Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Rules and Regulations 5243 

(c) Use of additional provisions and 

clauses. The Senior Procurement 

Executive must approve the use of a 

provision or clause that is either not: 

(1) Prescribed in the FAR or GSAR for 

use in contracts for commercial items. 

(2) Consistent with customary 

commercial practice. 

(d) In solicitations issued in 

conjunction with the policy and 

procedures in FAR part 14, Sealed 

Bidding; or FAR part 15, Contracting by 

Negotiation, include the two notices in 

paragraphs (d)(1) and (d)(2) of this 

section, except that acquisitions of 

leasehold interests in real property, 

must include only the notice in 

paragraph (d)(1) of this section. 

(1) The information collection 

requirements contained in this 

solicitation/contract are either required 

by regulation or approved by the Office 

of Management and Budget pursuant to 

the Paperwork Reduction Act and 

assigned OMB Control No. 3090–0163. 

(2) The General Services 

Administration’s hours of operation are 

8 a.m. to 4:30 p.m. Requests for 

preaward debriefings postmarked or 

otherwise submitted after 4:30 p.m. will 

be considered submitted the following 

business day. Requests for postaward 

debriefings delivered after 4:30 p.m. 

will be considered received and filed 

the following business day. 

PART 552—SOLICITATIONS 

PROVISIONS AND CONTRACT 

CLAUSES 

552.212–70 [Removed and Reserved] 

■ 3. Remove and reserve section 

552.212–70. 

552.212–73 [Removed and Reserved] 

■ 4. Remove and reserve section 

552.212–73. 

[FR Doc. 2010–2180 Filed 2–1–10; 8:45 am] 

BILLING CODE 6820–61–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

49 CFR Parts 7, 10, and 40 

[Docket No. OST–2009–0173] 

RIN 2105–AD82 

OST Technical Corrections 

AGENCY: Office of the Secretary (OST), 

Department of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: DOT is making corrections to 

amendments to a number of its 

regulations that were published in the 

Federal Register on June 12, 2008 (73 

FR 33326–30) to reflect reorganization 

of some elements of DOT and the move 

of DOT’s Headquarters site in 

Washington, DC. 

DATES: The amendments are effective 

February 2, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Robert I. Ross, Office of the General 

Counsel, C–60, Room W96–314, 

Department of Transportation, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590; telephone 202.366.9156; fax 

202.366.9170; e-mail: bob.ross@dot.gov. 

SUPPLEMENTARY INFORMATION: These 

corrections affect the following: 

1. DOT moved its Headquarters in 

Washington, DC to a new site. 

2. The Chief Information Officer has 

replaced the Assistant Secretary for 

Administration as the DOT Chief 

Privacy Officer. 

3. A mistake was made in the 

definition of ‘‘Department’’ in our 

Freedom of Information regulations. 

4. The list of exemptions in our 

Freedom of Information regulations are 

reorganized and corrected to reflect the 

transfer of motor carrier safety oversight 

from the Federal Highway 

Administration to the Federal Motor 

Carrier Safety Administration. 

Since this amendment relates to 

departmental management, 

organization, procedure, and practice, 

notice and comment are unnecessary 

under 5 U.S.C. 553(b). Further, since the 

amendment expedites the Department’s 

ability to meet the statutory intent of the 

applicable laws and regulations covered 

by this delegation, I find good cause 

under 5 U.S.C. 553(d)(3) for the final 

rule to be effective on the date of 

publication in the Federal Register. 

Regulatory Analyses and Notices 

A. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

This final rule is not considered a 

significant regulatory action under 

Executive Order 12866 and DOT 

Regulatory Policies and Procedures (44 

FR 11034). It was not reviewed by the 

Office of Management and Budget. 

There are no costs associated with this 

rule. 

B. Executive Order 13132 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13132 (‘‘Federalism’’). This final rule 

does not have a substantial direct effect 

on, or sufficient federalism implications 

for, the States, nor would it limit the 

policymaking discretion of the States. 

