11414 Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Proposed Rules 

(h) The Secretary of Defense may 

instruct the head of the agency 

proposing a multiyear contract to 

include in that contract negotiated 

priced options for varying the quantities 

of end items to be procured over the life 

of the contract (10 U.S.C. 2306b(j)). 

5. Section 217.173 is revised to read 

as follows: 

217.173 Multiyear contracts for military 

family housing. 

The head of the agency may enter into 

multiyear contracts for periods up to 

four years for supplies and services 

required for management, maintenance, 

and operation of military family housing 

and may pay the costs of such contracts 

for each year from annual 

appropriations for that year (10 U.S.C. 

2829). 

217.174 [Removed] 

6. Section 217.174 is removed. 

[FR Doc. 2011–4525 Filed 3–1–11; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 231 

Defense Federal Acquisition 

Regulation Supplement; Independent 

Research and Development Technical 

Descriptions (DFARS Case 2010–D011) 

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 

require contractors to report 

independent research and development 

(IR&D) projects generating annual costs 

in excess of $50,000. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before May 

2, 2011, to be considered in the 

formation of the final rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2010–D011, 

using any of the following methods: 

Regulations.gov: http:// 

www.regulations.gov. 

Submit comments via the Federal 

eRulemaking portal by inputting 

‘‘DFARS Case 2010–D011’’ under the 

heading ‘‘Enter keyword or ID’’ and 

selecting ‘‘Search.’’ Select the link 

‘‘Submit a Comment’’ that corresponds 

with ‘‘DFARS Case 2010–D011.’’ Follow 

the instructions provided at the ‘‘Submit 

a Comment’’ screen. Please include your 

name, company name (if any), and 

‘‘DFARS Case 2010–D011’’ on your 

attached document. Follow the 

instructions for submitting comments. 

E-mail: dfars@osd.mil. Include 

DFARS Case 2010–D011 in the subject 

line of the message. 

Fax: 703–602–0350. 

Mail: Defense Acquisition Regulations 

System, Attn: Mr. Mark Gomersall, 

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(s), 

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: Mr. 

Mark Gomersall, 703–602–0302. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This proposed rule revises 

requirements for reporting IR&D projects 

that generate annual costs in excess of 

$50,000 to the Defense Technical 

Information Center (DTIC). Beginning in 

the 1990s, DoD reduced its technical 

exchanges with industry, in part to 

ensure independence of IR&D. The 

result has been a loss of linkage between 

funding and technological purpose. The 

reporting requirements, as mandated by 

10 U.S.C. 2372, will provide in-process 

information from DoD-sponsored IR&D 

projects to increase effectiveness by 

providing visibility into the technical 

content of industry IR&D activities to 

meet DoD needs and promote the 

technical prowess of the industry. 

Without the collection of this 

information, DoD will be unable to 

maximize the value of the IR&D funds 

the Department disburses without 

infringing on the independence of 

contractors to choose which 

technologies to pursue in IR&D 

programs. 

II. Executive Order 12866, Regulatory 

Planning and Review 

This rule has been determined to be 

a significant regulatory action and 

therefore is subject to review under 

section 6(b) 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 has prepared an initial regulatory 

flexibility analysis consistent with 5 

U.S.C. 603. A copy of the analysis may 

be obtained from the point of contact 

specified herein. The analysis is 

summarized as follows: 

DoD does not expect this proposed 

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 reporting the IR&D 

projects utilizing the DTIC on-line input 

form does not require contractors to 

expend significant effort or cost. 

Furthermore, the threshold for reporting 

annual IR&D costs in excess of $50,000, 

as set forth in the rule, ensures that the 

IR&D project reporting requirements 

will not apply to a significant number 

of small entities. 

At this time, DoD is unable to 

estimate the number of small entities to 

which this rule will apply. Therefore, 

DoD invites comments from small 

business concerns and other interested 

parties on the expected impact of this 

rule on small entities. 

DoD will also consider comments 

from small entities concerning the 

existing regulations in subparts affected 

by this 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–D011) in 

correspondence. 

IV. Paperwork Reduction Act 

The proposed rule contains new 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). DoD invites public 

comments on the following aspects of 

the proposed rule: (a) Whether the 

proposed collection of information is 

necessary for the proper performance of 

the functions of DoD, including whether 

the information will have practical 

utility; (b) the accuracy of the estimate 

of the burden of the proposed 

information collection; (c) ways to 

enhance the quality, utility, and clarity 

of the information to be collected; and 

(d) ways to minimize the burden of the 

information collection on respondents, 

including the use of automated 

collection techniques or other forms of 

information technology. The following 

is a summary of the information 

collection requirement. 

Title: Defense Federal Acquisition 

Regulation Supplement (DFARS) Part 

231, Contract Cost Principles and 

Procedures. 

Type of Request: New collection. 

Number of Respondents: 700. 

Responses per Respondent: 38.5. 

Annual Responses: 26,950. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Proposed Rules 11415 

Average Burden per Response: 0.5 

hours. 

Annual Burden Hours: 13,475. 

Needs and Uses: This information 

collection requires contractors to report 

IR&D projects generating annual costs in 

excess of $50,000. The information will 

provide in-process information from 

DoD-sponsored IR&D projects to 

increase the effectiveness by providing 

visibility into the technical content of 

industry IR&D activities to meet DoD 

needs. Without the collection of this 

information, DoD will be unable to 

maximize the value of the IR&D funds 

that it disburses without infringing on 

the independence of a contractor to 

choose which technologies to pursue in 

its independent research and 

development program. 

