66228 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Proposed Rules 

subcontractor employee submitting a 

whistleblower complaint of reprisal in 

accordance with 41 U.S.C. 4712 or 10 

U.S.C. 2409; or a third party in the name 

of the United States under the False 

Claims Act, 31 U.S.C. 3730. For any 

such proceeding that does not result in 

a disposition described at 31.205– 

47(b)(1) through (5), or to which 31.205– 

47(c) exceptions apply, the cost of that 

proceeding shall be subject to the 

limitations in 31.205–47(e). 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

■ 18. Amend section 52.203–17 by— 

■ a. Revising the section heading; 

■ b. Removing from the introductory 

text ‘‘3.908–9’’ and adding ‘‘3.906’’ in its 

place; 

■ c. Revising the date of the clause; and 

■ d. Revising paragraphs (a) and (b) to 

read as follows: 

52.203–17 Contractor Employee 

Whistleblower Rights. 

* * * * * 

Contractor Employee Whistleblower Rights 

(Date) 

(a) This contract and employees working 

on this contract will be subject to the 

whistleblower rights and remedies 

established at 41 U.S.C. 4712 and FAR 3.901 

through 3.905. 

(b) The Contractor shall inform its 

employees in writing, in the predominant 

language of the workforce, of employee 

whistleblower rights and protections under 

41 U.S.C. 4712, as described in FAR 3.901 

through 3.905. 

* * * * * 

■ 19. Amend section 52.212–4 by 

revising the date of the clause; and 

removing from paragraph (r) ‘‘41 U.S.C. 

4712 and’’. The revised text reads as 

follows: 

52.212–4 Contract Terms and 

Conditions—Commercial Items. 

* * * * * 

Contract Terms and Conditions— 

Commercial Items (Date) 

* * * * * 

■ 20. Amend section 52.212–5 by: 

■ a. Revising the date of the clause; 

■ b. Redesignating paragraphs (b)(4) 

through (60) as paragraphs (b)(5) 

through (61), respectively; 

■ c. Adding a new paragraph (b)(4); 

■ d. Redesignating paragraphs (e)(1)(ii) 

through (xxii) as paragraphs (e)(1)(iii) 

through (xxiii), respectively; 

■ e. Adding a new paragraph (e)(1)(ii); 

■ f. Revising the date of Alternate II; 

■ g. Redesignating paragraphs of 

Alternate II; (e)(1)(ii)(C) through (T) as 

paragraphs (e)(1)(ii)(D) through (U), 

respectively; and 

■ h. Adding a new paragraph 

(e)(1)(ii)(C). 

The revised and added text reads as 

follows: 

52.212–5 Contract Terms and Conditions 

Required To Implement Statutes or 

Executive Orders—Commercial Items. 

* * * * * 

Contract Terms and Conditions Required to 

Implement Statutes or Executive Orders— 

Commercial Items (Date) 

* * * * * 

(b) * * * 

ll(4) 52.203–17, Contractor 

Employee Whistleblower Rights (Date) 

(41 U.S.C. 4712) 

* * * * * 

(e)(1) * * * 

(ii) 52.203–17, Contractor Employee 

Whistleblower Rights (Date) (41 U.S.C. 

4712) 

* * * * * 

Alternate II (Date). * * * 

* * * * * 

(e)(1) * * * 

(ii) * * * 

(C) 52.203–17, Contractor Employee 

Whistleblower Rights (Date) (41 U.S.C. 

4712) 

* * * * * 

■ 21. Amend section 52.213–4 by 

revising the date of the clause and 

paragraph (a)(2)(viii) to read as follows: 

52.213–4 Terms and Conditions— 

Simplified Acquisitions (Other Than 

Commercial Items). 

* * * * * 

Terms and Conditions—Simplified 

Acquisitions (Other Than Commercial Items) 

(Date) 

(a) * * * 

(2) * * * 

(viii) 52.244–6, Subcontracts for 

Commercial Items (Date). 

* * * * * 

■ 22. Amend section 52.244–6 by— 

■ a. Revising the date of the clause; 

■ b. Redesignating paragraphs (c)(1)(iii) 

through (c)(1)(xix) as paragraphs 

(c)(1)(iv) through (c)(1)(xx), respectively; 

■ c. Adding a new paragraph (c)(1)(iii). 

The revised and added text reads as 

follows: 

52.244–6 Subcontracts for Commercial 

Items. 

* * * * * 

Subcontracts for Commercial Items (Date) 

* * * * * 

(c)(1) * * * 

(iii) 52.203–17, Contractor Employee 

Whistleblower Rights (Date) (41 U.S.C. 

