Federal Motor Vehicle Safety Standards; Lamps, Reflective Devices, and Associated Equipment, 23254-23255 [2011-10025]
Download as PDF
<![CDATA[
23254
Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Proposed Rules
contractor that will receive access to the
nonpublic information must be operating
under a contract that contains the clause at
52.204–XX, Access to Nonpublic
Information, which obligates the contractor
to do the following:
(1) Utilize the nonpublic information only
for the purposes of performing the services
specified in this contract, and not for any
other purposes;
(2) Safeguard nonpublic information from
unauthorized use and disclosure;
(3) Limit access to the nonpublic
information to only those persons who need
it to perform services under this contract;
(4) Inform persons who may access
nonpublic information about their
obligations to utilize it only to perform the
services specified in this contract and to
safeguard that information from
unauthorized use and disclosure;
(5) Obtain a signed nondisclosure
agreement from each person who may have
access to the nonpublic information; and
(6) Report to the Contracting Officer any
violations of requirements (1) through (5) of
this paragraph as soon as the violation is
identified. This report shall include a
description of the violation and the proposed
actions to be taken by the contractor in
response to the violation, with follow-up
reports of corrective actions taken as
necessary.
(e) Paragraph (e) of the clause at 52.204–
XX, Access to Nonpublic Information,
included in the contract of the contractor
with access to the nonpublic information
provides that the third-party information
owner may have the right to pursue thirdparty beneficiary rights against the contractor
with access to the nonpublic information for
breaches of the requirements of that clause.
(f) Subcontracts. The Contractor shall
insert this clause, including this paragraph
(f), suitably modified to reflect the
relationship of the parties, in all subcontracts
that may require the furnishing of nonpublic
information to this agency under the
subcontract.
(End of clause)
52.204–YZ, Unequal Access to Nonpublic
Information.
As prescribed in 4.402–5, insert a
provision substantially the same as the
following:
jlentini on DSKJ8SOYB1PROD with PROPOSALS
Unequal Access to Nonpublic
Information (Date)
(a) Definition. Nonpublic information, as
used in this provision, means any
Government or third-party information that—
(1) Is exempt from disclosure under the
Freedom of Information Act (5 U.S.C. 552) or
otherwise protected from disclosure by
statute, Executive order, or regulation; or
(2) Has not been disseminated to the
general public, and the Government has not
yet determined whether the information can
or will be made available to the public.
(b) Pre-proposal requirements. Applying
the principles of 4.402, the offeror shall
inform the Contracting Officer, prior to the
submission of its offer, if it or any of its
VerDate Mar<15>2010
16:08 Apr 25, 2011
Jkt 223001
affiliates possesses any nonpublic
information relevant to the current
solicitation and provided by the Government,
either directly or indirectly; the offeror
should also advise the Contracting Officer of
any actions that the offeror proposes to take
to resolve the situation.
(c) Proposal requirements. If a firewall has
been used to mitigate the impact of access to
nonpublic information, the offeror
represents, to the best of its knowledge and
belief, that the firewall was implemented as
agreed, and was not breached during the
preparation of this offer; or, by checking this
box [ ], that the firewall was not implemented
or was breached, and additional explanatory
information is attached.
(End of provision)
PART 53—FORMS
53.204–1
[Amended]
28. Amend section 53.204–1 by
removing from paragraph (a) ‘‘(see
4.403(c)(1).)’’ and adding ‘‘(see 4.403–
2(c)(1).)’’ in its place.
[FR Doc. 2011–9415 Filed 4–25–11; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 571
[Docket No. NHTSA–2011–0052]
Federal Motor Vehicle Safety
Standards; Lamps, Reflective Devices,
and Associated Equipment
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Granting petition for
rulemaking.
AGENCY:
This notice grants the petition
for rulemaking submitted by the
Motorcycle Industry Council (MIC)
requesting that the agency amend the
license plate holder requirements of
Federal Motor Vehicle Safety Standard
(FMVSS) No. 108 to allow motorcycles
to mount license plates at an upward
angle of up to 30 degrees.1 Based on the
information received in MIC’s petition
and the petitions for reconsideration of
the December 4, 2007 final rule
reorganizing FMVSS No. 108,2 the
agency believes that MIC’s petition
merits further consideration through the
rulemaking process.
The National Highway Traffic Safety
Administration plans to initiate the
SUMMARY:
1 Motorcycle Industry Council Petition for
Rulemaking, March 14, 2005 (Docket No. NHTSA–
2005–20286–0009)
2 72 FR 68234 (December 4, 2007).
PO 00000
Frm 00047
Fmt 4702
Sfmt 4702
rulemaking process on this issue with a
notice of proposed rulemaking later this
year. The determination of whether to
issue a rule will be made in the course
of the rulemaking proceeding, in
accordance with statutory criteria.
