Federal Register / Vol. 71, No. 163 / Wednesday, August 23, 2006 / Proposed Rules 49405 

Census Bureau data indicate that there 

are 858 U.S. firms that manufacture 

radio and television broadcasting and 

communications equipment, and that 

778 of these firms have fewer than 750 

employees and would therefore be 

classified as small entities. We do not 

have information that indicates how 

many of the six radio equipment 

manufacturers associated with this 

proceeding are among these 778 firms. 

Motorola, however, is a major, 

nationwide radio equipment 

manufacturer, and thus, we conclude 

that it would not qualify as a small 

business. 

Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements 

32. The NPRM neither proposes nor 

anticipates any additional reporting, 

recordkeeping or other compliance 

measures. 

Steps Taken To Minimize Significant 

Economic Impact on Small Entities, and 

Significant Alternatives Considered 

33. The RFA requires an agency to 

describe any significant alternatives that 

it has considered in reaching its 

proposed approach, which may include 

the following four alternatives (among 

others): (1) The establishment of 

differing compliance or reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (2) the clarification, 

consolidation, or simplification of 

compliance or reporting requirements 

under the rule for small entities; (3) the 

use of performance, rather than design, 

standards; and (4) an exemption from 

coverage of the rule, or any part thereof, 

for small entities. 

34. The NPRM solicits comment on 

various proposals set forth herein. For 

example, the Commission seeks 

comment on its proposal to authorize 

use of frequency 173.075 MHz by rule 

rather than by individual licensing. 

These proposals are made to reduce the 

regulatory burden for SVRS licensees, 

most of whom are small police entities. 

Federal Rules That May Duplicate, 

Overlap, or Conflict With the Proposed 

Rules 

35. None. 

III. Ordering Clauses 

36. Pursuant to sections 4(i), 303(f) 

and (r), and 332 of the Communications 

Act of 1934, as amended, 47 U.S.C. 

154(i), 303(f), 303(r), 332, this Notice of 

Proposed Rulemaking is adopted. 

37. It is further ordered that the 

Commission’s Consumer and 

Government Affairs Bureau, Reference 

Information Center, shall send a copy of 

the Notice of Proposed Rulemaking 

including the Initial Regulatory 

Flexibility Analysis, to the Chief 

Counsel for Advocacy of the Small 

Business Administration. 

List of Subjects in 47 CFR Part 90 

Communications equipment, Radio. 

Federal Communications Commission. 

William F. Caton, 

Deputy Secretary. 

Proposed Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 90 as follows: 

PART 90—PRIVATE LAND MOBILE 

RADIO SERVICES 

1. The authority citation for part 90 

continues to read as follows: 

Authority: Sections 4(i), 11, 303(g), 303(r) 

and 332(c)(7) of the Communications Act of 

1934 as amended, 47 U.S.C. 154(i), 161, 

303(g), 303(r), 332(c)(7). 

2. Section 90.20 is amended by 

revising paragraph (e)(6) to read as 

follows: 

§ 90.20 Public Safety Pool. 

* * * * * 

(e) * * * 

(6) The frequency 173.075 MHz is 

available for stolen vehicle recovery 

systems on a shared basis with the 

Federal Government. 

(i) Base station transmitters are 

limited to 300 watts ERP, regardless of 

the maximum authorized bandwidth. 

(ii) Mobile transmitters operating on 

this frequency with emissions 

authorized in a maximum bandwidth of 

12.5 kHz are limited to 5.0 watts power 

output. Mobile transmitters operating on 

this frequency with emissions 

authorized in a maximum bandwidth of 

20 kHz are limited to 2.5 watts power 

output. 

(iii) Any modulation scheme may be 

used. 

(iv) Transmissions from mobiles 

authorized to operate with a maximum 

bandwidth of 20 kHz shall be limited to 

200 milliseconds for every 10 seconds, 

except when a vehicle is being tracked 

actively transmissions are limited to 200 

milliseconds for every second; 

transmissions for mobiles authorized to 

operate with a maximum bandwidth of 

12.5 kHz shall be limited to 400 

milliseconds for every 10 seconds, 

except when a vehicle is being tracked 

actively transmissions are limited to 400 

milliseconds for every second. 

Alternatively, transmissions from 

mobiles regardless of their maximum 

emission bandwidth shall be limited to 

1800 milliseconds for every 300 seconds 

with a maximum of six such messages 

in any 30 minute period. 

(v) Transmissions from base stations 

shall be limited to a total rate of five 

seconds every minute regardless of the 

maximum authorized bandwidth. 