4712) relating to whistleblower 

protections, if the subcontract is over 

the simplified acquisition threshold; 

this clause does not apply to contracts 

of DoD, NASA, the Coast Guard, or 

applicable elements of the intelligence 

community–see FAR 3.900(a). 

* * * * * 

[FR Doc. 2018–27493 Filed 12–21–18; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA–2010–0012] 

RIN 2127–AK58 

Federal Motor Vehicle Safety 

Standards; Motor Vehicle Brake Fluids 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Proposed rule; withdrawal. 

SUMMARY: NHTSA withdraws its notice 

of proposed rulemaking (NPRM), 

published on February 3, 2010, 

proposing amendments to the Federal 

Motor Vehicle Safety Standard (FMVSS) 

No. 116, Motor Vehicle Brake Fluids. 

Since publication of the NPRM and after 

review of the comments, the agency has 

determined that updates and corrections 

outside the scope of the notice are 

necessary in order to publish a final 

rule. Based on this, the agency has 

decided to withdraw the proposal to 

amend FMVSS No. 116. 

DATES: The NPRM ‘‘Federal Motor 

Vehicle Safety Standards; Motor 

Vehicles Brake Fluids,’’ RIN 2027– 

AK58, published February 3, 2010 (75 

FR 5553), is withdrawn as of December 

26, 2018. 

ADDRESSES: Electronic Access: You can 

view and download related documents 

and public comments by going to the 

website https://www.regulations.gov. 

Enter the docket number NHTSA–2010– 

0012 in the search field. 

FOR FURTHER INFORMATION CONTACT: 

Joshua Fikentscher, Office of Crash 

Avoidance Standards (Phone: 202–366– 

1810; Fax: 202–493–0073) or Sara R. 

Bennett, Office of the Chief Counsel 

(Phone: 202–366–2992; Fax: 202–366– 

3820). You may send mail to both of 

these officials at the National Highway 

Traffic Safety Administration, 1200 New 

Jersey Avenue SE, Washington, DC 

20590. 

SUPPLEMENTARY INFORMATION: 

Background 

Federal Motor Vehicle Safety 

Standard (FMVSS) No. 116, ‘‘Motor 

Vehicle Brake Fluids,’’ specifies 


amozie on DSK3GDR082PROD with PROPOSALS1
Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Proposed Rules 66229 

1 75 FR 5553 (Feb. 3, 2010). 

1These status reports can both be accessed on the 

Board’s website at https://www.stb.gov/stb/about/ 

RRTF.html. 

2Many water carriers use third-party service 

providers to manage and maintain their tariffs on 

the internet. 

3Noncontiguous domestic trade means 

‘‘transportation subject to jurisdiction under 

chapter 135 involving traffic originating in or 

destined to Alaska, Hawaii, or a territory or 

possession of the United States.’’ 49 U.S.C. 

13102(17). 

requirements for fluids for use in 

hydraulic brake systems of motor 

vehicle, containers for these fluids, and 

labeling of the containers. The purpose 

of this standard is to reduce failures, 

which may occur because of the 

manufacture or use of improper or 

contaminated fluid, in the hydraulic 

braking systems of motor vehicles. This 

standard applies to all fluid for use in 

hydraulic brake systems of motor 

vehicles. 

The NPRM 

On February 3, 2010, NHTSA 

published a Notice of Proposed 

Rulemaking (NPRM) proposing to 

amend FMVSS No. 116 to include tests 

to measure the impact of brake fluid on 

ethylene, propylene, and diene 

terpolymer (EPDM) rubber, update 

references to industry standards, and 

correct minor errors in the standard.1

The supporting rationale for the 

proposed EPDM testing amendment was 

that the motor vehicle industry had 

shifted over the last two decades from 

using styrene-butadiene rubber (SBR), 

which is currently covered by FMVSS 

No. 116, to EPDM rubber. The proposed 

rule informed the public about the 

agency’s proposal to amend the 

standard by: (1) Adding the testing of a 

terpolymer of ethylene, propylene, and 

diene (EPDM) rubber to the corrosion 

test and the temperature sensitivity test; 

(2) updating the Society of Automotive 

Engineers International (SAE) and 

American Society for Testing and 

Materials (ASTM) references; and (3) 

correcting minor errors. 

Comments Received 

NHTSA received comments on the 

2010 NPRM from three manufacturers of 

brake fluid/components, an 

international standards organization, 

and an individual. Two of the 

manufacturers mentioned that the 

Compatibility Fluid, RM–66–05, was no 

longer available, and had been replaced 

by RM–66–06 or ISO 4926 fluid. All 

three manufacturers suggested changes 

to a performance test that was 

unmentioned in the agency’s proposal. 

