22010 Federal Register / Vol. 61, No. 93 / Monday, May 13, 1996 / Proposed Rules

6. In order to facilitate development of

the best possible record within existing

constraints, we stress the need for

interested parties to present their

positions fully in their initial comments.

We emphasize that the purpose of reply

comments is to permit parties to

respond to the original comments. 47

CFR § 1.415(c).

7. Accordingly, it is ordered that the

motion for extension of time and for

waiver of page limits filed by GTE

Service Corporation is granted to the

extent indicated above and otherwise

denied.

8. It is further ordered that the request

for extension of time filed by the

Consumer Federation of America is

denied.

Federal Communications Commission.

Regina M. Keeney,

Chief, Common Carrier Bureau.

[FR Doc. 96–11965 Filed 5–10–96; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Chapters 1 and 2

[FAR Case 96–308]

Federal Acquisition Regulation;

Implementation of Commercially

Available Off-the-Shelf Item

Acquisition Provisions of the Federal

Acquisition Reform Act

AGENCIES: Department of Defense,

General Services Administration, and

National Aeronautics and Space

Administration.

ACTION: Advance notice of proposed

rulemaking.

SUMMARY: The Federal Acquisition

Regulatory Council is soliciting

comments regarding the implementation

of section 4203 of the Federal

Acquisition Reform Act (Pub. L. 104–

106) (the Act) with respect to

Commercially Available Off-the-Shelf

Item Acquisitions. The Act requires the

FAR to list provisions of law that are

inapplicable to contracts for the

acquisition of commercially available

off-the-shelf items. Certain laws have

already been determined to be

inapplicable to all commercial items as

a result of the implementation of the

Federal Acquisition Streamlining Act of

1994 (see FAR 12.503). The additional

provisions of law that could be

determined inapplicable to

commercially available off-the-shelf

items are listed under

SUPPLEMENTARY INFORMATION below.

DATES: Comments should be submitted

to the address shown below by June 28,

1996.

ADDRESSES: Interested parties should

submit comments to the FAR

Secretariat, General Services

Administration, 18th and F Sts. NW,

Washington, DC 20405. Please cite FAR

Case 96–308.

FOR FURTHER INFORMATION CONTACT: FAR

Secretariat, (202) 501–4755.

SUPPLEMENTARY INFORMATION: 15 U.S.C.

637(d) (2) and (3), Utilization of Small

Business Concerns (see 52.219–8); 15

U.S.C. 637(d)(4), Small Business

Subcontracting Plan (see 52.219–9); 15

U.S.C. 637(a)(14), Limitation on

Subcontracting (see 52.219–14); 19

U.S.C. 1202, Tariff Act of 1930 (see

52.225–10); 19 U.S.C. 1309, Supplies for

Certain Vessels and Aircraft (see

52.225–10); 19 U.S.C. 2701, et seq.,

Authority to Grant Duty Free Treatment

(see 52.225–10); 29 U.S.C. 793,

Affirmative Action for Handicapped

Workers (see 52.222–36); 38 U.S.C.

4212, Affirmative Action for Special

Disabled Vietnam Era Veterans (see

52.222–35); 38 U.S.C. 4212(d)(1),

Employment Reports on Special

disabled Veterans and Veterans of the

Vietnam Era (see 52.222–37); 41 U.S.C.

10, Buy American Act—Supplies (see

52.225–3); 41 U.S.C. 253d, Validation of

Proprietary Data Restrictions (see

52.227–14); 41 U.S.C. 253g and 10

U.S.C. 2482, Prohibition on Limiting

Subcontractor Direct Sales to the United

States (see 52.203–6); 41 U.S.C. 254(b)

and 10 U.S.C. 2306a, Truth in

Negotiations Act (see 15.804); 41 U.S.C.

254d(c) and 10 U.S.C. 2513(c),

Examination of Records of Contractor

(see 52.215–2); 41 U.S.C. 418a, Rights in

Technical Data (see 52.227–14); 41

U.S.C. 442, Cost Accounting Standards

(see FAR Appendix B, 48 CFR Chapter

99); 41 U.S.C. 423(e)(3), Administrative

Actions (see 3.104); 46 U.S.C. 1241(b),

Transportation in American Vessels of

Government Personnel and Certain

Cargo (see 52.247–64); 49 U.S.C. 40118,

Fly American Provisions (see 52.247–

63); For purposes of this notice, a

‘‘commercially available off-the-shelf

item’’ means—

(1) a commercial item as defined in

FAR 2.101;

(2) an item sold in substantial

quantities in the commercial

marketplace; and

(3) an item is offered to the

Government, without modification, in

the same form in which it is sold in the

commercial marketplace. This does not

include bulk cargo, as defined in 46

U.S.C. App. 1702, such as agricultural

and petroleum products. The FAR

Council is requesting any interested

parties to provide advance comments

on:

(1) the definition of ‘‘commercially

available off-the-shelf item’’ cited above.

