60968 Federal Register / Vol. 69, No. 198 / Thursday, October 14, 2004 / Rules and Regulations 

ACTION: Final rule.

SUMMARY: This rule adopts as final 

without change, the proposed rule 

published in the Federal Register on 

May 21, 2004. This final rule amends 

the NASA FAR Supplement (NFS) by 

removing from the Code of Federal 

Regulations (CFR) those portions of the 

NFS containing information that 

consists of internal Agency 

administrative procedures and guidance 

that does not control the relationship 

between NASA and contractors or 

prospective contractors. This change is 

consistent with the guidance and policy 

in FAR Part 1 regarding what comprises 

the Federal Acquisition Regulations 

System and requires publication for 

public comment. The NFS document 

will continue to contain both 

information requiring codification in the 

CFR and internal Agency guidance in a 

single document that is available on the 

Internet. This change will reduce the 

administrative burden and time 

associated with maintaining the NFS by 

only publishing in the Federal Register

for codification in the CFR material that 

is subject to public comment.

DATES: Effective October 14, 2004.

FOR FURTHER INFORMATION CONTACT:

Celeste Dalton, NASA, Office of 

Procurement, Contract Management 

Division (Code HK); (202) 358–1645;

e-mail: Celeste.M.Dalton@nasa.gov.

SUPPLEMENTARY INFORMATION:

A. Background 

Currently the NASA FAR Supplement 

(NFS) contains information to 

implement or supplement the FAR. This 

information contains NASA’s policies, 

procedures, contract clauses, 

solicitation provisions, and forms that 

govern the contracting process or 

otherwise control the relationship 

between NASA and contractors or 

prospective contractors. The NFS also 

contains information that consists of 

internal Agency administrative 

procedures and guidance that does not 

control the relationship between NASA 

and contractors or prospective 

contractors. Regardless of the nature of 

the information, as a policy, NASA has 

submitted to the Office of Information 

and Regulatory Affairs (OIRA) within 

the Office of Management and Budget 

(OMB) and published in the Federal 

Register all changes to the NFS. FAR 

1.101 states in part that the ‘‘Federal 

Acquisition Regulations System consists 

of the Federal Acquisition Regulation 

(FAR), which is the primary document, 

and agency acquisition regulations that 

implement or supplement the FAR. The 

FAR System does not include internal 

agency guidance of the type described 

in 1.301(a)(2).’’ FAR 1.301(a)(2) states in 

part ‘‘an agency head may issue or 

authorize the issuance of internal 

agency guidance at any organizational 

level (e.g., designations and delegations 

of authority, assignments of 

responsibilities, work-flow procedures, 

and internal reporting requirements).’’

Further, FAR 1.303 states that issuances 

under FAR 1.301(a)(2) need not be 

published in the Federal Register. 

Based on the foregoing, NASA is not 

required to publish and codify internal 

Agency guidance. 

This final rule modifies the existing 

practice by only publishing those 

regulations which may have a 

significant effect beyond the internal 

operating procedures of the Agency or 

have a significant cost or administrative 

impact on contractors or offerors. 

The NFS will continue to integrate 

into a single document both regulations 

subject to public comments and internal 

Agency guidance and procedures that 

do not require public comment. Those 

portions of the NFS that require public 

comment will continue to be amended 

by publishing changes in the Federal 

Register. NFS regulations that require 

public comment are issued as Chapter 

18 of Title 48, CFR. Changes to portions 

of the regulations contained in the CFR, 

along with changes to internal guidance 

and procedures, will be incorporated 

into the NASA-maintained Internet 

version of the NFS through Procurement 

Notices (PNs). The single official NASAmaintained version of the NFS will 

remain available on the Internet. NASA 

personnel must comply with all 

regulatory and internal guidance and 

procedures contained in the NFS. 

This change will result in savings in 

terms of the number of rules subject to 

publication in the Federal Register and 

provide greater responsiveness to 

internal administrative changes. 

NASA published a proposed rule in 

the Federal Register on May 21, 2004 

(69 FR 29256). No comments were 

received in response to the proposed 

rule. Therefore, the proposed rule is 

being converted to a final rule without 

change. 

B. Regulatory Flexibility Act 

NASA certifies that this final rule 

does not have a significant economic 

impact on a substantial number of small 

entities with the meaning of the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq., because this final rule would 

only remove from the CFR information 

that is considered internal Agency 

administrative procedures and 

guidance. The information removed 

from the CFR will continue to be made 

available to the public via the Internet. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the changes do not 

impose recordkeeping or information 

collection requirements which require 

the approval of the Office of 

Management and Budget under 44 

U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 1852, 

1853, and 1872 

Government Procurement.

Tom Luedtke, 

Deputy Chief Acquisition Officer/Director for 

Procurement.

■ Accordingly, 48 CFR Parts 1852, 1853, 

and 1872 are amended as follows:

■ 1. The authority citation for 48 CFR 

Parts 1852, 1853, and 1872 continues to 

read as follows:

Authority: 42 U.S.C. 2473(c)(1).

