[Federal Register: February 8, 2006 (Volume 71, Number 26)]
[Notices]
[Page 6467]
[DOCID:fr08fe06-78]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL06-49-000]

Wisconsin Public Service Corporation, Upper Peninsula Power
Company, WPS Energy Services, Inc., WPS Power Development, LLC,
Complainant v. Midwest Independent Transmission, System Operator, Inc.
and PJM Interconnection, LLC, Respondent; Notice of Complaint

January 31, 2006.
    Take notice that on January 30, 2006, Wisconsin Public Service
Corporation, Upper Peninsula Power Company, WPS Energy Services, Inc.
and WPS Power Development, L.L.C. (WPS Companies) filed a formal
complaint against the Midwest Independent Transmission System Operator,
Inc and PJM Interconnection, L.L.C. (RTOs) pursuant to section 206 of
the Federal Power Act and 18 CFR 385.206, alleging that the RTOs'
December 30, 2005 compliance filing in Docket Nos. ER04-375-017 and
ER04-375-018 fails to comply with the Commission's orders requiring the
filing of status reports on and the actual implementation by the RTOs
of a comprehensive Joint and Common Market.
    The WPS Companies certify that copies of the complaint were served
on the contacts for the Midwest Independent Transmission System
Operators, Inc. and PJM Interconnection, LLC.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on February 21, 2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-1656 Filed 2-7-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: July 28, 2009 (Volume 74, Number 143)]
[Rules and Regulations]
[Page 37173-37176]
[DOCID:fr28jy09-7]

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ENVIRONMENTAL PROTECTION AGENCY

48 CFR Parts 1537 and 1552

[EPA-HQ-OARM-2007-1115; FRL-8935-6]
RIN 2030-AA96

Acquisition Regulation: Guidance on Technical Direction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is amending the EPA Acquisition Regulation (EPAAR) to
revise the prescription for and the content of a clause that addresses
issuing technical direction in contracts. This revision incorporates
and supersedes several class deviations to the EPAAR and updates
terminology and procedures related to issuing technical direction.

DATES: This final rule is effective August 12, 2009.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OARM-2007-1115. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through
http://www.regulations.gov or in hard copy at the Office of
Environmental (OEI) Information Docket, EPA/DC, EPA West, Room 3334,
1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Public Reading Room is
(202) 566-1744, and the telephone number for the OEI Docket is (202)
566-1752.

FOR FURTHER INFORMATION CONTACT: Donna S. Blanding, Policy, Training,
and Oversight Division, Office of Acquisition Management (3802R),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number: 202-
565-2475; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    Entities potentially affected by this action include firms that are
performing

or will perform under contract for the EPA. This includes firms in all
industry groups.

II. Background

    Under certain contracts the Contracting Officer authorizes a
designated individual, e.g., the Contracting Officer Technical
Representative (COTR), to issue technical direction to the contractor.
The technical direction clause in the contract defines what constitutes
technical direction, which officials are authorized to issue technical
direction, and procedures for issuing technical direction.
    Since the EPAAR technical direction guidance was originally issued,
several class deviations to the clause have been approved. (A class
deviation is a change to the EPAAR necessary to meet specific contract
requirements.) This revision incorporates and supersedes the class
deviations and makes additional revisions to the technical direction
guidance as specified below.

III. Final Rule

    This rule amends the EPAAR to revise the prescription for using the
Technical Direction clause and the wording of the clause itself. The
current prescription states the clause is used in cost reimbursement
type solicitations and contracts. The revised prescription allows COs
to use the clause, or a clause substantially the same, in solicitations
and contracts where the CO will delegate authority to issue technical
direction to the COTR.
    The EPAAR clause entitled ``Technical Direction'' adds and defines
these two new terms ``contracting officer technical representative''
and ``task order''. These two terms will standardize titles and
terminology used at EPA with terms used in the Federal Acquisition
Regulation (FAR) and other Federal procurement policy.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993);
therefore, no review is required by the Office of Information and
Regulatory Affairs within the Office of Management and Budget (OMB).
Order.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
No information is collected under this action.

C. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.