(2) whether the above cited list of

statutory provisions that could be

determined inapplicable to commercial

off-the-shelf items is complete.

(3) whether the specific provisions of

law should be determined to be

inapplicable. Comments received will

be considered in the development of

proposed or interim rules. In addition,

a 60-day public comment period will be

provided once proposed and/or interim

FAR rules are drafted. Noted that agency

specific statutory provisions will be

addressed in separates Federal Register

notices.

Dated: May 7, 1996.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

[FR Doc. 96–11862 Filed 5–10–96; 8:45 am]

BILLING CODE 6820–EP–M

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 537

[Docket No. 96–38, Notice 01]

RIN 2127–AG00

Automotive Fuel Economy; SemiAnnual Reports

AGENCY: National Highway Traffic

Safety Administration (NHTSA),

Department of Transportation.

ACTION: Notice of proposed rulemaking.

SUMMARY: This notice proposes various

revisions to the required form and

contents of the semi-annual reports

which automobile manufacturers are

statutorily required to submit under the

Federal automotive fuel economy

program. It is intended that these

revisions will reduce the paperwork

burdens imposed on manufacturers

without inhibiting the agency’s ability

to comply with its statutory

requirements. NHTSA undertakes this

action as part of its effort to implement

the President’s Regulatory Reinvention

Initiative to make regulations easier to

understand and apply.

ADDRESSES: Comments should refer to

the docket and notice number set forth

above and be submitted to: Docket
Federal Register / Vol. 61, No. 93 / Monday, May 13, 1996 / Proposed Rules 22011

Section, Room 5109, National Highway

Traffic Safety Administration, 400

Seventh Street, SW, Washington, D.C.

20590.

DATES: Comments on this notice must be

received by July 12, 1996. The final rule

would apply to reports submitted for

model years beginning after publication

of the final rule.

FOR FURTHER INFORMATION CONTACT:

Alan Berkowitz, Office of Planning and

Consumer Programs, Safety Performance

Standards, NHTSA, 400 7th St., SW.,

Washington DC 20590. Telephone: (202)

366–4795.

SUPPLEMENTARY INFORMATION:

President’s Regulatory Reinvention

Initiative

Pursuant to the March 4, 1995,

directive ‘‘Regulatory Reinvention

Initiative’’ from the President to the

heads of departments and agencies,

NHTSA undertook a review of its

regulations and directives. During the

course of this review, the agency

identified rules that it could propose to

eliminate as unnecessary or to amend to

improve their comprehensibility,

usefulness, and appropriateness.

NHTSA has identified the Semi-Annual

Reports for Automotive Fuel Economy

as a candidate for review.

Background

Section 32907 of Chapter 329 of Title

49 of the U.S. Code (49 U.S.C. 32901 et

seq.) requires each automobile

manufacturer (other than those small

manufacturers which have been granted

an alternative fuel economy standard

under section 32902(d)) to submit semiannual reports to the agency relating to

that manufacturers’ efforts to comply

with average fuel economy standards.

One report is due during the 30-day

period preceding the beginning of each

model year (the ‘‘pre-model year

report’’) and the other is due during the

30-day period beginning on the 180th

day of the model year (the ‘‘mid-model

year report’’).

Since the various manufacturers have

different annual production periods, the

agency determined in 42 FR 62374

(December 12, 1977) that there was no

single model year designation

applicable to all companies. Therefore,

in accordance with section 32901(a)(15)

of Chapter 329, the agency determined

that the calendar year should serve as

the ‘‘model year’’ for purposes of section

32907, making the pre-model year

report for any year due in December of

the prior year and the mid-model year

report for any year due in July of that

year. For the major domestic

manufacturers, this means that the premodel year report is submitted well into

their actual production period and the

mid-model year report is due near the

end of that period.

