9714 Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Proposed Rules 

b. What information exists that 

describes the relationship between the 

quantity and quality of wetlands and 

Bay Delta Estuary water quality and fish 

populations? 

c. In light of projected impacts of 

climate change (including sea level rise 

and its effects on levee stability), what 

specific activities can EPA undertake to 

improve long-term protection of existing 

and future wetlands, especially those 

resources on subsided islands? 

III. Executive Order 12866, Regulatory 

Planning and Review 

Under Executive Order 12866, 

entitled Regulatory Planning and 

Review (58 FR 51,735, October 4, 1993), 

this is a ‘‘significant regulatory action’’. 

Accordingly, EPA submitted this action 

to the Office of Management and Budget 

(OMB) for review under Executive 

Order 12866 and any changes made in 

response to OMB recommendations 

have been documented in the docket for 

this action. 

Because this action does not propose 

or impose any requirements and instead 

seeks comments and suggestions for the 

Agency to consider in possibly 

developing a subsequent proposed rule, 

the various statutes and Executive 

Orders that normally apply to 

rulemaking do not apply in this case. 

Should EPA subsequently determine to 

pursue a rulemaking, EPA will address 

the statutes and Executive Orders as 

applicable to that rulemaking. 

Dated: February 10, 2011. 

Jared Blumenfeld, 

Regional Administrator, U.S. Environmental 

Protection Agency, Region 9. 

[FR Doc. 2011–3861 Filed 2–18–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2010–0003; Internal 

Agency Docket No. FEMA–B–1170] 

Proposed Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Proposed rule; correction. 

SUMMARY: On January 7, 2011, FEMA 

published in the Federal Register a 

proposed rule that included an 

erroneous Base Flood Elevation (BFE) 

for the Skykomish River in Snohomish 

County, Washington. The BFE currently 

in effect for the location approximately 

216 feet downstream of Burlington 

Northern Santa Fe Railway should have 

been listed as 355 feet, referenced to the 

North American Vertical Datum of 1988. 

DATES: Comments pertaining to the 

Skykomish River BFE for the location 

approximately 216 feet downstream of 

Burlington Northern Santa Fe Railway 

are to be submitted on or before May 23, 

2011. 

ADDRESSES: You may submit comments, 

identified by Docket No. FEMA–B– 

1170, to Luis Rodriguez, Chief, 

Engineering Management Branch, 

Federal Insurance and Mitigation 

Administration, Federal Emergency 

Management Agency, 500 C Street, SW., 

Washington, DC 20472, (202) 646–4064 

or (e-mail) luis.rodriguez1@dhs.gov. 

FOR FURTHER INFORMATION CONTACT: Luis 

Rodriguez, Chief, Engineering 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–4064 or (e-mail) 

rodriguez1@dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) publishes proposed 

determinations of Base (1% annualchance) Flood Elevations (BFEs) and 

modified BFEs for communities 

participating in the National Flood 

Insurance Program (NFIP), in 

accordance with section 110 of the 

Flood Disaster Protection Act of 1973, 

42 U.S.C. 4104, and 44 CFR 67.4(a). 

These proposed BFEs and modified 

BFEs, together with the floodplain 

management criteria required by 44 CFR 

60.3, are minimum requirements. They 

should not be construed to mean that 

the community must change any 

existing ordinances that are more 

stringent in their floodplain 

management requirements. The 

community may at any time enact 

stricter requirements of its own or 

pursuant to policies established by other 

Federal, State, or regional entities. 

These proposed elevations are used to 

meet the floodplain management 

requirements of the NFIP and also are 

used to calculate the appropriate flood 

insurance premium rates for new 

buildings built after these elevations are 

made final, and for the contents in those 

buildings. 

Correction 

In the proposed rule published at 76 

FR 1121, in the January 7, 2011, issue 

of the Federal Register, FEMA 

published a table under the authority of 

44 CFR 67.4. The table, entitled 

‘‘Snohomish County, Washington, and 

Incorporated Areas’’ addressed several 

flooding sources, including the 

Skykomish River. The proposed rule 

incorrectly listed the effective BFE for 

the Skykomish River, for the location 

approximately 216 feet downstream of 

Burlington Northern Santa Fe Railway. 