Therefore, the consultation 

requirements of Executive Order 13132 

do not apply. 

C. Executive Order 13175 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13175 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’). 

Because this final rule does not 

significantly or uniquely affect the 

communities of the Indian tribal 

governments and does not impose 

substantial direct compliance costs, the 

funding and consultation requirements 

of Executive Order 13175 do not apply. 

D. Regulatory Flexibility Act 

Because no notice of proposed 

rulemaking is required for this rule 

under the Administrative Procedure 

Act, 5 U.S.C. 553, the provisions of the 

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

et seq.) do not apply. We also do not 

believe this rule would impose any 

costs on small entities because it simply 

delegates authority from one official to 

another and makes other nonsubstantive 

corrections. Therefore, I certify this final 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

E. Paperwork Reduction Act 

This rule contains no information 

collection requirements under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

F. Unfunded Mandates Reform Act 

The Department of Transportation has 

determined that the requirements of 

Title II of the Unfunded Mandates 

Reform Act of 1995 do not apply to this 

rulemaking. 

List of Subjects 

49 CFR Part 7 

Freedom of information, Reporting 

and recordkeeping requirements. 

49 CFR Part 10 

Penalties, Privacy. 

49 CFR Part 40 

Administrative practice and 

procedure, Drug testing, Laboratories, 

Reporting and recordkeeping 

requirements, Safety, Transportation. 

■ For the reasons discussed in the 

preamble, Subtitle A of title 49, Code of 

Federal Regulations, is amended as 

follows: 

PART 7—PUBLIC AVAILABILITY OF 

INFORMATION 

■ 1. The authority citation for part 7 

continues to read as follows: 


erowe on DSKG8SOYB1PROD with RULES
5244 Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Rules and Regulations 

Authority: 5 U.S.C. 552; 31 U.S.C. 9701; 

49 U.S.C. 322; E.O. 12600; 3 CFR, 1987 

Comp., p. 235. 

■ 2. In Section 7.2, the introductory text 

of the definition of ‘Department’ is 

revised to read as follows: 

§ 7.2 Definitions. 

* * * * * 

Department means the Department of 

Transportation, including the Office of 

the Secretary, the Office of Inspector 

General, and the following DOT 

Operating Administrations, all of which 

may be referred to as DOT components. 

Means of contacting each of these DOT 

components appear in § 7.15. This 

definition specifically excludes the 

Surface Transportation Board, which 

has its own FOIA regulations (49 CFR 

Part 1001): 

* * * * * 

PART 10—MAINTENANCE OF AND 

ACCESS TO RECORDS PERTAINING 

TO INDIVIDUALS 

■ 3. The authority citation for part 10 

continues to read as follows: 

Authority: 5 U.S.C. 552a; 49 U.S.C. 322. 

§ 10.77 [Amended] 

■ 4. In § 10.77, paragraph (c) is amended 

by removing ‘Assistant Secretary for 

Administration’ and replacing it with 

‘Chief Information Officer’. 

■ 5. In Appendix to Part 10— 

Exemptions, paragraph A of Part II is 

amended by removing paragraphs 3. 

through 12., and adding new paragraphs 

3. through 7. to read as follows: 

Appendix to Part 10—Exemptions 

* * * * * 

Part II. Specific Exemptions 

A. * * * 

3. Federal Motor Carrier Safety 

Administration (FMCSA) Enforcement 

Management Information System, maintained 

by the Chief Counsel, FMCSA (DOT/FMCSA 

002). 

4. DOT/NHTSA Investigations of Alleged 

Misconduct or Conflict of Interest, 

maintained by the Associate Administrator 

for Administration, National Highway Traffic 

Safety Administration (DOT/NHTSA 458). 

5. Civil Aviation Security System (DOT/ 

FAA 813), maintained by the Office of Civil 

Aviation Security Policy and Planning, 

Federal Aviation Administration. 