Section 32907(a)(1) of Chapter 329

provides that each report must contain

a statement as to whether the

manufacturer will comply with average

fuel economy standards for that year, a

plan describing the steps the

manufacturer has taken or will take to

comply with the standards, and any

other information the agency may

require. Whenever a manufacturer

determines that a plan it has submitted

in one of its reports is no longer

adequate to assure compliance, it must

submit a revised plan. Section

32907(a)(1)(C) of Chapter 329 also

permits the agency to issue rules

prescribing the form and content of

reports.

Proposed Revisions

The revised text for 49 CFR Part 537

presented in this notice proposes to

reduce the amount of detailed

specification data required of

manufacturers in their reports to the

agency. Specifically, the agency is

asking for data to be consolidated at the

model level instead of the configuration

level. This would reduce the volume of

information that must be submitted. The

proposed revision provides the data in

a form that more closely matches the

format of information that the agency

uses in analyzing the manufacturers’

fleets for purposes of its annual report

to the Congress and special reports and

studies of fuel economy standards. The

format of the report is revised to delete

some items that the agency has not used

in recent years, i.e., engine code,

emission control system, existence of

overdrive, axle ratio, existence of

temporary living quarters, expansion of

cargo carrying capacity by removal of

seats, and frontal area.

The proposed text also changes the

time of submission of the detailed

specification information from the premodel year report to the mid-model year

report. This will result in the

manufacturers providing more complete

and correct data as the data will be

assembled near the end of the typical

production period for each model. The

data will still be provided to the agency

in time for incorporation in the annual

report to the Congress.

Finally, the text description for

supplementary reports (§ 537.8) is

deleted. Manufacturers have not been

furnishing this report to the agency, nor

has the agency been requesting it. Its

purpose, to explain how a fleet that is

below the average fuel economy

standard will be brought into

compliance, can be fulfilled by the

addition of an appropriate statement in

either the pre- model year or mid-model

year report. Some manufacturers

currently use this procedure. That

statement is specified in the revised text

in § 537.7(b)(4).

Impact Analyses

1. Economic Impacts

This notice of proposed rulemaking

(NPRM) was not reviewed under

Executive Order 12866 (Regulatory

Planning and Review). NHTSA has

analyzed the impact of this request for

comment and determined that it is not

‘‘significant’’ within the meaning of the

Department of Transportation’s

regulatory policies and procedures. The

agency anticipates, if a final rule should

result from this NPRM, new

requirements would not be imposed on

manufacturers.

2. Impacts on Small Entities

Pursuant to the Regulatory Flexibility

Act, the agency has considered the

impact this rulemaking would have on

small entities. Few, if any, automobile

manufacturers subject to the proposed

rule would be classified as a ‘‘small

business’’ under the Regulatory

Flexibility Act. I certify that this action

would not have a significant economic

impact on a substantial number of small

entities.

3. Impact of Federalism

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

the proposed rule would not have

sufficient Federalism implications to

warrant the preparation of a Federalism

Assessment.

4. Paperwork Reduction Act

Information collection requirements

contained in this NPRM represent an

amendment to those approved by the

Office of Management and Budget under

the provisions of the Paperwork

Reduction Act (Pub. L. 96–511) and

assigned OMB Control Number 2127–

0019. The agency believes that the

changes proposed in this notice will

result in a small reduction in the

paperwork burden of this reporting

requirement. The agency solicits

comment on the expected change in

paperwork burden that this proposal

would entail.

5. National Environmental Policy Act

The agency has analyzed this rule for

the purpose of the National

Environmental Policy Act and

determined that it would not have any
22012 Federal Register / Vol. 61, No. 93 / Monday, May 13, 1996 / Proposed Rules

significant impact on the quality of the

human environment.

6. Civil Justice Reform

This proposed rule would not have

any retroactive effect and it does not

preempt any State law. 49 U.S.C. 32909

sets forth a procedure for judicial review

of automobile fuel economy regulations.

That section does not require

submission of a petition for

reconsideration or other administrative

proceedings before parties may file suit

in court.

Comments

NHTSA is providing a comment

period, ending on July 12, 1996 for

interested parties to present data and

views on the issues raised in this notice,

as well as any other issues commenters

believe are relevant to this proceeding.

It is requested but not required that 10

copies be submitted.