Affected Public: Businesses or other 

for-profit and not-for-profit institutions. 

Frequency: On occasion. 

Written comments and 

recommendations on the proposed 

information collection should be sent to 

Ms. Jasmeet Seehra at the Office of 

Management and Budget, Desk Officer 

for DoD, Room 10236, New Executive 

Office Building, Washington, DC 20503, 

or e-mail 

Jasmeet_K._Seehra@omb.eop.gov, with a 

copy to the Defense Acquisition 

Regulations System, Attn: Mr. Mark 

Goemrsall, OUSD (AT&L) DPAP 

(DARS), Room 3B855, 3060 Defense 

Pentagon, Washington, DC 20301–3060. 

Comments can be received from 30 to 60 

days after the date of this notice, but 

comments to OMB will be most useful 

if received by OMB within 30 days after 

the date of this notice. 

To request more information on this 

proposed information collection or to 

obtain a copy of the proposal and 

associated collection instruments, 

please write to the Defense Acquisition 

Regulations System, Attn: Mr. Mark 

Gomersall, OUSD (AT&L) DPAP 

(DARS), Room 3B855, 3060 Defense 

Pentagon, Washington, DC 20301–3060, 

or e-mail dfars@osd.mil. Include DFARS 

Case 2010–D011 in the subject line of 

the message. 

List of Subjects in 48 CFR Part 231 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 231 is 

proposed to be amended as follows: 

PART 231—CONTRACT COST 

PRINCIPLES AND PROCEDURES 

1. The authority citation for 48 CFR 

part 231 continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

2. Amend section 231.205–18 by 

adding paragraph (c)(iii)(C) and revising 

the introductory text of paragraph (c)(iv) 

to read as follows: 

231.205–18 Independent research and 

development and bid and proposal costs. 

* * * * * 

(c) * * * 

(iii) * * * 

(C) For a contractor’s annual IR&D 

costs in excess of $50,000 to be 

allowable, the IR&D projects generating 

the costs must be reported to the 

Defense Technical Information Center 

(DTIC) using the DTIC’s on-line input 

form and instructions. The inputs must 

be updated at least annually and when 

the project is completed. Copies of the 

input and updates must be made 

available for review by the cognizant 

administrative contracting officer (ACO) 

and the cognizant Defense Contract 

Audit Agency auditor to support the 

allowability of the costs. 

(iv) For major contractors, the 

cognizant ACO or corporate ACO 

shall— 

* * * * * 

[FR Doc. 2011–4528 Filed 3–1–11; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA–2011–0027] 

RIN 2127–AK52 

Federal Motor Vehicle Safety 

Standards; Power-Operated Window, 

Partition, and Roof Panel Systems 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Withdrawal of notice of 

proposed rulemaking. 

SUMMARY: This document withdraws a 

notice of proposed rulemaking issued 

pursuant to the Cameron Gulbransen 

Kids Transportation Safety Act of 2007. 

The Act directed NHTSA to initiate a 

rulemaking to consider requirements for 

automatic reversal systems (ARS) for 

power windows and to make a final 

decision. The agency has decided not to 

issue a final rule adopting any such new 

requirements and instead to terminate 

rulemaking. 

DATES: Effective March 2, 2011, the 

proposed rule published September 1, 

2009, at 74 FR 45143 is withdrawn. 

FOR FURTHER INFORMATION CONTACT: For 

non-legal issues, you may call Michael 

Pyne, NHTSA Office of Avoidance 

Standards, telephone 202–366–1810. 

For legal issues, you may call J. Edward 

Glancy, NHTSA Office of Chief Counsel, 

telephone 202–366–2992. You may send 

mail to these officials at the National 

Highway Traffic Safety Administration, 

1200 New Jersey Avenue, SE., West 

Building, Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: For the 

reasons set forth below, we have 

decided not to issue a final rule 

adopting any new requirements for 

automatic reversal systems (ARS) and 

are withdrawing our 2009 proposal 

regarding ARS. This document explains 

our decision. 

The Cameron Gulbransen Kids 

Transportation Safety Act of 2007 (K. T. 

Safety Act) directed the Secretary of 

Transportation to initiate a rulemaking 

to consider requiring all power 

windows and panels on light motor 

vehicles to stop closing and reverse 

direction automatically when they 

detect an obstruction, to prevent 

children and others from being trapped, 

injured, or killed. It also provided the 

Secretary with discretion whether to 

issue a final rule. It stated that if the 

Secretary determines that additional 

safety requirements are reasonable, 

practicable and appropriate, the 

Secretary shall issue those 

requirements. Alternatively, it stated if 

the Secretary determines that no 

additional safety requirements meet 

those criteria, the Secretary shall report 

to Congress on the reasons for not 

issuing such requirements. 

In response to the K. T. Safety Act, the 

Department’s National Highway Traffic 

Safety Administration (NHTSA) 

published in the Federal Register (74 

FR 45143; September 1, 2009) a notice 

of proposed rulemaking (NPRM) 

proposing new requirements for ARS. 

The proposal discussed the agency’s 

analysis of the injuries and fatalities 

related to power windows and the 

performance requirements that the 

agency had recently adopted for safer 

power window switches. The benefits of 

the safer switches rules will be 

increasingly realized as vehicles with 

‘‘safer switches’’ replace older vehicles 

lacking them. 

After the agency analyzed and 

considered the benefits and costs of 

installing ARS for all types of vehicle 

windows in developing the NPRM, 

NHTSA decided to propose requiring 

ARS on only one type of power 


emcdonald on DSK2BSOYB1PROD with PROPOSALS