65126 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Proposed Rules 

(B) LINE C13B, COUNTRY OF 

ORIGIN CODE. 

(1) Complete Line C13B only if Line 

C13A is coded A or B. Otherwise, leave 

Line C13B blank. 

(2) Enter the code from FIPS PUB 10, 

Countries, Dependencies, Areas of 

Special Sovereignty, and Their Principal 

Administrative Divisions, that identifies 

the country where the foreign product is 

coming from or where the foreign 

company providing the services is 

located. If more than one foreign 

country is involved, enter the code of 

the foreign country with the largest 

dollar value of work under the contract.

* * * * *

56. Section 253.213–70 is amended by 

revising paragraph (a)(2) to read as 

follows:

253.213–70 Instructions for completion of 

DD Form 1155. 

(a) * * *

(2) The contractor is located in the 

contiguous United States or Canada.

* * * * *

Appendix F to Chapter 2—Material 

Inspection and Receiving Report F–104 

[Amended] 

57. Appendix F to Chapter 2 is 

amended in Part 1, Section F–104, as 

follows:

a. In paragraph (a)(5)(i) introductory text by 

removing ‘‘Continental United States’’ and 

adding in its place ‘‘Contiguous United 

States’’; and 

b. In paragraph (a)(5)(ii), in the first 

sentence, by removing ‘‘continental U.S.’’

and adding in its place ‘‘contiguous United 

States’’.

[FR Doc. 04–24861 Filed 11–9–04; 8:45 am] 

BILLING CODE 5001–08–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety 

Administration 

49 CFR Part 571

[Docket No. NHTSA–2002–12845] 

RIN 2127–AH71

Federal Motor Vehicle Safety 

Standards; Accelerator Control 

Systems

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), DOT.

ACTION: Withdrawal of rulemaking.

SUMMARY: In July 2002, NHTSA 

published an NPRM proposing to 

update Federal Motor Vehicle Safety 

Standard (FMVSS) No. 124, the agency’s 

safety standard for vehicle accelerator 

control systems, to make explicit its 

applicability to new types of engines 

and throttle controls, particularly 

electronic ones. The proposal included 

a number of new test procedures to 

address different types of powertrain 

technology. One of those test procedures 

involved measurement of engine speed 

under realistic powertrain load 

conditions on a chassis dynamometer. 

That procedure was ‘‘technologyneutral’’ and was included to allow 

testing of vehicles that could not readily 

be tested by one of the other procedures 

included in the proposal that were 

technology specific. 

As discussed in this document, the 

agency is withdrawing the NPRM while 

it conducts further research on issues 

relating to chassis dynamometer-based 

test procedures for accelerator controls.

FOR FURTHER INFORMATION CONTACT: The 

following persons at the NHTSA, 400 

7th Street, SW., Washington, DC 20590. 

For non-legal issues, you may call Mr. 

Michael Pyne, Office of Crash 

Avoidance Standards (Telephone: 202–

366–2720) (Fax: 202–366–7002). 

For legal issues, you may call Ms. 

Dorothy Nakama, Office of Chief 

Counsel (Telephone: 202–366–2992) 

(Fax: 202–366–3820).

SUPPLEMENTARY INFORMATION:

I. Background 

Federal Motor Vehicle Safety 

Standard (FMVSS) No. 124, Accelerator 

Control Systems, provides for safe 

control of engine power by a vehicle’s 

driver-operated accelerator. For vehicles 

that are operating with their accelerator 

controls intact, FMVSS No. 124 requires 

the rapid return of the throttle to the 

idle position (within one second for 

light vehicles and two seconds for heavy 

vehicles) when the accelerator pedal is 

released. For vehicles that experience 

disconnections in the linkage between 

their accelerator pedals and throttling 

devices, FMVSS No. 124 requires return 

to idle in an equally rapid fashion. By 

virtue of FMVSS No. 124’s 

requirements, drivers are ensured that 

releasing the accelerator pedal will 

prevent the engine from continuing to 

power the drive wheels at a level greater 

than the idle level, even if the 

accelerator linkage breaks. 