Comments must not exceed 15 pages

in length (49 CFR 553.21). Necessary

attachments may be appended to these

submissions without regard to the 15-

page limit. This limitation is intended to

encourage commenters to detail their

primary arguments in a concise fashion.

If a commenter wishes to submit

certain information under claim of

confidentiality, three copies of the

complete submission, including

purportedly confidential business

information, should be submitted to the

Chief counsel, NHTSA, at the street

address given above, and seven copies

from which the purportedly confidential

information has been deleted should be

submitted to the Docket Section. A

request for confidentiality should be

accompanied by a cover letter setting

forth the information specified in the

agency’s confidential business

information regulation. 49 CFR part 512.

All comments received before the

close of business on the comment

closing date indicated above for the

proposal will be considered, and will be

available for examination in the docket

at the above address both before and

after that date. To the extent possible,

comments filed after the closing date

will also be considered. Comments

received too late for consideration in

regard to the final rule will be

considered as suggestions for further

rulemaking action. Comments on the

proposal will be available for inspection

in the docket. NHTSA will continue to

file relevant information as it becomes

available in the docket after the closing

date, and it is recommended that

interested persons continue to examine

the docket for new material.

Those persons desiring to be notified

upon receipt of their comments in the

rules docket should enclose a selfaddressed, stamped postcard with their

comments. Upon receiving the

comments, the docket supervisor will

return the postcard by mail.

List of Subjects in 49 CFR Part 537

Fuel economy, Reporting and

recordkeeping requirements.

In consideration of the foregoing, 49

CFR Part 537 would be revised to read

as follows:

PART 537—AUTOMOTIVE FUEL

ECONOMY REPORTS

Sec.

537.1 Scope.

537.2 Purpose.

537.3 Applicability.

537.4 Definitions.

537.5 General requirements for reports.

537.6 General content of reports.

537.7 Pre-model year and mid-model year

reports.

537.8 [Reserved].

537.9 Determination of fuel economy values

and average fuel economy.

537.10 Incorporation by reference.

537.11 Public Inspection of Information.

537.12 Confidential Information.

Authority: 49 U.S.C. 32907; 49 CFR 1.50.

§ 537.1 Scope.

This part establishes requirements for

automobile manufacturers to submit

reports to the National Highway Traffic

Safety Administration regarding their

efforts to improve automotive fuel

economy.

§ 537.2 Purpose.

The purpose of this part is to obtain

information to aid the National Highway

Traffic Safety Administration in

valuating automobile manufacturers’

plans for complying with average fuel

economy standards and in preparing an

annual review of the average fuel

economy standards.

§ 537.3 Applicability.

This part applies to automobile

manufacturers, except for manufacturers

subject to an alternate fuel economy

standard under 49 U.S.C. 32902(d).

§ 537.4 Definitions.

(a) Statutory terms. (1) The terms

average fuel economy standard, fuel,

manufacture, and model year are used

as defined in 49 U.S.C. 32901.

(2) The term manufacturer is used as

defined in 49 U.S.C. 32901 and in

accordance with Part 529 of this

chapter.

(3) The terms average fuel economy,

fuel economy, and model type are used

as defined in Subpart A of 40 CFR Part

600.

(4) The terms automobile, automobile

capable of off-highway operation, and

passenger automobile are used as

defined in 49 U.S.C. 32901 and in

accordance with the determinations in

Part 523 of this chapter.

(b) Other terms. (1) The term loaded

vehicle weight is used as defined in

Subpart A of 40 CFR Part 86.

(2) The terms base level, body style,

car line, combined fuel economy,

equivalent test weight, inertia weight,

transmission class, and vehicle

configuration are used as defined in

Subpart A of 40 CFR Part 600.

(3) The term light truck is used as

defined in Part 523 of this chapter and

in accordance with determinations in

that part.

(4) The terms approach angle, axle

clearance, breakover angle, cargocarrying volume, departure angle,

passenger-carrying volume, and running

clearance are used as defined in Part

523 of this chapter.

(5) The term incomplete automobile

manufacturer is used as defined in Part

529 of this chapter.

(6) As used in this part, unless

otherwise required by the context:

(i) Administrator means the

Administrator of the National Highway

Traffic Safety Administration or the

Administrator’s delegate.

(ii) Current model year means:

(A) In the case of a pre-model year

report, the full model year immediately

following the period during which that

report is required by 537.5(b) to be

submitted.