    The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute; unless the agency certifies that the rule
will not have a significant economic impact on a substantial number of
small entities. Small entities include small businesses, small
organizations, and small governmental jurisdictions.
    For purposes of assessing the impact of today's final rule on small
entities, ``small entity'' is defined as: (1) A small business that
meets the definition of a small business found in the Small Business
Act and codified at 13 CFR 121.201; (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district or special district with a population of less than 50,000; and
(3) a small organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of this rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This action
revises a current EPAAR clause and does not impose requirements
involving capital investment, implementing procedures, or record
keeping. This rule will not have a significant economic impact on small
entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, Local, and Tribal
governments and the private sector.
    This rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, Local, and Tribal
governments or the private sector. The rule imposes no enforceable duty
on any State, Local or Tribal governments or the private sector. Thus,
the rule is not subject to the requirements of Sections 202 and 205 of
the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and Local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
    This rule does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. Today's rule on technical direction
provides guidance on the interaction between contracting officials and
contractors only. Thus, Executive Order 13132 does not apply to this
rule. In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and Local
governments, EPA specifically solicited comments from State and Local
officials on this rule and no comments were received.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This rule does not have
tribal implications, as specified in Executive Order 13175. This rule
on technical direction provides guidance on the interaction between
contracting officials and contractors only. This Executive Order 13175
does not apply to this rule. EPA specifically solicited additional
comments on this rule from tribal officials and no comments were
received.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    Executive Order 13045, entitled ``Protection of Children From

Environmental Health and Safety Risks'' (62 FR 19885, April 23, 1997),
applies to any rule that: (1) Is determined to be economically
significant as defined under Executive Order 12886, and (2) concerns an
environmental health or safety risk that may have a proportionate
effect on children. This rule is not subject to Executive Order 13045
because it is not an economically significant rule as defined by
Executive Order 12866, and because it does not involve decisions on
environmental health or safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution of Use'' (66 FR 28335 (May 22, 2001), because it is not a
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act of 1995 (NTTAA)

    Section 12(d) (15 U.S.C 272 note) of NTTA, Public Law 104-113,
directs EPA to use voluntary consensus standards in its regulatory
activities, unless to do so would be inconsistent with applicable law,
or otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures and business practices) that are developed or adopted by
voluntary consensus standards bodies. The NTTA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898, (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This proposed rulemaking does not involve human health or
environmental effects.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, does not
apply because this action is not a rule, for purposes of 5 U.S.C.
804(3).
    This rulemaking does not involve technical standards. Therefore,
EPA is not considering the use of any voluntary consensus standards.

List of Subjects in 48 CFR Parts 1537 and 1552

    Environmental protection, Government procurement.

    Dated: July 10, 2009.
John C. Gherardini III,
Acting Director, Office of Acquisition Management.

0
Therefore, 48 CFR Chapter 15 is amended as set forth below:

PART 1537--SERVICE CONTRACTING

0
1. The authority citation for part 1537 continues to read as follows:

    Authority:  Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).

0
2. Amend 1537.110 by revising paragraph (b) to read as follows:

Sec.  1537.110  Solicitation provisions and contract clauses.

* * * * *
    (b) The contracting officer shall insert a clause substantially the
same as the clause in 1552.237-71, Technical Direction, in
solicitations and contracts where the contracting officer intends to
delegate authority to issue technical direction to the contracting
officer technical representative(s).
* * * * *

PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. The authority citation for part 1552 continues to read as follows:

    Authority:  5 U.S.C. 301: Sec. 205(c), 63 Stat. 390, as amended,
40 U.S.C. 486(c); and 41 U.S.C. 418b.

0
4. Revise 1552.237-71 to read as follows:

1552.237-71  Technical direction.

    As prescribed in 1537.110, insert a clause substantially the same
as the following:

TECHNICAL DIRECTION (AUG 2009)