New engine control technology such 

as ‘‘throttle-by-wire’’ systems have 

significantly changed the nature of 

accelerator control functions and failure 

modes. Throttle linkages have become 

less common, and now 

‘‘disconnections’’ or ‘‘severances’’ as 

referred to in the standard could just as 

easily involve electrical wires as they 

could rods, levers, and cables. In 

interpretation letters, NHTSA has stated 

that electrical wires and connectors in 

an electronic system are analogous to 

mechanical components in a traditional 

system and are therefore covered by 

FMVSS No. 124. However, complexity 

in electronic accelerator control systems 

is much greater than in mechanical 

ones, especially in terms of the 

powertrain responses that can result 

from failures in such systems. 

In order to update FMVSS No. 124, 

NHTSA published a Request for 

Comments in 1995 (60 FR 60261) and, 

after consideration of comments 

received, issued an NPRM in 2002 (67 

FR 48117).

The agency proposed that the 

standard specify explicitly the 

components and types of 

disconnections and severances to be 

covered in electronic accelerator control 

systems. NHTSA also proposed that the 

standard include new test procedures to 

better address different types of 

powertrains. A manufacturer could 

choose any one of the test procedures as 

a basis for compliance, and a 

‘‘universal’’ chassis dynamometer test 

was included as a last resort in cases 

where the other procedures were 

inapplicable. 

In making the proposal, NHTSA 

sought not to expand the scope of the 

existing Standard, but to merely clarify 

the standard’s applicability to 

accelerator control systems associated 

with various powertrains including 

gasoline engines, diesel engines, electric 

motors, and hybrids. The new 

procedures in the proposal were all 

premised on return to a ‘‘baseline’’ idle 

condition measured on a normally 

operating vehicle, analogous to return of 

a throttle plate to the idle position. 

The proposal included three 

technology specific test procedures plus 

a ‘‘universal’’ test procedure. The first of 

the proposed technology specific test 

procedures was essentially the existing 

air throttle plate position test of the 

current Standard, normally applicable 

to conventional gasoline engines. The 

second test procedure was measurement 

of fuel flow rate, normally applicable to 

diesel engines. The third test procedure 

was measurement of input current to a 

drive motor, applicable to electric 

vehicles. The last procedure was 

measurement of drivetrain output via 

engine speed, conducted on a chassis 

dynamometer. This was considered a 

universal test because it could be 

applied to gasoline, diesel, or electric 

vehicles. 

II. Reason for Withdrawal 

In commenting on the NPRM and in 

subsequent comments, the Alliance of 

Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Proposed Rules 65127

1 Docket NHTSA–2002–12845–10. 

2 Docket NHTSA–2002–12845–13.

3 Docket NHTSA–2002–12845–15.

4 Docket NHTSA–2002–12845–14.

Automobile Manufacturers (Alliance) 

suggested that FMVSS No. 124 should 

include a direct measurement of 

powertrain output to the drive 

wheels. 1,2 The Alliance stated that this 

would be a ‘‘technology-neutral’’ test 

and, thus, would be similar to NHTSA’s 

proposed engine RPM test but with the 

advantage of being more easily 

applicable to hybrid powertrains in 

which engine RPM might not indicate 

drive torque. Subsequently, the Alliance 

suggested that the powertrain output 

test should measure vehicle driving 

speed, i.e., ‘‘creep speed,’’ rather than 

output horsepower or torque.3 Toyota 

suggested a similar approach, but 

requested that the agency consider a 

somewhat different creep speed test 

procedure.4

While the agency regards these 

suggestions merely as variations on the 

dynamometer-based engine rpm test as 

proposed in the NPRM, we believe that 

additional research on the exact 

procedures for the suggested test is 

desirable. In particular, the agency 

wants to conduct its own tests to 

provide additional support for the use of 

a dynamometer for measurement of 

powertrain output (or possibly creep 

speed measurements), and demonstrate 

the feasibility of conducting compliance 

tests for all suggested approaches. 

In addition, the Alliance suggested 

that the agency include air flow rate 

measurement as another optional test 

procedure in FMVSS No. 124. Many 

vehicles already have mass air flow 

sensors that can monitor air flow rate. 

For vehicles with sensors, the test 

would measure the air flow rate during 

the failsafe response for comparisons to 

the baseline idle condition. NHTSA 

plans to conduct research on the 

suggested air flow rate test procedure 

and decide on the appropriateness of 

including it in FMVSS No. 124. 

Given the time it will take to conduct 

research on some of the issues involved, 

NHTSA has decided not to continue an 

active rulemaking on this issue during 

that research. Therefore, NHTSA is 

withdrawing the rulemaking to update 

FMVSS No. 124.