The effective BFE for that location was 

listed as 359 feet, referenced to the 

North American Vertical Datum of 1988. 

The correct effective BFE is 355 feet, 

referenced to the North American 

Vertical Datum of 1988. The proposed 

modified BFE was correctly listed as 

351 feet, referenced to the North 

American Vertical Datum of 1988. This 

proposed rule correction is reopening 

the comment period for the Skykomish 

River, for the location approximately 

216 feet downstream of Burlington 

Northern Santa Fe Railway, due to the 

error in listing the effective BFE in the 

previously published proposed rule at 

76 FR 1121. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: February 11, 2011. 

Sandra K. Knight, 

Deputy Federal Insurance and Mitigation 

Administrator, Mitigation, Department of 

Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. 2011–3865 Filed 2–18–11; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 211 and 252 

RIN 0750–AH05 

Defense Federal Acquisition 

Regulation Supplement; Passive Radio 

Frequency Identification (DFARS Case 

2010–D014) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

update requirements relating to the use 

of passive Radio Frequency 

Identification (RFID). 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before April 

25, 2011, to be considered in the 

formation of the final rule. 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Proposed Rules 9715 

ADDRESSES: Submit comments 

identified by DFARS Case 2010–D014, 

using any of the following methods: 

Æ Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

inputting ‘‘DFARS Case 2010–D014’’ 

under the heading ‘‘Enter keyword or 

ID’’ and selecting ‘‘Search.’’ Select the 

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2010– 

D014.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

name (if any), and ‘‘DFARS Case 2010– 

D014’’ on your attached document. 

Æ E-mail: dfars@osd.mil. Include 

DFARS Case 2010–D014 in the subject 

line of the message. 

Æ Fax: 703–602–0350. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Meredith 

Murphy, OUSD(AT&L)DPAP/DARS, 

Room 3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Comments received generally will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. To 

confirm receipt of your comment, please 

check http://www.regulations.gov 

approximately two to three days after 

submission to verify posting (except 

allow 30 days for posting of comments 

submitted by mail). 

FOR FURTHER INFORMATION CONTACT: 

Meredith Murphy, Defense Acquisition 

Regulations System, 

OUSD(AT&L)DPAP/DARS, Room 

3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Telephone 703–602–1302; facsimile 

703–602–0350. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This DFARS case was initiated at the 

request of the Office of Logistics and 

Materiel Readiness (L&MR) of the Office 

of the Secretary of Defense (Acquisition, 

Technology, and Logistics) to revise 

DFARS 211.275, Radio frequency 

identification, to— 

—Clarify that the RFID requirement 

pertains solely to ‘‘passive RFID’’; 

—Supply a link to a web site in lieu of 

individually listing ship-to addresses; 

—Enable contracting officers to add 

tagging requirements to contracts 

shipping to DoD Activity Address 

Codes (DoDAACs) not specifically 

listed at the web site; 

—Make pharmaceuticals subject to the 

Class VIII RFID tagging requirements; 

and 

—Revise the clause at 252.211–7006, 

including the title, to reflect the 

changes above. 

As the use of passive RFID technology 

continues to expand and additional DoD 

sites gain the capability to use RFID 

identifier tags, the DFARS regulations 

associated with passive RFID are being 

proposed for complementary updates. 

First, DFARS 211.275 is being 

renamed and revised to clarify that the 

DoD RFID requirement relates solely to 

‘‘passive RFID’’, which is defined in the 

associated clause 252.211–7006(a). 

The current DFARS lists 

approximately 20 specific DoD activity 

addresses and provides the authority for 

using other ship-to locations ‘‘outside 

the contiguous United States’’ under 

certain circumstances. However, the 

Defense Logistics Agency and the Navy 

have proposed adding more than 200 

additional sites, making it impracticable 

to list all DoD passive RFID addresses in 

the DFARS text or its associated clause. 

