Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules 70773 

access by persons within or outside the 

Institute. 

(2) All records, when not under the 

personal control of the employees 

authorized to use the records, must be 

stored in a locked filing cabinet. Some 

systems of records are not of such 

confidential nature that their disclosure 

would constitute a harm to an 

individual who is the subject of such 

record. However, records in this 

category also shall be maintained in 

locked filing cabinets or maintained in 

a secured room with a locking door. 

(3) Access to and use of a system of 

records shall be permitted only to 

persons whose duties require such 

access within the Institute, for routine 

uses as defined in § 1182.1 as to any 

given system, or for such other uses as 

may be provided in this part. 

(4) Other than for access within the 

Institute to persons needing such 

records in the performance of their 

official duties or routine uses as defined 

in § 1182.1, or such other uses as 

provided in this part, access to records 

within a system of records shall be 

permitted only to he individual to 

whom the record pertains or upon his 

or her written request to the General 

Counsel. 

(5) Access to areas where a system of 

record is stored will be limited to those 

persons whose duties require work in 

such areas. There shall be an accounting 

of the removal of any records from such 

storage areas utilizing a log, as directed 

by the Chief Information Officer. The 

log shall be maintained at all times. 

(6) The Institute shall ensure that all 

persons whose duties require access to 

and use of records contained in a system 

of records are adequately trained to 

protect the security and privacy of such 

records. 

(7) The disposal and destruction of 

records shall be in accordance with 

rules promulgated by the General 

Services Administration. 

(b) Automated systems. 

(1) Identifiable personal information 

may be processed, stored, or maintained 

by automated data systems only where 

facilities or conditions are adequate to 

prevent unauthorized access to such 

systems in any form. Whenever such 

data, whether contained in punch cars, 

magnetic tapes, of discs, are not under 

the personal control of an authorized 

persons, such information must be 

stored in a locked or secured room, or 

in such other facility having greater 

safeguards than those provided for in 

this part. 

(2) Access to and use of identifiable 

personal data associated with automated 

data systems shall be limited to those 

persons whose duties require such 

access. Proper control of personal data 

in any form associated with automated 

data systems shall be maintained of all 

times, including maintenance of 

accountability records showing 

disposition of input and output 

documents. 

(3) All persons whose duties require 

access to processing and maintenance of 

identifiable personal data and 

automated systems shall be adequately 

trained in the security and privacy 

personal data. 

(4) The disposal and disposition of 

identifiable personal data and 

automated systems shall be done by 

shredding, burning, or, in he case of 

tapes or discs, degaussing, in 

accordance with regulations of the 

General Services Administration or 

other appropriate authority. 

§ 1182.16 Procedures to ensure that 

Institute employees involved with its 

systems of records are familiar with the 

requirements and of the Privacy Act. 

(a) The Director shall ensure that all 

persons involved in the design, 

development, operation, or maintenance 

of any Institute systems are informed of 

all requirements necessary to protect the 

privacy of subject individuals. The 

Director also shall ensure that all 

Institute employees having access to 

records receive adequate training in 

their protection, and that records have 

adequate and proper storage with 

sufficient security to assure the privacy 

of such records. 

(b) All employees shall be informed of 

the civil remedies provided under 5 

U.S.C. 552a(g)(1) and other implications 

of the Privacy Act, and the fact that the 

Institute may be subject to civil 

remedies for failure to comply with the 

provisions of the Privacy Act and the 

regulations in this part. 

§ 1182.17 Institute systems of records that 

are covered by exemptions in the Privacy 

Act. 

(a) Pursuant to and limited by 5 

U.S.C. 552a(j)(2), the Institute system 

entitled ‘‘Office of the Inspector General 

Investigative Files’’ shall be exempted 

from the provisions of 5 U.S.C. 552a, 

except for subsections (b); (c)(1) and (2); 

(e)(4)(A) through (F); (e)(6)(7), (9), (10), 

and (11); and (i), insofar as that Institute 

system contains information pertaining 

to criminal law enforcement 

investigations. 

(b) Pursuant to and limited by 5 

U.S.C. 552a(k)(2), the Institute system 

entitled ‘‘Office of the Inspector General 

Investigative Files’’ shall be exempted 

from 5 U.S.C. 552a(c)(3); (d); (e)(1); 

(e)(4)(G), (H), and (I); and (f), insofar as 

that Institute system consists of 

investigatory material compiled for law 

enforcement purposes, other than 

material within the scope of the 

exemption of 5 U.S.C. 552a(j)(2). 

(c) The Institute system entitled 

‘‘Office of the Inspector General 

Investigative Files’’ is exempt from the 

provisions of the Privacy Act noted in 

this section because their application 

might alert investigation subjects to the 

existence or scope of investigations; 

lead to suppression, alteration, 

fabrication, or destruction of evidence; 

disclose investigative techniques or 

procedures; reduce the cooperativeness 

or safety of witnesses; or otherwise 

impair investigations. 

§ 1182.18 Penalties for obtaining an 

Institute record under false pretenses. 

(a) Under 5 U.S.C. 552a(i)(3), any 

person who knowingly and willfully 

requests or obtains any record from the 

Institute concerning an individual 

under false pretenses shall be guilty of 

a misdemeanor and fined not more than 

$5,000. 

(b) A person who falsely or 

fraudulently attempts to obtain records 

under the Privacy Act also may be 

subject to prosecution under other 

statutes, including 18 U.S.C. 494, 495, 

and 1001. 

§ 1182.19 Restrictions that exist regarding 

the release of mailing lists. 

The Institute may not sell or rent an 

individual’s name and address unless 

such action specifically is authorized by 

law. This section shall not be construed 

to require the withholding of names and 

addresses otherwise permitted to be 

made public. 

