Federal Register / Vol. 73, No. 59 / Wednesday, March 26, 2008 / Proposed Rules 15963 

addresses the current needs of the 

acquisition community or whether 

providing standard provisions and/or 

clauses, or a set of such standard 

provisions and clauses, might be 

beneficial. A review of agency-specific 

guidance on OCI’s may reveal useful 

language, tools, and/or training that 

might be beneficial if expanded 

Governmentwide. The Councils also 

believe a review of current available 

training to contracting officers on the 

identification and mitigation of OCIs is 

necessary and should be included, with 

a gap analysis and recommendations. 

4. The Acquisition Advisory Panel 

(AAP) was chartered by the Congress at 

Section 1423 of the Services Acquisition 

Reform Act (SARA). Relevant portions 

of the final report of the AAP are located 

on the Web at http://acquisition.gov/ 

comp/aap/documents/Chapter6.pdf. 

The Acquisition Advisory Panel (AAP) 

found that ‘‘the use of contractor 

employees to perform functions 

previously performed by Government 

employees combined with consolidation 

in many sectors of the contractor 

community has increased the potential 

for organizational conflicts of interest’’

(AAP Final Report, Chapter 6, Finding 

6, page 417). The nature of the blended 

or multisector workforce could 

potentially distort previously clear 

distinctions between Government 

employees and private-sector 

employees, who often are working sideby-side, and may add complexity to the 

business ethics landscape for which the 

acquisition community needs updated 

guidance. 

5. Two recent FAR cases, 2006–007 

and 2007–006, have expanded, or 

proposed to expand, general business 

ethics coverage and requirements in the 

FAR with respect to contractor entities. 

The former case was published as a final 

rule at 72 FR 65873, November 23, 2007, 

with an effective date of December 24, 

2007. It requires employers to post 

Inspector General (IG) Hotline posters in 

their places of business, to have a 

written code of business ethics, and, 

with the exception of small businesses, 

to have a formal business ethics training 

program and internal control system. 

The latter case was published as a 

proposed rule at 72 FR 64019, 

November 14, 2007, whose comment 

period closed on January 14, 2008. The 

Councils are now reviewing the 

comments received. FAR Case 2007–006 

proposes additional mandatory 

requirements for the business ethics 

programs. For example, contractors that 

do not timely report violations of law in 

connection with a Government contract 

or subcontract may be subject to 

suspension or debarment. 

6. Other Government agencies’

approaches are located at the following 

Web sites: 

AGENCY FOR INTERNATIONAL 

DEVELOPMENT — Organizational 

conflicts of interest discovered after 

award: Section 752.209–71 located at 

http://www.access.gpo.gov/nara/cfr/ 

waisidxl07/48cfr752l07.html. 

DEPARTMENT OF EDUCATION —

Organizational conflicts of interest: 

Section 3452.209–70 located at http:// 

www.access.gpo.gov/nara/cfr/ 

waisidxl07/48cfr3452l07.html. 

DEPARTMENT OF ENERGY —

Organizational conflicts of interest: 

Subpart 909.5 located at http:// 

www.access.gpo.gov/nara/cfr/ 

waisidxl07/48cfr909l07.html; and 

sections 952.209–8 and 952.209–72 

located at http://www.access.gpo.gov/ 

nara/cfr/waisidxl07/ 

48cfr952l07.html. 

DEPARTMENT OF HOMELAND 

SECURITY — Organizational conflicts 

of interest: Sections 3052.209–72 and 

3052.209–73 located at http:// 

www.access.gpo.gov/nara/cfr/ 

waisidxl07/48cfr3052l07.html. 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT —

Organizational conflicts of interest: 

Sections 2452.209–70 thru 2452.209–72 

located at http://www.access.gpo.gov/ 

nara/cfr/waisidxl07/ 

48cfr2452l07.html. 

DEPARTMENT OF VETERANS 

AFFAIRS — Organizational conflict of 

interest: Subpart 809.5 located at http:// 

www.access.gpo.gov/nara/cfr/ 

waisidxl07/48cfr809l07.html; and 

section 852.209–70 located at http:// 

www.access.gpo.gov/nara/cfr/ 

waisidxl07/48cfr852l07.html. 

ENVIRONMENTAL PROTECTION 

AGENCY — Organizational conflicts of 

interest: Subpart 1509.5 located at 

http://www.access.gpo.gov/nara/cfr/

waisidxl07/48cfr1509l07.html; and 

sections 1552.209–70 thru 1552.209–75 

located at http://www.access.gpo.gov/

nara/cfr/waisidxl07/

48cfr1552l07.html. 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION —

Organizational conflict of interest —

Limitation on future contracting: 

Section 1852.209–71 located at http:// 

www.access.gpo.gov/nara/cfr/

waisidxl07/48cfr1852l07.html. 

NUCLEAR REGULATORY 

COMMISSION — Organizational 

conflicts of interest: Subpart 2009.5 

located at http://www.access.gpo.gov/

nara/cfr/waisidxl07/

48cfr2009l07.html; and sections 

2052.209–71 and 2052.209–72 located at 

http://www.access.gpo.gov/nara/cfr/

waisidxl07/48cfr2052l07.html. 

B. Solicitation of Public Comment 

The Councils are seeking comments 

on whether additional coverage in this 

area is needed, the suitability of 

expanding Governmentwide one or a 

combination of the agencies’

approaches, and whether expanded 

coverage would enhance the integrity of 

the Government’s decision-making 

processes. 

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. 

Dated: March 19, 2008. 

Al Matera, 

Director, Acquisition Policy Division. 