(B) In the case of a mid-model year

report, the model year during which

that report is required by 537.5(b) to be

submitted.

(iii) Average means a production

weighted harmonic average.

(iv) Total drive ratio means the ratio

of an automobile’s engine rotational

speed (in revolutions per minute) to the

automobile’s forward speed (in miles

per hour).

§ 537.5 General requirements for reports.

(a) For each current model year, each

manufacturer shall submit a pre-model

year report and a mid-model year report.

(b)(1) The pre-model year report

required by this part for each current

model year must be submitted during

the month of December (e.g., the premodel year report for the 1997 model

year must be submitted during

December, 1996).

(2) The mid-model year report

required by this part for each current

model year must be submitted during

the month of July (e.g., the mid-model

year report for the 1997 model year

must be submitted during July 1997).

(c) Each report required by this part

must:
Federal Register / Vol. 61, No. 93 / Monday, May 13, 1996 / Proposed Rules 22013

(1) Identify the report as a pre-model

year report or mid-model year report;

(2) Identify the manufacturer

submitting the report;

(3) State the full name, title, and

address of the official responsible for

preparing the report;

(4) Be submitted in 10 copies to:

Administrator, National Highway

Traffic Safety Administration, 400

Seventh Street SW., Washington, DC

20590;

(5) Identify the current model year;

(6) Be written in the English language;

and

(7)(i) Specify any part of the

information or data in the report that the

manufacturer believes should be with

held from public disclosure as trade

secret or other confidential business

information.

(ii) With respect to each item of

information or data requested by the

manufacturer to be withheld under 5

U.S.C. 552(b)(4) and 15 U.S.C.

2005(d)(1), the manufacturer shall:

(A) Show that the item is within the

scope of sections 552(b)(4) and

2005(d)(1);

(B) Show that disclosure of the item

would result in significant competitive

damage;

(C) Specify the period during which

the item must be withheld to avoid that

damage; and

(D) Show that earlier disclosure

would result in that damage.

(d) Each report required by this part

must be based upon all information and

data available to the manufacturer 30

days before the report is submitted to

the Administrator.

§ 537.6 General content of reports.

(a) Pre-model year and mid-model

year reports. Except as provided in

paragraph (b) of this section, each premodel year report and the mid-model

year report for each model year must

contain the information required by

537.7(a).

(b) Exceptions. The pre-model year

report and the mid-model year report

submitted by an incomplete automobile

manufacturer for any model year are not

required to contain the information

specified in 537.7 (c)(4)(xix) (A) and

(B)(1), (3), and (4) and (c)(5). The

information provided by the incomplete

automobile manufacturer under 537.7(c)

shall be according to base level instead

of model type or car line.

§ 537.7 Pre-model year and mid-model

year reports.

Each manufacturer submitting a

report shall:

(a)(1) Provide the information

required by paragraphs (b) and (c) of

this section for the manufacturer’s

passenger automobiles for the current

model year.

(2) After providing the information

required by paragraph (a)(1) of this

section provide the information

required by paragraphs (b) and (c) of

this section for the manufacturer’s light

trucks for the current model year.

(b) Projected average Fuel economy.

(1) State the projected average fuel

economy for the manufacturer’s

automobiles determined in accordance

with 537.9 and based upon the fuel

economy values and projected sales

figures provided under paragraph (c)(2)

of this section.

(2) State the projected final average

fuel economy that the manufacturer

anticipates having if changes

implemented during the model year will

cause that average to be different from

the average fuel economy projected

under paragraph (b)(1) of this section.

(3) State whether the manufacturer

believes that the projection it provides

under paragraph (b)(2) of this section, or

if it does not provide an average under

that paragraph, the projection it

provides under paragraph (b)(1) of this

section sufficiently represents the

manufacturer’s average fuel economy for

the current model year for the purposes

of the statute. In the case of a

manufacturer that believes that the

projection is not sufficiently

representative for those purposes, state

the reason for the insufficiency and the

specific additional testing or derivation

of fuel economy values by analytical

methods believed by the manufacturer

necessary to eliminate the insufficiency

and any plans of the manufacturer to

undertake that testing or derivation

voluntarily and submit the resulting

data to the Environmental Protection

Agency under 40 CFR 600.509.