Instead, a website is proposed to be 

added so that contractors can refer to 

the website to find the RFID identifier 

for each specific DoD ship-to address 

that uses RFID technology. The new 

website referenced in the DFARS has 

the added benefit of enabling the 

addition of new ship-to addresses in the 

future without the need to revise the 

DFARS in each instance. DoD proposes 

to amend the revised shortened list of 

ship-to addresses at DFARS 211.275– 

2(a)(2) to allow contracting officers to 

add tagging requirements to contract 

deliverables shipping to DoD activity 

address codes not specifically included 

in the list, as needed. 

Also, the DFARS currently excludes 

shipments of pharmaceuticals from the 

Class VIII RFID tagging requirements. 

Changes are proposed that will include 

shipments of pharmaceuticals in the 

requirement for passive RFID tags. To 

date, this requirement has been 

informally effected via contract-specific 

provisions. 

II. Executive Order 12866 

This is a significant regulatory action 

and, therefore, it was subject to review 

under Section 6 of Executive Order 

12866, Regulatory Planning and Review, 

dated September 30, 1993. This rule is 

not a major rule under 5 U.S.C. 804. 

III. Regulatory Flexibility Act 

DoD does not expect this rule 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 the rule does not add to or 

delete the existing regulations on RFID 

use. However, DoD has performed a 

regulatory flexibility analysis to address 

the proposed rule changes, which are 

summarized as follows. 

The current DFARS lists 

approximately 20 specific DoD activity 

addresses and provides the authority for 

using other ship-to locations ‘‘outside 

the contiguous United States’’ under 

certain circumstances. However, the 

Defense Logistics Agency and the Navy 

have proposed adding more than 200 

additional sites, making it impracticable 

to list all DoD passive RFID addresses in 

the DFARS text or its associated clause. 

Instead, a web site is proposed to be 

added so that contractors can refer to 

the web site to find the RFID Identifier 

for each specific DoD ship-to address 

that uses RFID technology. Including 

the web site in the DFARS has the 

added benefit of enabling the addition 

of new ship-to addresses in the future as 

necessary without the need to revise the 

DFARS in each case. DoD proposes to 

amend the revised, shortened list of 

ship-to addresses at DFARS 211.275– 

2(a)(2) to allow contracting officers to 

add tagging requirements to contract 

deliverables shipping to DoDAACs not 

specifically included in the list as they 

deem necessary. 

The current OMB information 

collection justification for the clause 

associated with the current DFARS, 

252.211–7006, entitled ‘‘Radio 

Frequency Identification,’’ lists the 

number of contractors impacted by the 

RFID requirement as 25,500. While each 

contractor has multiple submissions 

(one for each shipment), it takes only 

1.12 seconds per response. The changes 

proposed should decrease the response 

time, not increase it. Therefore, any 

impact to small businesses will be both 

positive and minimal. 

The only alternative to the proposed 

rule is to leave the current DoD RFID 

requirements intact. However, that 

alternative would not minimize the 

economic impact on small entities, as 

does the proposed rule. 

DoD invites comments from small 

business concerns and other interested 

parties on the expected impact of this 

rule on small entities. 

DoD will consider comments from 

small entities concerning the existing 

regulations in subparts affected by the 

rule in accordance with 5 U.S.C. 610. 

Interested parties must submit such 

comments separately and should cite 5 

U.S.C. 610 (DFARS Case 2010–D014) in 

correspondence. 

IV. Paperwork Reduction Act 

There are information collection 

requirements associated with the use of 

RFIDs. However, there will be no 

change to the existing information 

collection requirements currently 

approved under OMB Information 

Control Number 0704–0434, DFARS; 

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9716 Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Proposed Rules 

Radio Frequency Identification Advance 

Shipment Notices. Therefore, DoD has 

determined that the proposed rule, if 

adopted as a final rule, would have no 

material impact on the approved 

collection. However, DoD will accept 

comments on how the rule would 

impact either the burden or other 

aspects of the approved information 

collection. 

List of Subjects in 48 CFR Parts 211 and 

252 

Government procurement. 

Mary Overstreet, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 211 and 252 

are proposed to be amended as follows: 

1. The authority citation for 48 CFR 

parts 211 and 252 continues to read as 

follows: 

Authority: 41 U.S.C. 421 and 48 CFR 

chapter 1. 

PART 211—DESCRIBING AGENCY 

NEEDS 

2. Section 211.275–1 is revised to read 

as follows: 

211.275–1 Definitions. 

