Federal Register/Vol. 77, No. 4/Friday, January 6, 2012/Rules
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Federal Register / Vol. 77, No. 4 / Friday, January 6, 2012 / Rules and Regulations 751 71’’, in numerical sequence, and its the list in that section is incomplete and piecemeal into individual FMVSSs corresponding OMB Control No. ‘‘3090– has not been updated regularly. Instead, throughout Part 571. 0294’’. in many cases, materials have been This final rule moves those scattered incorporated piecemeal into individual references into the centralized list and PART 552—SOLICITATION FMVSSs. This final rule moves those moves the individual ‘‘incorporation by PROVISIONS AND CONTRACT scattered references into the centralized reference’’ paragraphs contained in CLAUSES list so that it contains all of the some of the sections of Part 571 into references. Additionally, this final rule § 571.5 so that all of the incorporations ■ 3. Amend section 552.239–71 by removes one obsolete FMVSS, No. 208a, appear in one location in that part. revising the date of the clause and as well as various obsolete provisions in Additionally, we are revising other paragraph (k) to read as follows: other FMVSSs. Those provisions are paragraphs in the sections of Part 571 in 552.239–71 Security Requirements for applicable to vehicles and equipment order to include citations to § 571.5 Unclassified Information Technology manufactured before dates that have when incorporated materials are Resources. already passed and are no longer needed referenced and to correct grammatical * * * * * in the Code of Federal Regulations errors. This rule does not substantively (CFR). alter or remove from Part 571 any of the Security Requirements for Unclassified existing incorporations by reference, Information Technology Resources DATES: The effective date of this final rule is February 6, 2012, except for the except for those publications that are [JAN 2012] only referenced in the obsolete standard * * * * * amendments to 49 CFR 571.108, which are effective December 1, 2012. The and provisions that, as discussed below, (k) GSA access. The Contractor shall afford are being removed from the CFR. GSA access to the Contractor’s and incorporation by reference of certain publications listed in the rule is However, this rule does make minor subcontractors’ facilities, installations, textual changes to the citations to the operations, documentation, databases, IT approved by the Director of the Federal publications incorporated by reference. systems and devices, and personnel used in Register as of February 6, 2012. The Specifically, this rule standardizes the performance of the contract, regardless of the incorporation by reference of certain format used to reference the various location. Access shall be provided to the publications listed in 49 CFR 571.108 is materials incorporated by reference and extent required, in GSA’s judgment, to approved by the Director of the Federal makes minor corrections to reflect the conduct an inspection, evaluation, Register as of December 1, 2012. investigation or audit, including accurate titles of these materials. Petitions for reconsideration must be vulnerability testing to safeguard against Additionally this rule incorporates the received by February 21, 2012. threats and hazards to the integrity, most recently reapproved versions of availability and confidentiality of GSA data ADDRESSES: Petitions for reconsideration several ASTM International standards.1 or to the function of information technology must be submitted to: Administrator, These versions are identical to the systems operated on behalf of GSA, and to National Highway Traffic Safety versions of the standards currently preserve evidence of computer crime. This Administration, 1200 New Jersey incorporated by reference. This rule also information shall be available to GSA upon Avenue SE., Washington, DC 20590. request. amends the title of the American FOR FURTHER INFORMATION CONTACT: You Association of Textile Chemists and * * * * * may contact William H. Shakely of the Colorists (AATCC) ‘‘Geometric Gray [FR Doc. 2011–33543 Filed 1–5–12; 8:45 am] NHTSA Office of Chief Counsel, NCC– Scale,’’ referenced in FMVSS Nos. 209 BILLING CODE 6820–61–P 110, National Highway Traffic Safety and 213, to its current title, ‘‘Gray Scale Administration, 1200 New Jersey for Evaluating Change in Color.’’ 