Defense Federal Acquisition Regulation Supplement: Update of Challenge Period for Validation of Asserted Restrictions on Technical Data and Computer Software (DFARS Case 2022-D016); Extension of Comment Period, 5843-5844 [2023-01814]
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Federal Register / Vol. 88, No. 19 / Monday, January 30, 2023 / Proposed Rules
replace AM–20–01, AM–20–02, and
AM–20–03.
lotter on DSK11XQN23PROD with PROPOSALS1
V. Incorporation by Reference
In this rule, EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference
Wisconsin Administrative Code rules
NR 400, NR 419, NR 421, NR 422, NR
423, NR 425, NR 439, and NR 484 as
published in the Wisconsin Register
#797B on May 31, 2022, effective June
1, 2022, discussed in section III of this
preamble. EPA has made, and will
continue to make, these documents
generally available through
www.regulations.gov and at the EPA
Region 5 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
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• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Volatile organic compounds.
Dated: January 24, 2023.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2023–01723 Filed 1–27–23; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 252
[Docket DARS–2022–0030]
RIN 0750–AL67
Defense Federal Acquisition
Regulation Supplement: Update of
Challenge Period for Validation of
Asserted Restrictions on Technical
Data and Computer Software (DFARS
Case 2022–D016); Extension of
Comment Period
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Advance notice of proposed
rulemaking; extension of comment
period.
AGENCY:
DoD published an advance
notice of proposed rulemaking on
December 16, 2022, seeking public
input on a potential revision to the
SUMMARY:
PO 00000
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5843
Defense Federal Acquisition Regulation
Supplement (DFARS) to implement a
section of the National Defense
Authorization Act for Fiscal Year 2012
that addresses the validation of
proprietary data restrictions. The
deadline for submitting comments is
being extended to provide additional
time for interested parties to provide
comments.
DATES: The comment period for the
advance notice of proposed rulemaking
published December 16, 2022, at 87 FR
77055, is extended. Comments on the
advance notice of proposed rulemaking
should be submitted in writing to the
address shown in ADDRESSES on or
before March 16, 2023, to be considered
in the formation of a proposed rule.
ADDRESSES: Submit comments
identified by DFARS Case 2022–D016,
using any of the following methods:
Æ Federal eRulemaking Portal:
https://www.regulations.gov. Search for
‘‘DFARS Case 2022–D016.’’ Select
‘‘Comment’’ and follow the instructions
to submit a comment. Please include
‘‘DFARS Case 2022–D016’’ on any
attached documents.
Æ Email: osd.dfars@mail.mil. Include
DFARS Case 2022–D016 in the subject
line of the message.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided. To
confirm receipt of your comment(s),
please check https://
www.regulations.gov, approximately
two to three days after submission to
verify posting.
FOR FURTHER INFORMATION CONTACT:
David E. Johnson, telephone 202–913–
5764.
SUPPLEMENTARY INFORMATION: On
December 16, 2022, DoD published an
advance notice of proposed rulemaking
(ANPR) in the Federal Register at 87 FR
77055 seeking public input on potential
DFARS changes to implement section
815(b) of the National Defense
Authorization Act for Fiscal Year 2012
(Pub. L. 112–81). Section 815(b)
amended 10 U.S.C. 2321 (currently 10
U.S.C. 3782) by increasing the
validation period for asserted
restrictions from three years to six years.
Section 815(b) also amended 10 U.S.C.
2321 to provide an exception to the
prescribed time limit for validation of
asserted restrictions if the technical data
involved are the subject of a
fraudulently asserted use or release
restriction. The comment period for the
ANPR is extended to March 16, 2023, to
provide additional time for interested
parties to comment on the potential
DFARS changes.
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5844
Federal Register / Vol. 88, No. 19 / Monday, January 30, 2023 / Proposed Rules
List of Subjects in 48 CFR Part 252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
[FR Doc. 2023–01814 Filed 1–27–23; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 571
[Docket No. NHTSA–2023–0001]
Federal Motor Vehicle Safety
Standards; Rear Impact Guards; Denial
of Petition for Rulemaking
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Denial of petition for
rulemaking.
AGENCY:
This document denies a
petition for rulemaking from the
Commercial Vehicle Safety Alliance
(CVSA) requesting that NHTSA amend
Federal Motor Vehicle Safety Standard
(FMVSS) No. 223, ‘‘Rear Impact
Guards,’’ to remove the certification
label requirement in S5.3 of the
standard. The agency is denying the
petition because the requested
amendment would compromise the
enforcement of the rear impact guard
standard. Limiting the ability to identify
noncompliant products would reduce
the effectiveness of the standard and
increase the safety risk to the motoring
public.
