Federal Register / Vol. 79, No. 245 / Monday, December 22, 2014 / Rules and Regulations 76239 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 14–179, RM–11736; DA 14– 

1834] 

Television Broadcasting Services; 

Denver, Colorado 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: A petition for rulemaking was 

filed by Entravision Holdings, LLC 

(‘‘Entravision’’), the licensee of 

KCEC(TV), channel 51, Denver, 

Colorado, requesting the substitution of 

channel 26 for channel 51 at Denver. 

Entravision filed comments reaffirming 

its interest in the proposed channel 

substitution and explained that the 

channel substitution will allow it to 

serve all viewers currently receiving 

digital service while eliminating any 

potential interference with wireless 

operations in the Lower 700 MHZ A 

Block located adjacent to channel 51 in 

Denver. Entravision states that it will 

file an application for a construction 

permit for channel 26 and implement 

the change in accordance with the 

Commission’s rules upon adoption of 

the channel substitution. 

DATES: Effective December 22, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Bernstein, Joyce.Bernstein@

fcc.gov, Media Bureau, (202) 418–1647. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 14–179, 

adopted December 16, 2014, and 

released December 16, 2014. The full 

text of this document is available for 

public inspection and copying during 

normal business hours in the FCC’s 

Reference Information Center at Portals 

II, CY–A257, 445 12th Street SW., 

Washington, DC 20554. This document 

will also be available via ECFS (http:// 

fjallfoss.fcc.gov/ecfs/). This document 

may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street SW., Room CY–B402, 

Washington, DC 20554, telephone 1– 

800–478–3160 or via the company’s 

Web site, http://www.bcpiweb.com. To 

request materials in accessible formats 

for people with disabilities (braille, 

large print, electronic files, audio 

format), send an email to fcc504@fcc.gov 

or call the Consumer & Governmental 

Affairs Bureau at 202–418–0530 (voice), 

202–418–0432 (tty). 

This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

information collection burden ‘‘for 

small business concerns with fewer than 

25 employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

The Commission will send a copy of 

the 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 

Television. 

Federal Communications Commission. 

Barbara A. Kreisman, 

Chief, Video 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. 

§ 73.622 [Amended] 

■ 2. Section 73.622(i), the PostTransition Table of DTV Allotments 

under Colorado is amended by 

removing channel 51 and adding 

channel 26 at Denver. 

[FR Doc. 2014–29919 Filed 12–19–14; 8:45 am] 

BILLING CODE 6712–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

48 CFR Parts 1509, 1527, and 1552 

[EPA–HQ–OARM–2013–0224; FRL–9920– 

80–OARM] 

Acquisition Regulation: Incorporation 

of Class Deviation to Notification of 

Conflicts of Interest Regarding 

Personnel and Project Employee 

Confidentiality Agreement 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is amending the EPA 

Acquisition Regulation (EPAAR) to 

incorporate a class deviation to clause 

1552.209–73, Notification of Conflicts of 

Interest Regarding Personnel, and 

1552.227–76, Project Employee 

Confidentiality Agreement, and their 

respective prescriptions, to include 

Alternate 1 for the subcontract flowdown requirements for other than 

Superfund work. The class deviation to 

the two clauses was executed to address 

the increased use of these conflict of 

interest (COI) clauses in non-Superfund 

contracts to better protect the Agency 

from COI. The Superfund flow-down 

language in the basic clauses does not 

apply or relate to non-Superfund 

contracts and would likely be confusing 

if the Superfund specific language was 

not deleted. The rule also provides for 

minor administrative edits. 

DATES: This final rule is effective on 

January 21, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OARM–2013–0224. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials 

are available either electronically 

through www.regulations.gov or in hard 

copy at the EPA Docket Center, OEI 

Docket, EPA/DC, EPA West, Room 3334, 

1301 Constitution Ave. NW., 

Washington, DC. The Public Reading 

Room is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the Public Reading Room is (202) 

566–1744, and the telephone number for 

the OEI Docket Center is (202) 566– 

1752. 