6. Suspected Unapproved Parts (SUP) 

Program, maintained by the Federal Aviation 

Administration (DOT/FAA 852). 

7. Motor Carrier Management Information 

System (MCMIS), maintained by the Federal 

Motor Carrier Safety Administration (DOT/ 

FMCSA 001). 

* * * * * 

PART 40—PROCEDURES FOR 

TRANSPORTATION WORKPLACE 

DRUG AND ALCOHOL TESTING 

PROGRAMS 

§ 40.213 [Amended] 

■ 6. In § 40.213(a), remove the words, 

‘‘400 7th Street, SW., Room 10403’’ and 

add, in their place, the words ‘‘1200 

New Jersey Avenue, SE.’’. 

Issued under authority delegated in 49 CFR 

1.57(j) at Washington, DC, on January 19, 

2010. 

Robert S. Rivkin, 

General Counsel, Department of 

Transportation. 

[FR Doc. 2010–1657 Filed 2–1–10; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Part 192 

[Docket No. PHMSA–RSPA–2004–19854; 

Amdt. 192–113] 

RIN 2137–AE15 

Pipeline Safety: Integrity Management 

Program for Gas Distribution 

Pipelines; Correction 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: PHMSA is correcting a final 

rule that appeared in the Federal 

Register on December 4, 2009. That 

final rule amended the Federal Pipeline 

Safety Regulations to require operators 

of gas distribution pipelines to develop 

and implement integrity management 

programs. In addition to a minor 

correction in terminology, this 

document corrects an erroneous 

effective date given in the December 4 

publication. 

DATES: The effective date for the final 

rule published December 4, 2009 (74 FR 

63906), is correctly revised from 

February 2, 2010, to February 12, 2010. 

The correction to § 192.383 is effective 

February 12, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Mike Israni by phone at (202) 366–4571 

or by e-mail at Mike.Israni@dot.gov. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

E9–28467 appearing on page 63906 in 

the Federal Register of Friday, 

December 4, 2009 the following 

corrections are made: 

■ 1. On page 63906, in the first column, 

the effective date is corrected to read 

‘‘Effective Date: This Final Rule takes 

effect on February 12, 2010.’’ 

§ 192.383 [Corrected] 

■ 2. On page 63934, in the first column, 

in § 192.383: 

■ a. In paragraph (a), ‘‘natural gas’’ is 

corrected to read ‘‘gas’’ in both places it 

appears; and 

■ b. In paragraph (b), ‘‘February 2, 2010’’ 

is corrected to read ‘‘February 12, 2010.’’ 

Issued in Washington, DC, on January 28, 

2010. 

Cynthia L. Quarterman, 

Administrator. 

[FR Doc. 2010–2186 Filed 2–1–10; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 578 

[Docket No. NHTSA–2009–0066; Notice 2] 

RIN 2127–AK40 

Civil Penalties 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), DOT. 

ACTION: Final rule. 

SUMMARY: This document increases the 

maximum civil penalty amounts for 

violations of motor vehicle safety 

requirements involving school buses, 

bumper standards, consumer 

information requirements, odometer 

tampering and disclosure requirements, 

and vehicle theft protection 

requirements. This action is taken 

pursuant to the Federal Civil Monetary 

Penalty Inflation Adjustment Act of 

1990, as amended by the Debt 

Collection Improvement Act of 1996. 

DATES: This final rule is effective March 

4, 2010. 

ADDRESSES: Petitions for reconsideration 

should refer to the docket number and 

be submitted to: Administrator, National 

Highway Traffic Safety Administration, 

1200 New Jersey Avenue, SE., West 

Building, Fourth Floor, Washington, DC 

20590, with a copy to the DOT docket. 

Copies to the docket may be submitted 

electronically [identified by DOT Docket 

ID Number NHTSA–2009–0066] by 

visiting the following Web site. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 


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