(4) If the projected average fuel

economy provided under section (b)(1)

or (b)(2) of this section does not comply

with the applicable average fuel

economy standard, state what actions

the manufacturer has taken or intends to

take to comply with the standard and

whether those actions are sufficient to

ensure compliance.

(c) Model type fuel economy and

technical information. (1) For each

model type of the manufacturer’s

automobiles, provide the information

specified in paragraph (c)(2) of this

section in tabular form. List the model

types in order of increasing equivalent

test weight from top to bottom down the

left side of the table and list the

information categories in the order

specified in paragraph (c)(2) of this

section from left to right across the top

of the table.

(2)(i) Combined fuel economy for each

model type and CAFE for the fleet; and

(ii) Projected production for the current

model year and total production of all

model types.

(3) (Mid-model report only.) For each

model type provide the information

specified in paragraph (c)(4) at this

section either in tabular form or

preferably as a database formatted

computer disk. If a tabular form is used

then list the vehicle model types in the

order listed under paragraph (c)(2) of

this section from top to bottom down

the left of the table and list the

information categories across the top of

the table from left to right in the order

specified in paragraph (c)(4) of this

section. Other formats (such as copies of

EPA reports), which contain all the

required information in a readily

identifiable form, are also acceptable. If

a computer disk is used, any NHTSA

approved database structure may be

used, but each model type record

should identify the manufacturer, model

type, and for light trucks the drive

wheel code, e.g. 2- or 4- wheel drive. At

least the information categories

specified here and in paragraph (c)(4)

must be provided, but if preferred, the

disk may contain any additional

categories. Each computer disk record

must contain all the required categories

of information to enable direct reading

and interpretation in the database

format that was approved. Parameters

that vary within the model type (e.g.,

loaded vehicle weight) should be

weighted by the production share of

each distinct value.

(4)(i) Loaded vehicle weight;

(ii) Equivalent test weight;

(iii) Engine displacement, liters;

(iv) Number of engine cylinders;

(v) SAE net rated power, kilowatts;

(vi) Type of fuel injection;

(vii) Transmission class;

(viii) Number of forward speeds;

(ix) Total drive ratio (N/V);

(x) Combined fuel economy, mpg;

(xi) Projected production for the

current model year;

(xii) Road load power at 50 miles per

hour;

(xiii) (A) In the case of passenger

automobiles:

(1) Interior volume index, determined

in accordance with Subpart D of 40 CFR

Part 600, and

(2) Body style;

(B) In the case of light trucks:

(1) Passenger-carrying volume; and

(2) Cargo-carrying volume.

(5) For each model type of automobile

which is classified as an automobile

capable of off-highway operation under

Part 523 of this chapter, provide the

following data:
22014 Federal Register / Vol. 61, No. 93 / Monday, May 13, 1996 / Proposed Rules

(i) Approach angle;

(ii) Departure angle;

(iii) Breakover angle;

(iv) Axle clearance;

(v) Minimum running clearance; and

(vi) Existence of 4-wheel drive

(indicate yes or no).

(6) The fuel economy values provided

under paragraphs (c) (2) and (4) of this

section shall be determined in

accordance with § 537.9.

§ 537.8 [Reserved]

§ 537.9 Determination of fuel economy

values and average fuel economy.

(a) Base level and model type fuel

economy values. For each base level and

model type, the manufacturer shall

submit a fuel economy value based on

the vehicle configuration values that

have been determined and approved

under 40 CFR part 600, or, if such a

value does not exist, a value based on

a comparable test or analysis, and

calculated in the same manner as base

level and model type fuel economy

values are calculated for use under

Subpart F of 40 CFR part 600.

(b) Average fuel economy. Average

fuel economy must be based upon fuel

economy values calculated under

paragraph (a) of this section for each

model type and must be calculated in

accordance with 40 CFR 600.506, using

the configurations specified in 40 CFR

600.506(a)(2), except that fuel economy

values for running changes and for new

base levels are required only for those

changes made or base levels added

before the average fuel economy is

required to be submitted under this part.

§ 537.10 Incorporation by reference.

(a) A manufacturer may incorporate

by reference in a report required by this

part any document other than a report,

petition, or application, or portion

thereof submitted to any Federal

department or agency more than two

model years before the current model

year.

(b) A manufacturer that incorporates

by references a document not previously

submitted to the National Highway

Traffic Safety Administration shall

append that document to the report.

