27710 Federal Register / Vol. 60, No. 101 / Thursday, May 25, 1995 / Proposed Rules

AML–MO–100). Missouri proposes

revisions to and additional explanatory

information for (1) RSMo 444.915.3(3),

pertaining to the reclamation of

insolvent surety coal sites, (2) 10 CSR

40–9.020(1)(D) and (E), pertaining to

priorities of eligible coal lands and

waters for reclamation and

reimbursement for the cost of

reclamation, and (3) Section

884.13(D)(4) of the AML State

Reclamation Plan, pertaining to the use

of AML State-share funds to establish a

future set-aside program in Missouri.

IV. Public Comment Procedures

OSM is reopening the comment

period on the proposed Missouri plan

amendment to provide the public an

opportunity to reconsider the adequacy

of the proposed amendment in light of

the additional materials submitted. In

accordance with the provisions of 30

CFR 884.14 AND 884.15(a), OSM is

seeking comments on whether the

proposed amendment satisfies the

applicable plan approval criteria of 30

CFR 884.14. If the amendment is

deemed adequate, it will become part of

the Missouri plan.

Written comments should be specific,

pertain only to the issues proposed in

this rulemaking, and include

explanations in support of the

commenter’s recommendations.

Comments received after the time

indicated under ‘‘DATES’’ or at

locations other than the Kansas City

Field Office will not necessarily be

considered in the final rulemaking or

included in the administrative record.

V. Procedural Determinations

1. Executive Order 12866

This rule is exempted from review by

the Office of Management and Budget

(OMB) under Executive Order 12866

(Regulatory Planning and Review).

2. Executive Order 12778

The Department of the Interior has

conducted the reviews required by

section 2 of Executive Order 12778

(Civil Justice Reform) and has

determined that this rule meets the

applicable standards of subsections (a)

and (b) of that section. However, these

standards are not applicable to the

actual language of State AMLR plans

and revisions thereof since each such

plan is drafted and promulgated by a

specific State, not by OSM. Decisions on

proposed State AMLR plans and

revisions thereof submitted by a State

are based on a determination of whether

the submittal meets the requirements of

Title IV of SMCRA (30 U.S.C. 1231–

1243) and the applicable Federal

regulations at 30 CFR Parts 884 and 888.

3. National Environmental Policy Act

No environmental impact statement is

required for this rule since agency

decisions on proposed State AMLR

plans and revisions thereof are

categorically excluded from compliance

with the National Environmental Policy

Act (42 U.S.C. 4332) by the Manual of

the Department of the Interior (516 DM

6, appendix 8, paragraph 8.4B(29)).

4. Paperwork Reduction Act

This rule does not contain

information collection requirements that

require approval by OMB under the

Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

5. Regulatory Flexibility Act

The Department of the Interior has

determined that this rule will not have

a significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). The State submittal

which is the subject of this rule is based

upon Federal regulations for which an

economic analysis was prepared and

certification made that such regulations

would not have a significant economic

effect upon a substantial number of

small entities. Accordingly, this rule

will ensure that existing requirements

established by SMCRA or previously

promulgated by OSM will be

implemented by the State. In making the

determination as to whether this rule

would have as significant economic

impact, the Department relied upon the

data and assumptions in the analyses for

the corresponding Federal regulations.

List of Subjects in 30 CFR Part 925

Intergovernmental relations, Surface

mining, Underground mining.

Dated: May 19, 1995.

Nancy L. Shaw,

Acting Regional Director, Mid-Continent

Regional Coordinating Center.

[FR Doc. 95–12881 Filed 5–24–95; 8:45 am]

BILLING CODE 4310–05M

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 1803, 1815, and 1852

Addition of Coverage to NASA FAR

Supplement on NASA Ombudsman

Program

AGENCY: Office of Procurement, National

Aeronautics and Space Administration

(NASA).

ACTION: Notice of proposed rulemaking.