‘‘Bulk commodities,’’ ‘‘case,’’ 

‘‘palletized unit load,’’ ‘‘passive RFID 

tag,’’ and ‘‘radio frequency 

identification’’ are defined in the clause 

at 252.211–7006, Passive Radio 

Frequency Identification. 

3. Section 211.275–2 is revised to read 

as follows: 

211.275–2 Policy. 

(a) Except as provided in paragraph 

(b) of this section, radio frequency 

identification (RFID), in the form of a 

passive RFID tag, is required for cases 

and palletized unit load packaging 

levels and any additional consolidation 

level(s) deemed necessary by the 

requiring activity for shipments of items 

that— 

(1) Contain items in any of the 

following classes of supply, as defined 

in DoD 4140.1–R, DoD Supply Chain 

Materiel Management Regulation, 

AP1.1.11: 

(i) Subclass of Class I—Packaged 

operational rations. 

(ii) Class II—Clothing, individual 

equipment, tentage, organizational tool 

kits, hand tools, and administrative and 

housekeeping supplies and equipment. 

(iii) Class IIIP—Packaged petroleum, 

lubricants, oils, preservatives, 

chemicals, and additives. 

(iv) Class IV—Construction and 

barrier materials. 

(v) Class VI—Personal demand items 

(non-military sales items). 

(vi) Subclass of Class VIII—Medical 

materials, including pharmaceuticals 

(excluding biologicals, and reagents— 

suppliers should limit the mixing of 

excluded and non-excluded materials). 

(vii) Class IX—Repair parts and 

components including kits, assemblies 

and subassemblies, reparable and 

consumable items required for 

maintenance support of all equipment, 

excluding medical-peculiar repair parts; 

and 

(2) Will be shipped to one of the 

locations listed at http:// 

www.acq.osd.mil/log/rfid/ or to— 

(i) A location outside the contiguous 

United States when the shipment has 

been assigned Transportation Priority 1; 

or 

(ii) Any additional location(s) deemed 

necessary by the requiring activity. 

(b) The following are excluded from 

the requirements of paragraph (a) of this 

section: 

(1) Shipments of bulk commodities. 

(2) Shipments to locations other than 

Defense Distribution Depots when the 

contract includes the clause at FAR 

52.213–1, Fast Payment Procedures. 

4. Section 211.275–3 is revised to read 

as follows: 

211.275–3 Contract clause. 

(a) Use the clause at 252.211–7006, 

Passive Radio Frequency Identification, 

in solicitations and contracts that will 

require shipment of items meeting the 

criteria at 211.275–2. 

(b) Complete paragraph (b)(1)(ii) of 

the clause at DFARS 252.211–7006 as 

appropriate. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

5. Section 252.211–7006 is revised to 

read as follows: 

252.211–7006 Passive Radio Frequency 

Identification. 

As prescribed in 211.275–3, use the 

following clause: 

PASSIVE RADIO FREQUENCY 

IDENTIFICATION (DATE) 

(a) Definitions. As used in this clause— 

Advance shipment notice means an 

electronic notification used to list the 

contents of a shipment of goods as well as 

additional information relating to the 

shipment, such as passive radio frequency 

identification (RFID) or item unique 

identification (IUID) information, order 

information, product description, physical 

characteristics, type of packaging, marking, 

carrier information, and configuration of 

goods within the transportation equipment. 

Bulk commodities means the following 

commodities, when shipped in rail tank cars, 

tanker trucks, trailers, other bulk wheeled 

conveyances, or pipelines: 

(1) Sand. 

(2) Gravel. 

(3) Bulk liquids (water, chemicals, or 

petroleum products). 

(4) Ready-mix concrete or similar 

construction materials. 

(5) Coal or combustibles such as firewood. 

(6) Agricultural products such as seeds, 

grains, or animal feed. 

Case means either a MIL–STD–129 defined 

exterior container within a palletized unit 

load or a MIL–STD–129 defined individual 

shipping container. 

