Gross Combination Weight Rating (GCWR); Definition, 65497-65498 [2012-26550]

Download as PDF Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Rules and Regulations (3) The good or service is procured through a competitive process; (4) Existing or potential customers for the good or service other than the United States Government have been specified identified; (5) The long-term viability of the venture is not dependent upon a continued Government market or other nonreimbursable Government support; and (6) Private capital is at risk in the venture. The purpose of this final rule is to reconcile the NFS with the statutory authority for Anchor Tenancy contracts. The due date for public comments in response to the proposed rule was July 25, 2011. NASA received general comments in support of the rule from one respondent. The respondent expressed support for NASA’s rule, and noted that it reflects efforts aimed at achieving goals set forth in the Administration’s 2010 National Space Policy to support growth in the commercial space sector. During the comment period, NASA recognized a need to clarify the rule. Consequently, minor changes have been made to the proposed rule in this final rule, as follows: The discussion of statutory authority has been consolidated and simplified; it is now discussed only in paragraph (a). The final rule identifies what is meant by an anchor tenancy whereas anchor tenancy was previously described in the background of the Federal Register Notice for the proposed rule. B. Executive Orders 12866 and 13563 This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. In accordance with Executive Order 13563, Improving Regulation and Regulatory Review, dated January 18, 2011, NASA determined that this rule is not excessively burdensome to the public, and is consistent with the administrative nature of rule. This is not a major rule under 5 U.S.C. 804. rmajette on DSK2TPTVN1PROD with C. Regulatory Flexibility Act The final rule is not expected to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq. because it does not impose any new requirements on small entities. The rule clarifies NASA’s authority to enter into Anchor Tenancy contracts, under limited conditions. VerDate Mar<15>2010 12:17 Oct 26, 2012 Jkt 229001 D. Paperwork Reduction Act The Paperwork Reduction Act (Pub. L. 104–13) is not applicable because the NFS changes do not impose information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq. List of Subjects in 48 CFR Part 1812 Government procurement. William P. McNally, Assistant Administrator for Procurement. Accordingly, 48 CFR part 1812 is amended as follows: PART 1812—ACQUISITION OF COMMERCIAL ITEMS 1. The authority citation for 48 CFR part 1812 continues to read as follows: ■ Authority: 42 U.S.C. 2455(a), 2473(c)(1). 2. Section 1812.7000 is revised to read as follows. ■ 1812.7000 Anchor tenancy contracts. (a) Subject to receiving an appropriation that: (1) Authorizes a multi-year anchor tenancy contract; and (2) Specifies the commercial space product or service to be developed or used, NASA may enter into a multi-year anchor tenancy contract only if Administrator determines— (i) The good or service meets the mission requirements of the National Aeronautics and Space Administration; (ii) The commercially procured good or service is cost effective; (iii) The good or service is procured through a competitive process; (iv) Existing or potential customers for the good or service other than the United States Government have been specifically identified; (v) The long-term viability of the venture is not dependent upon a continued Government market or other nonreimbursable Government support; and (vi) Private capital is at risk in the venture. (b) Contracts entered into under such authority may provide for the payment of termination liability in the event that the Government terminates such contracts for its convenience. (1) Contracts that provide for this payment of termination liability shall include a fixed schedule of such termination liability payments. Liability under such contracts shall not exceed the total payments which the Government would have made after the date of termination to purchase the good or service if the contract were not terminated. PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 65497 (2) Subject to appropriations, funds available for such termination liability payments may be used for purchase of the good or service upon successful delivery of the good or service pursuant to the contract. In such case, sufficient funds shall remain available to cover any remaining termination liability. (c) Limitations. (1) Contracts entered into under such authority shall not exceed 10 years in duration. (2) Such contracts shall provide for delivery of the good or service on a firm, fixed price basis. (3) To the extent practicable, reasonable performance specifications shall be used to define technical requirements in such contracts. (4) In any such contract, the Administrator shall reserve the right to completely or partially terminate the contract without payment of such termination liability because of the contractor’s actual or anticipated failure to perform its contractual obligations. (d) The term ‘‘anchor tenancy’’ means an arrangement in which the United States Government agrees to procure sufficient quantities of a commercial space product or service needed to meet Government mission requirements so that a commercial venture is made viable. [FR Doc. 2012–26546 Filed 10–26–12; 8:45 am] BILLING CODE 7510–01–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Parts 383 and 390 [Docket No. FMCSA–2012–0156] RIN 2126–AB53 Gross Combination Weight Rating (GCWR); Definition Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Withdrawal of direct final rule. AGENCY: FMCSA withdraws its August 27, 2012, direct final rule (DFR) amending the definition of ‘‘gross combination weight rating’’ (GCWR) in 49 CFR parts 383 and 390. The DFR would have taken effect on October 26, 2012. However, the Agency received several adverse comments in response to the DFR and will, therefore