Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Rules and Regulations 1629 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 135 

[Docket No.: FAA–2012–0007; Amdt. No. 

135–126] 

RIN 2120–AK02 

Authorization To Use Lower Than 

Standard Takeoff, Approach and 

Landing Minimums at Military and 

Foreign Airports 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This rulemaking would allow 

qualified operators to conduct lower 

than standard instrument flight rules 

(IFR) airport operations at military 

airports or outside the United States 

when authorized to do so by their 

operations specifications. This action is 

necessary because the current regulatory 

section limits certain operators to a 

takeoff minimum visibility of 1 mile, 

and a landing minimum visibility of 1⁄2

mile when conducting IFR operations at 

those airports, even when the operator 

has demonstrated the ability to safely 

conduct operations in lower visibility. 

The intended effect of this final rule is 

to bring the identified regulatory section 

into alignment with other sections of the 

regulations that currently permit lower 

than standard IFR operations at 

domestic civilian, foreign, and military 

airports when authorized to do so. 

DATES: Effective: February 27, 2012. 

Comments for inclusion in the Rules 

Docket must be received on or before 

February 10, 2012. 

ADDRESSES: Commenting on this Direct 

Final Rule. You may send comments 

identified by docket number FAA– 

2012–0007 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at (202) 493–2251. 

Privacy: The FAA will post all 

comments it receives, without change, 

to http://www.regulations.gov, including 

any personal information the 

commenter provides. Using the search 

function of the docket Web site, anyone 

can find and read the electronic form of 

all comments received into any FAA 

docket, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can be 

found in the Federal Register published 

on April 11, 2000 (65 FR 19477–19478), 

as well as at http:// 

www.Regulations.gov. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or go to Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

action, contact Gregory French, Air 

Transportation Division, 135 Air Carrier 

Operations Branch, AFS–250, Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–4112; email 

gregory.french@faa.gov. 

For legal questions concerning this 

action, contact Robert Frenzel, Office of 

the Chief Counsel, Operations Law 

Branch, (AGC–220), Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone (202) 267–3073; email 

robert.frenzel@faa.gov. 

SUPPLEMENTARY INFORMATION: Later in 

this preamble under the Additional 

Information section, we discuss how 

you can comment on this direct final 

rule and how we will handle your 

comments. Included in this discussion 

is related information about the docket. 

We also discuss how you can get a copy 

of this direct final rule and any related 

rulemaking documents. 

Authority for This Rulemaking 

The FAA’s authority to issue rules on 

aviation safety is found in Title 49 of the 

United States Code. This rulemaking is 

promulgated under the authority 

described in 49 U.S.C. 44701(a)(5), 

which requires the Administrator to 

promulgate regulations and minimum 

standards for other practices, methods, 

and procedures necessary for safety in 

air commerce and national security. 

This amendment to the regulation is 

within the scope of that authority 

because it prescribes an accepted 

method for ensuring the safe operation 

of aircraft at foreign and military 

airports when weather conditions are 

below standard minimums. 

The Direct Final Rule Procedure 

The FAA is adopting this final rule 

without prior notice and prior public 

comment as a direct final rule with 

comments. The FAA does not believe 

prior notice and prior public comment 

is necessary in this rule change because 

it is relieving to all concerned parties. 

In addition, the FAA recently published 

a Petition for Exemption from 

§ 135.225(f) for public comment (76 FR 

22445) and received only three 

comments, all in favor of the petition. 

The Regulatory Policies and 

Procedures of the Department of 

Transportation (DOT) provide that to 

the maximum extent possible, operating 

administrations of the DOT should 

provide an opportunity for public 

comment on regulations issued without 

prior notice (44 FR 1134). Accordingly, 

the FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. The agency also invites 

comments relating to the economic, 

environmental, energy, or federalism 

impacts that might result from adopting 

this final rule. 

