Federal Register / Vol. 76, No. 55 / Tuesday, March 22, 2011 / Proposed Rules 15901 

§ 67.4 [Corrected] 

On page 78656, in § 67.4, in the table 

Maui County, Hawaii, the headings are 

corrected to read as set forth below: 

Flooding source(s) Location of referenced elevation ** 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet above 

ground 

∧Elevation in feet (LTD) 

Communities affected 

Effective Modified 

Maui County, Hawaii 

* * * * * 

[FR Doc. C1–2010–31545 Filed 3–21–11; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary 

48 CFR Parts 1401, 1402, 1415, 1417, 

1419, 1436, and 1452 

RIN 1093–AA13 

Acquisition Regulation Miscellaneous 

Changes 

AGENCY: Office of the Secretary, Interior. 

ACTION: Proposed rule. 

SUMMARY: The Department of the 

Interior (DOI) is proposing to revise the 

Department of the Interior Acquisition 

Regulation (DIAR) in order to make 

minor corrections to DOI acquisition 

procedures to be consistent with the 

Federal Acquisition Regulation (FAR), 

and to add a new clause covering 

contract administration roles and 

responsibilities. Some DIAR coverage is 

being revised and obsolete material is 

being removed. 

DATES: Submit comments by May 23, 

2011. 

ADDRESSES: You may submit comments 

on the rulemaking through the Federal 

eRulemaking Portal at http:// 

www.regulations.gov. Please use the 

Regulation Identifier Number (RIN) 

1093–AA13 in your message. Follow the 

instructions on the Web site for 

submitting comments. 

FOR FURTHER INFORMATION CONTACT: 

Tiffany A. Schermerhorn, Senior 

Procurement Analyst, Office of 

Acquisition and Property Management, 

Office of the Secretary, telephone (202) 

513–0747, fax (202) 219–4244, or e-mail 

tiffany_schermerhorn@ios.doi.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This rule will revise the Department 

of the Interior Acquisition Regulation 

(DIAR) in order to update references to 

other federal and Departmental 

directives, remove obsolete material and 

references, and add a clause 

implementing agency policy regarding 

contract administration. The new clause 

notifies contractors of their roles and 

responsibilities in complying with 

technical direction given by authorized 

representatives of the contracting 

officer. 

II. Procedural Matters 

1. Public Availability of Comments 

Public Availability of Comments 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

2. Regulatory Planning and Review 

(Executive Order 12866) 

This document is not a significant 

rule and is not subject to review by the 

Office of Management and Budget under 

Executive Order 12866. 

(1) This rule will not have an effect of 

$100 million or more on the economy. 

The costs associated with these 

revisions will be strictly internal and 

borne entirely by the Federal 

government. These minimal costs will 

benefit taxpayers by making the 

acquisition process more efficient and 

transparent. This rule will not adversely 

affect in a material way the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or tribal governments or 

communities. 

(2) This rule will not create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency. 

(3) This rule does not alter the 

budgetary effects or entitlements, grants, 

user fees, or loan programs or the rights 

or obligations of their recipients. 

(4) This rule does not raise novel legal 

or policy issues. 

3. The Regulatory Flexibility Act 

The Department of the Interior 

certifies that this rule will not have a 

significant economic effect on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.). This rule will not 

impose any new requirements on small 

entities. 

4. Small Business Regulatory 

Enforcement Fairness Act (SBREFA) 

This rule is not a major rule under 

5 U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: 

a. Does not have an annual effect on 

the economy of $100 million or more. 

b. Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

c. Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

5. Unfunded Mandates Reform Act 

This rule does not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of more than $100 million per year. The 

rule will not have a significant or 

unique effect on State, local, or tribal 

governments or the private sector. A 

statement containing the information 

required by the Unfunded Mandates 

Reform Act (2 U.S.C. 1531 et seq.) is not 

required. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
15902 Federal Register / Vol. 76, No. 55 / Tuesday, March 22, 2011 / Proposed Rules 

6. Takings (Executive Order 12630) 

Under the criteria in Executive Order 

12630, this proposed rule does not have 

significant takings implications. This 

rule does not impose conditions or 

limitations on the use of any private 

property; consequently, a takings 

implication assessment is not required. 

7. Federalism (Executive Order 13132) 

Under the criteria in Executive Order 

13132, this rule does not have 

Federalism implications. This rule does 

not substantially or directly affect the 

relationship between Federal and State 

governments or impose costs on States 

or localities. A Federalism Assessment 

is not required. 

8. Civil Justice Reform (Executive Order 

12988) 

This rule complies with the 

requirements of Executive Order 12988. 

Specifically, this rule: 

(a) Meets the criteria of section 3(a) 

requiring that all regulations be 

reviewed to eliminate errors and 

ambiguity and be written to minimize 

litigation; and 

(b) Meets the criteria of section 3(b)(2) 

of the Order. 

