59448 Federal Register / Vol. 79, No. 191 / Thursday, October 2, 2014 / Rules and Regulations 

SUMMARY: The Audio Division, at the 

request of JER Licenses, LLC, substitute 

alternative Channel 281C for vacant 

Channel 280C at Toquerville, Utah to 

accommodate the ‘‘hybrid’’ application 

that requests the downgrade of the new 

FM station from Channel 281C3 to 

Channel 280A at Peach Springs, 

Arizona. A staff engineering analysis 

confirms that Channel 281C can be 

allotted to Toquerville, Utah consistent 

with the minimum distance separation 

requirements of the Rules without a site 

restriction. The reference coordinates 

for Channel 281C at Toquerville are 37– 

15–12 NL and 113–17–00 WL. See 

Supplementary Info. supra. 

DATES: Effective November 3, 2014. 

ADDRESSES: Secretary, Federal 

Communications Commission, 445 12th 

Street SW., Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Rolanda F. Smith, Media Bureau, (202) 

418–2700. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Report and Order, DA 

14–1361, adopted September 18, 2014, 

and released September 19, 2014. 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, CY–A257, 445 Twelfth Street 

SW., Washington, DC 20554. This 

document may also be purchased from 

the Commission’s duplicating 

contractors, Best Copy and Printing, 

Inc., 445 12th Street SW., Room CY– 

B402, Washington, DC 20554, telephone 

1–800–378–3160 or via email 

www.BCPIWEB.com. 

Our staff engineering analysis 

confirms that there is no line of sight 

and substantial terrain obstructions for 

Channel 246C at Toquerville, Utah at 

the proposed reference coordinates; and 

the restricted site substantially reduces 

the number of existing communications 

facilities for a Class C facility. We 

determine that alternative Channel 281C 

at Toquerville accommodates the 

Application for Channel 280A at Peach 

Springs, Arizona, and grant the 

Application, File No. BNPH– 

20120529ALI. This document does not 

contain information collection 

requirements subject to the Paperwork 

Reduction Act of 1995, Public Law 104– 

13. The Commission will send a copy of 

this Report and Order in a report to be 

sent to Congress and the Government 

Accountability Office pursuant to the 

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

801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

Federal Communications Commission. 

Nazifa Sawez, 

Assistant Chief, Audio Division, Media 

Bureau. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 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, 336 

and 339. 

§ 73.202 [Amended] 

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

Allotments under Utah, is amended by 

removing Channel 280C at Toquerville, 

and by adding Channel 281C at 

Toquerville. 

[FR Doc. 2014–23522 Filed 10–1–14; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

49 CFR Part 10 

[Docket No. OST–2014–0142] 

RIN 2105–AE36 

Maintenance of and Access to Records 

Pertaining to Individuals 

AGENCY: Office of the Secretary (OST), 

U.S. Department of Transportation 

(DOT). 

ACTION: Interim rule with request for 

comments. 

SUMMARY: This rule conforms DOT’s 

regulations on Maintenance of and 

Access to Records Pertaining to 

Individuals to the applicable System of 

Records Notices (SORNs) and current 

DOT practice. This rule adds the 

General Investigation Records System to 

the list of DOT Privacy Act Systems of 

Records that are exempt from one or 

more provisions of the Privacy Act. DOT 

also exempts the Personnel Security 

Record System from additional 

provisions of the Privacy Act, as well as 

correcting the identification number for 

that System. These exemptions were 

initially established in 1975; however, a 

1980 rulemaking accidentally omitted 

these exemptions. These changes are 

effective immediately, though DOT 

invites public comment. 

DATES: This rule is effective on October 

2, 2014. Comment Closing Date: 

Comments on the revised Appendix are 

due on November 3, 2014. 

ADDRESSES: You may file comments 

identified by the docket number DOT– 

OST–2014–0142 by any of the following 

methods: 

Æ Federal Rulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for submitting 

comments. 

Æ Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Ave. SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

Æ Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Ave. SE., between 9:00 

a.m. and 5:00 p.m. ET, Monday through 

Friday, except Federal holidays. 

Æ Fax: 202–493–2251. 

Instructions: You must include the 

agency name and docket number DOT– 

OST–2014–0142 or the Regulatory 

Identification Number (RIN) for the 

rulemaking at the beginning of your 

comment. All comments received will 

be posted without change to http://

www.regulations.gov, including any 

personal information provided. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received in any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.) You may 

review DOT’s complete Privacy Act 

statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78), or you may visit http://

DocketsInfo.dot.gov. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov or to the street 

address listed above. Follow the online 

instructions for accessing the docket. 

