Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / Rules and Regulations 23505 

■ 2. Section 207.170–2 definition of 

‘‘Multiple award contract’’ is amended 

by revising paragraphs (1) and (2) to 

read as follows: 

207.170–2 Definitions. 

* * * * * 

Multiple-award contract means— 

(1) A multiple-award schedule 

contract issued by the General Services 

Administration or Department of 

Veterans Affairs as described in FAR 

subpart 8.4; 

(2) A multiple award task-order or 

delivery-order contract issued in 

accordance with FAR subpart 16.5; or 

* * * * * 

[FR Doc. 2011–10087 Filed 4–26–11; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 232 

RIN 0750–AH19 

Defense Federal Acquisition 

Regulation Supplement; Accelerate 

Small Business Payments (DFARS 

Case 2011–D008) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Interim rule with request for 

comments. 

SUMMARY: DoD is issuing an interim rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to accelerate payments to all 

small business concerns. 

DATES: The interim rule is effective 

April 27, 2011. Comments on the 

interim rule should be submitted in 

writing to the address shown below on 

or before June 27, 2011, to be considered 

in the formation of the final rule. 

ADDRESSES: Submit comments, 

identified by DFARS Case 2011–D008, 

using any of the following methods: 

Æ Regulations.gov: http:// 

www.regulations.gov. 

Submit comments via the Federal 

eRulemaking portal by inputting 

‘‘DFARS Case 2011–D008’’ under the 

heading ‘‘Enter keyword or ID’’ and 

selecting ‘‘Search.’’ Select the link 

‘‘Submit a Comment’’ that corresponds 

with ‘‘DFARS Case 2011–D008.’’ Follow 

the instructions provided at the ‘‘Submit 

a Comment’’ screen. Please include your 

name, company name (if any), and 

‘‘DFARS Case 2011–D008’’ on your 

attached document. 

Æ E-mail: dfars@osd.mil. Include 

DFARS Case 2011–D008 in the subject 

line of the message. 

Æ Fax: 703–602–0350. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Ms. Lee 

Renna, OUSD (AT&L) DPAP/DARS, 

Room 3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Comments received generally will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. To 

confirm receipt of your comment(s), 

please check http://www.regulations.gov 

approximately two to three days after 

submission to verify posting (except 

allow 30 days for posting of comments 

submitted by mail). Follow the 

instructions for submitting comments. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lee Renna, 703–602–0764. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is amending the DFARS to 

accelerate payments for all small 

business concerns. Currently, DoD 

assists small disadvantaged business 

concerns by paying them as quickly as 

possible after invoices are received and 

before the normal payment due dates 

established in the contract. This interim 

rule removes the term ‘‘disadvantaged’’ 

from the language at DFARS 232.903 

and DFARS 232.906(a)(ii), thereby 

extending this payment policy 

uniformly to all small business 

concerns. 

II. Executive Order 12866 and 

Executive Order 13563 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. 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. 

III. Regulatory Flexibility Act 

DoD expects this rule to have a 

significant positive economic impact on 

all small entities within the meaning of 

the Regulatory Flexibility Act, 5 U.S.C. 

601, et seq., because it extends 

accelerated payments to all small 

business concerns. An initial regulatory 

flexibility analysis has been completed 

and is summarized as follows: 

This interim rule revises DFARS 

232.903 and 232.906(a)(ii) to allow 

accelerated payments to all small 

business concerns. This rule allows DoD 

to exercise greater flexibility offered by 

5 CFR 1315.5 and FAR 32.903 which 

permit the use of accelerated payment 

procedures for small business concerns. 

Analysis of the Federal Procurement 

Data System indicates that 

approximately 60,000 small businesses 

had active contracts in Fiscal Year 2010. 

It is reasonable to assume a similar 

number of small businesses will be 

positively affected by the use of 

accelerated payment procedures. 

There are no information collection 

requirements associated with this rule. 

This rule does not duplicate, overlap, or 

conflict with any other Federal rules. 

The desired outcome is best achieved 

by the implementation of the rule as 

stated herein and there are no other 

alternatives available to achieve the 

desired outcome. This rule is expected 

to have a positive impact on small 

entities. 

DoD invites comments from small 

business concerns and other interested 

parties on the expected impact of this 

rule on small entities. 

DoD will also consider comments 

from small entities concerning the 

existing regulations in subparts affected 

by this rule in accordance with 5 U.S.C. 

610. Interested parties must submit such 

comments separately and should cite 5 

U.S.C. 610 (DFARS Case 2011–D008) in 

correspondence. 

IV. Paperwork Reduction Act 

This final rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Burden Act (44 U.S.C. 

chapter 35). 

V. Determination to Issue an Interim 

Rule 

A determination has been made under 

the authority of the Secretary of Defense 

(DoD) that urgent and compelling 

circumstances exist to promulgate this 

interim rule without prior opportunity 

for public comments pursuant to 41 

U.S.C. 1707 and FAR 1.501–3(b). This 

action is necessary to ensure DoD 

implements cash flow improvements for 

small business firms as quickly as 

possible. Accelerating payments is a 

way to boost the financial health of 

small businesses. At present, the 

authority to accelerate payments at 

DFARS 232.903 and 232.906 is limited 

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23506 Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / Rules and Regulations 

1See 60 FR 54833 October 26, 1995. 

2See 63 FR 68233 December 10, 1998. 

3See 62 FR 8883 February 27, 1997. 

4See 69 FR 48805 August 11, 2004. 

5 Dual dimension (80 in) has not been added 

because it does not appear in the regulation text 

S5.3.2(b) which is the primary area of interest for 

this background. 

to small disadvantaged business. 