9. Paperwork Reduction Act of 1995 

This rule does not contain an 

information collection, as defined by the 

Paperwork Reduction Act. 

10. National Environmental Policy Act 

This rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment. A 

detailed statement under the National 

Environmental Policy Act of 1969 is not 

required. 

11. Data Quality Act 

In developing this rule we did not 

conduct or use a study, experiment, or 

survey requiring peer review under the 

Data Quality Act (Pub. L. 106–554). 

12. Effects on the Energy Supply 

This rule is not a significant energy 

action under the definition in Executive 

Order 13211. A Statement of Energy 

Effects is not required. 

13. Clarity of this Regulation 

We are required by Executive Orders 

12866 and 12988 and by the 

Presidential Memorandum of June 1, 

1998, to write all rules in plain 

language. This means that each rule we 

publish must: 

(a) Be logically organized; 

(b) Use the active voice to address 

readers directly; 

(c) Use clear language rather than 

jargon; 

(d) Be divided into short sections and 

sentences; and 

(e) Use lists and tables wherever 

possible. 

If you feel that we have not met these 

requirements, send us comments by one 

of the methods listed in the ‘‘ADDRESSES’’ 

section. To better help us revise the 

rule, your comments should be as 

specific as possible. For example, you 

should tell us the numbers of the 

sections or paragraphs that you find 

unclear, which sections or sentences are 

too long, which sections where you feel 

lists or tables would be useful, etc. 

List of Subjects in 48 CFR Parts 1401, 

1402, 1415, 1417, 1419, 1436, and 1452 

Government procurement. 

Dated: March 7, 2011. 

John C. Henderson, 

Acting Assistant Secretary for Policy, 

Management and Budget. 

For the reasons set out in the 

preamble, we propose to amend Chapter 

14 of Title 48 Code of Federal 

Regulations, parts 1401, 1402, 1415, 

1417, 1419, 1436, and 1452 as follows: 

1. The authority citation for 48 CFR 

Chapter 14 continues to read as follows: 

Authority: Sec. 205(c), 63 Stat. 390, 40 

U.S.C. 486(c); and 5 U.S.C. 301. 

PART 1401—DEPARTMENT OF THE 

INTERIOR ACQUISITION REGULATION 

SYSTEM 

2. Revise § 1401.670 to read as 

follows: 

§ 1401.670 Contracting officers’ 

representatives. 

When a CO elects to appoint an 

individual to act as an authorized 

representative in the administration of a 

contract, the CO must notify the 

contractor of the COR appointment in 

writing, and provide the name and 

contact information of the COR. 

3. Revise § 1401.670–1 to read as 

follows: 

§ 1401.670–1 Contract clause. 

Insert the clause at 1452.201–70 in 

solicitations and contracts under which 

a COR will be appointed. 

PART 1402—DEFINITIONS OF WORDS 

AND TERMS 

4. In § 1402.170, remove the entry 

‘‘BUDS Business Utilization 

Development Specialist’’ from the list, 

and add to the list the entry ‘‘SBS Small 

Business Specialist’’ after ‘‘SBA Small 

Business Administration.’’ 

PART 1415—CONTRACTING BY 

NEGOTIATION 

5. In § 1415.404–4, remove the 

reference to ‘‘FAR 15.905’’ in paragraph 

(a), and add in its place ‘‘FAR 15.404– 

4, and remove paragraph (c). 

PART 1417—SPECIAL CONTRACTING 

METHODS 

6. Remove Subpart 1417.5. 

PART 1419—SMALL BUSINESS AND 

SMALL DISADVANTAGED BUSINESS 

7. In § 1419.202–70, revise the section 

heading, and revise paragraph (h) to 

read as follows: 

§ 1419.202–70 Acquisition screening and 

SBS recommendations. 

* * * * * 

(h) The CO shall document the 

rationale for not accepting a SBS 

recommendation on DI Form 1886, 

under ‘‘Notes.’’ (See FAR 19.202.) 

Disagreements between the CO and the 

SBS concerning the decision to use a set 

aside or the 8(a) program shall be 

resolved by the BPC. The BPC shall 

annotate the resolution, with signature, 

in the ‘‘Notes’’ section of the form. The 

BPC may consult with the OSDBU to 

obtain assistance in resolving the 

disagreement. 

PART 1436—CONSTRUCTION AND 

ARCHITECT-ENGINEER CONTRACTS 

8. In § 1436.270–1, in paragraph (b), 

remove the table entitled ‘‘Table 1436– 

1—Uniform Contract Format’’ and add 

in its place the following table: 

§ 1436.270–1 Uniform contract format. 

* * * * * 

TABLE 1436–1—UNIFORM CONTRACT FORMAT

Section Title 

Part I—The Schedule 

A .................................................. Solicitation/contract form. 