    (a) Definitions.
    Contracting officer technical representative (COTR), means an
individual appointed by the contracting officer in accordance with
Agency procedures to perform specific technical and administrative
functions.
    Task order, as used in this clause, means work assignment,
delivery order, or any other document issued by the contracting
officer to order work under a service contract.
    (b) The contracting officer technical representative(s) may
provide technical direction on contract or work request performance.
Technical direction includes:
    (1) Instruction to the contractor that approves approaches,
solutions, designs, or refinements; fills in details; completes the
general descriptions of work shifts emphasis among work areas or
tasks; and
    (2) Evaluation and acceptance of reports or other deliverables.
    (c) Technical direction must be within the scope of work of the
contract and any task order there under. The contracting officer
technical representative(s) does not have the authority to issue
technical direction which:
    (1) Requires additional work outside the scope of the contract
or task order;
    (2) Constitutes a change as defined in the ``Changes'' clause;
    (3) Causes an increase or decrease in the estimated cost of the
contract or task order;
    (4) Alters the period of performance of the contract or task
order; or
    (5) Changes any of the other terms or conditions of the contract
or task order.
    (d) Technical direction will be issued in writing or confirmed
in writing within five (5) days after oral issuance. The contracting
officer will be copied on any technical direction issued by the
contracting officer technical representative.
    (e) If, in the contractor's opinion, any instruction or
direction by the contracting officer technical representative(s)
falls within any of the categories defined in paragraph (c) of the
clause, the contractor shall not proceed but shall notify the
contracting officer in writing within 3 days after receiving it and
shall request that the contracting officer take appropriate action
as described in this paragraph. Upon receiving this notification,
the contracting officer shall:
    (1) Advise the contractor in writing as soon as practicable, but
no later than 30 days after receipt of the contractor's
notification, that the technical direction is within the scope of
the contract effort and does not constitute a change under the
``Changes'' clause of the contract;
    (2) Advise the contractor within a reasonable time that the
government will issue a written modification to the contract; or
    (3) Advise the contractor that the technical direction is
outside the scope of the contract and is thereby rescinded.
    (f) A failure of the contractor and contracting officer to agree
as to whether the technical direction is within the scope of the
contract, or a failure to agree upon the contract action to be taken
with respect thereto, shall be subject to the provisions of the
clause entitled ``Disputes'' in this contract.

    (g) Any action(s) taken by the contractor, in response to any
direction given by any person acting on behalf of the government or
any government official other than the contracting officer or the
contracting officer technical representative, shall be at the
contractor's risk.

(End of clause)

[FR Doc. E9-17938 Filed 7-27-09; 8:45 am]

BILLING CODE 6560-50-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on August 10, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST-2002-13389

________________________________________________________________________
_____________________________This serves as notice to the public of the
action described below, taken by the Department official indicated (no
additional confirming order will be issued in this matter).

Application of AMERICAN AIRLINES, INC., filed 7/12/04 for:

XX  Renewal of exemption authority under 49 U.S.C. §40109 to provide
the following service:

Scheduled foreign air transportation of persons, property, and mail
between (1) the terminal point Boston, Massachusetts, and the terminal
point Cancun, Mexico; (2) the terminal point Chicago, Illinois, and the
terminal point Puerto Vallarta, Mexico, and (3) the terminal point
Dallas/Ft. Worth, Texas, and the terminal point Cozumel, Mexico.
American states that it will continue to serve the markets listed on a
seasonal basis.  American requests renewal of the subject authority for
an indefinite duration.

Applicant rep:   Carl B. Nelson, Jr.<PHONE_NUMBER>    DOT Analyst:
Linda L. Lundell<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted renewal of exemption authority for two years, subject to
conditions (see below).

XX  Dismissed request for longer term authority (see below).

The action above to renew the exemption authority was effective when
taken: August 10, 2004,

through   August 10, 2006 .

The action above to dismiss the request for longer term authority was
effective when taken:   August 10, 2004   .

Action taken by:     Paul L. Gretch, Director

  		        Office of International Aviation

XX  Authority granted is consistent with the aviation agreement between
the United States and Mexico.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:

XX  Holder’s certificates of public convenience and necessity

XX  Standard Exemption Conditions (attached)

________________________________________________________________________
____________________Special Conditions:  The U.S.-Mexico exemption
authority granted is subject to the dormancy notice requirements set
forth in condition 7 of Appendix A of Order 88-10-2.

Remarks:  In its application, American requested that the subject
authority be renewed for an indefinite period.  Consistent with our
standard practice for this type of application, we renewed American’s
authority for two years and dismissed its request for longer-term
authority.

________________________________________________________________________
____________________

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the authority was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.