FOR FURTHER INFORMATION CONTACT: 

Claire Barrett, Departmental Chief 

Privacy Officer, Office of the Chief 

Information Officer, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE., Washington, DC 20590 or 

claire.barrett@dot.gov or (202) 366– 

8135. 

SUPPLEMENTARY INFORMATION: The 

Privacy Act of 1974, 5 U.S.C. 552a, 

requires that agencies tell the public 

when they maintain information about a 

person in a file which may be retrieved 

by reference to that person’s name or 

some other identifying particular. A 

group of these files is a ‘‘system of 

records,’’ and the existence of each 

system must be published in a ‘‘system 

of records notice’’ (SORN). An agency 

wishing to exempt portions of some 

systems of records from certain 

provisions of the Privacy Act must 


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Federal Register / Vol. 79, No. 191 / Thursday, October 2, 2014 / Rules and Regulations 59449 

notify the public of that exemption in 

both the SORN and in an exemption 

rule. This rule clarifies that portions of 

the General Investigations Records 

System and Personnel Security Records 

System are not subject to some access 

and notification provisions of the 

Privacy Act. Exempting the systems 

from these requirements is necessary to 

protect the public’s interest in fair and 

accurate investigations. 

The DOT identifies a system of 

records that is exempt from one or more 

provisions of the Privacy Act (pursuant 

to 5 U.S.C. 552a(j) or (k)) both in the 

SORN published in the Federal Register 

for public comment and in an Appendix 

to DOT’s regulations implementing the 

Privacy Act (49 CFR part 10, Appendix). 

This rule amends the Appendix by 

exempting those portions of the General 

Investigations Records System (DOT/

OST 016) compiled in the context of an 

investigation from all portions of the 

Privacy Act, except the following 

subsections: (b) (Conditions of 

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

certain disclosures); (e)(4)(A) through 

(F) (Publication of existence and 

character of system); (e)(6) (Ensure 

records are accurate, relevant, timely, 

and complete before disclosure to 

person other than an agency and other 

than pursuant to a Freedom of 

Information Act request); (e)(6) (Ensure 

records are accurate, relevant, timely, 

and complete before disclosure to 

person other than an agency and other 

than pursuant to a Freedom of 

Information Act request); (e)(7) (Restrict 

record keeping on First Amendment 

Rights); (e)(9) (Rules of conduct); (e)(10) 

(Safeguards); (e)(11) (Routine use 

publication); and (i) (Criminal 

penalties). 

This rule also exempts records in the 

General Investigations Records System 

from subsections (c)(3) (Accounting of 

Certain Disclosures) and (d) (Access to 

Records) to the extent that records 

consist of investigatory material 

compiled for law enforcement purposes, 

other than material within the scope of 

subsection (j)(2) of the Privacy Act, or 

are properly classified in accordance 

with 5 U.S.C. 552a(b)(1). Properly 

classified material in the System is 

additionally exempt under this rule 

from subsections (e)(4)(G) through (I) 

(Agency Requirements) and (f) (Agency 

Rules) of the Privacy Act. 

Additionally, this rule exempts those 

portions of records in the Personnel 

Security Records System (DOT/OST 

035) that would reveal the identity of a 

source who furnished information to the 

Government under an express or, prior 

to September 27, 1975, an implied 

promise of confidentiality, from the 

following subsections of the Privacy 

Act: (c)(3) (Accounting of Certain 

Disclosures), (d) (Access to Records), 

(e)(4)(G) through (I) (Agency 

Requirements), and (f) (Agency Rules). 

We also correct an error by replacing an 

incorrect reference to the identification 

number of this System, DOT/OST 016, 

with the correct identification number 

of DOT/OST 035. 

These exemptions were initially 

adopted as part of the establishment of 

49 CFR part 10, published at 40 FR 

45729, effective September 29, 1975, 

and amended by 40 FR 57361 on 

November 26, 1975. Since that time, 

DOT has claimed these exemptions in 

its published SORNs for both of these 

Systems. On January 30, 1980, DOT 

republished the Appendix at 45 FR 

8993, and summarized the changes as 

making minor amendments reflecting 

organizational changes within DOT, 

adding three limited exemptions for 

investigatory files, and changing 

procedures relating to disclosure of 

medical records. Notwithstanding this 

explanation, the republished Appendix 

omitted the exemptions. Despite the 

absence of the exemptions in the 

Appendix, DOT has nevertheless 

continued to refer to them. Since the 

1980 error, we have heard no 

complaints from the public on this 

matter. This rule conforms the 

Appendix to Part 10 to, both to the 

applicable SORNs and current DOT 

practice and thus will have no 

substantive impact on the public. 