FOR FURTHER INFORMATION CONTACT: 

Jared F. Van Buskirk, Policy, Training, 

and Oversight Division, Office of 

Acquisition Management (3802R), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460; telephone number: 202–564– 

3010; email address: vanbuskirk.jared@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

EPA published a proposed rule in the 

Federal Register at 79 FR 49033, August 

19, 2014, to update the EPAAR to 

incorporate a class deviation that was 

executed to add subcontract flow-down 

requirements for other than Superfund 

work to the two clauses: 1552.209–73 

and 1552.227–76. The Agency’s COI 

clauses are generally written to address 

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76240 Federal Register / Vol. 79, No. 245 / Monday, December 22, 2014 / Rules and Regulations 

COI for the Superfund programs. These 

two clauses are increasingly included in 

non-Superfund contracts to better 

protect the Agency from COI. No 

comments were received and no other 

changes were made to the proposed 

rule. 

II. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. No 

information is collected under this 

action. 

C. Regulatory Flexibility Act (RFA), as 

Amended by the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (SBREFA), 5 U.S.C. 601 et seq. 

The Regulatory Flexibility Act 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute; unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impact 

of today’s final rule on small entities, 

‘‘small entity’’ is defined as: (1) A small 

business that meets the definition of a 

small business found in the Small 

Business Act and codified at 13 CFR 

121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this rule on small entities, I 

certify that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

This action revises a current EPAAR 

provision and does not impose 

requirements involving capital 

investment, implementing procedures, 

or record keeping. This rule will not 

have a significant economic impact on 

small entities. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, Local, 

and Tribal governments and the private 

sector. 

This rule contains no Federal 

mandates (under the regulatory 

provisions of the Title II of the UMRA) 

for State, Local, and Tribal governments 

or the private sector. The rule imposes 

no enforceable duty on any State, Local 

or Tribal governments or the private 

sector. Thus, the rule is not subject to 

the requirements of Sections 202 and 

205 of the UMRA. 

E. Executive Order 13132: Federalism 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and Local officials in the development 

of regulatory policies that have 

federalism implications.’’ ‘‘Policies that 

have federalism implications’’ is 

defined in the Executive Order to 

include regulations that have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ 

This rule does not have federalism 

implications. It will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government as specified in 

Executive Order 13132. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ This rule does not have 

tribal implications as specified in 

Executive Order 13175. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

Executive Order 13045, entitled 

‘‘Protection of Children from 

Environmental Health and Safety Risks’’ 

(62 FR 19885, April 23, 1997), applies 

to any rule that: (1) Is determined to be 

economically significant as defined 

under Executive Order 12886, and (2) 

concerns an environmental health or 

safety risk that may have a 

proportionate effect on children. This 

rule is not subject to Executive Order 

13045 because it is not an economically 

significant rule as defined by Executive 

Order 12866, and because it does not 

involve decisions on environmental 

health or safety risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution of Use’’ (66 

FR 28335 (MAY 22, 2001), because it is 

not a significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act of 1995 (NTTAA) 

Section 12(d) (15 U.S.C 272 note) of 

NTTA, Public Law 104–113, directs 

EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. The NTTA directs EPA to 

provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This rulemaking does not involve 

technical standards. Therefore, EPA is 

not considering the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

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Federal Register / Vol. 79, No. 245 / Monday, December 22, 2014 / Rules and Regulations 76241 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this rule will 

not have disproportionately high and 

adverse human health or environmental 

effects on minority or low-income 

populations because it does not affect 

the level of protection provided to 

human health or the environment. This 

rulemaking does not involve human 

health or environmental affects. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. Section 804 

exempts from section 801 the following 

types of rules—(1) rules of particular 

applicability; (2) rules relating to agency 

management or personnel; and (3) rules 

of agency organization, procedure, or 

practice that do not substantially affect 

the rights or obligations of non-agency 

parties. EPA is not required to submit a 

rule report regarding today’s action 

under section 801 because this is a rule 

of agency organization, procedure, or 

practice that does not substantially 

affect the rights or obligations of nonagency parties. 

List of Subjects in 48 CFR Parts 1509, 

1527, and 1552 

Government procurement. 

Dated: December 1, 2014. 

John R. Bashista, 

Director, Office of Acquisition Management. 

Therefore, 48 CFR Chapter 15 is 

amended as set forth below: 

PART 1509—CONTRACTOR 

QUALIFICATIONS 

■ 1. The authority citation for part 1509 

continues to read as follows: 

Authority: Sec. 205(c), 63 Stat. 390, as 

amended, 40 U.S.C. 486(c). 

■ 2. Section 1509.507–2 is amended by 

revising paragraphs (a) and (b) and in 

paragraph (c) introductory text by 

removing the term ‘‘simplified 

acquisition procedures’’ and adding in 

its place ‘‘simplified acquisitions’’. 