Unless a written adverse or negative 

comment or a written notice of intent to 

submit an adverse or negative comment 

is received within the comment period, 

the regulation will become effective on 

the date specified above. After the close 

of the comment period, the FAA will 

publish a document in the Federal 

Register indicating that no adverse or 

negative comments were received and 

confirming the date on which the final 

rule will become effective. If the FAA 

does receive an adverse or negative 

comment within the comment period, or 

written notice of intent to submit such 

a comment, a document withdrawing 

the direct final rule will be published in 

the Federal Register, and a notice of 

proposed rulemaking may be published 

with a new comment period. 

See the ‘‘Additional Information’’ 

section for information on how to 

comment on this direct final rule and 

how the FAA will handle comments 

received. The ‘‘Additional Information’’ 

section also contains related 

information about the docket, privacy, 

and the handling of proprietary or 

confidential business information. In 

addition, there is information on 

obtaining copies of related rulemaking 

documents. 


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1630 Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Rules and Regulations 

I. Background 

The airport weather minimums that 

eventually evolved into § 135.225 

started development prior to 1957 in 

Civil Air Regulation part 60, Air Traffic 

Rules. Section 60.46, ‘‘Instrument 

Approach Procedures,’’ required the 

weather to be at least visual flight rules 

(VFR). The 1 mile and 1⁄2 mile visibility 

requirements that now appear in 

§ 135.225 first appeared in the 

regulations in the early 1960s. As 

aircraft, flight crewmember and avionics 

capabilities evolved, it became possible 

to safely conduct lower than standard 

takeoffs, approaches and landings. 

Qualified part 135 operators are 

allowed to conduct lower than standard 

IFR operations at domestic airports 

under § 135.225(g), 135.225(h) and 

135.225(i)(3) when authorized to do so 

through the issuance of Operations 

Specification C079 (OpSpec C079). 

However, § 135.225(f) limits a part 135 

operator to the standard visibility of 1 

mile for takeoffs and 1⁄2 mile for 

approaches when conducting the same 

type of operations at military airports or 

outside the United States. There is no 

provision under § 135.225(f) to allow 

lower than standard IFR operations 

through operations specifications. 

II. Discussion of the Direct Final Rule 

While many part 135 operators fly 

turbojet airplanes worldwide, we realize 

that not all part 135 operators have met 

the requirements necessary to conduct 

lower than standard IFR operations 

authorized by OpSpec C079. Therefore, 

we are amending § 135.225(f) to allow 

for lower than standard IFR operations 

at military and foreign airports only for 

those part 135 operators authorized 

through OpSpec C079. This action will 

align § 135.225(f) with § 135.225(g), 

135.225(h) and 135.225(i)(3), which 

permit operators to conduct certain 

lower than standard IFR operations 

when authorized to do so through the 

issuance of operations specifications. 

By amending § 135.225(f), the final 

rule would also align part 135 

regulations with similar provisions 

found in part 121 and part 91. For 

example, § 121.651(f), uses the 

alternative language, ‘‘Unless otherwise 

authorized in the certificate holder’s 

operations specifications * * *’’ to 

allow for the use of lower weather 

minimums than those prescribed by the 

appropriate foreign airport authority. 

Similarly, § 91.175 allows for lower 

than standard takeoff, approach, and 

landing at foreign and military airports 

by specific authorization. Section 

§ 91.175(a), which concerns approaches, 

and § 91.175(f)(1), which concerns 

takeoffs, include the language: ‘‘Unless 

otherwise authorized by the FAA’’. 

Section 91.175(g) specifically concerns 

military airports and uses the language, 

‘‘Unless otherwise prescribed by the 

Administrator.’’ 

A. Current Practice 

Based on the fact that an increasing 

number of consumers are relying on part 

135 operators for their travel and 

shipping needs and that OpSpec C079 

provides an equivalent level of safety, 

the FAA determined that it is in the 

public interest to grant exemptions from 

§ 135.225(f) to certificate holders who 

operate at military and foreign airports 

when those certificate holders have 

requested the exemption and otherwise 

meet all other regulatory requirements. 