SUMMARY: To improve communications

with interested parties, NASA plans to

establish an Ombudsman Program. This

rule sets forth a clause for identification

of the NASA and installation

ombudsmen to be included in

solicitations and contracts. The clause is

also to serve as the basis for a statement

to be included in ‘‘Commerce Business

Daily’’ announcements. In addition, the

rule amends NASA’s coverage on

procurement integrity to include the

NASA and installation ombudsmen as

individuals authorized access to

proprietary and source selection

information.

DATES: Comments must be received on

or before July 24, 1995.

ADDRESSES: Submit comments to Mr.

Joseph Le Cren, Analysis Division (Code

HC), Office of Procurement, NASA

Headquarters, Washington, DC 20546.

FOR FURTHER INFORMATION CONTACT:

Mr. Joseph Le Cren, (202) 358–0444.

SUPPLEMENTARY INFORMATION:

Background

In order to improve communications

with interested parties (offerors,

potential offerors, contractors), and to

facilitate the resolution of concerns in

an informal manner, NASA plans to

establish an Ombudsman Program. In

addition, section 1004(a) of the Federal

Acquisition Streamlining Act of 1994,

Public Law 103–355, enacted October

13, 1994, requires NASA, under 10

U.S.C. 2304c(e), to appoint a task and

delivery order ombudsman where

multiple task or delivery order contracts

are made. In order to accomplish these

things, a NASA Management Instruction

has been developed to establish the

NASA Ombudsman Program. It is also

necessary to amend the NASA FAR

Supplement to include a clause to notify

offerors, potential offerors, contractors,

and industry representatives of the

purpose of the NASA Ombudsman

Program and to provide the names and

telephone numbers of the agency and

applicable installation ombudsmen. The

rule also proposes to amend the current

NASA FAR Supplement coverage on

procurement integrity to include the

NASA and installation ombudsmen as

individuals authorized access to

proprietary and source selection

information, as needed, to carry out

their duties.

Impact

NASA certifies that this regulation

will not have a significant economic

impact on a substantial number of small

entities under the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.) This rule does

not impose any reporting or
Federal Register / Vol. 60, No. 101 / Thursday, May 25, 1995 / Proposed Rules 27711

1The Federal Motor Carrier Safety Regulations

(FMCSR) issued by the Federal Highway

Administration (FHWA) specify that ‘‘Adjustable

axle assemblies shall not have locking pins missing

or disengaged.’’ 49 CFR 393.207.

recordkeeping requirements subject to

the Paperwork Reduction Act.

List of Subjects in 48 CFR Parts 1803,

1815 and 1852

Government procurement.

Deidre A. Lee,

Associate Administrator for Procurement.

Accordingly, 48 CFR Parts 1803, 1815

and 1852 are proposed to be amended

as follows:

PART 1803—IMPROPER BUSINESS

PRACTICES AND PERSONAL

CONFLICTS OF INTEREST

1. The authority citation for 48 CFR

Parts 1803, 1815 and 1852 continue to

read as follows:

Authority: 42 U.S.C. 2473(c)(1).

2. In section 1803.104–5, the

introductory text of paragraph (c) is

revised and paragraph (c)(11) is added

to read as follows:

1803.104–5 Disclosure, protection, and

marking of proprietary and source selection

information.

* * * * *

(c) Government employees serving in

the following positions are authorized

access to proprietary or source selection

information, but only to the extent

necessary to perform their official

duties:

* * * * *

(11) Duly designated ombudsman.

* * * * *

PART 1815—CONTRACTING BY

NEGOTIATION

3. Subpart 1815.70 is added to read as

follows:

Subpart 1815.70—Ombudsman

1815.7001 NASA Ombudsman Program.

1815.7002 Commerce Business Daily

announcements, solicitations and

contracts.

* * * * *

Subpart 1815.70—Ombudsman

1815.7001 NASA Ombudsman Program.

NASA’s implementation of an

ombudsman program is in NMI

1210.XX, NASA Ombudsman Program.

1815.7002 Commerce Business Daily

announcements, solicitations and

contracts.

The contracting officer shall include a

statement similar to that contained in

the clause at 1852.215–84, Ombudsman,

in Commerce Business Daily

announcements of competitive

procurements. Also, a clause

substantially the same as the one at

1852.215–84 shall be included in

Section L of solicitations, including

draft solicitations, and in all contracts.