develop a notice of proposed rulemaking to request public comments on proposed changes to the GCWR definition. DATES: The direct final rule published August 27, 2012 (77 FR 51706) is withdrawn effective October 26, 2012. SUMMARY: E:\FR\FM\29OCR1.SGM 29OCR1 65498 Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Rules and Regulations Tom Kelly, Office of Enforcement and Program Delivery, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001, by telephone at (202) 366–1812 or via email at Thomas.Kelly@dot.gov. Office hours are from 9 a.m. to 5 p.m. ET, Monday through Friday, except Federal holidays. If you have questions on viewing or submitting material to the docket, contact Renee V. Wright, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Public Participation and Request for Comments A. Viewing Comments and Documents To view comments, go to http:// www.regulations.gov, FMCSA–2012– 0156. If you do not have access to the internet, you may also view the docket online by visiting the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. B. Privacy Act Anyone can search the electronic form of comments received into 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 a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). rmajette on DSK2TPTVN1PROD with II. Background On August 27, 2012, FMCSA published a DFR to amend the definition of ‘‘gross combination weight rating’’ (GCWR) in 49 CFR parts 383 and 390. The DFR provided that the rule would be effective October 26, 2012, if no adverse comments were received by September 26, 2012. In view of three adverse comments submitted to the docket, FMCSA withdraws the DFR through this notice. Commenter John F. Nowak stated that the definition of GCWR should not be amended until the National Highway Traffic Safety Administration (NHTSA) changes its regulations to require manufacturers to include a vehicle’s GCWR in addition to its gross vehicle weight rating (GVWR) on the certification label. He argued that it was difficult at this time for drivers, motor carriers, and law enforcement officers to obtain GCWR information quickly. Mr. VerDate Mar<15>2010 12:17 Oct 26, 2012 Jkt 229001 Nowak claimed that currently only the second half of the existing definition of GCWR is readily available for use by carrier and enforcement personnel. This commenter went on to say that because FMCSA must be aware of the difficulty in obtaining the manufacturer’s GCWR for any particular vehicle, the second sentence of the existing definition must be retained. Currently, the definitions in 49 CFR 383.5 and 390.5 both define Gross combination weight rating (GCWR) as the value specified by the manufacturer as the loaded weight of a combination (articulated) vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR 1 of the power unit and the total weight of the towed unit and any load thereon. Mr. Nowak agrees with FMCSA that the definition of GCWR should ultimately be changed to reflect NHTSA’s definition of that term. Prior to this change, however, he suggests that the FMCSA place the responsibility for obtaining GCWR information on law enforcement officers and refrain from taking adverse action against drivers or carriers for failure to have this information. Commenter Bryce Baker indicates that manufacturers do not list the GCWR on the vehicle. Even if such a value is available from the manufacturer, he states, the time needed to obtain the information would make enforcement fruitless. Although commenter David S. McQueen also opposes the change included in the DFR, his position seems to be based on a misunderstanding of the GCWR definition used by the National Highway Traffic Safety Administration. FMCSA Response: The comments submitted by these three individuals qualify as adverse. Therefore, under 49 CFR 389.39(d), FMCSA withdraws the direct final rule of August 27, 2012 (77 FR 51706). Issued on: October 22, 2012. Larry W. Minor, Associate Administrator, Office of Policy, Federal Motor Carrier Safety Administration. [FR Doc. 2012–26550 Filed 10–26–12; 8:45 am] BILLING CODE 4910–EX–P 1 GVWR PO 00000 stands for gross vehicle weight rating. Frm 00038 Fmt 4700 Sfmt 4700 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 0907301205–0289–02] RIN 0648–XC290 Fisheries of the Northeastern United States; Atlantic Herring Fishery; Adjustment to the Atlantic Herring Management Area 1A Sub-Annual Catch Limit National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason adjustment. AGENCY: NMFS adjusts the 2012 fishing year sub-annual catch limit for Atlantic Herring Management Area 1A due to an under-harvest in the New Brunswick weir fishery. This action complies with the 2010–2012 specifications and management measures for the Atlantic Herring Fishery Management Plan. DATES: Effective November 1, 2012, through December 31, 2012. FOR FURTHER INFORMATION CONTACT: Lindsey Feldman, Fishery Management Specialist, 978–675–2179, Fax 978–281– 9135. SUPPLEMENTARY INFORMATION: Regulations governing the Atlantic herring fishery are found at 50 CFR part 648. The regulations require annual specification of the overfishing limit, acceptable biological catch (ABC), annual catch limit (ACL), optimum yield (OY), domestic harvest and processing, U.S. at-sea processing, border transfer and sub-ACLs for each management area. The 2012 Domestic Annual Harvest was set as 91,200 metric tons (mt); the sub-ACL allocated to Area 1A for the 2012 fishing year (FY) was 26,546 mt and no herring catch was set aside for research in the 2010–2012 specifications (75 FR 48874, August 12, 2010). Due to an over-harvest in Area 1A in 2010, the FY 2012 sub-ACL in Area 1A was revised to 24,668 mt on February 24, 2012 (77 FR 10978, February 24, 2012). An additional 295 mt of the Area 1A sub-ACL is set aside for fixed gear fisheries west of Cutler, ME, until November 1, 2012, reducing the Area 1A sub-ACL to 24,373 mt. Due to the variability of Canadian catch in the New Brunswick weir fishery, a 3,000 mt portion of the 9,000 mt buffer between ABC and OY (the buffer to account for Canadian catch) is allocated SUMMARY: E:\FR\FM\29OCR1.SGM 29OCR1