- see next page -   					2

To the extent not granted or dismissed, we denied all requests in the
referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov/reports_aviation.asp"
http://dms.dot.gov/reports_aviation.asp

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

05/2004


application onset occurs 1.0  0.1 second after the forward
collision warning onset.
    (d) For testing conducted without manual braking application, no
manual brake application is made until the test completion criteria of
S7.5.4 are satisfied.
    S7.5.4. Test completion criteria. The test run is complete when the
subject vehicle comes to a complete stop without making contact with
the lead vehicle or when the subject vehicle makes contact with the
lead vehicle.
    S8. False AEB activation.
    S8.1. Headway calculation. For each test run to be conducted under
S8.2 and S8.3, the headway (L0, L2.1, L1.1), in meters, between the
front plane of the subject vehicle and either the steel trench plate's
leading edge or the rearmost plane normal to the centerline of the
vehicle test devices providing 5.0 seconds, 2.1 seconds, and 1.1
seconds time to collision (TTC) is calculated. L0, L2.1, and L1.1 are
determined with the following equation where VSV is the speed of the
subject vehicle in m/s:

Lx = TTCx x (VSV)

TTC0 = 5.0
TTC2.1 = 2.1
TTC1.1 = 1.1

    S8.2. Steel trench plate.
    S8.2.1. Test parameters and setup.
    (a) The testing area is set up in accordance with Figure 2 to this
section.
    (b) The steel trench plate is secured flat on the test surface so
that its longest side is parallel to the subject vehicle's intended
travel path and horizontally centered on the subject vehicle's intended
travel path.
    (c) The subject vehicle test speed is 80 km/h.
    S8.2.2. Test conduct.
    (a) The subject vehicle approaches the steel trench plate.
    (b) Beginning when the headway corresponds to L0, the
subject vehicle speed is maintained within 1.6 km/h of the test speed
with minimal and smooth accelerator pedal inputs.
    (c) Beginning when the headway corresponds to L0, the
subject vehicle heading is maintained with minimal steering input such
that the travel path does not deviate more than 0.3 m laterally from
the intended travel path, and the yaw rate of the subject vehicle does
not exceed 1.0 deg/s.
    (d) If forward collision warning occurs, the subject vehicle's
accelerator pedal is released at any rate such that it is fully
released within 500 ms. This action is omitted for vehicles with cruise
control active.
    (e) For tests where no manual brake application occurs, manual
braking is not applied until the test completion criteria of S8.2.3 are
satisfied.
    (f) For tests where manual brake application occurs, the subject
vehicle's accelerator pedal, if not already released, is released when
the headway corresponds to L2.1 at any rate such that it is
fully released within 500 ms.
    (g) For tests where manual brake application occurs, the service
brakes are applied as specified in S9. The brake application pedal
onset occurs at headway L1.1.
    S8.2.3. Test completion criteria. The test run is complete when the
subject vehicle comes to a stop prior to crossing over the leading edge
of the steel trench plate or when the subject vehicle crosses over the
leading edge of the steel trench plate.
    S8.3. Pass-through.
    S8.3.1. Test parameters and setup.
    (a) The testing area is set up in accordance with Figure 3 to this
section.
    (b) Two vehicle test devices are secured in a stationary position
parallel to one another with a lateral distance of 4.5 m 0.1 m between the vehicles' closest front wheels. The centerline
between the two vehicles is parallel to the intended travel path.
    (c) The subject vehicle test speed is 80 km/h.
    (d) Testing may be conducted with manual subject vehicle pedal
application.
    S8.3.2. Test conduct.