B .................................................. Bid schedule. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 76, No. 55 / Tuesday, March 22, 2011 / Proposed Rules 15903 

TABLE 1436–1—UNIFORM CONTRACT FORMAT—Continued 

Section Title 

C .................................................. Specifications/Drawings. 

D .................................................. Packaging and marking. 

E .................................................. Inspection and acceptance. 

F .................................................. Deliveries or performance. 

G .................................................. Contract administration data. 

H .................................................. Special contract requirements. 

Part II—Contract Clauses 

I .................................................... Contract clauses. 

Part III—List of Documents, Exhibits, and Other Attachments 

J ................................................... List of attachments. 

Part IV—Representations and Instructions 

K .................................................. Representations, certifications, and other statements of offerors. 

L ................................................... Instructions, conditions, and notices to offerors. 

M .................................................. Evaluation factors for award. 

PART 1452—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

9. Add new § 1452.201–70 to read as 

follows: 

§ 1452.201–70 Authorities and delegations. 

As prescribed in § 1401.670–1, insert 

the following clause: 

AUTHORITIES AND DELEGATIONS (XXX 

2011) 

(a) The Contracting Officer is the only 

individual authorized to enter into or 

terminate this contract, modify any term or 

condition of this contract, waive any 

requirement of this contract, or accept 

nonconforming work. 

(b) The Contracting Officer will designate 

a Contracting Officer’s Representative (COR) 

at time of award. The COR will be 

responsible for technical monitoring of the 

contractor’s performance and deliveries. The 

COR will be appointed in writing, and a copy 

of the appointment will be furnished to the 

Contractor. Changes to this delegation will be 

made by written changes to the existing 

appointment or by issuance of a new 

appointment. 

(c) The COR is not authorized to perform, 

formally or informally, any of the following 

actions: 

(1) Promise, award, agree to award, or 

execute any contract, contract modification, 

or notice of intent that changes or may 

change this contract; 

(2) Waive or agree to modification of the 

delivery schedule; 

(3) Make any final decision on any contract 

matter subject to the Disputes Clause; 

(4) Terminate, for any reason, the 

Contractor’s right to proceed; 

(5) Obligate in any way, the payment of 

money by the Government. 

(d) The Contractor shall comply with the 

written or oral direction of the Contracting 

Officer or authorized representative(s) acting 

within the scope and authority of the 

appointment memorandum. The Contractor 

need not proceed with direction that it 

considers to have been issued without proper 

authority. The Contractor shall notify the 

Contracting Officer in writing, with as much 

detail as possible, when the COR has taken 

an action or has issued direction (written or 

oral) that the Contractor considers to exceed 

the COR’s appointment, within 3 days of the 

occurrence. Unless otherwise provided in 

this contract, the Contractor assumes all 

costs, risks, liabilities, and consequences of 

performing any work it is directed to perform 

that falls within any of the categories defined 

in paragraph (c) prior to receipt of the 

Contracting Officer’s response issued under 

paragraph (e) of this clause. 

(e) The Contracting Officer shall respond in 

writing within 30 days to any notice made 

under paragraph (d) of this clause. A failure 

of the parties to agree upon the nature of a 

direction, or upon the contract action to be 

taken with respect thereto, shall be subject to 

the provisions of the Disputes clause of this 

contract. 

(f) The Contractor shall provide copies of 

all correspondence to the Contracting Officer 

and the COR. 

(g) Any action(s) taken by the Contractor, 

in response to any direction given by any 

person acting on behalf of the Government or 

any Government official other than the 

Contracting Officer or the COR acting within 

his or her appointment, shall be at the 

Contractor’s risk. 

(End of clause) 

10. In § 1452.228–7, in paragraph (a), 

remove the reference ‘‘1428.311–2’’ and 

add in its place ‘‘1428.311–1.’’ 

[FR Doc. 2011–6646 Filed 3–21–11; 8:45 am] 

BILLING CODE 4310–RF–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA–2009–0093] 

Federal Motor Vehicle Safety 

Standards; Roof Crush Resistance 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation. 

ACTION: Response to petition for 

reconsideration. 

SUMMARY: This document responds to a 

petition for reconsideration of a final 

rule that upgraded the agency’s safety 

standard on roof crush resistance. The 

petition was submitted by the National 

Truck Equipment Association (NTEA). 

After carefully considering the petition, 

we are denying it. 

FOR FURTHER INFORMATION CONTACT: For 

non-legal issues, you may call 

Christopher J. Wiacek, NHTSA Office of 

Crashworthiness Standards, telephone 

202–366–4801. 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: 

Table of Contents 

I. Background 

A. Multi-Stage Vehicles and the MultiStage Certification Scheme 

1. Multi-Stage Vehicles 

2. Safety Standards and Certification 


srobinson on DSKHWCL6B1PROD with PROPOSALS