(c) A manufacturer that incorporates

by reference a document shall clearly

identify the document and, in the case

of a document previously submitted to

the National Highway Traffic Safety

Administration, indicate the date on

which and the person by whom the

document was submitted to this agency.

§ 537.11 Public inspection of information.

Except as provided in § 537.12, any

person may inspect the information and

data submitted by a manufacturer under

this part in the docket section of the

National Highway Traffic Safety

Administration. Any person may obtain

copies of the information available for

inspection under this section in

accordance with the regulations of the

Secretary of Transportation in Part 7 of

this title.

§ 537.12 Confidential information.

(a) Information made available under

§ 537.11 for public inspection does not

include information for which

confidentiality is requested under

§ 537.5(c)(7), is granted in accordance

with section 32910(c) of Chapter 329

and section 552(b) of Title 5 of the

United States Code, and is not

subsequently released under paragraph

(c) of this section in accordance with

section 32910 of Chapter 329.

(b) Denial of confidential treatment.

When the Administrator denies a

manufacturer’s request under

§ 537.5(c)(7) for confidential treatment

of information, the Administrator gives

the manufacturer written notice of the

denial and reasons for it. Public

disclosures of the information is not

made until after the ten-day period

immediately following the giving of the

notice.

(c) Release of confidential

information. After giving written notice

to a manufacturer and allowing ten

days, when feasible, for the

manufacturer to respond, the

Administrator may make available for

public inspection any information

submitted under this part that is

relevant to a proceeding under the Act,

including information that was granted

confidential treatment by the

Administrator pursuant to a request by

the manufacturer under § 537.5(c)(7).

Issued on: May 7, 1996.

Barry Felrice,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 96–11720 Filed 5–10–96; 8:45 am]

BILLING CODE 4910–59–P

Surface Transportation Board

49 CFR Part 1185

[STB Ex Parte No. 543]

Revision of Regulations for

Interlocking Rail Officers

AGENCY: Surface Transportation Board.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Surface Transportation

Board (the Board) is seeking comments

on proposed revisions to the regulations

for authorization of interlocking rail

officers and directors.

DATES: Comments on the proposed

revisions are due June 3, 1996.

ADDRESSES: Send comments (an original

and 10 copies) referring to STB Ex Parte

No. 543 to: Surface Transportation

Board, Office of the Secretary, Case

Control Branch, 1201 Constitution

Avenue, NW., Washington, DC 20423.

FOR FURTHER INFORMATION CONTACT:

Beryl Gordon, (202) 927–7513. [TDD for

the hearing impaired: (202) 927–5721.]

SUPPLEMENTARY INFORMATION: Effective

January 1, 1996, the ICC Termination

Act of 1995, Pub. L. No. 104–88, 109

Stat. 803 (the ICCTA) abolished the

Interstate Commerce Commission (ICC)

and established within the Department

of Transportation the Board. Section 204

of the ICCTA provides that ‘‘[t]he Board

shall promptly rescind all regulations

established by the [ICC] that are based

on provisions of law repealed and not

substantively reenacted by this Act.’’

Under the prior statute at 49 U.S.C.

11322, a person wishing to hold a

position of officer or director of more

than one rail carrier of any size was

required to seek prior ICC authorization.

The ICC, however, exercising its general

exemption authority under former 49

U.S.C. 10505, adopted rules at 49 CFR

1185 exempting from regulation as a

class requests to assume the position of

director or officer of a rail carrier while

holding the position of director or

officer of another rail carrier, except

where both carriers are Class I railroads.

Exemption—Certain Interlocking

Directorates, 5 I.C.C.2d 7 (1988)

(Interlocking Directorates). The class

exemption does not apply to an

individual who is an officer or director

of a Class I carrier and who wishes to

become an officer or director of another

Class I railroad; that individual is

required to file either an application (or

petition for an individual exemption).

The ICCTA revised the statute so that,

under new 49 U.S.C. 11328, individuals

seeking to hold the position of officer or

director only of Class III railroads are no

longer required to seek Board

authorization, either through exemption

or through affirmative approval. We

propose to revise 49 CFR part 1185 to

reflect this statutory change and to

eliminate other unnecessary and

redundant provisions. The changes

would clarify that the class exemption

applies exclusively to interlocking

directorates that (a) Do not involve an

officer or director of a Class I rail carrier

who seeks to become an officer or

director of another Class I rail carrier,

and (b) do not involve only Class III rail