Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Rules and Regulations 42779 

2The Inflation Adjustment Act defines 

‘‘Consumer Price Index’’ as ‘‘the Consumer Price 

Index for all-urban consumers published by the 

Department of Labor.’’ Historic data on the 

Consumer Price Index for all-urban consumers, 

including the data relied upon in this rulemaking, 

can be found at ftp://ftp.bls.gov/pub/ 

special.requests/cpi/cpiai.txt. 

3According to the U.S. Department of Commerce, 

Bureau of Economic Analysis, the implicit price 

deflator for gross domestic product was indexed at 

92.106 in 1995 (the year of the Unfunded Mandates 

Reform Act) and 122.422 in 2008. See http:// 

www.bea.gov/national/nipaweb/ (Table 1.1.9). 

(CPI) for June of 2008 (the calendar year 

preceding this adjustment) was 

218.815.2 The CPI for June of 2005 (the 

calendar year in which the Patient 

Safety Act CMP was last set) was 194.5. 

The percent change in these CPIs is an 

increase of 12.5 percent. This leads to 

an unrounded increase in the Patient 

Safety Act’s CMP of $1,250. 

Under step 2, we round the amount of 

the increase ($1,250) based on the size 

of the penalty ($10,000). Because the 

penalty of $10,000 is ‘‘greater than 

$1,000 but less than or equal to 

$10,000,’’ we round the increase to the 

nearest multiple of $1,000. This leads to 

a rounded increase of $1,000, for an 

increased penalty of $11,000. 

Step 3 requires that the first 

adjustment to a civil penalty be limited 

to 10 percent of the penalty amount. 

This is the first adjustment to the 

Patient Safety Act’s CMP. Therefore, 

this 10 percent cap is applicable. 

Pursuant to this cap, the adjusted 

penalty cannot exceed $11,000. Because 

the adjusted penalty is $11,000, it does 

not exceed the cap. Accordingly, the 

Patient Safety Act’s revised maximum 

CMP amount, after adjusting for 

inflation pursuant to the Inflation 

Adjustment Act, is $11,000. 

Based on the above, we are amending 

42 CFR 3.404(b) to provide that the 

Secretary may impose a CMP of not 

more than $11,000, rather than the 

current limit of $10,000, for a violation 

of the Patient Safety Act’s 

confidentiality requirements. 

V. Environmental Impact 

We have determined under 21 CFR 

25.30(a) and (h) that this action is of a 

type that does not individually or 

cumulatively have a significant effect on 

the human environment. Therefore, 

neither an environmental assessment 

nor an environmental impact statement 

is required. 

VI. Paperwork Reduction Act 1995 

We have concluded that the CMP 

adjustment in this direct final rule is not 

subject to review by the Office of 

Management and Budget under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520) because it does not 

constitute a ‘‘collection of information.’’ 

That is, the adjustment does not require 

disclosure of any information to the 

Department, third parties, or the public. 

VII. Federalism 

The Department has analyzed this 

direct final rule in accordance with the 

principles set forth in Executive Order 

13132. We have determined that the 

rule does not contain policies that have 

substantial direct effects on the States, 

on the relationship between the 

National Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. Accordingly, we 

have concluded that the rule does not 

contain policies that have Federalism 

implications as defined in the Executive 

Order and, consequently, a Federalism 

summary impact statement is not 

required. 

VIII. Analysis of Impacts 

The Department has examined the 

impacts of the direct final rule under 

Executive Order 12866, the Regulatory 

Flexibility Act (5 U.S.C. 601–612), and 

the Unfunded Mandates Reform Act of 

1995 (Pub. L. 104–4). Executive Order 

12866 directs agencies to assess all costs 

and benefits of available regulatory 

alternatives and, when regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety, 

and other advantages; distributive 

impacts; and equity). The Department 

believes that this direct final rule is not 

a significant regulatory action under the 

Executive Order. 

The Regulatory Flexibility Act 

requires agencies to analyze regulatory 

options that would minimize any 

significant impact of a rule on small 

entities. Because this direct final rule 

simply adjusts the maximum amount of 

a CMP, and because the adjustment is 

required by the Inflation Adjustment 

Act, the Department certifies that the 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

Section 202(a) of the Unfunded 

Mandates Reform Act of 1995 requires 

that agencies prepare a written 

statement, which includes an 

assessment of anticipated costs and 

benefits, before proposing ‘‘any rule that 

includes any Federal mandate that may 

result in the expenditure by State, local, 

and tribal governments, in the aggregate, 

or by the private sector, of $100,000,000 

or more (adjusted annually for inflation) 

in any one year.’’ The current threshold 

after adjustment for inflation is $133 

million, using the most current (2008) 

Implicit Price Deflator for the Gross 

Domestic Product.3 The Department 

does not expect this direct final rule to 

result in any 1-year expenditure that 

would meet or exceed this amount. 

