This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

31504

Vol. 65, No. 97

Thursday May 18, 2000

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 00–AEA–01]

Proposed Cancellation of Federal

Airway: V–162 HAR–MRB

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking

SUMMARY: This notice proposes to cancel

Federal Airway 162 (V–162) between

Harrisburg, PA (HAR) and Martinsburg,

WV (MRB). The FAA is proposing this

action due to restrictions on the HAR

VOR. The airway would be deleted from

aeronautical charts.

DATES: Comments must be received on

or before June 19, 2000.

ADDRESSES: Send comments on the

proposal in triplicate to: Manager,

Airspace Branch, AEA–520, Docket NO.

00–AEA–01, F.A.A. Eastern Region,

Federal Building #111, John F. Kennedy

Int’l Airport, Jamaica, NY 11430.

The official docket may be examined

in the Office of the Regional Counsel,

AEA–7, F.A.A. Eastern Region, Federal

Building #111, John F. Kennedy

International Airport, Jamaica, New

York 11430.

An informal docket may also be

examined during normal business hours

in the Airspace Branch, AEA–520,

F.A.A. Eastern Region, Federal Building

#111 John F. Kennedy International

Airport, Jamaica, NY 11430.

FOR FURTHER INFORMATION CONTACT: Mr.

Francis T. Jordan, Jr., Airspace

Specialist, Airspace Branch, AEA–520

F.A.A. Eastern Region, Federal Building

#111, John F. Kennedy International

Airport, Jamaica, New York 11430;

telephone: (718) 553–4521.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested parties are invited to

participate in this proposed rulemaking

by submitting such written data, views,

or arguments as they may desire.

Comments that provide the factual basis

supporting the views and suggestions

presented are particularly helpful in

developing reasoned regulatory

decisions on the proposal. Comments

are specifically invited on the overall

regulatory, economic, environmental,

and energy-related aspects of the

proposal. Communications should

identify the airspace docket number and

be submitted in triplicate to the address

listed above. Commenters wishing the

FAA to acknowledge receipt of their

comments on this notice must submit

with those comments a self-addressed,

stamped postcard on which the

following state is made: ‘‘Comments to

Airspace Docket No. 00–AEA–01.’’ The

postcard will be date/time stamped and

returned to the commenter. All

communications received on or before

the closing date for comments will be

considered before taking action on the

proposed rule. The proposal contained

in this notice may be changed in light

of comments received. All comments

submitted will be available for

examination in the Rules Docket both

before and after the closing date for

comments. A report summarizing each

substantive public contact with the FAA

personnel concerned with this

rulemaking will be filed in the docket.

Availability of NPRMs

Any person may obtain a copy of this

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the Office of

the Regional Counsel, AEA–7, F.A.A.

Eastern Region, Federal Building #111,

John F. Kennedy International Airport,

Jamaica, NY 11430. Communications

must identify the notice number of this

NPRM. Persons interested in being

placed on a mailing list for future

NPRMs should also request a copy of

Advisory Circular No. 11–2A, which

describes the application procedure.

The Proposal

The FAA is considering an

amendment to Part 71 of the Federal

Aviation Regulations (14 CFR Part 71) to

cancel V–162 between HAR VOR, PA

and MRB VOR, WV. The FAA is

proposing this action due to restrictions

on the HAR VOR resulting from a flight

check. The FAA is proposing this action

to enhance the safety of air traffic

operations. Domestic VOR airways are

published in Paragraph 6010(a) of FAA

Order 7400.9G, dated September 1,

1999, and Effective September 16, 1999,

which is incorporated by reference in 14

CFR 71.1. 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 would only affect air

traffic procedures and air navigation, it

is certified that this proposed action

would not have significant economic

impact on a substantial number of small

entities under the criteria of the

Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace Incorporation by reference,

Navigation (air).

The Proposed Amendment

In consideration of the foregoing, the

Federal Aviation Administration

proposes to amend 14 CFR part 71 as

follows:

PART 71—[AMENDED]

1. The authority citation for 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 Federal Aviation

Administration Order 7400.9G, Airspace

Designations and Reporting Points dated

September 1, 1999, and effective

September 16, 1999, is proposed to be

amended as follows:

* * * * *

Paragraph 6011 VOR Federal; Airways

V–162 cancelled between Harrisburg,

PA (HAR) and Martinsburg, WV (MRB)

* * * * *

Federal Register / Vol. 65, No. 97 / Thursday May 18, 2000 / Proposed Rules 31505

Issued in Jamaica, New York, on April 19,

2000.

Franklin D. Hatfield,

Manager, Air Traffic Division, Eastern Region.

[FR Doc. 00–11491 Filed 5–17–00; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF DEFENSE

Department of the Navy,

32 CFR Part 701

[Secretary of the Navy Instruction 5211.5]

Privacy Act; Implementation

AGENCY: Department of the Navy, DOD.

ACTION: Proposed rule.

SUMMARY: The Department of the Navy

is proposing to add an exemption rule

for a Privacy Act system of records. The

exemption is intended to increase the

value of the system of records for law

enforcement purposes, to comply with

prohibitions against the disclosure of

certain kinds of information, and to

protect the privacy of individuals

identified in the system of records.