[FR Doc. 05–23118 Filed 11–22–05; 8:45 am] 

BILLING CODE 7036–01–M 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 05–2934; MM Docket No. 01–232, RM–

10260] 

Radio Broadcasting Services; Port 

Sanilac, MI 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule; dismissal. 

SUMMARY: The Audio Division, at the 

request of Charles Crawford, the 

proponent of a petition for rule making 

to allot Channel 225A at Port Sanilac, 

Michigan, 66 FR 48108 (September 18, 

2001), dismisses the petition for rule 

making and terminates the proceeding. 

FOR FURTHER INFORMATION CONTACT: 

Deborah Dupont, Media Bureau, (202) 

418–2180. 

70774 Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MM Docket No. 01–232, 

adopted November 4, 2005, and released 

November 7, 2005. The full text of this 

Commission decision is available for 

inspection and copying during normal 

business hours in the FCC Information 

Center, Portals II, 445 12th Street, SW., 

Room CY–A257, Washington, DC 20554. 

The complete text of this decision also 

may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, (800) 378–3160, 

or via the company’s Web site, http:// 

www.bcpiweb.com. The Report and 

Order is not subject to the Congressional 

Review Act, and therefore the 

Commission will not send a copy of it 

in a report to be sent to Congress and 

the Government Accountability Office, 

see U.S.C. 801(a)(1)(A). 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. 05–22843 Filed 11–22–05; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 05–2911; MB Docket No. 05–99; RM–

11180] 

Radio Broadcasting Services; Lake 

Charles, LA and Sour Lake, TX 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule; dismissal. 

SUMMARY: In response to a Notice of 

Proposed Rule Making (‘‘Notice’’), 70 FR 

15047 (March 24, 2005), this Report and 

Order dismisses a rulemaking 

proceeding requesting that Channel 

241C1, Station KYKZ(FM) (‘‘KYKZ’’), 

Lake Charles, Louisiana, be reallotted to 

Sour Lake, Texas, and the license of 

Station KYKZ be modified accordingly. 

Cumulus Licensing LLC (‘‘Cumulus’’), 

the proponent of this rulemaking, 

requested Commission approval for the 

withdrawal of its Petition for Rule 

Making and its expression of interest in 

implementing its rulemaking proposal. 

Cumulus filed a declaration that there 

are no agreements relating to the 

withdrawal of its Petition for Rule 

Making and that neither it nor any of its 

principals has received or will receive 

any consideration in connection with 

the withdrawal of its expression of 

interest in this proceeding. 

FOR FURTHER INFORMATION CONTACT: R. 

Barthen Gorman, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 05–99, 

adopted November 2, 2005, and released 

November 4, 2005. The full text of this 

Commission decision is available for 

inspection and copying during normal 

business hours in the FCC’s Reference 

Information Center at Portals II, 445 

12th Street, SW., Room CY–A257, 

Washington, DC 20554. The document 

may also be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., Portals II, 

445 12th Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 1–

800–378–3160 or http:// 

www.BCPIWEB.com. This document is 

not subject to the Congressional Review 

Act. (The Commission is, therefore, not 

required to submit a copy of this Report 

and Order to GAO pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A), because the proposed rule 

is dismissed.) 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. 05–22846 Filed 11–22–05; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 05–2916; MM Docket No. 01–230, RM–

10258] 

Radio Broadcasting Services; 

Deckerville, MI 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule; dismissal. 

SUMMARY: The Audio Division, at the 

request of Charles Crawford, the 

proponent of a petition for rule making 

to allot Channel 297A at Deckerville, 

Michigan, 66 FR 48108 (September 18, 

2001), dismisses the petition for rule 

making and terminates the proceeding. 

FOR FURTHER INFORMATION CONTACT: 

Deborah Dupont, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MM Docket No. 01–232, 

adopted November 2, 2005, and released 

November 4, 2005. The full text of this 

Commission decision is available for 

inspection and copying during normal 

business hours in the FCC Information 

Center, Portals II, 445 12th Street, SW., 

Room CY–A257, Washington, DC 20554. 

The complete text of this decision also 

may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, (800) 378–3160, 

or via the company’s Web site, http:// 

www.bcpiweb.com. The Report and 

Order is not subject to the Congressional 

Review Act, and therefore the 

Commission will not send a copy of it 

in a report to be sent to Congress and 

the Government Accountability Office, 

see U.S.C. 801(a)(1)(A). 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. 05–22845 Filed 11–22–05; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 05–2906; MB Docket No. 05–279; RM–

11276] 

Radio Broadcasting Services; Black 

River and Old Forge, NY 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document requests 

comments on a petition for rulemaking 

filed by Radioactive, LLC, permittee of 

an unconstructed FM station, Channel 

223A, Old Forge, New York. Petitioner 

proposes to reallot Channel 223A from 

Old Forge to Black River, as the 

community’s first local aural 

transmission service, and to modify the 

construction permit authorization for 

Channel 223A to reflect the change of 

community. The proposed coordinates 

for Channel 223A at Black River are 44–

04–01 NL and 75–38–53 WL with a site 

restriction of 13.3 kilometers (8.3 miles) 

northeast of the community. 

DATES: Comments must be filed on or 

before December 27, 2005, and reply 

comments on or before January 10, 

2006. 

ADDRESSES: Secretary, Federal 

Communications Commission, 445 

Twelfth Street, SW., Washington, DC 

20554. In addition to filing comments 

with the FCC, interested parties should 

serve the Petitioner’s counsel as follows: 

Radioactive, LLC, c/o Marissa G. Repp,