List of Subjects in 42 CFR Part 3 

Administrative practice and 

procedure, Civil money penalty, 

Confidentiality, Conflict of interests, 

Courts, Freedom of information, Health, 

Health care, Health facilities, Health 

insurance, Health professions, Health 

records, Hospitals, Investigations, Law 

enforcement, Medical research, 

Organization and functions, Patient, 

Patient safety, Privacy, Privilege, Public 

health, Reporting and recordkeeping 

requirements, Safety, State and local 

governments, Technical assistance. 

■ For the reasons stated in the preamble, 

amend part 3 of title 42 of the Code of 

Federal Regulations as follows: 

PART 3—PATIENT SAFETY 

ORGANIZATIONS AND PATIENT 

SAFETY WORK PRODUCT 

■ 1. The authority citation for part 3 

continues to read: 

Authority: 42 U.S.C. 216, 299b–21 through 

299b–26; 42 U.S.C. 299c–6. 

■ 2. Amend § 3.404 by revising 

paragraph (b) to read as follows: 

§ 3.404 Amount of a civil money penalty. 

* * * * * 

(b) The Secretary may impose a civil 

money penalty in the amount of not 

more than $11,000. 

Dated: August 18, 2009. 

Kathleen Sebelius, 

Secretary. 

[FR Doc. E9–20419 Filed 8–24–09; 8:45 am] 

BILLING CODE 4160–90–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 202, 209, 214, 227, 237, 

and 252 

Defense Federal Acquisition 

Regulation Supplement; Technical 

Amendments 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is making technical 

amendments to the Defense Federal 


srobinson on DSKHWCL6B1PROD with RULES
42780 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Rules and Regulations 

Acquisition Regulation Supplement 

(DFARS) to update the list of DoD 

contracting activities and other 

references within the DFARS text. 

DATES: Effective Date: August 25, 2009. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Michele Peterson, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DARS), IMD 3D139, 3062 

Defense Pentagon, Washington, DC 

20301–3062. Telephone 703–602–0311; 

facsimile 703–602–7887. 

SUPPLEMENTARY INFORMATION: This final 

rule amends DFARS text as follows: 

• 202.101. Updates the listings of 

DoD contracting activities and military 

departments and defense agencies. 

• 209.403, 214.407–3, and 227.7004. 

Updates organization names. 

• 237.7204. Updates the fill-in 

portion of a document format to permit 

insertion of the calendar year. 

• 252.244–7000. Updates a reference 

to a contract clause to reflect a revision 

to the clause that was published at 74 

FR 37626 on July 29, 2009. 

List of Subjects in 48 CFR Parts 202, 

209, 214, 227, 237, and 252 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR Parts 202, 209, 214, 

227, 237, and 252 are amended as 

follows: 

■ 1. The authority citation for 48 CFR 

Parts 202, 209, 214, 227, 237, and 252 

continues to read as follows: 

Authority: 41 U.S.C. 421 and 48 CFR 

Chapter 1. 

PART 202—DEFINITIONS OF WORDS 

AND TERMS 

■ 2. Section 202.101 is amended by 

revising the definitions of Contracting 

activity and Departments and agencies 

to read as follows: 

202.101 Definitions. 

* * * * * 

Contracting activity for DoD also 

means elements designated by the 

director of a defense agency which has 

been delegated contracting authority 

through its agency charter. DoD 

contracting activities are— 

Department of Defense 

Counterintelligence Field Activity 

Department of Defense Education Activity 

TRICARE Management Activity 

Washington Headquarters Services, 

Acquisition and Procurement Office 

Army 

Headquarters, U.S. Army Contracting 

Command 

Joint Contracting Command—Iraq/ 

Afghanistan 

National Guard Bureau 

Program Executive Office for Simulation, 

Training, and Instrumentation 

U.S. Army Aviation and Missile Life Cycle 

Management Command 

U.S. Army Communications-Electronics Life 

Cycle Management Command 

U.S. Army Corps of Engineers 

U.S. Army Expeditionary Contracting 

Command 

U.S. Army Intelligence and Security 

Command 

U.S. Army Joint Munitions and Lethality Life 

Cycle Management Command 

U.S. Army Medical Command 

U.S. Army Medical Research and Materiel 

Command 

U.S. Army Mission and Installation 

Contracting Command 

U.S. Army Research, Development, and 

Engineering Command 

U.S. Army Space and Missile Defense 

Command 

U.S. Army Sustainment Command 

U.S. Army Tank-Automotive and Armaments 

Life Cycle Management Command 

Navy 

Office of the Deputy Assistant Secretary of 

the Navy (Acquisition & Logistics 

Management) 