DATES: Comments must be received on

or before July 17, 2000 to be considered

by this agency.

FOR FURTHER INFORMATION CONTACT: Mrs.

Doris Lama at (202) 685–6545 or DSN

325–6545.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

It has been determined that this

Privacy Act rule for the Department of

Defense does not constitute ‘significant

regulatory action’. Analysis of the rule

indicates that it does not have an annual

effect on the economy of $100 million

or more; does not create a serious

inconsistency or otherwise interfere

with an action taken or planned by

another agency; does not materially alter

the budgetary impact of entitlements,

grants, user fees, or loan programs or the

rights and obligations of recipients

thereof; does not raise novel legal or

policy issues arising out of legal

mandates, the President’s priorities, or

the principles set forth in Executive

Order 12866 (1993).

Regulatory Flexibility Act

It has been determined that this

Privacy Act rule for the Department of

Defense does not have significant

economic impact on a substantial

number of small entities because it is

concerned only with the administration

of Privacy Act systems of records within

the Department of Defense.

Paperwork Reduction Act

It has been determined that this

Privacy Act rule for the Department of

Defense imposes no information

requirements beyond the Department of

Defense and that the information

collected within the Department of

Defense is necessary and consistent

with 5 U.S.C. 552a, known as the

Privacy Act of 1974.

List of Subjects in 32 CFR Part 701

Privacy.

1. The authority citation for 32 CFR

part 701, Subpart G continues to read as

follows:

Authority: Pub. L. 93–579, 88 Stat. 1896 (5

U.S.C. 552a).

2. Section 701.118, is amended by

adding paragraph (u) as follows:

§ 701.118 Exemptions for specific Navy

record systems.

(u) System identifier and name: (1)

N05813–4, Trial/Government Counsel

Files.

(i) Exemption. Parts of this system

may be exempt pursuant to 5 U.S.C.

552a(j)(2) if the information is compiled

and maintained by a component of the

agency which performs as its principle

function any activity pertaining to the

enforcement of criminal laws. Portions

of this system of records that may be

exempt pursuant to subsection 5 U.S.C.

552a(j)(2) are (c)(3), (c)(4), (d), (e)(1),

(e)(2), (e)(3), (e)(5), (e)(4)(G), (H), and (I),

(e)(8), (f), and (g).

(ii) Exemption. Information

specifically authorized to be classified

under E.O. 12958, as implemented by

DoD 5200.1–R, may be exempt pursuant

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

(iii) Exemption. Investigatory material

compiled for law enforcement purposes

may be exempt pursuant to 5 U.S.C.

552a(k)(2). However, if an individual is

denied any right, privilege, or benefit for

which he would otherwise be entitled

by Federal law or for which he would

otherwise be eligible, as a result of the

maintenance of such information, the

individual will be provided access to

such information except to the extent

that disclosure would reveal the identity

of a confidential source. Portions of this

system of records that may be exempt

pursuant to subsections 5 U.S.C.

552a(k)(1) and (k)(2) are (c)(3), (d),

(e)(1), (e)(4)(G), (H), and (I), and (f).

(iv) Authority: 5 U.S.C. 552a(j)(2),

(k)(1), and (k)(2).

(v) Reason: (1) From subsection (c)(3)

because release of accounting of

disclosure could place the subject of an

investigation on notice that he/she is

under investigation and provide him/

her with significant information

concerning the nature of the

investigation, resulting in a serious

impediment to law enforcement

investigations.

(2) From subsections (c)(4), (d),

(e)(4)(G), and (e)(4)(H) because granting

individuals access to information

collected and maintained for purposes

relating to the enforcement of laws

could interfere with proper

investigations and orderly

administration of justice. Granting

individuals access to information

relating to the preparation and conduct

of criminal prosecution would impair

the development and implementation of

legal strategy. Amendment is

inappropriate because the trial/

government counsel files contain

official records including transcripts,

court orders, and investigatory materials

such as exhibits, decisional

memorandum and other case-related

papers. Disclosure of this information

could result in the concealment,

alteration or destruction of evidence, the

identification of offenders or alleged

offenders, nature and disposition of

charges; and jeopardize the safety and

well-being of informants, witnesses and

their families, and law enforcement

personnel and their families. Disclosure

of this information could also reveal and

render ineffective investigation

techniques, sources, and methods used

by law enforcement personnel, and

could result in the invasion of privacy

of individuals only incidentally related

to an investigation.

(3) From subsection (e)(1) because it

is not always possible in all instances to

determine relevancy or necessity of

specific information in the early stages

of case development. Information

collected during criminal investigations

and prosecutions and not used during

the subject case is often retained to

provide leads in other cases.

(4) From subsection (e)(2) because in

criminal or other law enforcement

investigations, the requirement that

information be collected to the greatest

extent practicable from the subject

individual would alert the subject as to

the nature or existence of an

investigation, presenting a serious

impediment to law enforcement

investigations.

(5) From subsection (e)(3) because

compliance would constitute a serious

impediment to law enforcement in that

it could compromise the existence of a

confidential investigation or reveal the

identity of witnesses or confidential

informants.

(6) From subsection (e)(4)(I) because

the identity of specific sources must be

withheld in order to protect the

confidentiality of the sources of