PART 1852—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES

■ 2. Amend part 1852 by—

■ A. Removing subpart 1852.1; and

■ B. In the introductory text of section 

1852.223–74, removing ‘‘1823.570–3’’

and adding ‘‘1823.570–2’’ in its place.

PART 1853—FORMS

■ 3. Remove and reserve part 1853.

PART 1872—ACQUISITIONS OF 

INVESTIGATIONS

■ 4. Remove and reserve part 1872.

[FR Doc. 04–22967 Filed 10–13–04; 8:45 am] 

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA 2004–18813] 

Federal Motor Vehicle Safety 

Standards; Occupant Crash Protection

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT).

ACTION: Denial of petition for 

rulemaking. 

SUMMARY: On September 26, 2003, 

NHTSA received a petition for 

rulemaking from Mr. Warren Howard 

requesting that the agency amend 

Federal Motor Vehicle Safety Standard 

Federal Register / Vol. 69, No. 198 / Thursday, October 14, 2004 / Rules and Regulations 60969

1House of Representatives Report 107–108 

Department of Transportation and Related Agencies 

Appropriation Bill, 2002, June 22, 2001.

2 ‘‘Buckling Up, Technologies to Increase Seat 

Belt Use,’’ Special Report 278, Committee for the 

Safety Belt Technology Study, www.TRB.org.

(FMVSS) No. 208, ‘‘Occupant crash 

protection,’’ to allow for ‘‘the 

installation and standard feature’’ of his 

patented device. The patented device 

would prevent the radio sound system 

of a vehicle from operating unless the 

safety belts are fastened. Based on the 

analysis of available information, 

NHTSA is denying the petition for 

rulemaking.

FOR FURTHER INFORMATION CONTACT: For 

non-legal issues: Mr. John Lee, Office of 

Crashworthiness Standards, NVS–112, 

National Highway Traffic Safety 

Administration, 400 Seventh Street, 

SW., Washington, DC 20590. Telephone 

(202) 366–2264. Fax: (202) 493–2290. 

For legal issues: Mr. Chris Calamita, 

Office of Chief Counsel, NCC–112, 

National Highway Traffic Safety 

Administration, 400 Seventh Street, 

SW., Washington, DC 20590. Telephone: 

(202) 366–2992. Fax: (202) 366–3820.

SUPPLEMENTARY INFORMATION: On 

September 26, 2003, Mr. Warren 

Howard submitted a petition for 

rulemaking requesting that NHTSA 

amend S7.3 of Federal Motor Vehicle 

Safety Standard (FMVSS) No. 208, 

‘‘Occupant crash protection,’’ to allow 

for ‘‘the installation and standard 

feature’’ of his patented device. The 

patented device would prevent the radio 

or sound system of a vehicle from 

emitting any sound or power unless the 

occupants of all designated seating 

positions have their seat belts fastened. 

According to the petitioner, the Audio 

System Seat Belt Safety Device would 

be installed in the seat and connected to 

the audio system of the vehicle. The 

system would sense when a person was 

seated and the audio system would not 

have power until the seat belt for that 

seated person was engaged. Once the 

seat belt was engaged, power would 

then be applied to the audio system. 

The petitioner further noted that this 

system could be installed on all seats 

within the same vehicle and not 

interfere with the audible and visual 

warning system required in FMVSS No. 

208. The petitioner believed that such a 

device would encourage people to wear 

their safety belts and save thousands of 

lives each year, and billions of dollars 

in insurance costs. 

NHTSA has denied petitions for 

rulemaking in the past that were very 

similar in nature to that of Mr. Howard’s 

petition. On November 5, 1999 (64 FR 

60625), the agency denied a petition for 

rulemaking submitted by Mr. Carl Nash 

and Mr. Donald Friedman. The 

petitioners requested an amendment to 

FMVSS No. 208 to ‘‘require effective 

belt use inducement.’’ The petitioners 

stated that the inducements could 

include, among other things, a 

disruption of electrical power to such 

‘‘non-essential’’ accessories as the radio, 

tape or CD player, and air conditioning. 

The petitioners argued that a safety belt 

use inducement would have the 

potential to save a minimum of 7,000 

additional lives per year. In denying the 

petition, the agency stated it considered 

whether the new requirements would 

(1) likely result in additional safety 

benefits, (2) be acceptable to the public, 

and (3) be within our statutory 

authority. NHTSA stated that none of 

the petitioners’ recommended 

inducements met all of these criteria. 

In response to the denial, Mr. Nash 

and Mr. Friedman resubmitted their 

petition request to the agency. The 

agency denied the second request in the 

preamble to the Advanced Air Bag Final 

Rule, published May 12, 2000 (65 FR 

30680, 30733). The agency stated its 

belief that we do not have the statutory 

authority to require such devices; 

however we also stated that we would 

continue to monitor the level of public 

acceptance and effectiveness of systems 

that manufacturers are placing in their 

vehicles to encourage safety belt use. 

We stated that if it appeared that these 

systems were working, it might be 

appropriate to seek to have the 1974 

amendment to the Motor Vehicle Safety 

Act, that prohibits NHTSA from 

requiring interlocks, either changed or 

repealed. 