FOR FURTHER INFORMATION CONTACT: For
technical issues: Markus Price, Office of
Crash Avoidance Standards (NVS–121),
NHTSA, 1200 New Jersey Avenue, SE.,
West Building, Washington, DC 20590
(Telephone: (202) 366–0098) (Fax: (202)
366–7002).
For legal issues: Jesse Chang, Office of
the Chief Counsel (NCC–112), NHTSA,
1200 New Jersey Avenue, SE., West
Building, Washington, DC 20590
(Telephone: (202) 366–2992) (Fax: (202)
366–3820).
SUPPLEMENTARY INFORMATION:
Background
On March 14, 2005, MIC submitted to
the agency a petition for rulemaking
requesting that the agency include an
additional subpart to FMVSS No. 108.
Specifically, MIC requested the addition
of a subpart to be designated as
S5.1.1.30, which would read as follows:
‘‘S5.1.1.30 On a motorcycle where the
upper edge of the license plate is not more
than 1.2 m (47.25 in.) from the ground, the
plate bearing the license numbers shall face
between 30 degrees upward and 15 degrees
downward from the vertical plane.’’
MIC submitted this petition for
rulemaking with the understanding that
the current FMVSS No. 108 requires
license plates to be mounted at ± 15
degrees of perpendicular to the plane on
which the vehicle stands. In their
petition, MIC took note that ‘‘although
the lighting standard doesn’t directly
speak to license plate mounting, the
requirement at issue is contained in
SAE J587 October 1981, which is
incorporated into FMVSS No. 108 in
Table III for license plate lamps.’’
Petitioner notes that the requirements of
the October 1981 Standard J587 are
different from the European Community
(ECE) regulations. By including the
proposed subpart, petitioner hopes to
harmonize the current motorcycle
license plate requirements with the
requirements in the ECE regulations.
Petitioner stated that this
harmonization would not adversely
affect safety or law enforcement efforts
but would serve to reduce unnecessary
design and manufacturing complexities
for its member companies. Further,
petitioner believes that by allowing a 30
degree upward angle, the manufacturers
will be afforded greater flexibility in
design without any detriment to real
world reflective illumination of the
license plates. As additional support for
E:\FR\FM\26APP1.SGM
26APP1
Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Proposed Rules
their request, MIC mentions that SAE
Standard J587 was updated in 1997 to
also allow for the 30 degree upward
angle permitted by the ECE regulations.
In addition to the MIC petition for
rulemaking of March 14, 2005, the
agency has received petitions for
reconsideration of the December 4, 2007
final rule that reorganized FMVSS No.
108. These petitions for reconsideration
were also concerned with license plate
holders and the mounting requirements.
In that final rule, the agency included
the license plate mounting requirements
of SAE Standard J587 (October 1981)
directly into the regulatory text.
Petitioners objected on the grounds that
the license plate mounting requirements
of the 1981 SAE standard were never
incorporated into FMVSS No. 108 and
thus should not be included in an
administrative rewrite of FMVSS No.
108 where the agency has stated no
intent to substantively change the
standard. A more detailed discussion of
these petitions is available in today’s
Federal Register where the agency has
issued a notice denying, in part, the
petitions for reconsideration of the
December 4, 2007 final rule.
jlentini on DSKJ8SOYB1PROD with PROPOSALS
Conclusion
Having received this petition for
rulemaking and the aforementioned
petitions for reconsideration of the
December 4, 2007 final rule reorganizing
FMVSS No. 108, the agency has decided
that MIC’s petition merits further
consideration through the rulemaking
process and hereby grants its petition
for rulemaking. The agency plans to
initiate the rulemaking process later this
year through the publication of a notice
of proposed rulemaking. This agency
also announces in a separate notice
published in today’s Federal Register
that it is denying the aforementioned
petitions for reconsideration as the
agency has decided to resolve this issue
through rulemaking. However, due to
the special circumstances and confusion
surrounding the license plate mounting
requirements among the relevant
stakeholders, the agency announces
through this notice that it will not
enforce the 15 degree license plate
holder mounting requirement during the
pendency of rulemaking on the issue of
that requirement.
The granting of the petition from MIC,
however, does not indicate that a final
rule will be issued as requested by MIC.
The determination of whether to issue a
rule and the content of the rule is made
after the study of the requested action
and the various alternatives in the
course of the rulemaking proceeding, in
accordance with statutory criteria.
VerDate Mar<15>2010
16:08 Apr 25, 2011
Jkt 223001
Issued on: April 21, 2011.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2011–10025 Filed 4–25–11; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 571
[Docket No. NHTSA–2007–28322]
Federal Motor Vehicle Safety
Standards; Lamps, Reflective Devices,
and Associated Equipment
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Denying, in part, petitions for
reconsideration.