Electronic Product CodeTM (EPC®) means 

an identification scheme for universally 

identifying physical objects via RFID tags and 

other means. The standardized EPCTM data 

consists of an EPCTM (or EPCTM identifier) 

that uniquely identifies an individual object, 

as well as an optional filter value when 

judged to be necessary to enable effective and 

efficient reading of the EPCTM tags. In 

addition to this standardized data, certain 

classes of EPCTM tags will allow user-defined 

data. The EPCTM Tag Data Standards will 

define the length and position of this data, 

without defining its content. 

EPCglobal® means a subscriber-driven 

organization comprised of industry leaders 

and organizations focused on creating global 

standards for the adoption of passive RFID 

technology. 

Exterior container means a MIL–STD–129 

defined container, bundle, or assembly that 

is sufficient by reason of material, design, 

and construction to protect unit packs and 

intermediate containers and their contents 

during shipment and storage. It can be a unit 

pack or a container with a combination of 

unit packs or intermediate containers. An 

exterior container may or may not be used as 

a shipping container. 

Palletized unit load means a MIL–STD–129 

defined quantity of items, packed or 

unpacked, arranged on a pallet in a specified 

manner and secured, strapped, or fastened on 

the pallet so that the whole palletized load 

is handled as a single unit. A palletized or 

skidded load is not considered to be a 

shipping container. A loaded 463L System 

pallet is not considered to be a palletized 

unit load. Refer to the Defense Transportation 

Regulation, DoD 4500.9–R, Part II, Chapter 

203, for marking of 463L System pallets. 

Passive RFID tag means a tag that reflects 

energy from the reader/interrogator or that 

receives and temporarily stores a small 

amount of energy from the reader/ 

interrogator signal in order to generate the tag 

response. The only acceptable tags are EPC 

Class 1 passive RFID tags that meet the 

EPCglobalTM Class 1 Generation 2 standard. 

Radio frequency identification (RFID) 

means an automatic identification and data 

capture technology comprising one or more 

reader/interrogators and one or more radio 

frequency transponders in which data 

transfer is achieved by means of suitably 

modulated inductive or radiating 

electromagnetic carriers. 

Shipping container means a MIL–STD–129 

defined exterior container that meets carrier 

regulations and is of sufficient strength, by 

reason of material, design, and construction, 

to be shipped safely without further packing 

(e.g., wooden boxes or crates, fiber and metal 

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Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Proposed Rules 9717 

drums, and corrugated and solid fiberboard 

boxes). 

(b)(1) Except as provided in paragraph 

(b)(2) of this clause, the Contractor shall affix 

passive RFID tags, at the case- and palletizedunit-load packaging levels, for shipments of 

items that— 

(i) Are in any of the following classes of 

supply, as defined in DoD 4140.1–R, DoD 

Supply Chain Materiel Management 

Regulation, AP1.1.11: 

(A) Subclass of Class I—Packaged 

operational rations. 

(B) Class II—Clothing, individual 

equipment, tentage, organizational tool kits, 

hand tools, and administrative and 

housekeeping supplies and equipment. 

(C) Class IIIP—Packaged petroleum, 

lubricants, oils, preservatives, chemicals, and 

additives. 

(D) Class IV—Construction and barrier 

materials. 

(E) Class VI—Personal demand items (nonmilitary sales items). 

(F) Subclass of Class VIII—Medical 

materials including pharmaceuticals, 

(excluding biologicals, and reagents— 

suppliers should limit the mixing of 

excluded and non-excluded materials). 

(G) Class IX—Repair parts and components 

including kits, assemblies and subassemblies, 

reparable and consumable items required for 

maintenance support of all equipment, 

excluding medical-peculiar repair parts; and 

(ii) Are being shipped to one of the 

locations listed at http://www.acq.osd.mil/ 

log/rfid/or to— 

(A) A location outside the contiguous 

United States when the shipment has been 

assigned Transportation Priority 1 or to— 

(B) The following location(s) deemed 

necessary by the requiring activity: 

Contract line, 

subline, or 

exhibit line 

item number 

Location name City State DoDAAC 

(2) The following are excluded from the 

requirements of paragraph (b)(1) of this 

clause: 

(i) Shipments of bulk commodities. 

(ii) Shipments to locations other than 

Defense Distribution Depots when the 

contract includes the clause at FAR 52.213– 

1, Fast Payment Procedures. 