[FR Doc. E8–6096 Filed 3–25–08; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. 2007–0048] 

RIN 2127–AJ44, RIN 2127–AJ49 

Federal Motor Vehicle Safety 

Standards, Child Restraint Systems; 

Anthropomorphic Test Devices 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation. 

ACTION: Reopening of comment period. 

SUMMARY: This document reopens the 

comment period on a supplemental 

notice of proposed rulemaking (SNPRM) 

to amend Federal Motor Vehicle Safety 

Standard (FMVSS) No. 213, ‘‘Child 

Restraint Systems.’’ Among other things, 

the SNPRM proposed to specify 

procedures the agency would use to 

position a Hybrid III 10-year-old child 

dummy and a Hybrid III 6-year-old 

child dummy in booster seats when 

conducting FMVSS No. 213 compliance 

tests. Comments on the SNPRM were 

due March 24, 2008. The Juvenile 

Products Manufacturers Association 

(JPMA) petitioned NHTSA to extend the 

comment period by a minimum of 60 

days to appropriately respond with 

comments to the notice. We have 

granted the request to extend the 

comment period and are reopening the 

comment period for 45 days. 

DATES: Comments must be received by 

May 12, 2008. 

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15964 Federal Register / Vol. 73, No. 59 / Wednesday, March 26, 2008 / Proposed Rules 

1The agency also issued an NPRM that proposed 

to adopt specifications and performance 

requirements for the HIII 10-year-old child test 

dummy into 49 CFR Part 572 (notice of proposed 

rulemaking published July 13, 2005, 70 FR 40281; 

Docket No. NHTSA 2004–2005–21247). 

ADDRESSES: You may submit comments 

(identified by the Docket ID Number 

above) by any of the following methods: 

• Federal eRulemaking Portal: Go to 

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

online instructions for submitting 

comments. 

• Mail: Docket Management Facility: 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., between 

9 a.m. and 5 p.m. ET, Monday through 

Friday, except Federal holidays. 

• Fax: 202–493–2251. 

Instructions: For detailed instructions 

on submitting comments and additional 

information on the rulemaking process, 

see the Submission of Comments 

heading of the SNPRM published 

January 23, 2008. Note that all 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading below. 

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 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78). 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov or the street 

address listed above. Follow the online 

instructions for accessing the dockets. 

FOR FURTHER INFORMATION CONTACT: For 

technical issues, you may call Dr. Roger 

Saul, Office of Rulemaking (Telephone: 

202–366–1740) (Fax: 202–493–2990). 

For legal issues, you may call Ms. 

Deirdre Fujita, Office of Chief Counsel 

(Telephone: 202–366–2992) (Fax: 202–

366–3820). You may send mail to these 

officials at the National Highway Traffic 

Safety Administration, U.S. Department 

of Transportation, 1200 New Jersey 

Avenue, SE., West Building, 

Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: On 

January 23, 2008, NHTSA published an 

SNPRM that, among other things, 

proposed seating procedures for 

positioning the Hybrid III (HIII) 10-yearold child dummy and the HIII 6-yearold child dummy in booster seats when 

the dummies are used in FMVSS No. 

213 compliance tests (73 FR 3901; 

Docket No. 2007–0048). The SNPRM 

supplemented a notice of proposed 

rulemaking (NPRM) published on 

August 31, 2005 that proposed to 

expand the applicability of FMVSS No. 

213 to restraints recommended for 

children weighing up to 80 pounds, and 

require booster seats and other child 

restraints produced for older children to 

meet performance criteria when tested 

with the HIII 10-year-old child test 

dummy (70 FR 51720; DMS Docket No. 

21245).1 The SNPRM provided a 60-day 

comment period, which ended March 

24, 2008. 

On March 20, 2008, JPMA petitioned 

NHTSA to extend the comment period 

by a minimum of 60 days in order to 

provide more time to thoroughly 

evaluate the seating procedures 

proposed to position the HIII 10-yearold and 6-year-old child dummies in 

booster seats. JPMA noted that CRS 

manufacturers do not have immediate 

access to the HIII 10-year-old child 

dummy, and with additional time will 

be able to obtain the HIII 10-year-old 

child dummy and gain familiarity with 

the seating procedures. JPMA believes 

that extending the comment period by a 

minimum of 60 days will provide 

enough time to complete ongoing testing 

and evaluation of the new seating 

procedures, which will in turn lead to 

more meaningful responses based on 

real experience and test data. 

Agency Decision 

The agency is reopening the comment 

period for the January 23, 2008 SNPRM 

for 45 days in order to balance the 

interest of receiving meaningful 

responses and relevant test data with 

the interest of completing the 

rulemaking as soon as possible. The 

JPMA petition indicated that CRS 

manufacturers are already involved in 

activities to test and evaluate the seating 

procedure. Because these efforts have 

already begun, we believe a 45-day 

comment period should provide 

commenters sufficient time to obtain the 

HIII 10-year-old child dummy, evaluate 

the seating procedures for the two child 

dummies, and gain experience using the 

test dummies in sled testing of booster 

seats. It is further noted that the agency 

will consider comments submitted after 

the 45-day period to the extent possible. 

(Authority: 49 U.S.C. 322, 30111, 30115, 

30117 and 30166; delegation of authority at 

49 CFR 1.50.) 

Issued on March 21, 2008. 

Roger A. Saul, 

Director, Office of Crashworthiness 

Standards. 

[FR Doc. 08–1072 Filed 3–21–08; 12:20 pm] 

BILLING CODE 4910–59–P 

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