    (a) The subject vehicle approaches the gap between the two vehicle
test devices.
    (b) Beginning when the headway corresponds to L0, the
subject vehicle speed is maintained within 1.6 km/h with minimal and
smooth accelerator pedal inputs.
    (c) Beginning when the headway corresponds to L0, the
subject vehicle heading is maintained with minimal steering input such
that the travel path does not deviate more than 0.3 m laterally from
the intended travel path, and the yaw rate of the subject vehicle does
not exceed 1.0 deg/s.
    (d) If forward collision warning occurs, the subject vehicle's
accelerator pedal is released at any rate such that it is fully
released within 500 ms.
    (e) For tests where no manual brake application occurs, manual
braking is not applied until the test completion criteria of S8.3.3 are
satisfied.
    (f) For tests where manual brake application occurs, the subject
vehicle's accelerator pedal, if not already released, is released when
the headway corresponds to L2.1 at any rate such that it is
fully released within 500 ms.
    (g) For tests where manual brake application occurs, the service
brakes are applied as specified in S9. The brake application onset
occurs when the headway corresponds to L1.1.
    S8.3.3. Test completion criteria. The test run is complete when the
subject vehicle comes to a stop prior to its rearmost point passing the
vertical plane connecting the forwardmost point of the vehicle test
devices or when the rearmost point of the subject vehicle passes the
vertical plane connecting the forwardmost point of the vehicle test
devices.
    S9. Subject Vehicle Brake Application Procedure.
    S9.1. The procedure begins with the subject vehicle brake pedal in
its natural resting position with no preload or position offset.
    S9.2. At the option of the manufacturer, either displacement
feedback or hybrid feedback control is used.
    S9.3. Displacement feedback procedure. For displacement feedback,
the commanded brake pedal position is the brake pedal position that
results in a mean deceleration of 0.3g in the absence of AEB system
activation.
    (a) The mean deceleration is the deceleration over the time from
the pedal achieving the commanded position to 250 ms before the vehicle
comes to a stop.
    (b) The pedal displacement controller depresses the pedal at a rate
of 254 mm/s 25.4 mm/s to the commanded brake pedal
position.
    (c) The pedal displacement controller may overshoot the commanded
position by any amount up to 20 percent. If such an overshoot occurs,
it is corrected within 100 ms.
    (d) The achieved brake pedal position is any position within 10
percent of the commanded position from 100 ms after pedal displacement
occurs and any overshoot is corrected.
    S9.4. Hybrid brake pedal feedback procedure. For hybrid brake pedal
feedback, the commanded brake pedal application is the brake pedal
position and a subsequent commanded brake pedal force that results in a
mean deceleration of 0.3g in the absence of AEB system activation.
    (a) The mean deceleration is the deceleration over the time from
the pedal achieving the commanded position to 250 ms before the vehicle
comes to a stop.
    (b) The hybrid controller displaces the pedal at a rate of 254 mm/s
25.4 mm/s to the commanded pedal position.
    (c) The hybrid controller may overshoot the commanded position by
any amount up to 20 percent. If such an overshoot occurs, it is
corrected within 100 ms.
    (d) The hybrid controller begins to control the force applied to
the pedal and stops controlling pedal displacement 100 ms after pedal
displacement occurs and any overshoot is corrected.
    (e) The hybrid controller applies a pedal force of at least 11.1 N.
    (f) The applied pedal force is maintained within 10 percent of the
commanded brake pedal force from 350 ms after commended pedal
displacement occurs and any overshoot is corrected until test
completion.