Implementation of the interim rule will 

expand that authority to the entire 

community of DoD’s small business 

suppliers. However, DoD will consider 

public comments received in response 

to this interim rule in the formation of 

the final rule. 

List of Subjects in 48 CFR Part 232 

Government procurement. 

Mary Overstreet, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 232 is 

amended as follows: 

PART 232—CONTRACT FINANCING 

■ 1. The authority citation for 48 CFR 

part 232 continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

■ 2. Revise section 232.903 to read as 

follows: 

232.903 Responsibilities. 

DoD policy is to assist small business 

concerns by paying them as quickly as 

possible after invoices and all proper 

documentation, including acceptance, 

are received and before normal payment 

due dates established in the contract 

(see 232.906(a)). 

232.906 (Amended) 

■ 3. Amend section 232.906(a)(ii) by 

removing the word ‘‘disadvantaged’’. 

[FR Doc. 2011–10094 Filed 4–26–11; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA–2004–18794] 

RIN 2127–AK85 

Federal Motor Vehicle Safety 

Standards No. 108; Lamp, Reflective 

Devices and Associated Equipment 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), DOT. 

ACTION: Final rule; response to petitions 

for reconsideration. 

SUMMARY: This document responds to 

seven petitions for reconsideration 

submitted regarding our August 2004 

final rule that amended the Federal 

motor vehicle safety standard on lamps, 

reflective devices, and associated 

equipment. After careful review of the 

petitions, we are revising certain 

requirements of the standard pertaining 

to the visibility of lamps mounted on 

motorcycles to increase the 

compatibility of our visibility 

requirements with those of theUnited 

Nations Economic Commission for 

Europe (ECE R53). We are otherwise 

denying the petitions. 

DATES: Effective date: The final rule is 

effective May 27, 2011 except for the 

revision at instruction number 3, which 

is effective December 1, 2012. Petitions 

for reconsideration of the final rule must 

be received not later than June 13, 2011. 

ADDRESSES: Any petitions for 

reconsideration should refer to the 

docket number of this document and be 

submitted to: Administrator, National 

Highway Traffic Safety Administration, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building, 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: For 

non-legal issues, you may call Mr. 

Markus Price, Office of Crash Avoidance 

Standards (Phone: 202–366–0098; FAX: 

202–366–7002). 

For legal issues, you may call Mr. 

Thomas Healy, 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. Petitions for Reconsideration 

III. Agency Analysis and Decision 

IV. Effective Dates and Compliance Dates 

V. Conclusion 

VI. Rulemaking Analyses and Notices 

I. Background 

The National Highway Traffic Safety 

Administration (NHTSA) issued a 

Notice of Proposed Rulemaking (NPRM) 

in 1995 to address a petition from the 

Groupe de Travail Working Party 

‘‘Brussels 1952’’ (GTB).1 The petitioner 

asked the agency to harmonize the U.S. 

visibility requirements with the United 

Nations Economic Commission for 

Europe (UNECE or ECE) requirements. 

As a result, the agency published a 

proposal that included several aspects 

of harmonization including visibility of 

reflex reflectors (front side, rear, rear 

side, intermediate), side markers (front, 

rear, intermediate), front turn, rear turn, 

stop, front parking, tail, rear fog, high 

mount stop, and daytime running 

lamps. In addition, the agency requested 

comments on allowing amber rear side 

markers and regulating front and rear 

fog lamps. 

In response to comments received, the 

agency followed the NPRM with a 

Supplementary Notice of Proposed 

Rulemaking (SNPRM) 2 in 1998 that 

limited the scope to only visibility and 

terminated proposed rulemaking that 

would allow an option of providing 

amber rear side marker lamps and 

reflectors. The SNPRM proposed using 

either Society of Automotive Engineers 

(SAE) or ECE derived visibility 

requirements. In a separate notice, the 

issue of regulating front and rear fog 

lamps was also terminated.3

In 2004, NHTSA published a final 

rule 4 that was based on the UNECE 

derived visibility requirements. 

Regarding the method of certification, 

the final rule stated the visibility 

requirements could be satisfied by 

meeting a minimum visible area or by 

a minimum photometric intensity. The 

final rule set a compliance date of 

September 1, 2011 for vehicles that are 

less than 2032 mm in overall width, and 

September 1, 2014 for vehicles that are 

2032 mm or more in overall width.5

II. Petitions for Reconsideration 

Seven petitions for reconsideration 

were received from automotive 

manufacturers, lighting suppliers, and 

motorcycle manufacturers. Petitions for 

reconsideration were received from the 

Motor and Equipment Manufacturers 

Association (MEMA), the Alliance of 

Automobile Manufacturers (AAM), 

General Motors (GM), Sierra Products, 

North American Lighting (NAL), Harley 

Davidson, and the Motorcycle Industry 

Council (MIC). Among the seven 

petitions, six issues were raised that 

requested reconsideration of the final 

rule. In addition, there were also several 

requests, which could be characterized 

as clarifications, related to the final rule 

that did not specifically request a rule 

change. Finally, several general 

questions were received that are related 

to FMVSS No. 108 but which are not 

directly related to the final rule. These 

items are all summarized below. 

1. Issue Regarding Harmonization of 

FMVSS No. 108 With ECE Regulation 

No. 53 (ECE R53) for Vehicles With Less 

Than 4 Wheels 

Two petitions for reconsideration 

were received regarding the visibility 

requirements of motorcycles from 

WReier-Aviles on DSKGBLS3C1PROD with RULES