2 These Avenue SE., Washington, DC 20590. amendments do not alter the substance DEPARTMENT OF TRANSPORTATION Telephone: (202) 366–2992; Facsimile: of any of the sections of Part 571 nor do (202) 366–3820. National Highway Traffic Safety they alter the requirements of the SUPPLEMENTARY INFORMATION: FMVSSs contained therein. Administration In addition to consolidating the list of I. Discussion materials incorporated by reference, this 49 CFR Part 571 Pursuant to 5 U.S.C. 552(a) and 1 CFR rule amends § 571.5 to include updated [Docket No. NHTSA–2011–0185] Part 51, when NHTSA wishes to language regarding how the public may incorporate the standards and practices obtain copies of the incorporated RIN 2127–AK89 of other standardizing bodies into its materials, including new procedures for Federal Motor Vehicle Safety FMVSSs, it may incorporate those materials by reference instead of 1 These standards are ASTM E1337–90 and Standards; Matters Incorporated by ASTM E1136–93. Various reapproval years are cited Reference reproducing them verbatim in the FMVSS. It must, however, obtain the in the FMVSSs in which these two standards are referenced. Additionally, several FMVSSs AGENCY: National Highway Traffic approval of the Director of the Federal inadvertently omit the version designation in the Safety Administration (NHTSA), Register for each such incorporation. citations to ASTM E1136–93. This document Department of Transportation (DOT). This final rule updates and consolidates incorporates by reference ASTM E1337–90 (Reapproved 2008), and ASTM E1136–93 ACTION: Final rule; technical all of the references to the many (Reapproved 2003). When ASTM International amendments. standards and practices that are reapproves a standard, it merely renews the incorporated by reference into the standard as is and makes no revisions. These SUMMARY: This final rule updates and FMVSSs in Part 571. Although this part versions are identical to those currently referenced consolidates all of the references to the already contains a section devoted to in the various sections of Part 571. 2 Grades 1 through 5 on the scale, including No. many standards and practices that are materials incorporated by reference, 2, which is the only grade referenced in the incorporated by reference into the § 571.5, Matter Incorporated by FMVSSs, have not been changed since the scale was Federal motor vehicle safety standards Reference, the list is incomplete in that adopted in 1954. The only substantive change since that time is the addition of half-grades (e.g., 1–2, 2– (FMVSSs). Although this part already section and has not been updated 3). However, this change does not alter the contains a section regarding regularly. Instead, in many cases, requirements of the FMVSSs that incorporate the publications incorporated by reference, materials have been incorporated scale. VerDate Mar<15>2010 14:39 Jan 05, 2012 Jkt 226001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\06JAR1.SGM 06JAR1 pmangrum on DSK3VPTVN1PROD with RULES 752 Federal Register / Vol. 77, No. 4 / Friday, January 6, 2012 / Rules and Regulations retrieving materials from the National not exist. The correct citation is 49 Order 13132 (Federalism), Executive Archives and Records Administration U.S.C. 30117. Second, paragraph S7.2.1 Order 12988 (Civil Justice Reform), the and a new format indicating the sections of FMVSS No. 202a incorrectly Unfunded Mandates Reform Act, the where incorporated materials are references paragraph S6.1 of that Paperwork Reduction Act, Executive referenced. Today’s document also standard. Paragraph S7.2.1 describes the Order 13045 (Protection of Children updates the contact information for all calculation of annual vehicle from Environmental Health and Safety sources of the incorporated materials, production for the purposes of the Risks), the National Technology including phone numbers and Web September 1, 2010, to September 1, Transfer and Advancement Act, and sites, where possible, to assist members 2011, phase-in of the rear seat Executive Order 13211 (Energy Effects), of the public in acquiring the requirements of the new standard. as applicable, in the underlying incorporated materials. However, paragraph S7.2.1 references substantive rules establishing and As indicated in the DATES section S6.1, which describes the percentage of amending the various sections of Part above, the amendments to FMVSS No. vehicles manufactured between 571. Those discussions are not affected 108 (§ 571.108) are not effective until September 1, 2009, and September 1, by these amendments. December 1, 2012. The reason for this 2010, that must comply with the new Regulatory Identifier Number (RIN) delay is that on December 4, 2007, standard as opposed to the old standard. NHTSA published a final rule amending The correct reference is paragraph S7.1, The Department of Transportation FMVSS No. 108 (72 FR 68234). The which describes the percentage of assigns a regulation identifier number purpose of the 2007 rule was to vehicles manufactured between (RIN) to each regulatory action listed in reorganize the standard and provide a September 1, 2010, and September 1, the Unified Agenda of Federal more straightforward and logical 2011, that must comply with the rear Regulations. The