In the House Report, 107–108, to the 

Department of Transportation and 

Related Agencies Appropriations Act 

2002 (Pub. L. 107–87), Congress 

directed a study to examine the 

potential benefits of technologies to 

increase safety belt use, determine how 

drivers view the acceptability of the 

technologies, and consider whether 

legislative or regulatory actions were 

necessary to enable their installation on 

passenger vehicles.1 In response to this 

directive, NHTSA contracted with the 

Transportation Research Board of the 

National Academy of Sciences (NAS) to 

complete this study. Their report was 

published on October 14, 2003.2

Among their conclusions, the NAS 

report found that ‘‘entertainment 

interlocks’’ (e.g., devices that render the 

sound system inoperable until the 

driver buckles up) are ‘‘perceived to be 

effective,’’ but fewer than half of the 

respondents found them ‘‘acceptable.’’

The report also noted that some people 

might not experience an entertainment 

interlock (i.e., older people who do not 

use the radio, drivers on short trips, 

etc.), and it also noted that such 

interlocks could be circumvented (e.g., 

by installing an aftermarket stereo). The 

NAS study found that other lessintrusive technologies, such as noninterlock systems, present greater 

opportunities for increasing safety belt 

use without the negative public reaction 

of interlocks. For entertainment 

interlock systems, such as that provided 

by Mr. Howard, the NAS report 

concluded that they would be most 

effective for younger drivers and not 

very effective at increasing belt use 

among hard-core nonusers and other 

high-risk groups. NHTSA generally 

concurs with this assessment. 

We note that a device that would 

disable a vehicle’s radio or sound 

system if occupants are not belted is 

currently allowed to be installed in 

motor vehicles in addition to, but not in 

place of, the warning system required by 

S7.3 of FMVSS No. 208. Motor vehicle 

manufacturers may offer the device as 

optional or standard equipment at their 

discretion. In an April 11, 2003 letter to 

Mr. Howard, the agency stated that such 

a device may be offered either as an 

original equipment option or an 

aftermarket item, but it must be 

configured such that it can be 

differentiated from the warning system 

required by S7.3. A copy of this letter 

was included in Mr. Howard’s petition. 

(See docket for this notice). 

The agency has denied similar 

petitions for rulemaking on 

entertainment interlocks within the past 

five years. With regard to Mr. Howard’s 

device, the agency has provided the 

petitioner with a legal interpretation 

letter that stated that the voluntary 

installation of his specific patented 

device discussed in this petition is 

permitted. Given the agency’s lack of 

authority to mandate interlock systems 

as a means of compliance with FMVSS 

No. 208 and the conclusions of the NAS 

report regarding public acceptability 

and effectiveness of these systems, the 

agency concludes that there is no basis 

for further rulemaking action on this 

issue nor any basis for considering 

seeking authority to require these 

interlock systems. This completes the 

agency’s review of the petition for 

rulemaking. Accordingly, the petition 

for rulemaking is denied.

Authority: 49 U.S.C. 322, 30111, 30115, 

30117 and 30162; delegation of authority at 

49 CFR 1.50.

60970 Federal Register / Vol. 69, No. 198 / Thursday, October 14, 2004 / Rules and Regulations 

Issued on: October 6, 2004. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking.

[FR Doc. 04–23079 Filed 10–13–04; 8:45 am] 

BILLING CODE 4910–59–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 679

[Docket No. 031126297–3297–01; I.D. 

100704A]

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 610 of the Gulf of Alaska

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Modification of a closure.

SUMMARY: NMFS is opening directed 

fishing for pollock in Statistical Area 

610 of the Gulf of Alaska (GOA) for 24 

hours. This action is necessary to fully 

use the 2004 total allowable catch (TAC) 

of pollock specified for Statistical Area 

610.

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 10, 2004, through 

1200 hrs, A.l.t., October 11, 2004.

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228.

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679.

NMFS closed the directed fishery for 

pollock in Statistical Area 610 of the 

GOA under § 679.20(d)(1)(iii) on 

October 6, 2004 (filed for public 

inspection with the Office of the Federal 

Register on October 6, 2004, and is 

scheduled for publication in the Federal 

Register on October 12, 2004).

NMFS has determined that 

approximately 1,100 mt of pollock 

remain in the 2004 directed fishing 

allowance. This amount is large enough 

to provide for a manageable directed 

pollock fishery in Statistical Area 610. 

Therefore, in accordance with 

679.25(a)(2)(i)(C) and (a)(2)(iii)(D), and 

to fully utilize the 2004 TAC of pollock 

specified for Statistical Area 610, NMFS 

is terminating the previous closure and 

is reopening directed fishing for pollock 

in Statistical Area 610 of the GOA. In 

accordance with § 679.20(d)(1)(iii), the 

Regional Administrator finds that this 

directed fishing allowance will be 

reached after 24 hours. Consequently, 

NMFS is prohibiting directed fishing for 

pollock in Statistical Area 610 of the 

GOA effective 1200 hrs, A.l.t., October 

11, 2004.

Classification

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the opening of pollock in 

Statistical Area 610.

The AA also finds good cause to 

waive the 30–day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment.

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: October 7, 2004.

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–23057 Filed 10–8–04; 1:42 pm]

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