(vi) Applications for base stations 

operating on this frequency shall require 

coordination with the Federal 

Government. Applicants shall perform 

an analysis for each base station that is 

located within 169 km (105 miles) of a 

TV Channel 7 transmitter of potential 

interference to TV Channel 7 viewers. 

Such base stations will be authorized if 

the applicant has limited the 

interference contour to include fewer 

than 100 residences or if the applicant: 

(A) Shows that the proposed site is 

the only suitable location (which, at the 

application stage, requires a showing 

that the proposed site is especially wellsuited to provide the proposed service); 

(B) Develops a plan to control any 

interference caused to TV reception 

from operations; and 

(C) Agrees to make such adjustments 

in the TV receivers affected as may be 

necessary to eliminate interference 

caused by its operations. The licensee 

must eliminate any interference caused 

by its operation to TV Channel 7 

reception within 30 days after 

notification in writing by the 

Commission. If this interference is not 

removed within this 30-day period, 

operation of the base station must be 

discontinued. The licensee is expected 

to help resolve all complaints of 

interference. 

* * * * * 

[FR Doc. E6–13743 Filed 8–22–06; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Part 4 

[FAR Case 2005–017; Docket 2006–0020; 

Sequence 6] 

RIN 9000–AK53 

Federal Acquisition Regulation; FAR 

Case 2005–017, Requirement to 

Purchase Approved Authentication 

Products and Services 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 


sroberts on PROD1PC70 with PROPOSALS
49406 Federal Register / Vol. 71, No. 163 / Wednesday, August 23, 2006 / Proposed Rules 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Proposed rule. 

SUMMARY: The Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council 

(Councils) are proposing to amend the 

Federal Acquisition Regulation (FAR) to 

address the acquisition of products and 

services for personal identity 

verification that comply with 

requirements in Homeland Security 

Presidential Directive (HSPD) 12, 

‘‘Policy for a Common Identification 

Standard for Federal Employees and 

Contractors,’’ and Federal Information 

Processing Standards Publication (FIPS 

PUB) 201, ‘‘Personal Identity 

Verification of Federal Employees and 

Contractors’’. 

DATES: Interested parties should submit 

written comments to the FAR 

Secretariat on or before October 23, 

2006 to be considered in the 

formulation of a final rule. 

ADDRESSES: Submit comments 

identified by FAR case 2005–017 by any 

of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Search for this 

document at the ‘‘Federal Acquisition 

Regulation’’ agency and review the 

‘‘Document Title’’ column; click on the 

Document ID number. Click on 

‘‘comments’’. 

You may also search for any 

document using the ‘‘Advanced search/ 

document search’’ tab, selecting from 

the agency field ‘‘Federal Acquisition 

Regulation’’, and typing the FAR case 

number in the keyword field. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(VIR), 1800 F Street, NW, Room 4035, 

ATTN: Laurieann Duarte, Washington, 

DC 20405. 

Instructions: Please submit comments 

only and cite FAR case 2005–017 in all 

correspondence related to this case. All 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal and/or business confidential 

information provided. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Mr. 

Michael Jackson, Procurement Analyst, 

at (202) 208–4949. For information 

pertaining to status or publication 

schedules, contact the FAR Secretariat 

at (202) 501–4755. Please cite FAR case 

2005–017. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Increasingly, contractors are required 

to have physical access to federally 

controlled facilities and information 

systems in the performance of 

Government contracts. On August 27, 

2004, in response to the general threat 

of unauthorized access to physical 

facilities and information systems, the 

President issued Homeland Security 

Presidential Directive (HSPD) 12. The 

primary objectives of HSPD–12 are to 

establish a process to enhance security, 

increase Government efficiency, reduce 

identity fraud, and protect personal 

privacy by establishing a mandatory, 

Governmentwide standard for secure 

and reliable forms of identification 

issued by the Federal Government to its 

employees and contractors. In 

accordance with HSPD–12, the 

Secretary of Commerce issued on 

February 25, 2005, Federal Information 

Processing Standards Publication (FIPS 

PUB) 201, Personal Identity Verification 

of Federal Employees and Contractors, 

to establish a Governmentwide standard 

for secure and reliable forms of 

identification for Federal and contractor 

employees. FIPS PUB 201 is available at 

http://www.smartcardalliance.org/pdf/ 

industrylinfo/FIPSl201l022505.pdf. 

The associated Office of Management 

and Budget (OMB) guidance, M–05–24, 

dated August 5, 2005, can be found at 

http://www.whitehouse.gov/omb/ 

memoranda/fy2005/m05–24.pdf. 