(c) The Contractor shall— 

(1) Ensure that the data encoded on each 

passive RFID tag are globally unique (i.e., the 

tag ID is never repeated across two or more 

RFID tags) and conforms to the requirements 

in paragraph (d) of this clause; 

(2) Use passive tags that are readable; and 

(3) Ensure that the passive tag is affixed at 

the appropriate location on the specific level 

of packaging, in accordance with MIL–STD– 

129 (Section 4.9.2) tag placement 

specifications. 

(d) Data syntax and standards. The 

Contractor shall encode an approved RFID 

tag using the instructions provided in the 

EPCTM Tag Data Standards in effect at the 

time of contract award. The EPCTM Tag Data 

Standards are available at http:// 

www.epcglobalinc.org/standards/. 

(1) If the Contractor is an EPCglobalTM

subscriber and possesses a unique EPCTM

company prefix, the Contractor may use any 

of the identifiers and encoding instructions 

described in the most recent EPCTM Tag Data 

Standards document to encode tags. 

(2) If the Contractor chooses to employ the 

DoD identifier, the Contractor shall use its 

previously assigned Commercial and 

Government Entity (CAGE) code and shall 

encode the tags in accordance with the tag 

identifier details located at http:// 

www.acq.osd.mil/log/rfid/tag_data.htm. If 

the Contractor uses a third-party packaging 

house to encode its tags, the CAGE code of 

the third-party packaging house is 

acceptable. 

(3) Regardless of the selected encoding 

scheme, the Contractor with which the 

Department holds the contract is responsible 

for ensuring that the tag ID encoded on each 

passive RFID tag is globally unique, per the 

requirements in paragraph (c)(1). 

(e) Advance shipment notice. The 

Contractor shall use Wide Area Workflow 

(WAWF), as prescribed in DFARS 252.232– 

7003, Electronic Submission of Payment 

Requests, to electronically submit advance 

shipment notice(s) with the RFID tag ID(s) 

(specified in paragraph (d) of this clause) in 

advance of the shipment in accordance with 

the procedures at https://wawf.eb.mil/. 

(End of clause) 

[FR Doc. 2011–3759 Filed 2–18–11; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 393 

[Docket No. FMCSA–2010–0271] 

RIN–2126–AB30 

Parts and Accessories Necessary for 

Safe Operation; Saddle-Mount Braking 

Requirements 

AGENCY: Federal Motor Carrier Safety 

Administration, DOT. 

ACTION: Notice of proposed rulemaking; 

request for comments. 

SUMMARY: The Federal Motor Carrier 

Safety Administration (FMCSA) 

proposes to amend the Federal Motor 

Carrier Safety Regulations (FMCSRs) by 

eliminating the requirement for 

operational brakes on the last saddlemounted truck or tractor in a triple 

saddle-mount combination, except 

when a full mount is present. This is in 

response to a petition for rulemaking 

from the Automobile Carriers 

Conference (ACC) of the American 

Trucking Associations. Currently, the 

FMCSRs require operational brakes on 

any wheel of a saddle-mounted vehicle 

that is in contact with the roadway. ACC 

contends that this requirement degrades 

the braking performance of these 

combinations because the lightly loaded 

axle of the last vehicle tends to lock up 

under heavy braking, and submitted test 

results supporting this position. 

DATES: Send your comments on or 

before April 25, 2011. 

ADDRESSES: You may submit comments 

identified by Docket ID Number 

FMCSA–2010–0271 by any of the 

following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Mail: Docket Management Facility: 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

Hand Delivery or Courier: West 

Building, Ground Floor, Room W12– 

140, 1200 New Jersey Avenue, SE., 

between 9 a.m. and 5 p.m. ET, Monday 

through Friday except Federal holidays. 

Fax: 202–493–2251. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Brian J. Routhier, Vehicle and Roadside 

Operations Division, Federal Motor 

Carrier Safety Administration, 202–366– 

1225, or brian.routhier@dot.gov, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590–0001. Office hours are from 9 

a.m. to 5 p.m. ET, Monday through 

Friday, except Federal holidays. 

mstockstill on DSKH9S0YB1PROD with PROPOSALS