Register / Vol. 69, No. 249 / Wednesday, December 29, 2004 / Proposed Rules 

Channel 300A at Hermitage, Arkansas, 

as the community’s first local aural 

transmission service. Channel 300A can 

be allotted to Hermitage in compliance 

with the Commission’s minimum 

distance separation requirements with a 

site restriction of 9.8 kilometers (6.1 

miles) east to avoid a short-spacing to 

the construction permit site for Station 

KLAL(FM), Channel 299C1, 

Wrightsville, Arkansas. The coordinates 

for Channel 300A at Hermitage are 33–

25–00 North Latitude and 92–04–30 

West Longitude.

DATES: Comments must be filed on or 

before January 31, 2005, reply 

comments on or before February 15, 

2005.

ADDRESSES: Federal Communications 

Commission, Washington, DC 20554. In 

addition to filing comments with the 

FCC, interested parties should serve the 

petitioner, or its counsel or consultant, 

as follows: Charles Crawford, 4553 

Bordeaux Ave., Dallas, Texas 75205 

(Petitioner).

FOR FURTHER INFORMATION CONTACT:

Sharon P. McDonald, Media Bureau, 

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

04–431, adopted December 8, 2004, and 

released December 10, 2004. The full 

text of this Commission decision is 

available for inspection and copying 

during normal business hours in the 

FCC Reference Information Center 

(Room CY–A257), 445 12th Street, SW., 

Washington, DC. The complete text of 

this decision may also be purchased 

from the Commission’s copy contractor, 

Best Copy and Printing, Inc., Portals II, 

445 12th Street, SW., Room CY–B402, 

Washington, DC 20054, telephone 1–

800–378–3160 or www.BCPIWEB.com.

Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

Members of the public should note 

that from the time a Notice of Proposed 

Rule Making is issued until the matter 

is no longer subject to Commission 

consideration or court review, all ex 

parte contacts are prohibited in 

Commission proceedings, such as this 

one, which involve channel allotments. 

See 47 CFR 1.1204(b) for rules 

governing permissible ex parte contacts.

For information regarding proper filing 

procedures for comments, see 47 CFR 

1.415 and 1.420.

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting.

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 73 as follows:

PART 73—RADIO BROADCAST 

SERVICES 

1. The authority citation for Part 73 

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

§ 73.202 [Amended] 

2. Section 73.202(b), the Table of FM 

Allotments under Arkansas, is amended 

by adding Hermitage, Channel 300A.

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau.

[FR Doc. 04–28424 Filed 12–28–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 04–3806, MB Docket No. 04–426, RM–

11125] 

Radio Broadcasting Services; 

Beaumont and Mont Belvieu, TX

AGENCY: Federal Communications 

Commission.

ACTION: Proposed rule.

SUMMARY: This document seeks 

comment on a petition for rulemaking 

filed by Cumulus Licensing, LLC, 

licensee of Station KRWP(FM), 

Beaumont, Texas, proposing the 

reallotment of Channel 248C from 

Beaumont to Mont Belvieu, Texas, as 

the community’s first local aural 

transmission service, and the 

modification of the license for Station 

KRWP(FM) to reflect the changes. 

Channel 248C has been proposed to be 

reallotted at Mont Belvieu at a site 50.1 

kilometers (31.1 miles) east of the 

community at coordinates 29–41–52 NL 

and 94–24–09 WL.

DATES: Comments or counterproposals 

must be filed on or before January 31, 

2005, and reply comments must be filed 

on or before February 15, 2005.

ADDRESSES: Secretary, Federal 

Communications Commission, 445 12th 

Street, SW., Room TW–A325, 

Washington, DC 20554. In addition to 

filing comments with the FCC, 

interested parties should serve the 

petitioner’s counsel, as follows: Mark N. 

Lipp, Esq., Scott Woodworth, Esq., 

Vinson & Elkins LLP, 1455 

Pennsylvania Ave., NW., Washington, 

DC 20004–1008.

FOR FURTHER INFORMATION CONTACT:

Victoria M. McCauley, Media Bureau, 

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Notice of 

Proposed Rulemaking, MB Docket No. 

04–426, adopted December 8, 2004, and 

released December 10, 2004. The full 

text of this Commission decision is 

available for inspection and copying 

during normal business hours in the 

Commission’s Reference Center 445 

Twelfth Street, SW., Washington, DC 

20554. The complete text of this 

decision may also be purchased from 

the Commission’s duplicating 

contractor, Best Copy and Printing, Inc., 

445 12th Street, SW., Room CY–B402, 

Washington, DC, 20054, telephone 800–

378–3160 or www.BCPIWEB.com.

The provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

Members of the public should note 

that from the time a Notice of Proposed 

Rule Making is issued until the matter 

is no longer subject to Commission 

consideration or court review, all ex 

parte contacts are prohibited in 

Commission proceedings, such as this 

one, which involve channel allotments. 

See 47 CFR 1.1204(b) for rules 

governing permissible ex parte contacts. 

For information regarding proper 

filing procedures for comments, see 47 

CFR 1.415 and 1.420.

List of Subjects in 47 CFR part 73 

Radio, Radio broadcasting.

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 73 as follows:

PART 73—RADIO BROADCAST 

SERVICES 

1. The authority citation for part 73 

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, and 

336.

§ 73.202 [Amended] 

2. Section 73.202(b), the Table of FM 

Allotments under Texas, is amended by 

removing Channel 248C1 at Beaumont 

and adding Mont Belvieu, Channel 

248C.

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau.

[FR Doc. 04–28423 Filed 12–28–04; 8:45 am] 

BILLING CODE 6712–01–P