In accordance with requirements in 

HSPD–12 and OMB Memorandum M–

05–24, agencies must—

(a) Issue and require the use of 

identity credentials that are compliant 

with the technical requirements of FIPS 

PUB 201 and associated guidance issued 

by the National Institute for Standards 

and Technology in the areas of personal 

authentication, access controls and card 

management; and 

(b) Agencies may acquire 

authentication products and services 

that are approved to be compliant with 

the FIPS PUB 201 through Special Item 

Number (SIN) 132–62, HSPD–12 

Product and Service Components, made 

available by GSA under Federal Supply 

Schedule 70. GSA is developing an 

informational Web site 

(idmanagement.gov) that will provide a 

one-stop shop for citizens, businesses, 

and government entities interested in 

identity management activities. The site 

will provide information on HSPD–12 

and eAuthentication acquisition 

vehicles and processes. 

This proposed rule revises Subpart 

4.13 by adding two new sections on the 

scope of the subpart, and the acquisition 

of approved products and services; the 

existing sections are revised and 

renumbered. This is not a significant 

regulatory action and, therefore, was not 

subject to review under Section 6(b) of 

Executive Order 12866, Regulatory 

Planning and Review, dated September 

30, 1993. This rule is not a major rule 

under 5 U.S.C. 804. 

B. Regulatory Flexibility Act 

The changes may have a significant 

economic impact on a substantial 

number of small entities within the 

meaning of the Regulatory Flexibility 

Act, 5 U.S.C. 601, et seq. HSPD–12 

requires agencies to procure PIV 

products and services that comply with 

the FIPS PUB 201 standard. NIST has 

established the NIST Personal Identity 

Verification Program (NPIVP) (http:// 

csrc.nist.gov/npivp) to validate Personal 

Identity Verification (PIV) components 

and sub-systems required by Federal 

Information Processing Standards 

Publication (FIPS PUB) 201 that meet 

the NPIVP requirements. The validation 

tests are performed by third party 

laboratories that are accredited through 

NIST’s National Voluntary Laboratory 

Accreditation Program. 

Vendors are required to obtain 

validation testing and certification from 

an accredited laboratory. The testing is 

performed on a fee basis. The number 

and extent of testing will depend on the 

nature of the product or service being 

tested. The test protocols are still under 

development. The impact on small 

entities will, therefore, be variable 

depending on the nature of the product/ 

service being validated. These standards 

and testing policies may affect small 

business concerns in terms of their 

ability to compete and win Federal 

contracts. The extent of the effect and 

impact on small business concerns is 

unknown and will vary by product and 

service due to the wide variances among 

product and service functionality and 

design. An Initial Regulatory Flexibility 

Analysis (IRFA) has been prepared. The 

analysis is summarized as follows: 

1. Description of the reasons why the 

action is being taken. 

This proposed rule amends the Federal 

Acquisition Regulation to implement the 

provisions of Homeland Security Presidential 

Directive 12 (HSPD–12) and Federal 

Information Processing Standards 

Publication Number 201 (FIPS PUB 201). 

2. Succinct statement of the objectives of, 

and legal basis for, the rule. 

The rule implements the provisions of 

HSPD–12 that require agencies to purchase 

PIV products and services that are approved 

to comply with the FIPS PUB 201 standard 

and that are interoperable among agencies. 

3. Description of and, where feasible, 

estimate of the number of small entities to 

which the rule will apply. 


sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 71, No. 163 / Wednesday, August 23, 2006 / Proposed Rules 49407 

The FAR rule requires that agencies 

acquire PIV products and services that 

comply with the FIPS PUB 201 standard. The 

impact on small entities will, therefore, vary 

depending on the approval process for 

vendor products and services. 

4. Description of projected reporting, 

recordkeeping, and other compliance 

requirements of the rule, including an 

estimate of the classes of small entities which 

will be subject to the requirement and the 

type of professional skills necessary for 

preparation of the report or record. 

The rule does not impose any new 

reporting, recordkeeping, or compliance 

requirements. 

5. Identification, to the extent practicable, 

of all relevant Federal rules which may 

duplicate, overlap, or conflict with the rule. 

The rule does not duplicate, overlap, or 

conflict with any other Federal rules. 

6. Description of any significant 

alternatives to the rule which accomplish the 

stated objectives of applicable statutes and 

which minimize any significant economic 

impact of the rule on small entities. 

There are no practical alternatives that will 

accomplish the objectives of HSPD–12. 

The FAR Secretariat has submitted a 

copy of the IRFA to the Chief Counsel 

for Advocacy of the Small Business 

Administration. A copy of the IRFA may 

be obtained from the FAR Secretariat. 