To date, 22 grants of exemption from 

§ 135.225(f) have been issued with 

thirteen of them granted in 2011. 

As new aircraft replace the current 

fleet, more part 135 operators have the 

capability to perform at lower than 

standard takeoff, approach, and landing 

minimums. Therefore we have 

determined that it is unfair to continue 

to require the industry to bear the costs 

of the exemption process when an 

operations specification already exists 

that will allow the operations to be 

conducted safely. 

To allow the use of OpsSpec C079 for 

these operations, the FAA will 

incorporate a minor rule language 

change in § 135.225(f) to add the phrase 

‘‘unless authorized by the certificate 

holder’s operations specifications’’ 

immediately before the words ‘‘no pilot 

may * * *.’’ 

The FAA will then make changes to 

OpSpec C079 as appropriate to include 

authorized international airports with 

the listing of domestic airports. The 

language currently in § 135.225(f) 

referencing military and foreign airports 

will otherwise remain unchanged since 

not all part 135 operators will choose to 

apply for, nor be able to demonstrate the 

requirements necessary for the issuance 

of OpSpec C079. Part 91 and part 121 

regulations do not exclude the 

opportunity for a certificate holder to 

receive authorization to operate at lower 

than standard takeoff, approach, and 

landing minimums at military or foreign 

airports; therefore, they do not need to 

be changed. 

III. Regulatory Notices and Analyses 

A. Regulatory Evaluation 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Order 12866 and 

Executive Order 13563 direct that each 

Federal agency shall propose or adopt a 

regulation only upon a reasoned 

determination that the benefits of the 

intended regulation justify its costs. 

Second, the Regulatory Flexibility Act 

of 1980 (Pub. L. 96–354) requires 

agencies to analyze the economic 

impact of regulatory changes on small 

entities. Third, the Trade Agreements 

Act (Pub. L. 96–39) prohibits agencies 

from setting standards that create 

unnecessary obstacles to the foreign 

commerce of the United States. In 

developing U.S. standards, the Trade 

Act requires agencies to consider 

international standards and, where 

appropriate, that they be the basis of 

U.S. standards. Fourth, the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4) requires agencies to prepare a 

written assessment of the costs, benefits, 

and other effects of proposed or final 

rules that include a Federal mandate 

likely to result in the expenditure by 

State, local, or tribal governments, in the 

aggregate, or by the private sector, of 

$100 million or more annually (adjusted 

for inflation with base year of 1995). 

This portion of the preamble 

summarizes the FAA’s analysis of the 

economic impacts of this direct final 

rule. 

Department of Transportation Order 

DOT 2100.5 prescribes policies and 

procedures for simplification, analysis, 

and review of regulations. If the 

expected cost impact is so minimal that 

a proposed or final rule does not 

warrant a full evaluation, this order 

permits that a statement to that effect 

and the basis for it be included in the 

preamble if a full regulatory evaluation 

of the cost and benefits is not prepared. 

Such a determination has been made for 

this direct final rule. 

The reasoning for this determination 

follows. 14 CFR 135.225(f), IFR Takeoff, 

approach and landing minimums, 

provides guidance to pilots making an 

IFR takeoff or approach and landing at 

a military or foreign airport. Under 

§ 135.225(f), a part 135 operator may not 

conduct takeoffs, approaches and 

landings lower than the standard 

visibility of 1 mile for takeoffs and 1⁄2

mile for approaches. This direct final 

rule improves the efficiency of the 

current regulation by relieving operators 

of the burden of having to file repeated 

exemption requests to conduct 

operations that FAA has previously 

approved for their or other certificate 

holders’ operations. 

Part 135 operators are authorized 

through Operations Specification C079 

to conduct lower than standard IFR 

operations at U.S. domestic airports. 