DATES: January 30, 2023.
ADDRESSES: National Highway Traffic
Safety Administration, 1200 New Jersey
Avenue SE, West Building, Washington,
DC 20590.
FOR FURTHER INFORMATION CONTACT:
For technical issues: Ms. Lina
Valivullah, National Highway Traffic
Safety Administration, 1200 New Jersey
Avenue SE, West Building, Washington,
DC 20590, (telephone) 202–366–8786,
(email) Lina.Valivullah@dot.gov.
For legal issues: Ms. Callie Roach,
Office of the Chief Counsel, National
Highway Traffic Safety Administration,
1200 New Jersey Avenue SE, West
Building, Washington, DC 20590,
(telephone) 202–366–2992, (email)
Callie.Roach@dot.gov.
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with PROPOSALS1
SUMMARY:
Background
Rear impact guards for trailers reduce
the risk to passenger vehicle occupants
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in crashes in which a passenger vehicle
impacts the rear end of a trailer or
semitrailer. Rear impact guards must be
certified as meeting applicable safety
standards. S5.3 of FMVSS No. 223 and
S5.1 of FMVSS No. 224 include the
requirements relevant to this petition.
The regulation at 49 CFR 571.223,
S5.3, provides that each guard shall be
permanently labeled with the
information specified in S5.3(a) through
(c) of FMVSS No. 223. The information
shall be in English and in letters that are
at least 2.5 mm high. The label shall be
placed on the forward- or rearwardfacing surface of the horizontal member
of the guard, provided that the label
does not interfere with the
retroreflective sheeting required by
S5.7.1.4.1(c) of FMVSS No. 108 (49 CFR
571.108), and is readily accessible for
visual inspection. The specified
information includes: (a) the guard
manufacturer’s name and address, (b)
the statement: ‘‘Manufactured in ll’’
(inserting the month and year of guard
manufacture), and (c) the letters ‘‘DOT,’’
constituting a certification by the guard
manufacturer that the guard conforms to
all requirements of this standard. The
regulation at 49 CFR 571.224, S5.1,
requires that each vehicle shall be
equipped with a rear impact guard
certified as meeting FMVSS No. 223.
The Petition
NHTSA received a petition for
rulemaking from the Commercial
Vehicle Safety Alliance (CVSA) 1 on
March 12, 2019, requesting NHTSA to
initiate a rulemaking proceeding to
amend FMVSS No. 223, ‘‘Rear Impact
Guards,’’ by removing the certification
label requirement in S5.3 of the
standard. CVSA provided the following
justification for its petition for
rulemaking regarding the certification
label requirement.
1. CVSA states that the certification
label requirement ‘‘is resulting in the
citation of rear impact guards that
otherwise meet the physical
requirements and have no negative
impact on safety.’’ CVSA states that they
are also petitioning the Federal Motor
Carrier Safety Administration (FMCSA)
to remove the certification label
requirement in the Federal Motor
Carrier Safety Regulations (FMCSR) and
1 CVSA describes itself as a nonprofit association
comprised of local, state, provincial, territorial, and
federal commercial motor vehicle safety officials
and industry representatives. CVSA aims to achieve
uniformity, compatibility, and reciprocity of
commercial motor vehicle inspections and
enforcement by certified inspectors dedicated to
driver and vehicle safety throughout Canada,
Mexico, and the United States. https://
www.cvsa.org/about-cvsa/.
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Fmt 4702
Sfmt 4702
that amending the FMVSS would assist
with that change.
2. CVSA claims that ‘‘certification
labels frequently wear, fade or are
removed during repair’’ and that ‘‘motor
carriers are unable to obtain new
certification labels from the original
trailer manufacturers because they can
no longer guarantee that the rear impact
guard meets the FMVSS manufacturing
standard.’’ CVSA says that ‘‘there are no
reasonable options to meet the
certification requirements’’ as a result.
3. CVSA believes removing the
certification label requirement would
‘‘eliminate confusion and inconsistency
in enforcement,’’ which CVSA states
would be beneficial, ‘‘while not
negatively impacting safety as the
physical components of the guard will
still be inspected to the same standard
during a roadside inspection.’’