Naval Air Systems Command 

Space and Naval Warfare Systems Command 

Naval Facilities Engineering Command 

Naval Inventory Control Point 

Naval Sea Systems Command 

Naval Supply Systems Command 

Office of Naval Research 

Military Sealift Command 

Strategic Systems Programs 

Marine Corps Systems Command 

Installations and Logistics, Headquarters, 

U.S. Marine Corps 

Air Force 

Office of the Assistant Secretary of the Air 

Force (Acquisition) 

Office of the Deputy Assistant Secretary 

(Contracting) 

Air Force Materiel Command 

Air Force Reserve Command 

Air Combat Command 

Air Mobility Command 

Air Education and Training Command 

Pacific Air Forces 

United States Air Forces in Europe 

Air Force Space Command 

Air Force District of Washington 

Air Force Operational Test & Evaluation 

Center 

Air Force Special Operations Command 

United States Air Force Academy 

Aeronautical Systems Center 

Air Armament Center 

Electronic Systems Center 

Space and Missile Systems Center 

Defense Advanced Research Projects Agency 

Office of the Deputy Director, Management 

Defense Business Transformation Agency 

Contracting Office 

Defense Commissary Agency 

Directorate of Contracting 

Defense Contract Management Agency 

Office of the Director, Defense Contract 

Management Agency 

Defense Finance And Accounting Service 

External Services, Defense Finance and 

Accounting Service 

Defense Information Systems Agency 

Defense Information Technology Contracting 

Organization 

Defense Intelligence Agency 

Office of Procurement 

Defense Logistics Agency 

Acquisition Management Directorate 

Defense Supply Centers 

Defense Energy Support Center 

Defense Security Cooperation Agency 

Contracting Division 

Defense Security Service 

Acquisition and Contracting Branch 

Defense Threat Reduction Agency 

Acquisition Management Office 

Missile Defense Agency 

Headquarters, Missile Defense Agency 

National Geospatial-Intelligence Agency 

Procurement and Contracting Office 

National Security Agency 

Headquarters, National Security Agency 

United States Special Operations Command 

Headquarters, United States Special 

Operations Command 

United States Transportation Command 

Directorate of Acquisition 

* * * * * 

Departments and agencies, as used in 

DFARS, means the military departments 

and the defense agencies. The military 

departments are the Departments of the 

Army, Navy, and Air Force (the Marine 

Corps is a part of the Department of the 

Navy). The defense agencies are the 

Defense Advanced Research Projects 

Agency, the Defense Business 

Transformation Agency, the Defense 

Commissary Agency, the Defense 

Contract Management Agency, the 

Defense Finance and Accounting 

Service, the Defense Information 

Systems Agency, the Defense 

Intelligence Agency, the Defense 

Logistics Agency, the Defense Security 

Cooperation Agency, the Defense 

Security Service, the Defense Threat 

Reduction Agency, the Missile Defense 

Agency, the National GeospatialIntelligence Agency, and the National 

Security Agency. 

* * * * * 

PART 209—CONTRACTOR 

QUALIFICATIONS 

209.403 [Amended] 

■ 3. Section 209.403 is amended in the 

definition of Debarring and suspending 

official, in paragraph (1), by removing 

the entry ‘‘National Imagery and 

Mapping Agency—The General 

Counsel’’ and adding in its place 

‘‘National Geospatial-Intelligence 

Agency—The General Counsel’’. 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Rules and Regulations 42781 

PART 214—SEALED BIDDING 

■ 4. Section 214.407–3 is amended by 

revising paragraph (e)(v) to read as 

follows: 

214.407–3 Other mistakes disclosed 

before award. 

(e) * * * 

(v) National Geospatial-Intelligence 

Agency: General Counsel, NGA. 

* * * * * 

PART 227—PATENTS, DATA, AND 

COPYRIGHTS 

227.7004 [Amended] 

■ 5. Section 227.7004 is amended in 

paragraph (c)(7) by removing ‘‘Imagery 

and Mapping’’ and adding in its place 

‘‘Geospatial-Intelligence’’. 

PART 237—SERVICE CONTRACTING 

237.7204 [Amended] 

■ 6. Section 237.7204 is amended under 

the heading ‘‘EDUCATIONAL SERVICE 

AGREEMENT Agreement No. llll’’, 

in paragraph 1., by removing ‘‘19ll’’ 

and adding in its place ‘‘ll’’. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 7. Section 252.244–7000 is amended 

by revising the clause date and 

paragraph (a) to read as follows: 

252.244–7000 Subcontracts for 

Commercial Items and Commercial 

Components (DoD Contracts). 

* * * * * 

Subcontracts for Commercial Items 

and Commercial Components (DoD 

Contracts) (AUG 2009) 

* * * * * 

(a) 252.225–7009 Restriction on 

Acquisition of Certain Articles 

Containing Specialty Metals (10 U.S.C. 