Allowing these same operators to 

conduct similar operations at military 

and foreign airports would be cost 


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Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Rules and Regulations 1631 

beneficial. The net effect would be to 

eliminate the time, resources and 

documents required to apply for and 

process exemptions. As a result, the 

expected outcome will be a minimal 

impact with positive net benefits, and a 

full regulatory evaluation was not 

prepared. 

The FAA has, therefore, determined 

that this direct final rule is not a 

‘‘significant regulatory action’’ as 

defined in section 3(f) of Executive 

Order 12866, and is not ‘‘significant’’ as 

defined in DOT’s Regulatory Policies 

and Procedures. 

B. Regulatory Flexibility Determination 

The Regulatory Flexibility Act of 1980 

(Pub. L. 96–354) (RFA) establishes ‘‘as a 

principle of regulatory issuance that 

agencies shall endeavor, consistent with 

the objectives of the rule and of 

applicable statutes, to fit regulatory and 

informational requirements to the scale 

of the businesses, organizations, and 

governmental jurisdictions subject to 

regulation. To achieve this principle, 

agencies are required to solicit and 

consider flexible regulatory proposals 

and to explain the rationale for their 

actions to assure that such proposals are 

given serious consideration.’’ The RFA 

covers a wide-range of small entities, 

including small businesses, not-forprofit organizations, and small 

governmental jurisdictions. 

Agencies must perform a review to 

determine whether a rule will have a 

significant economic impact on a 

substantial number of small entities. If 

the agency determines that it will, the 

agency must prepare a regulatory 

flexibility analysis as described in the 

RFA. However, if an agency determines 

that a rule is not expected to have a 

significant economic impact on a 

substantial number of small entities, 

section 605(b) of the RFA provides that 

the head of the agency may so certify 

and a regulatory flexibility analysis is 

not required. The certification must 

include a statement providing the 

factual basis for this determination, and 

the reasoning should be clear. 

As noted above, the proposed changes 

to § 135.225(f) are cost relieving because 

this direct final rule removes the burden 

of having to file exemptions for landings 

and takeoffs under low visibility. 

Therefore, as FAA Administrator, I 

certify that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

C. International Trade Impact 

Assessment 

The Trade Agreements Act of 1979 

(Pub. L. 96–39), as amended by the 

Uruguay Round Agreements Act (Pub. 

L. 103–465), prohibits Federal agencies 

from establishing standards or engaging 

in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. 

Pursuant to these Acts, the 

establishment of standards is not 

considered an unnecessary obstacle to 

the foreign commerce of the United 

States, so long as the standard has a 

legitimate domestic objective, such as 

the protection of safety, and does not 

operate in a manner that excludes 

imports that meet this objective. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. The FAA has assessed 

the potential effect of this direct final 

rule and determined that it will have 

only a domestic impact and therefore 

creates no obstacles to the foreign 

commerce of the United States. 

D. Unfunded Mandates Assessment 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 

requires each Federal agency to prepare 

a written statement assessing the effects 

of any Federal mandate in a proposed or 

final agency rule that may result in an 

expenditure of $100 million or more (in 

1995 dollars) in any one year by State, 

local, and tribal governments, in the 

aggregate, or by the private sector; such 

a mandate is deemed to be a ‘‘significant 

regulatory action.’’ The FAA currently 

uses an inflation-adjusted value of 

$143.1 million in lieu of $100 million. 

This direct final rule does not contain 

such a mandate; therefore, the 

requirements of Title II of the Act do not 

apply. 

E. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)) requires that the 

FAA consider the impact of paperwork 

and other information collection 

burdens imposed on the public. The 

FAA has determined that there is no 

new requirement for information 

collection associated with this direct 

final rule. Rather, the time and cost of 

preparing, filing and waiting for a 

decision for an exemption request to 

perform the operations is eliminated by 

the direct final rule. 