AGENCY:
This document denies, in
part, the petitions for reconsideration of
the December 4, 2007, final rule
reorganizing Federal Motor Vehicle
Safety Standard (FMVSS) No. 108 (49
CFR 571.108). The petitions are denied
only as they relate to subpart S6.6.3
(License Plate Holder) of the final rule.
FOR FURTHER INFORMATION CONTACT: For
technical issues: Markus Price, Office of
Crash Avoidance Standards (NVS–121),
NHTSA, 1200 New Jersey Avenue, SE.,
West Building, Washington, DC 20590
(Telephone: (202) 366–0098) (Fax: (202)
366–7002).
For legal issues: Jesse Chang, Office of
the Chief Counsel (NCC–112), NHTSA,
1200 New Jersey Avenue, SE., West
Building, Washington, DC 20590
(Telephone: (202) 366–2992) (Fax: (202)
366–3820).
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On December 30, 2005, the agency
published in the Federal Register a
notice of proposed rulemaking
concerning 49 CFR 571.108 (Federal
Motor Vehicle Safety Standard No.
108).1 The agency stated that the goal of
the proposal was to ‘‘amend the
standard by reorganizing the regulatory
text so that it provides a more straightforward and logical presentation of the
applicable regulatory requirements.’’
After the publication of a final rule on
December 4, 2007,2 adopting the
proposal with revisions, the agency
received petitions for reconsideration
from Harley-Davidson Motor Company
(January 18, 2008) and Ford Motor
1 70
2 72
PO 00000
FR 77454 (December 30, 2005).
FR 68234 (December 4, 2007).
Frm 00048
Fmt 4702
Sfmt 4702
23255
Company (January 18, 2008) asking the
agency to reconsider the license plate
holder requirements in subpart S6.6.3.
A submission by the Motorcycle
Industry Council (MIC) on March 19,
2009 also requested a similar change to
S6.6.3. However, the MIC submission
was not timely for the purposes of
reconsidering this final rule and has
been considered as a petition for
rulemaking per 49 CFR 553.35.
In subpart S6.6.3 of the December 4,
2007 final rule, the agency included
provisions expressly requiring that
manufacturers of motor vehicles design
license plate holders so that the plane
surface of a license plate in the holder
would be within ± 15° of perpendicular
to the plane surface on which the
vehicle stands.
Paragraph S5.1.1 of the prereorganized version of FMVSS No. 108
required that passenger vehicles and
motorcycles be equipped with the
‘‘lamps, reflective devices, and
associated equipment’’ listed in Table III
of Standard 108. Table III listed lamps
such turn signal lamps, reflectors such
as reflex reflectors, and associated
equipment such as turn signal operating
units. Further, S5.1.1 required that the
equipment listed in Table III conform to
the corresponding SAE Standards listed
in that table. One of the listed items of
equipment was ‘‘license plate lamps.’’
Table III required ‘‘license plate lamps’’
to be designed to conform to SAE
Standard J587 (October 1981). Among
other requirements, SAE Standard J587
states in paragraph 6.1 that ‘‘the angle
between the plane of the license plate
and the plane on which the vehicle
stands will be 90 ± 15 deg.’’
Petitioners request that the agency
reconsider subpart S6.6.3 on a number
of grounds. First, petitioners contend
that license plate holders are not lamps,
reflective devices, or associated
equipment listed in Table III and thus
were never regulated under S5.1.1 of the
pre-reorganized version of FMVSS No.
108. Therefore, petitioners believe that
as a result of including S6.6.3 in the
reorganization of FMVSS No. 108, the
agency was imposing a new requirement
and contravening its statement in the
December 4, 2007 final rule that the
‘‘final rule does not impose any new
substantive requirements on
manufacturers.’’ In addition, petitioners
assert that the license plate mounting
provisions of SAE Standard J587 are
intended to serve the purpose of
ensuring an objective means of
measuring photometric performance,
but not intended to be a requirement.
Finally, petitioners request that should
the agency consider license plate
holders to be regulated, the agency
E:\FR\FM\26APP1.SGM
26APP1
]]>Agencies
[Federal Register Volume 76, Number 80 (Tuesday, April 26, 2011)]
[Proposed Rules]
[Pages 23254-23255]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10025]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. NHTSA-2011-0052]
Federal Motor Vehicle Safety Standards; Lamps, Reflective
Devices, and Associated Equipment
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Granting petition for rulemaking.
-----------------------------------------------------------------------
SUMMARY: This notice grants the petition for rulemaking submitted by
the Motorcycle Industry Council (MIC) requesting that the agency amend
the license plate holder requirements of Federal Motor Vehicle Safety
Standard (FMVSS) No. 108 to allow motorcycles to mount license plates
at an upward angle of up to 30 degrees.\1\ Based on the information
received in MIC's petition and the petitions for reconsideration of the
December 4, 2007 final rule reorganizing FMVSS No. 108,\2\ the agency
believes that MIC's petition merits further consideration through the
rulemaking process.