The revisions read as follows: 

1509.507–2 Contract clause. 

(a) The Contracting Officer shall 

include the clause at 1552.209–71, in all 

Superfund contracts in excess of the 

simplified acquisition threshold and, as 

appropriate, in simplified acquisitions 

for Superfund work. Contracts for other 

than Superfund work shall include 

Alternate I in this clause in lieu of 

paragraph (e). 

(b) The Contracting Officer shall 

include the clause at 1552.209–73, in all 

solicitations and contracts for 

Superfund work in excess of the 

simplified acquisition threshold and, as 

appropriate, in simplified acquisitions 

for Superfund work. Contracts for other 

than Superfund work shall include 

Alternate I in this clause in lieu of 

paragraph (d). 

* * * * * 

PART 1527—PATENTS, DATA, AND 

COPYRIGHTS 

■ 3. The authority citation for part 1527 

continues to read as follows: 

Authority: Sec. 205(c), 63 Stat. 390, as 

amended, 40 U.S.C. 486(c). 

■ 4. Revise section 1527.409 to read as 

follows: 

1527.409 Solicitation provisions and 

contract clauses. 

The Contracting Officer shall insert 

the clause in 1552.227–76 in all 

Superfund solicitations and contracts in 

excess of the simplified acquisition 

threshold and, as appropriate, in 

simplified acquisitions for Superfund 

work. The clause may be used in other 

contracts if considered necessary by the 

Contracting Officer. Contracts for other 

than Superfund work shall include 

Alternate I in this clause in lieu of 

paragraph (d). 

PART 1552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 5. The authority citation for part 1552 

continues to read as follows: 

Authority: 5 U.S.C. 301; Sec. 205(c), 63 

Stat. 390, as amended, 40 U.S.C. 486(c); and 

41 U.S.C. 418b. 

■ 6. Section 1552.209–73 is amended by 

removing the term ‘‘Project Officer’’ in 

paragraphs (b) and (c) and adding in its 

place ‘‘Contracting Officer’s 

Representative’’ and adding Alternate I. 

The addition reads as follows: 

1552.209–73 Notification of conflicts of 

interest regarding personnel. 

* * * * * 

Alternate I. Contracts for other than 

Superfund work shall include Alternate 

I in this clause in lieu of paragraph (d). 

(d) The Contractor agrees to insert in 

each subcontract or consultant 

agreement placed hereunder provisions 

which shall conform substantially to the 

language of this clause, including this 

paragraph (d), unless otherwise 

authorized by the Contracting Officer. 

■ 7. Section 1552.227–76 is amended by 

adding Alternate I to read as follows: 

1552.227–76 Project employee 

confidentiality agreement. 

* * * * * 

Alternate I. Contracts for other than 

Superfund work shall include Alternate 

I in this clause in lieu of paragraph (d). 

(d) The Contractor agrees to insert in 

each subcontract or consultant 

agreement placed hereunder provisions 

which shall conform substantially to the 

language of this clause, including this 

paragraph (d), unless otherwise 

authorized by the Contracting Officer. 

[FR Doc. 2014–29868 Filed 12–19–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 395 

Hours of Service of Drivers 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of suspension of 

enforcement. 

SUMMARY: FMCSA suspends 

enforcement of certain sections of the 

Agency’s Hours of Service (HOS) rules 

as required by the Consolidated and 

Further Continuing Appropriations Act, 

2015, enacted December 16, 2014. 

Specifically, FMCSA suspends the 

requirements regarding the restart of a 

driver’s 60- or 70-hour limit that drivers 

were required to comply with beginning 

July 1, 2013. The restart provisions have 

no force or effect from the date of 

enactment of the Appropriations Act 

through the period of suspension, and 

such provisions are replaced with the 

previous restart provisions in effect on 

June 30, 2013. FMCSA provides this 

notification to motor carriers, 

commercial drivers, State Motor Carrier 

Safety Assistance Program grant 

recipients and other law enforcement 

personnel of these immediate 

enforcement changes. 

DATES: The suspension of enforcement 

of § 395.3(c) and (d) is effective as of 

12:01 a.m. on December 16, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Dee Williams, Chief, Compliance 

Division, Office of Enforcement and 

Compliance, Federal Motor Carrier 

Safety Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

mstockstill on DSK4VPTVN1PROD with RULES