Therefore, DOT finds that there is good 

cause under 5 U.S.C. 553(d)(3) to make 

this rule effective less than 30 days after 

publication in the Federal Register. 

The DOT also finds that notice and 

comment are unnecessary and that the 

rule is exempt from prior notice and 

comment requirements under 5 U.S.C. 

553(b)(3)(A). Notice and comment 

would be contrary to the public interest 

because in the absence of these 

exemptions, DOT may be required to 

provide an accounting of disclosures to 

the subject of an investigation, thereby 

permitting the subject of the 

investigation to take measures to 

impede the investigation, as by 

destroying evidence or intimidating 

witnesses. Additionally, DOT would be 

required to disclose the identity of 

informants who promised information 

under an express promise of 

confidentiality. This would hamper 

DOT’s ability to obtain complete and 

accurate statements from witnesses and 

chill individuals from providing DOT 

with information necessary for 

investigations. These disclosures would 

not serve the public interest of ensuring 

that investigations are as accurate as 

possible. Interested persons are still 

welcome to comment, and DOT will 

respond to any comments received on or 

before the closing of the comment 

period (see DATES). 

Regulatory Analysis and Notices 

A. Executive Order 12866 (Regulatory 

Planning and Review) and DOT 

Regulatory Policies and Procedures 

The DOT has considered the impact 

of this rulemaking action under 

Executive Orders 12866 and 13563 

(January 18, 2011, ‘‘Improving 

Regulation and Regulatory Review’’), 

and the DOT’s regulatory policies and 

procedures (44 FR 11034; February 26, 

1979). The DOT has determined that 

this action does not constitute a 

significant regulatory action within the 

meaning of Executive Order 12866 and 

within the meaning of DOT regulatory 

policies and procedures. This rule has 

not been reviewed by the Office of 

Management and Budget. There are no 

costs associated with this rule. 

B. Regulatory Flexibility Act 

Because no notice of proposed 

rulemaking is required for this rule 

under the Administrative Procedure 

Act, 5 U.S.C. 553, the provisions of the 

Regulatory Flexibility Act (Pub. L. 96– 

354, 5 U.S.C. 601–612) do not apply. 

Even so, DOT has evaluated the effects 

of these changes on small entities and 

does not believe that this rule would 

impose any costs on small entities 

because the reporting requirements 

themselves are not changed and because 

the rule applies only to information on 

individuals that is maintained by the 

Federal Government. Therefore, I hereby 

certify that this proposal will not have 

a significant economic impact on a 

substantial number of small entities. 

C. National Environmental Policy Act 

The agency has analyzed the 

environmental impacts of this proposed 

action pursuant to the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.) and has determined 

that it is categorically excluded 

pursuant to DOT Order 5610.1C, 

Procedures for Considering 

Environmental Impacts (44 FR 56420, 

Oct. 1, 1979). Categorical exclusions are 

actions identified in an agency’s NEPA 

implementing procedures that do not 

normally have a significant impact on 

the environment and therefore do not 

require either an environmental 

assessment (EA) or environmental 

impact statement (EIS). See 40 CFR 

1508.4. In analyzing the applicability of 

a categorical exclusion, the agency must 


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59450 Federal Register / Vol. 79, No. 191 / Thursday, October 2, 2014 / Rules and Regulations 

also consider whether extraordinary 

circumstances are present that would 

warrant the preparation of an EA or EIS. 

Id. Paragraph 3.c.5 of DOT Order 

5610.1C incorporates by reference the 

categorical exclusions for all DOT 

Operating Administrations. This action 

is covered by the categorical exclusion 

listed in the Federal Highway 

Administration’s implementing 

procedures, ‘‘[p]romulgation of rules, 

regulations, and directives.’’ 23 CFR 

771.117(c)(20). The purpose of this 

rulemaking is to make a correction to 

the Appendix to DOT’s Privacy Act 

regulations. The agency does not 

anticipate any environmental impacts 

and there are no extraordinary 

circumstances present in connection 

with this rulemaking. 

D. Executive Order 13132 

This action has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13132 dated August 4, 1999, and it has 

been determined that it does not have a 

substantial direct effect on, or sufficient 

federalism implications for, the States, 

nor would it limit the policymaking 

discretion of the States. Therefore, the 

preparation of a Federalism Assessment 

is not necessary. 

E. Executive Order 13084 

This action has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13084 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’). 

Because it has no effect on Indian Tribal 

Governments, the funding and 

consultation requirements of Executive 

Order 13084 do not apply. 

F. Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995 (PRA) (44 U.S.C. 3501, et seq.), 

Federal agencies must obtain approval 

from the Office of Management and 

Budget for each collection of 

information they conduct, sponsor, or 

require through regulations. The DOT 

has determined that this action does not 

contain a collection of information 

requirement for the purposes of the 

PRA. 

G. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Pub. L. 

104–4, 109 Stat. 48, March 22, 1995) 

requires Federal agencies to assess the 

effects of certain regulatory actions on 

State, local, and tribal governments, and 

the private sector. The UMRA requires 

a written statement of economic and 

regulatory alternatives for proposed and 

final rules that contain Federal 

mandates. A ‘‘Federal mandate’’ is a 

new or additional enforceable duty, 

imposed on any State, local, or tribal 

Government, or the private sector. If any 

Federal mandate causes those entities to 

spend, in aggregate, $143.1 million or 

more in any one year (adjusted for 

inflation), an UMRA analysis is 

required. This rule would not impose 

Federal mandates on any State, local, or 

tribal governments or the private sector. 

List of Subjects in 49 CFR Part 10 

Penalties, Privacy. 

In consideration of the foregoing, DOT 

amends part 10 of title 49, Code of 

Federal Regulations, as follows: 

■ 1. The authority citation for part 10 

continues to read as follows: 

Authority: 5 U.S.C. 552a; 49 U.S.C. 322. 

■ 2. Amend the Appendix to Part 10 by: 

■ a. In Part I, adding paragraph D; and 

■ b. In Part II, adding paragraphs B.3., 

D.4, and F.4. and revising paragraph F.2. 

The revisions and additions read as 

follows: 

Appendix to Part 10—Exemptions 

Part I. General Exemptions 

* * * * * 

D. General Investigations Record System, 

maintained by the Office of Investigations 

and Security, Office of the Secretary (DOT/ 

OST 016). 

* * * * * 

Part II. Specific Exemptions 

* * * * * 

B. * * * 

3. General Investigations Record System, 

maintained by the Office of Investigations 

and Security, Office of the Secretary (DOT/ 

OST 016). 

* * * * * 

D. * * * 

4. Personnel Security Records System, 

maintained by the Office of Investigations 

and Security, Office of the Secretary (DOT/ 

OST 035). 

* * * * * 

F. * * * 

2. Personnel Security Records System, 

maintained by the Office of Investigations 

and Security, Office of the Secretary (DOT/ 

OST 035). 

* * * * * 

4. General Investigations Record System, 

maintained by the Office of Investigations 

and Security, Office of the Secretary (DOT/ 

OST 016). 

* * * * * 

Issued in Washington, DC, on September 

24th, 2014, under authority delegated in 49 

CFR 1.27(c). 

Kathryn B. Thomson, 

General Counsel. 

[FR Doc. 2014–23470 Filed 10–1–14; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 355, 365, 369, 383, 384, 

385, 387, 390, 391, 392, 395, and 397 

[Docket No. FMCSA–2014–0262] 

RIN 2126–AB76 

General Technical, Organizational, and 

Conforming Amendments to the 

Federal Motor Carrier Safety 

Regulations 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Final rule. 

SUMMARY: FMCSA amends its 

regulations by making technical 

corrections throughout title 49 of the 

Code of Federal Regulations (CFR), 

subtitle B, chapter III. The Agency is 

making minor changes to correct errors 

and omissions, ensure conformity with 

Office of the Federal Register style 

guidelines, update references, and 

improve clarity and consistency of 

certain regulatory provisions. This rule 

does not make any substantive changes 

to the affected regulations. 

DATES: Effective October 2, 2014. The 

incorporation by reference of certain 

publications listed in the rule is 

approved by the Director of the Federal 

Register in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51 as of October 

2, 2014. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Alan Strasser, Federal Motor Carrier 

Safety Administration, Office of the 

Chief Counsel, Regulatory Affairs 

Division, 1200 New Jersey Avenue SE., 

Washington, DC 20590–0001, by 

telephone at (202) 366–0286 or via 

email at alan.strasser@dot.gov. Office 

hours are from 8:00 a.m. to 5:30 p.m. 

e.t., Monday through Friday, except 

Federal holidays. 

If you have questions on viewing the 

docket, please call Ms. Cheryl Collins, 

Program Manager, Docket Operations, 

telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Legal Basis for the Rulemaking 

Congress delegated certain powers to 

regulate interstate commerce to the 

United States Department of 

Transportation (DOT or Department) in 

numerous pieces of legislation, most 

notably in section 6 of the Department 

of Transportation Act (DOT Act) (Pub. 

L. 85–670, 80 Stat. 931 (1966)). Section 

55 of the DOT Act transferred to the 

Department the authority of the former 

Interstate Commerce Commission (ICC) 


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