F. International Compatibility 

In keeping with U.S. obligations 

under the Convention on International 

Civil Aviation, it is FAA policy to 

conform to International Civil Aviation 

Organization (ICAO) Standards and 

Recommended Practices to the 

maximum extent practicable. The FAA 

has reviewed the corresponding ICAO 

Standards and Recommended Practices 

and has identified no differences with 

these regulations. The direct final rule 

does not make changes to those portions 

of the regulations that require operators 

to follow international regulations 

where applicable. 

G. Environmental Analysis 

FAA Order 1050.1E identifies FAA 

actions that are categorically excluded 

from preparation of an environmental 

assessment or environmental impact 

statement under the National 

Environmental Policy Act in the 

absence of extraordinary circumstances. 

The FAA has determined this 

rulemaking action qualifies for the 

categorical exclusion identified in 

paragraph 312f and involves no 

extraordinary circumstances. 

IV. Executive Order Determinations 

A. Executive Order 13132, Federalism 

The FAA has analyzed this final rule 

under the principles and criteria of 

Executive Order 13132, Federalism. The 

agency determined that this action, 

since it is directed at airport operations 

conducted at airports outside the United 

States or at military airports, will not 

have a substantial direct effect on the 

States, or the relationship between the 

Federal Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, and, therefore, 

does not have Federalism implications. 

B. Executive Order 13211, Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use 

The FAA analyzed this final rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (May 18, 2001). The 

agency has determined that it is not a 

‘‘significant energy action’’ under the 

executive order and it is not likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy. 

Rather, since this rule is relieving, and 

increases potential takeoff and landing 

options to the operator, the FAA 

believes that this rule may result in a 

net energy savings. 

V. Additional Information 

A. Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. The agency also invites 

comments relating to the economic, 

environmental, energy, or federalism 

impacts that might result from adopting 

the rulemaking action in this document. 

The most helpful comments reference a 


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1632 Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Rules and Regulations 

specific portion of the rulemaking 

action, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

commenters should send only one copy 

of written comments, or if comments are 

filed electronically, commenters should 

submit only one time. 

The FAA will file in the docket all 

comments it receives, as well as a report 

summarizing each substantive public 

contact with FAA personnel concerning 

this rulemaking. Before acting on this 

rulemaking action, the FAA will 

consider all comments it receives on or 

before the closing date for comments. 

The FAA will consider comments filed 

after the comment period has closed if 

it is possible to do so without incurring 

expense or delay. The agency may 

change this rulemaking action in light of 

the comments it receives. 

Proprietary or Confidential Business 

Information: Do not file proprietary or 

confidential business information in the 

docket. Such information must be sent 

or delivered directly to the person 

identified in the FOR FURTHER

INFORMATION CONTACT section of this 

document, and marked as proprietary or 

confidential. If submitting information 

on a disk or CD–ROM, mark the outside 

of the disk or CD–ROM, and identify 

electronically within the disk or CD– 

ROM the specific information that is 

proprietary or confidential. 

Under 14 CFR 11.35(b), if the FAA is 

aware of proprietary information filed 

with a comment, the agency does not 

place it in the docket. It is held in a 

separate file to which the public does 

not have access, and the FAA places a 

note in the docket that it has received 

it. If the FAA receives a request to 

examine or copy this information, it 

treats it as any other request under the 

Freedom of Information Act (5 U.S.C. 

552). The FAA processes such a request 

under Department of Transportation 

procedures found in 49 CFR part 7. 

B. Availability of Rulemaking 

Documents 

An electronic copy of rulemaking 

documents may be obtained from the 

Internet by— 

1. Searching the Federal eRulemaking 

Portal (http://www.regulations.gov); 

2. Visiting the FAA’s Regulations and 

Policies Web page at http://www.faa.

gov/regulations_policies or 

3. Accessing the Government Printing 

Office’s Web page at http://www.fdsys.

gov. 

Copies may also be obtained by 

sending a request to the Federal 

Aviation Administration, Office of 

Rulemaking, ARM–1, 800 Independence 

Avenue SW., Washington, DC 20591, or 

by calling (202) 267–9680. Commenters 

must identify the docket or amendment 

number of this rulemaking. 