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

30117, and 30166; delegation of authority at 

49 CFR 1.50.

Issued: November 4, 2004. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking.

[FR Doc. 04–24978 Filed 11–9–04; 8:45 am] 

BILLING CODE 4910–59–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Parts 223 and 229

[Docket No. 040903253–4253–01; I.D. 

081104H]

RIN 0648–AR39

Taking of Marine Mammals Incidental 

to Commercial Fishing Operations; 

Bottlenose Dolphin Take Reduction 

Plan; Sea Turtle Conservation; 

Restrictions to Fishing Activities

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Proposed rule; request for 

comments.

SUMMARY: NMFS is proposing to 

implement management measures to 

reduce the incidental mortality and 

serious injury (bycatch) of the western 

North Atlantic coastal bottlenose 

dolphin stock (dolphins) (Tursiops 

truncatus) in the mid-Atlantic coastal 

gillnet fishery and eight other coastal 

fisheries operating within the dolphin’s 

distributional range and to amend 

current, seasonal restrictions on large 

mesh gillnet fisheries operating in the 

mid-Atlantic region to reduce the 

incidental take of sea turtles in North 

Carolina and Virginia state waters. This 

rule proposes to use effort reduction 

measures, gear proximity rules, gear or 

gear deployment modifications, 

fishermen training, and outreach and 

education measures to reduce dolphin 

bycatch below the marine mammal 

stock’s potential biological removal 

level (PBR); and time/area closures and 

size restrictions on large mesh fisheries 

to reduce incidental takes of endangered 

and threatened sea turtles as well as to 

reduce dolphin bycatch below the 

stock’s PBR.

DATES: Written comments on the 

proposed rule must be received no later 

than 5 p.m. eastern time, on February 8, 

2005.

ADDRESSES: You may submit comments, 

identified by the RIN 0648–AR39, by 

any of the following methods:

• E-mail: 0648–

AR39.proposed@noaa.gov. Include 

Docket Number RIN 0648–AR39 in the 

subject line of the message.

• Mail: Chief, Protected Resources 

Division, NMFS, 9721 Executive Center 

Drive North, St. Petersburg, FL 33702–

2432.

• Facsimile (fax) to: 727–570–5517. 

Chief, Protected Resources Division, 

NMFS, 9721 Executive Center Drive 

North, St. Petersburg, FL 33702–2432.

• Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

rulemaking. For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see the ‘‘Public Participation’’ heading 

of the SUPPLEMENTARY INFORMATION

section of this document.

Copies of the Environmental 

Assessment (EA), an Initial Regulatory 

Flexibility Analysis (IRFA), the 

Bottlenose Dolphin Take Reduction 

Team (BDTRT) meeting summaries and 

progress reports and complete citations 

for all references used in this 

rulemaking may be obtained from the 

persons listed under FOR FURTHER

INFORMATION CONTACT.

Comments regarding the collection of 

information requirements contained in 

this proposed rule should be submitted 

in writing to the Chief, Marine Mammal 

Conservation Division, Office of 

Protected Resources, NMFS, 1315 EastWest Highway, Silver Spring, MD 20910 

and to David Rostker, OMB, by e-mail 

at DavidlRostker@omb.eop.gov or by 

fax to 202–395–7285.

FOR FURTHER INFORMATION CONTACT:

Stacey Carlson, NMFS, Southeast 

Region, 727–570–5312, Kristy Long, 

NMFS, 301–713–2322, or Brian Hopper, 

NMFS, Northeast Region, 978–281–

9328. Individuals who use 

telecommunications devices for the deaf 

(TDD) may call the Federal Information 

Relay Service at 1–800–877–8339 

between 8 a.m. and 4 p.m. eastern time, 

Monday through Friday, excluding 

Federal holidays.

SUPPLEMENTARY INFORMATION: NMFS 

intends to conduct two public hearings 

on this proposed rule. One hearing will 

be in conjunction with the next BDTRT 

meeting, which has not yet been 

scheduled but will occur during the 

comment period; and another in a 

location chosen to maximize 

participation of affected fishermen. 

NMFS will publish a separate notice 

detailing the time and location of the 

public hearings.

Electronic Access

For additional information on western 

North Atlantic coastal bottlenose 

dolphins, refer to the final 2002 Atlantic 

and Gulf of Mexico Marine Mammal 

Stock Assessment Reports (SARs). The 

SARs can be accessed via the Internet at 

http://www.nmfs.noaa.gov/protlres/