Figure 1 to Sec.  571.128--Setup for Tests Approaching a Lead Vehicle

BILLING CODE 4910-59-P
[GRAPHIC] [TIFF OMITTED] TP06JY23.010

Figure 2 to Sec.  571.128--Setup for Steel Trench Plate False
Activation Tests
[GRAPHIC] [TIFF OMITTED] TP06JY23.011

Figure 3 to Sec.  571.128--Setup for Pass-Through False Activation
Tests

[GRAPHIC] [TIFF OMITTED] TP06JY23.012

BILLING CODE 4910-59-C
0
9. Amend Sec.  571.136 by revising paragraphs S3, S3.1, S3.2, and
paragraphs (1) and (2) of the definition of ``Electronic stability
control system or ESC system'' in S4, and adding S8.3 to read as
follows:

Sec.  571.136   Standard No. 136; Electronic stability control systems
for heavy vehicles.

* * * * *
    S3 Application.
    S3.1 This standard applies to passenger cars, multipurpose
passenger vehicles, trucks, and buses, with a GVWR greater than 4,536
kilograms (10,000 pounds) except:
    (a) Any vehicle equipped with an axle that has a gross axle weight
rating of 13,154 kilograms (29,000 pounds) or more;
    (b) Any truck or bus that has a speed attainable in 3.2 kilometers
(2 miles) of not more than 53 km/h (33 mph); and
    (c) Any truck that has a speed attainable in 3.2 kilometers (2
miles) of not more than 72 km/h (45 mph), an unloaded vehicle weight
that is not less than 95 percent of its gross vehicle weight rating,
and no capacity to carry occupants other than the driver and operating
crew.
    S3.2 The following vehicles are subject only to the requirements in
S5.1, S5.2, and S5.4 of this standard:
    (a) Vehicles with a gross vehicle weight rating of 11,793 kilograms
(26,000 pounds) or less;
    (b) Trucks other than truck tractors;
    (c) School buses;
    (d) Perimeter-seating buses;
    (e) Transit buses;
    (f) Passenger cars; and
    (g) Multipurpose passenger vehicles.
* * * * *
    S4 Definitions
* * * * *
    Electronic stability control system or ESC system means a system
that has all of the following attributes:
    (1) It augments vehicle directional stability by having the means
to apply and adjust the vehicle brake torques individually at each
wheel position on at least one front and at least one rear axle of the
vehicle to induce correcting yaw moment to limit vehicle oversteer and
to limit vehicle understeer;
    (2) It enhances rollover stability by having the means to apply and
adjust the vehicle brake torques individually at each wheel position on
at least one front and at least one rear axle of the vehicle to reduce
lateral acceleration of a vehicle;
* * * * *
    S8.3 Vehicles with a gross vehicle weight rating of 11,793
kilograms (26,000 pounds) or less, trucks other than truck tractors,
school buses, perimeter-seating buses, transit buses, passenger cars,
and multipurpose passenger vehicles are not required to comply this
standard before [the first September 1 that is four years after the
date of publication of a final rule].
* * * * *
0
11. Add part 596 to read as follows.

PART 596--AUTOMATIC EMERGENCY BRAKING TEST DEVICES

Subpart A--General

Sec.
596.1 Scope.
596.2 Purpose.
596.3 Application
596.4 Definitions.
596.5 Matter incorporated by reference.
Subpart B--[Reserved]
Subpart C--Vehicle Test Device
596.9 General Description
596.10 Specifications for the Vehicle Test Device

    Authority:  49 U.S.C. 322, 30111, 30115, 30117 and 30166;
delegation of authority at 49 CFR 1.95.

Subpart A--General

Sec.  596.1  Scope.

    This part describes the test devices that are to be used for
compliance testing of motor vehicles with motor vehicle safety
standards for automatic emergency braking.

Sec.  596.2  Purpose.

    The design and performance criteria specified in this part are
intended to describe devices with sufficient precision such that
testing performed with these test devices will produce repetitive and
correlative results under similar test conditions to reflect adequately
the automatic emergency braking performance of a motor vehicle.

Sec.  596.3  Application.

    This part does not in itself impose duties or liabilities on any
person. It is a description of tools that are used in compliance tests
to measure the performance of automatic emergency braking systems
required by the safety standards that refer to these tools. This part
is designed to be referenced by, and become part of, the test
procedures specified in motor vehicle safety standards.

Sec.  596.4  Definitions.

    All terms defined in section 30102 of the National Traffic and
Motor Vehicle Safety Act (49 U.S.C. chapter 301, et seq.) are used in
their statutory meaning.
    Vehicle Test Device means a test device that simulates a passenger
vehicle for the purpose of testing automatic emergency brake system
performance.
    Vehicle Test Device Carrier means a movable platform on which a
Lead Vehicle Test Device may be attached during compliance testing.

Sec.  596.5  Matter incorporated by reference.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the National Highway Traffic Safety
Administration (NHTSA) must publish notice of change in the Federal
Register and the material must be available to the public. All approved
material is available for inspection at NHTSA at the National Archives
and Records Administration (NARA). Contact NHTSA at: NHTSA Office of
Technical Information Services, 1200 New Jersey Avenue SE, Washington,
DC 20590;<PHONE_NUMBER>. For information on the availability of this
material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email [email protected]. The material may be
obtained from the source(s) in the following paragraph of this section.
    (b) International Organization for Standardization (ISO), 1, ch. de
la Voie-Creuse, CP 56, CH-1211 Geneva 20, Switzerland; phone: + 41 22
749 01 11; fax: + 41 22 733 34 30; website: www.iso.org/.
    (1) [Reserved].
    (2) [Reserved].
    (3) ISO 19206-3:2021(E), ``Test devices for target vehicles,
vulnerable road users and other objects, for assessment of active
safety functions--Part 3: Requirements for passenger vehicle 3D
targets,'' First edition, 2021-05; into Sec.  596.10.
    (4) [Reserved]

Subpart B--[Reserved]

Subpart C--Vehicle Test Device

Sec.  596.9  General Description.