---------------------------------------------------------------------------
\1\ Motorcycle Industry Council Petition for Rulemaking, March
14, 2005 (Docket No. NHTSA-2005-20286-0009)
\2\ 72 FR 68234 (December 4, 2007).
---------------------------------------------------------------------------
The National Highway Traffic Safety Administration plans to
initiate the rulemaking process on this issue with a notice of proposed
rulemaking later this year. The determination of whether to issue a
rule will be made in the course of the rulemaking proceeding, in
accordance with statutory criteria.
FOR FURTHER INFORMATION CONTACT: For technical issues: Markus Price,
Office of Crash Avoidance Standards (NVS-121), NHTSA, 1200 New Jersey
Avenue, SE., West Building, Washington, DC 20590 (Telephone: (202) 366-
0098) (Fax: (202) 366-7002).
For legal issues: Jesse Chang, Office of the Chief Counsel (NCC-
112), NHTSA, 1200 New Jersey Avenue, SE., West Building, Washington, DC
20590 (Telephone: (202) 366-2992) (Fax: (202) 366-3820).
SUPPLEMENTARY INFORMATION:
Background
On March 14, 2005, MIC submitted to the agency a petition for
rulemaking requesting that the agency include an additional subpart to
FMVSS No. 108. Specifically, MIC requested the addition of a subpart to
be designated as S5.1.1.30, which would read as follows:
``S5.1.1.30 On a motorcycle where the upper edge of the license
plate is not more than 1.2 m (47.25 in.) from the ground, the plate
bearing the license numbers shall face between 30 degrees upward and
15 degrees downward from the vertical plane.''
MIC submitted this petition for rulemaking with the understanding
that the current FMVSS No. 108 requires license plates to be mounted at
15 degrees of perpendicular to the plane on which the
vehicle stands. In their petition, MIC took note that ``although the
lighting standard doesn't directly speak to license plate mounting, the
requirement at issue is contained in SAE J587 October 1981, which is
incorporated into FMVSS No. 108 in Table III for license plate lamps.''
Petitioner notes that the requirements of the October 1981 Standard
J587 are different from the European Community (ECE) regulations. By
including the proposed subpart, petitioner hopes to harmonize the
current motorcycle license plate requirements with the requirements in
the ECE regulations.
Petitioner stated that this harmonization would not adversely
affect safety or law enforcement efforts but would serve to reduce
unnecessary design and manufacturing complexities for its member
companies. Further, petitioner believes that by allowing a 30 degree
upward angle, the manufacturers will be afforded greater flexibility in
design without any detriment to real world reflective illumination of
the license plates. As additional support for
[[Page 23255]]
their request, MIC mentions that SAE Standard J587 was updated in 1997
to also allow for the 30 degree upward angle permitted by the ECE
regulations.
In addition to the MIC petition for rulemaking of March 14, 2005,
the agency has received petitions for reconsideration of the December
4, 2007 final rule that reorganized FMVSS No. 108. These petitions for
reconsideration were also concerned with license plate holders and the
mounting requirements. In that final rule, the agency included the
license plate mounting requirements of SAE Standard J587 (October 1981)
directly into the regulatory text. Petitioners objected on the grounds
that the license plate mounting requirements of the 1981 SAE standard
were never incorporated into FMVSS No. 108 and thus should not be
included in an administrative rewrite of FMVSS No. 108 where the agency
has stated no intent to substantively change the standard. A more
detailed discussion of these petitions is available in today's Federal
Register where the agency has issued a notice denying, in part, the
petitions for reconsideration of the December 4, 2007 final rule.
Conclusion
Having received this petition for rulemaking and the aforementioned
petitions for reconsideration of the December 4, 2007 final rule
reorganizing FMVSS No. 108, the agency has decided that MIC's petition
merits further consideration through the rulemaking process and hereby
grants its petition for rulemaking. The agency plans to initiate the
rulemaking process later this year through the publication of a notice
of proposed rulemaking. This agency also announces in a separate notice
published in today's Federal Register that it is denying the
aforementioned petitions for reconsideration as the agency has decided
to resolve this issue through rulemaking. However, due to the special
circumstances and confusion surrounding the license plate mounting
requirements among the relevant stakeholders, the agency announces
through this notice that it will not enforce the 15 degree license
plate holder mounting requirement during the pendency of rulemaking on
the issue of that requirement.
The granting of the petition from MIC, however, does not indicate
that a final rule will be issued as requested by MIC. The determination
of whether to issue a rule and the content of the rule is made after
the study of the requested action and the various alternatives in the
course of the rulemaking proceeding, in accordance with statutory
criteria.
Issued on: April 21, 2011.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2011-10025 Filed 4-25-11; 8:45 am]
BILLING CODE 4910-59-P