All documents the FAA considered in 

developing this rulemaking action, 

including economic analyses and 

technical reports, may be accessed from 

the Internet through the Federal 

eRulemaking Portal referenced in item 

(1) above. 

List of Subjects in 14 CFR Part 135 

Aircraft, Airmen, Approach 

minimums, Authorizations, Aviation 

safety, Foreign airports, Landing 

minimums, Military airports, Reporting 

and recordkeeping requirements, 

Takeoff minimums. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends chapter I of title 14, Code of 

Federal Regulations as follows: 

PART 135—OPERATING 

REQUIREMENTS: COMMUTER AND 

ON DEMAND OPERATIONS AND 

RULES GOVERNING PERSONS ON 

BOARD SUCH AIRCRAFT 

■ 1. The authority citation for part 135 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 41706, 40113, 

44701–44702, 44705, 44709, 44711–44713, 

44715–44717, 44722, 45101–45105. 

■ 2. Amend § 135.225 by revising 

paragraph (f) introductory text to read as 

follows: 

§ 135.225 IFR: Takeoff, approach and 

landing minimums. 

* * * * * 

(f) Each pilot making an IFR takeoff or 

approach and landing at a military or 

foreign airport shall comply with 

applicable instrument approach 

procedures and weather minimums 

prescribed by the authority having 

jurisdiction over that airport. In 

addition, unless authorized by the 

certificate holder’s operations 

specifications, no pilot may, at that 

airport— 

* * * * * 

Issued in Washington, DC, on December 

27, 2011. 

Michael P. Huerta, 

Acting Administrator. 

[FR Doc. 2012–356 Filed 1–10–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Office of the Secretary 

31 CFR Part 1 

RIN 1505–AC31 

Privacy Act of 1974; Implementation 

AGENCY: Departmental Offices, Treasury. 

ACTION: Final rule. 

SUMMARY: In accordance with the 

Privacy Act of 1974, the Department of 

the Treasury gives notice of an 

amendment to update its Privacy Act 

regulations to add an exemption from 

certain provisions of the Privacy Act for 

a system of records related to the Office 

of Civil Rights and Diversity. 

DATES: Effective date: January 11, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Mariam G. Harvey, Department of the 

Treasury, 1500 Pennsylvania Avenue 

NW., Washington, DC 20220, at (202) 

622–0316, (202) 622–0367 (fax), or via 

electronic mail at 

ocrd.comments@do.treas.gov. 

SUPPLEMENTARY INFORMATION: The 

Departmental Offices published a 

system of records notice on September 

8, 2011, at 76 FR 55737, establishing a 

new system of records entitled 

‘‘Treasury .013—Department of the 

Treasury Civil Rights Complaints and 

Compliance Review Files.’’ 

On September 9, 2011, the 

Department also published, at 76 FR 

55839, a proposed rule that would 

amend 31 CFR 1.36(g)(1)(i). The 

proposed rule would exempt the new 

system of records (Treasury .013) from 

certain provisions of the Privacy Act 

pursuant to 5 U.S.C. 552a(k)(2). 

The proposed rule requested that the 

public submit comments to the 

Department of the Treasury, Office of 

Civil Rights and Diversity and no 

comments were received. Accordingly, 

the Department is hereby giving notice 

that the system of records entitled 

‘‘Treasury .013—Department of the 

Treasury Civil Rights Complaints and 

Compliance Review Files’’ is exempt 

from certain provisions of the Privacy 

Act, pursuant to 5 U.S.C. 552a(k)(2) as 

set forth in the proposed rule. 

This final rule is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866. 

Pursuant to the requirements of the 

Regulatory Flexibility Act (RFA), 5 

U.S.C. 601–612, it is hereby certified 

that this rule will not have significant 

economic impact on a substantial 

number of small entities. This 

certification is based on the fact that the 

final rule affects individuals and not 


pmangrum on DSK3VPTVN1PROD with RULES