Analysis of the Petition
NHTSA believes that the petitioner’s
requested amendment to FMVSS No.
223 could reduce the safety provided by
rear impact guards on trailers and
semitrailers. Under 49 U.S.C. 30112(a)
(Section 30112(a) of the National Traffic
and Motor Vehicle Safety Act), there is
a general prohibition against
manufacturing for sale, selling, offering
for sale, introducing or delivering for
introduction in interstate commerce, or
importing into the United States any
motor vehicle or item of motor vehicle
equipment manufactured on or after the
date an applicable motor vehicle safety
standard is in effect unless the vehicle
or equipment both complies with the
standard and is covered by a
certification issued under section 30115.
Section 30115 requires manufacturers of
vehicles and manufacturers of motor
vehicle equipment subject to motor
vehicle safety standards to certify that
the vehicle or equipment complies with
all applicable FMVSS. Section 30115
further specifies that certification of
equipment may be shown by a label or
tag on the equipment or on the outside
of the container in which the equipment
is delivered. Pursuant to these
authorities, NHTSA issued the
certification labeling requirements for
rear impact guards.
In issuing FMVSS No. 223 and
FMVSS No. 224, NHTSA specifically
accounted for the burden on small
trailer manufacturers. In order to lessen
to the extent reasonable the burden
associated with compliance testing on
small manufacturers, NHTSA issued
two standards. FMVSS No. 223
establishes the strength and certification
requirements for rear impact guards and
FMVSS No. 224 establishes
requirements for certain trailers to be
E:\FR\FM\30JAP1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Proposed Rules]
[Pages 5843-5844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01814]
=======================================================================
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 252
[Docket DARS-2022-0030]
RIN 0750-AL67
Defense Federal Acquisition Regulation Supplement: Update of
Challenge Period for Validation of Asserted Restrictions on Technical
Data and Computer Software (DFARS Case 2022-D016); Extension of Comment
Period
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Advance notice of proposed rulemaking; extension of comment
period.
-----------------------------------------------------------------------
SUMMARY: DoD published an advance notice of proposed rulemaking on
December 16, 2022, seeking public input on a potential revision to the
Defense Federal Acquisition Regulation Supplement (DFARS) to implement
a section of the National Defense Authorization Act for Fiscal Year
2012 that addresses the validation of proprietary data restrictions.
The deadline for submitting comments is being extended to provide
additional time for interested parties to provide comments.
DATES: The comment period for the advance notice of proposed rulemaking
published December 16, 2022, at 87 FR 77055, is extended. Comments on
the advance notice of proposed rulemaking should be submitted in
writing to the address shown in ADDRESSES on or before March 16, 2023,
to be considered in the formation of a proposed rule.
ADDRESSES: Submit comments identified by DFARS Case 2022-D016, using
any of the following methods:
[cir] Federal eRulemaking Portal: https://www.regulations.gov.
Search for ``DFARS Case 2022-D016.'' Select ``Comment'' and follow the
instructions to submit a comment. Please include ``DFARS Case 2022-
D016'' on any attached documents.
[cir] Email: [email protected]. Include DFARS Case 2022-D016 in
the subject line of the message.
Comments received generally will be posted without change to
https://www.regulations.gov, including any personal information
provided. To confirm receipt of your comment(s), please check https://www.regulations.gov, approximately two to three days after submission
to verify posting.
FOR FURTHER INFORMATION CONTACT: David E. Johnson, telephone 202-913-
5764.
SUPPLEMENTARY INFORMATION: On December 16, 2022, DoD published an
advance notice of proposed rulemaking (ANPR) in the Federal Register at
87 FR 77055 seeking public input on potential DFARS changes to
implement section 815(b) of the National Defense Authorization Act for
Fiscal Year 2012 (Pub. L. 112-81). Section 815(b) amended 10 U.S.C.
2321 (currently 10 U.S.C. 3782) by increasing the validation period for
asserted restrictions from three years to six years. Section 815(b)
also amended 10 U.S.C. 2321 to provide an exception to the prescribed
time limit for validation of asserted restrictions if the technical
data involved are the subject of a fraudulently asserted use or release
restriction. The comment period for the ANPR is extended to March 16,
2023, to provide additional time for interested parties to comment on
the potential DFARS changes.
[[Page 5844]]
List of Subjects in 48 CFR Part 252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
[FR Doc. 2023-01814 Filed 1-27-23; 8:45 am]
BILLING CODE 5001-06-P