Agencies

[Federal Register Volume 77, Number 209 (Monday, October 29, 2012)]
[Rules and Regulations]
[Pages 65497-65498]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26550]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 383 and 390

[Docket No. FMCSA-2012-0156]
RIN 2126-AB53


Gross Combination Weight Rating (GCWR); Definition

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Withdrawal of direct final rule.

-----------------------------------------------------------------------

SUMMARY: FMCSA withdraws its August 27, 2012, direct final rule (DFR) 
amending the definition of ``gross combination weight rating'' (GCWR) 
in 49 CFR parts 383 and 390. The DFR would have taken effect on October 
26, 2012. However, the Agency received several adverse comments in 
response to the DFR and will, therefore develop a notice of proposed 
rulemaking to request public comments on proposed changes to the GCWR 
definition.

DATES: The direct final rule published August 27, 2012 (77 FR 51706) is 
withdrawn effective October 26, 2012.

[[Page 65498]]


FOR FURTHER INFORMATION CONTACT: Tom Kelly, Office of Enforcement and 
Program Delivery, Federal Motor Carrier Safety Administration, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001, by telephone at (202) 
366-1812 or via email at Thomas.Kelly@dot.gov. Office hours are from 9 
a.m. to 5 p.m. ET, Monday through Friday, except Federal holidays. If 
you have questions on viewing or submitting material to the docket, 
contact Renee V. Wright, Program Manager, Docket Operations, telephone 
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

A. Viewing Comments and Documents

    To view comments, go to http://www.regulations.gov, FMCSA-2012-
0156. If you do not have access to the internet, you may also view the 
docket online by visiting the Docket Management Facility in Room W12-
140 on the ground floor of the Department of Transportation West 
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

B. Privacy Act

    Anyone can search the electronic form of comments received into 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 a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

II. Background

    On August 27, 2012, FMCSA published a DFR to amend the definition 
of ``gross combination weight rating'' (GCWR) in 49 CFR parts 383 and 
390. The DFR provided that the rule would be effective October 26, 
2012, if no adverse comments were received by September 26, 2012. In 
view of three adverse comments submitted to the docket, FMCSA withdraws 
the DFR through this notice.
    Commenter John F. Nowak stated that the definition of GCWR should 
not be amended until the National Highway Traffic Safety Administration 
(NHTSA) changes its regulations to require manufacturers to include a 
vehicle's GCWR in addition to its gross vehicle weight rating (GVWR) on 
the certification label. He argued that it was difficult at this time 
for drivers, motor carriers, and law enforcement officers to obtain 
GCWR information quickly. Mr. Nowak claimed that currently only the 
second half of the existing definition of GCWR is readily available for 
use by carrier and enforcement personnel. This commenter went on to say 
that because FMCSA must be aware of the difficulty in obtaining the 
manufacturer's GCWR for any particular vehicle, the second sentence of 
the existing definition must be retained.
    Currently, the definitions in 49 CFR 383.5 and 390.5 both define 
Gross combination weight rating (GCWR) as the value specified by the 
manufacturer as the loaded weight of a combination (articulated) 
vehicle. In the absence of a value specified by the manufacturer, GCWR 
will be determined by adding the GVWR \1\ of the power unit and the 
total weight of the towed unit and any load thereon.
---------------------------------------------------------------------------

    \1\ GVWR stands for gross vehicle weight rating.
---------------------------------------------------------------------------

    Mr. Nowak agrees with FMCSA that the definition of GCWR should 
ultimately be changed to reflect NHTSA's definition of that term. Prior 
to this change, however, he suggests that the FMCSA place the 
responsibility for obtaining GCWR information on law enforcement 
officers and refrain from taking adverse action against drivers or 
carriers for failure to have this information.
    Commenter Bryce Baker indicates that manufacturers do not list the 
GCWR on the vehicle. Even if such a value is available from the 
manufacturer, he states, the time needed to obtain the information 
would make enforcement fruitless. Although commenter David S. McQueen 
also opposes the change included in the DFR, his position seems to be 
based on a misunderstanding of the GCWR definition used by the National 
Highway Traffic Safety Administration.
    FMCSA Response: The comments submitted by these three individuals 
qualify as adverse. Therefore, under 49 CFR 389.39(d), FMCSA withdraws 
the direct final rule of August 27, 2012 (77 FR 51706).

    Issued on: October 22, 2012.
Larry W. Minor,
Associate Administrator, Office of Policy, Federal Motor Carrier Safety 
Administration.
[FR Doc. 2012-26550 Filed 10-26-12; 8:45 am]
BILLING CODE 4910-EX-P