The Councils will consider comments 

from small entities concerning the 

affected FAR Part 4 in accordance with 

5 U.S.C. 610. Comments must be 

submitted separately and should cite 5 

U.S.C 601, et seq. (FAR case 2005–017), 

in correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the proposed changes 

to the FAR do not impose information 

collection requirements that require the 

approval of the Office of Management 

and Budget under 44 U.S.C. 3501, et 

seq. 

List of Subjects in 48 CFR Part 4 

Government procurement. 

Dated: August 17, 2006. 

Ralph De Stefano, 

Director, Contract Policy Division. 

Therefore, DoD, GSA, and NASA 

propose amending 48 CFR part 4 as set 

forth below: 

PART 4—ADMINISTRATIVE MATTERS 

1. The authority citation for 48 CFR 

part 4 continues to read as follows: 

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 42 U.S.C. 2473(c). 

2. Revise Subpart 4.13 to read as 

follows: 

Subpart 4.13—Personal Identity 

Verification 

Sec. 

4.1300 Scope of subpart. 

4.1301 Contractual implementation of 

personal identity verification 

requirement. 

4.1302 Acquisition of approved products 

and services for personal identity 

verification. 

4.1303 Contract clause. 

4.1300 Scope of subpart. 

This subpart provides policy and 

procedures associated with Personal 

Identity Verification as required by—

(a) Federal Information Processing 

Standards Publication (FIPS PUB) 

Number 201, ‘‘Personal Identity 

Verification of Federal Employees and 

Contractors’’; and 

(b) Office of Management and Budget 

(OMB) guidance M–05–24, dated 

August 5, 2005, ‘‘Implementation of 

Homeland Security Presidential 

Directive (HSPD) 12—Policy for a 

Common Identification Standard for 

Federal Employees and Contractors’’. 

4.1301 Contractual implementation of 

personal identity verification requirement. 

(a) Agencies must follow FIPS PUB 

201 and the associated OMB 

implementation guidance for personal 

identity verification for all affected 

contractor and subcontractor personnel 

when contract performance requires 

contractors to have physical access to a 

federally-controlled facility or access to 

a Federal information system. 

(b) Agencies must include their 

implementation of FIPS PUB 201 and 

OMB guidance M–05–24, in 

solicitations and contracts that require 

the contractor to have physical access to 

a federally-controlled facility or access 

to a Federal information system. 

(c) Agencies must designate an official 

responsible for verifying contractor 

employee personal identity. 

4.1302 Acquisition of approved products 

and services for personal identity 

verification. 

(a) In order to comply with FIPS PUB 

201, agencies must only purchase 

approved personal identity verification 

products and services. Agencies may 

acquire the approved products and 

services from the GSA, Federal Supply 

Schedule 70, Special Item Number (SIN) 

132–62, HSPD–12 Product and Service 

Components. 

(b) When acquiring personal identity 

verification products and services not 

using the process in paragraph (a) of this 

section, agencies must ensure that the 

applicable products and services are 

approved as compliant with FIPS PUB 

201 including—

(1) Certifying the products and 

services procured meet all applicable 

Federal standards and requirements; 

(2) Ensuring interoperability and 

conformance to applicable Federal 

standards for the lifecycle of the 

components; and 

(3) Maintaining a written plan for 

ensuring ongoing conformance to 

applicable Federal standards for the 

lifecycle of the components. 

4.1303 Contract clause. 

The Contracting Officer shall insert 

the clause at 52.204–9, Personal Identity 

Verification of Contractor Personnel, in 

solicitations and contracts when 

contract performance requires 

contractors to have physical access to a 

federally-controlled facility or access to 

a federally-controlled information 

system. 

[FR Doc. 06–7088 Filed 8–22–06; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 531 

[Docket No. NHTSA–2006–25593] 

Exemptions From Average Fuel 

Economy Standards; Passenger 

Automobile Average Fuel Economy 

Standards 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Proposed Decision to Grant 

Exemption. 

SUMMARY: This proposed decision 

responds to a petition filed by Spyker 

Automobielen B.V. (Spyker) requesting 

that it be exempted from the generally 

applicable average fuel economy 

standard of 27.5 miles per gallon (mpg) 

for model years 2006 and 2007, and 

that, for Spyker, lower alternative 

standards be established. In this 

document, NHTSA proposes that the 

requested exemption be granted to 

Spyker and that alternative standards of 

18.9 mpg be established for MY’s 2006 

and 2007. 

DATES: Comments on this proposed 

decision must be received on or before 

September 22, 2006. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Web site: http://dms.dot.gov. 

Follow the instructions for submitting 

comments on the DOT electronic docket 

site. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 


sroberts on PROD1PC70 with PROPOSALS