The international standards 

organization suggested changes that 

reflected more recent SAE standards. 

The individual opposed the 

incorporation of industry standards into 

Federal regulations and suggested 

additional performance tests. 

Reason for Withdrawal 

Although the agency proposal in 2010 

provided amendments to add EPDM 

rubber to the standard and update the 

references to industry standards, further 

research and studies are necessary to 

develop a proposed upgrade to FMVSS 

No. 116 that would effectively provide 

minimum performance requirements for 

the type of EPDM rubber currently 

available. The rubber formulations 

included in recent updates to industry 

standards have changed, and the blends 

referenced in the NPRM include 

ingredients that are no longer available. 

In addition to changes to the SBR and 

EPDM rubber formulations, the agency 

determined other corrections are 

necessary that were not included in the 

NPRM. One such correction brought up 

by commenters is the reference to the 

Compatibility Fluid, RM–66–05, which 

had been replaced by the RM–66–06 

fluid. Another correction needed is the 

hardness test procedure for the EPDM 

rubber, which had been inadvertently 

omitted from the proposed performance 

tests in the NPRM. Finally, NHTSA 

notes SAE International and the ASTM 

have updated several of the industry 

standards and tests referenced in the 

NPRM since the publication of the 

notice in 2010. 

Since publication of the NPRM and 

after review of the comments, the 

agency has determined that updates and 

corrections outside the scope of the 

notice are necessary in order to publish 

a final rule, and additional research and 

data analyses are needed. Accordingly, 

NHTSA has determined that the 

proposed updates in the 2010 NPRM to 

FMVSS No. 116 should not be adopted 

at this time and is withdrawing the 

NPRM. 

Issued in Washington, DC, under authority 

delegated in 49 CFR 1.95 and 501.5. 

Heidi Renate King, 

Deputy Administrator. 

[FR Doc. 2018–27796 Filed 12–21–18; 8:45 am] 

BILLING CODE 4910–59–P 

SURFACE TRANSPORTATION BOARD 

49 CFR Parts 1002 and 1312 

[Docket No. EP 743] 

Water Carrier Tariff Filing Procedures 

AGENCY: Surface Transportation Board. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Surface Transportation 

Board (STB or Board) proposes a new 

procedure for water carriers operating in 

the noncontiguous domestic trade to 

electronically publish, file, and keep 

tariffs available for public inspection. 

As explained in this notice of proposed 

rulemaking (NPRM), the Board proposes 

to update its water carrier tariff filing 

regulations to reflect current business 

practices. 

DATES: Comments are due by January 

25, 2019. Reply comments are due by 

February 25, 2019. 

ADDRESSES: Comments may be 

submitted either via the Board’s e-filing 

format or in paper format. Any person 

using e-filing should attach a document 

and otherwise comply with the 

instructions found on the Board’s 

website at www.stb.gov at the E–FILING 

link. Any person submitting a filing in 

paper format should send an original 

and 10 paper copies of the filing to: 

Surface Transportation Board, Attn: 

Docket No. EP 743, 395 E Street SW, 

Washington, DC 20423–0001. Written 

comments and replies will be posted on 

the Board’s website and can also be 

obtained by contacting the Office of 

Public Assistance, Governmental 

Affairs, and Compliance (OPAGAC) at 

RCPA@stb.gov or (202) 245–0238. 

FOR FURTHER INFORMATION CONTACT: 

Michael Higgins at 202–245–0284. 

Assistance for the hearing impaired is 

available through Federal Information 

Relay Service (FIRS) at (800) 877–8339. 

SUPPLEMENTARY INFORMATION: In April 

2017, the Board established its 

Regulatory Reform Task Force (RRTF), 

with the primary objective of identifying 

Board rules and practices that are 

burdensome, unnecessary, or outdated 

and to recommend how they should be 

addressed. See Regulatory Reform Task 

Force, EP 738 (STB served June 20, 

2017). The RRTF identified the current 

water carrier tariff regulations at 49 CFR 

part 1312 as imposing significant costs 

on the carriers as well as the Board. See 

RRTF 90-Day Status Report (issued May 

25, 2017); RRTF Status Report (issued 

Nov. 21, 2017).1 Accordingly, the 

proposed rules would update the 

Board’s regulations to allow water 

carriers 2 to electronically publish, file, 

and keep tariffs available for public 

inspection. The Board anticipates that 

the new procedures would significantly 

reduce costs and burdens that water 

carriers incur in complying with tariffrelated statutory requirements. 

Background. Water carriers operating 

in the noncontiguous domestic trade 3


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