3. Section 1852.215-84 is added to

read as follows:

1852.215–84 Ombudsman.

As prescribed in 1815.7002, insert the

following clause:

Ombudsman

(XXX 1995)

An ombudsman has been appointed to hear

concerns from offerors, potential offerors,

and contractors during the preaward and

postaward phases of this acquisition. The

purpose of the ombudsman is not to diminish

the authority of the contracting officer, the

Source Selection Board, or the selection

official, but to communicate concerns, issues,

disagreements, and recommendations of

interested parties to the appropriate

Government personnel and to work to resolve

them. When requested, the ombudsman will

maintain strict confidentiality as to the

source of the concern. The ombudsman does

not participate in the evaluation of proposals,

the source selection process, or the

arbitration of formal contract disputes.

Interested parties are invited to call the

installation ombudsman llllllll

[Insert name] at llllllll [Insert

telephone number]. Concerns, issues,

disagreements, and recommendations which

cannot be resolved at the installation may be

referred to the NASA ombudsman

llllllll [Insert name] at

llllllll [Insert telephone number].

(End of Clause)

[FR Doc. 95–12776 Filed 5–24–95; 8:45 am]

BILLING CODE 7510–01–M

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 571

Air Brake Systems; Denial of Petition

for Rulemaking

AGENCY: National Highway Traffic

Safety Administration.

ACTION: Denial of petition for

rulemaking.

SUMMARY: This notice denies a petition

for rulemaking, submitted by Rocky

Mountain Technology Engineering

Corporation, to require that all air

braked trailers using adjustable axles be

equipped with an automatic pneumatic

locking device. According to the

petitioner, its device will ensure that the

adjustable axles are automatically

locked in place while the vehicle is in

motion. It will help prevent back

injuries now reportedly resulting from

the misuse of manual systems. After

conducting its review, the agency has

determined that the petition should not

be granted because measures designed

to prevent back injuries and the

unintended movement of adjustable

axles do not raise significant safety

problems.

FOR FURTHER INFORMATION CONTACT: Mr.

Richard Carter, Office of Vehicle Safety

Standards, National Highway Traffic

Safety Administration, 400 Seventh

Street, SW., Washington, DC 20590,

(202) 366–65274.

SUPPLEMENTARY INFORMATION: Federal

Motor Vehicle Safety Standard (FMVSS)

No. 121, Air Brake Systems (49 CFR

571.121), establishes performance

requirements for braking systems on

vehicles equipped with air brakes. The

purpose of the standard is to ensure safe

braking performance under normal and

emergency braking conditions.

Neither FMVSS No. 121 nor any other

FMVSS presently addresses the locking

of adjustable axles on trailers.1 Such

adjustable axles are also referred to as

slider axles. Adjustable axles can move

backward and forward on semi-trailers.

Such adjustability allows the axles to be

moved so as to balance the loading on

the various axles of the trailer. In this

way, users of semi-trailers can avoid

exceeding the weight limit on each axle.

The adjustability also allows the

distance between the coupling and the

rear axle to be limited in order to

improve trailer mobility. Currently,

most adjustable axles incorporate a

mechanical system for locking the axles

in place.

On September 30, 1994, Mr. Larry

Wessels, the president of Rocky

Mountain Technology Engineering

Corporation (Rocky Mountain),

submitted a petition for rulemaking

requesting that FMVSS No. 121 be

amended to require semitrailers with

adjustable axles to be equipped with an

automatic pneumatic locking system.

Such a system would be joined to the

air brake system and would allow

automatic retraction of the locking pins,

provided that the parking spring brakes

have been set. A video tape

accompanying the petition highlighted

two principle differences between

present adjustable axle systems and the

one described by the petitioner. First,

Rocky Mountain’s device uses four

locking pins instead of two. Second, its

device engages automatically through

the use of air pressure, rather than

manually through the use of lever arms.

The petitioner contended that its device

would replace manual locking systems,

which it claimed fail more readily and

frequently result in back injuries when