2533b). 

* * * * * 

[FR Doc. E9–20416 Filed 8–24–09; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA–2009–0151] 

RIN 2127–AK44 

Federal Motor Vehicle Safety 

Standards; Air Brake Systems 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), DOT. 

ACTION: Final rule. 

SUMMARY: This document makes 

permanent an existing requirement that 

trailers with antilock brake systems 

(ABS) be equipped with an external 

malfunction indicator lamp. The 

indicator lamp requirement, which is 

included in the Federal motor vehicle 

safety standard that governs air-braked 

vehicles, was originally scheduled to 

sunset on March 1, 2009, but had 

previously been extended to September 

1, 2009. The agency had established a 

sunset date for this requirement in light 

of the increasing numbers of post-2001 

tractors which have an in-cab trailer 

ABS malfunction lamp, making the 

external trailer lamp redundant. We are 

making the requirement permanent in 

light of additional safety purposes 

served by the external lamp, including: 

it not only warns the driver of a 

malfunctioning trailer ABS, but, unlike 

the in-cab lamps, indicates which trailer 

in double and trailer applications has a 

malfunction, and it assists Federal and 

State roadside inspectors and 

maintenance personnel in identifying a 

malfunctioning trailer ABS. This 

rulemaking was conducted in response 

to petitions from the Commercial 

Vehicle Safety Alliance. 

DATES: Effective Date: This rule is 

effective August 31, 2009. Petitions: 

Petitions for reconsideration must be 

received by October 9, 2009. 

ADDRESSES: If you wish to petition for 

reconsideration of this rule, you should 

refer in your petition to the docket 

number of this document and submit 

your petition to: Administrator, 

National Highway Traffic Safety 

Administration, 1200 New Jersey 

Avenue, SE., West Building, 

Washington, DC, 20590. 

The petition will be placed in the 

docket. Anyone is able to search the 

electronic form of all documents 

received into any of our dockets by the 

name of the individual submitting the 

document (or signing the document, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78) or you 

may visit http://www.dot.gov/ 

privacy.html. 

FOR FURTHER INFORMATION CONTACT: For 

non-legal issues, you may call Mr. 

George Soodoo, Office of Crash 

Avoidance Standards (Phone: 202–366– 

4931; FAX: 202–366–7002). For legal 

issues, you may call Mr. Ari Scott, 

Office of the Chief Counsel (Phone: 202– 

366–2992; FAX: 202–366–3820). You 

may send mail to these officials at: 

National Highway Traffic Safety 

Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Comments 

III. Response to Comments and Agency 

Decision 

IV. Rulemaking Analyses and Notices 

I. Background 

The final rule requiring antilock brake 

systems (ABS) on truck tractors, other 

air-braked heavy vehicles including 

trailers, and hydraulic-braked trucks 

was published in the Federal Register 

(60 FR 13216) on March 10, 1995. As 

amended by that final rule, FMVSS No. 

121, Air Brake Systems, required two 

separate in-cab ABS malfunction 

indicator lamps for each truck tractor, 

one for the tractor’s ABS (effective 

March 1, 1997) and the other for the 

trailer’s ABS (effective March 1, 2001). 

The final rule also required air-braked 

trailers to be equipped with an 

externally mounted ABS malfunction 

lamp (effective March 1, 1998) so that 

the driver of a non-ABS equipped 

tractor or an ABS-equipped tractor 

manufactured prior to March 1, 2001, 

towing an ABS-equipped trailer would 

be alerted in the event of a malfunction 

in the trailer ABS. 

The requirement for the trailermounted ABS malfunction indicator 

lamp was originally scheduled to expire 

on March 1, 2009. The National 

Highway Traffic Safety Administration 

(NHTSA) established this sunset date, 

based on the assumption that, after this 

eight-year period, many of the pre-2001 

tractors without the dedicated trailer 

ABS malfunction indicator lamp would 

no longer be in long-haul service. The 

agency based its decision on the belief 

that the typical tractor life was five to 

seven years, and therefore decided on 

an eight-year period for the external 

ABS malfunction indicator lamp 

requirement. We further stated our 

belief that there would be no need for 

a redundant ABS malfunction lamp 

mounted on the trailer after the vast 

majority of tractors were equipped with 

an in-cab ABS malfunction indicator 

lamp for the trailer. 

Before the trailer-mounted ABS 

malfunction indicator lamp requirement 

expired, NHTSA received two petitions 

from the Commercial Vehicle Safety 

Alliance (CVSA). CVSA is an 

international not-for-profit organization 

comprised of local, State, provincial, 

territorial and Federal motor carrier 

safety officials and industry 


srobinson on DSKHWCL6B1PROD with RULES