55090 Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Rules and Regulations 

measured, assigned, and allocated in 

accordance with 48 CFR 9904.413–50(c)(12); 

and 

(2) For contracts and subcontracts that are 

not subject to full coverage under the CAS, 

the amount measured, assigned, and 

allocated in accordance with 48 CFR 

9904.413–50(c)(12), except the numerator of 

the fraction at 48 CFR 9904.413–50(c)(12)(vi) 

shall be the sum of the pension plan costs 

allocated to all non-CAS covered contracts 

and subcontracts that are subject to Federal 

Acquisition Regulation (FAR) Subpart 31.2 or 

for which cost or pricing data were 

submitted. 

* * * * * 

[63 FR 58598, Oct. 30, 1998, as amended at 

68 FR 69257, Dec. 11, 2003; 69 FR 59704, 

Oct. 5, 2004; 69 FR 60967, Oct. 14, 2004] 

[FR Doc. 07–55518 Filed 9–27–07; 8:45 am] 

BILLING CODE 1505–01–D 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 1807 and 1817 

Acquisition Planning and Special 

Contracting Methods 

CFR Correction 

In Title 48 of the Code of Federal 

Regulations, Chapters 15 to 28, revised 

as of October 1, 2006, on page 185, 

reinstate section 1807.7201, and on page 

204, reinstate section 1817.7300 to read 

as follows: 

1807.7201 Definitions. 

Class of contracts means a grouping of 

acquisitions, either by dollar value or by 

the nature of supplies and services to be 

acquired. 

Contract opportunity means planned 

new contract awards exceeding $25,000. 

1817.7300 Definitions. 

(a) Down-selection. In a phased 

acquisition, the process of selecting 

contractors for later phases from among 

the preceding phase contractors. 

(b) Phased Acquisition. An 

incremental acquisition implementation 

comprised of several distinct phases 

where the realization of program/project 

objectives requires a planned, sequential 

acquisition of each phase. The phases 

may be acquired separately, in 

combination, or through a downselection strategy. 

(c) Progressive Competition. A type of 

down-selection strategy for a phased 

acquisition. In this method, a single 

solicitation is issued for all phases of 

the program. The initial phase contracts 

are awarded, and the contractors for 

subsequent phases are expected to be 

chosen through a down-selection from 

among the preceding phase contractors. 

In each phase, progressively fewer 

contracts are awarded until a single 

contractor is chosen for the final phase. 

Normally, all down-selections are 

accomplished without issuance of a 

new, formal solicitation. 

[FR Doc. 07–55517 Filed 9–27–07; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Part 171 

[Docket No. PHMSA–2005–23141 (HM–

215F)] 

RIN 2137–AE01 

Hazardous Materials: Revision and 

Reformatting of Requirements for the 

Authorization To Use International 

Transport Standards and Regulations; 

Correction 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: On May 3, 2007, PHMSA 

published a final rule to amend the 

Hazardous Materials Regulations (HMR; 

Parts 171–180) by revising and 

consolidating the requirements 

applicable to the use of the International 

Civil Aviation Organization’s Technical 

Instructions for the Safe Transport of 

Dangerous Goods by Air, the 

International Maritime Dangerous 

Goods Code, the Canadian Transport of 

Dangerous Goods Regulations, and the 

International Atomic Energy Agency 

Safety Standards Series: Regulations for 

the Safe Transport of Radioactive 

Material. This rule corrects errors in the 

final rule. 

DATES: Effective date: September 28, 

2007. 

FOR FURTHER INFORMATION CONTACT: Joan 

McIntyre or Kurt Eichenlaub, Office of 

Hazardous Materials Standards, (202) 

366–8553, Pipeline and Hazardous 

Materials Safety Administration, U.S. 

Department of Transportation, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590–0001. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 3, 2007, the Pipeline and 

Hazardous Materials Safety 

Administration (PHMSA, we) published 

a final rule under Docket No. PHMSA–

2005–23141 (HM–215F) to amend the 

Hazardous Materials Regulations (HMR; 

49 CFR Parts 171–180) by revising and 

consolidating the requirements 

applicable to the use of the International 

Civil Aviation Organization’s Technical 

Instructions for the Safe Transport of 

Dangerous Goods by Air, the 

International Maritime Dangerous 

Goods Code, the Canadian Transport of 

Dangerous Goods Regulations, and the 

International Atomic Energy Agency 

Safety Standards Series: Regulations for 

the Safe Transport of Radioactive 

Material. The final rule is effective as of 

October 1, 2007. 

The Dangerous Goods Advisory 

Council (DGAC), an organization of 

industry stakeholders, filed an appeal to 

the May 3 final rule on June 4, 2007. We 

are addressing most elements of DGAC’s 

appeal in a separate response, which 

will be included in the docket for this 

rulemaking. In the meantime, we are 

issuing this correction to address certain 

errors that DGAC identified in the text 

of the May 3 final rule. 

Correction 

The May 5 final rule added a new 

§ 171.22, which provides authorization 

and conditions for the use of 

international standards and regulations 

for the commercial transportation of 

hazardous materials to, from, or within 

the United States. Paragraph (g) of this 

section requires shipments to conform 

to applicable HMR requirements, 

including the general packaging 

requirements in §§ 173.24 and 173.24a 

and the reuse, reconditioning, and 

remanufacture requirements in § 173.28. 

The notice of proposed rulemaking 

issued under this docket on January 27, 

2006 (71 FR 4544) proposed to apply 

these requirements ‘‘for export 

shipments’’. The phrase ‘‘for export 

shipments’’ was inadvertently dropped 

from the May 3 final rule. It was not our 

intention to require compliance with 

§§ 173.24, 173.24a, or 173.28 for import 

shipments. Therefore, in this final rule, 

we are reinserting the phrase ‘‘for export 

shipments’’ in paragraphs (g)(5) and 

(g)(6) of § 173.22. 

The DGAC appeal also identifies a 

typographical error in § 171.12(a)(2). 

Use of the term ‘‘subpart’’ in 

§ 171.12(a)(2) is incorrect. This 

paragraph should read: ‘‘When the 

provisions of this subchapter require a 

DOT specification or UN standard 

packaging to be used for transporting a 

hazardous material, a packaging 

authorized by the Transport Canada 

TDG Regulations may be used, subject 

to the limitations of this part, and only 

if it is equivalent to the corresponding 

DOT specification or UN packaging (see 

§ 173.24(d)(2) of this subchapter) 

authorized by this subchapter.’’ We are 


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