    (a) The Vehicle Test Device provides a sensor representation of a
passenger motor vehicle.
    (b) The rear view of the Vehicle Test Device contains
representations of the vehicle silhouette, a rear window, a high-
mounted stop lamp, two taillamps, a rear license plate, two rear reflex
reflectors, and two tires.

Sec.  596.10   Specifications for the Vehicle Test Device.

    (a) Word Usage--Recommendations. The words ``recommended,''
``should,'' ``can be,'' or ``should be'' appearing in sections of ISO
19206-3:2021(E) (incorporated by reference, see Sec.  596.5),
referenced in this section, are read as setting forth specifications
that are used.
    (b) Word Usage--Options. The words ``may be,'' or ``either,'' used
in connection with a set of items appearing in sections of ISO 19206-
3:2021(E) (incorporated by reference, see Sec.  596.5), referenced in
this section, are read as setting forth the totality of items, any one
of which may be selected by NHTSA for testing.
    (c) Dimensional specifications. (1) The rear silhouette and the
rear window are symmetrical about a shared vertical centerline.
    (2) Representations of the taillamps, rear reflex reflectors, and
tires are symmetrical about the surrogate's centerline.
    (3) The license plate representation has a width of 300  15 mm and a height of 150  15 mm and mounted with a
license plate holder angle within the range described in 49 CFR 571.108
S<IP_ADDRESS>.
    (4) The Vehicle Test Device representations are located within the
minimum and maximum measurement values specified in columns 3 and 4 of
Tables A.4 of ISO 19206-3:2021(E) Annex A (incorporated by reference,
see Sec.  596.5). The tire representations are located within the
minimum and maximum measurement values specified in columns 3 and 4 of
Tables A.3 of ISO 19206-3:2021(E) Annex A (incorporated by reference,
see Sec.  596.5). The terms ``rear light'' means ``taillamp,''
``retroreflector'' means ``reflex reflector,'' and ``high centre
taillight'' means ``high-mounted stop lamp.''
    (d) Visual and near infrared specification. (1) The Vehicle Test
Device rear representation colors are within the ranges specified in
Tables B.2 and B.3 of ISO 19206-3:2021(E) Annex B (incorporated by
reference, see Sec.  596.5).
    (2) The rear representation infrared properties of the Vehicle Test
Device are within the ranges specified in Table B.1 of ISO 19206-
3:2021(E) Annex B (incorporated by reference, see Sec.  596.5) for
wavelengths of 850 to 950 nm when measured according to the calibration
and measurement setup specified in paragraph B.3 of ISO 19206-3:2021(E)
Annex B (incorporated by reference, see Sec.  596.5).
    (3) The Vehicle Test Device rear reflex reflectors, and at least 50
cm\2\ of the taillamp representations are grade DOT-C2 reflective
sheeting as specified in 49 CFR 571.108 S8.2.
    (e) Radar reflectivity specifications. (1) The radar cross section
of the Vehicle Test Device is measured with it attached to the carrier
(robotic platform). The radar reflectivity of the carrier platform is
less than 0 dBm\2\ for a viewing angle of 180 degrees and over a range
of 5 to 100 m when measured according to the radar measurement
procedure specified in C.3 of ISO 19206-3:2021(E) Annex C (incorporated
by reference, see Sec.  596.5) for fixed-angle scans.
    (2) The rear bumper area as shown in Table C.1 of ISO 19206-
3:2021(E) Annex C (incorporated by reference, see Sec.  596.5)
contributes to the target radar cross section.
    (3) The radar cross section is assessed using radar sensor that
operates at 76 to 81 GHz and has a range of at least 5 to 100 m, a
range gate length smaller than 0.6m, a horizontal field of view of 10
degrees or more (-3dB amplitude limit), and an elevation field of view
of 5 degrees or more (-3dB amplitude).
    (4) At least 92 percent of the filtered data points of the
surrogate radar cross section for the fixed vehicle angle, variable
range measurements are within the RCS boundaries defined in Sections
C.2.2.4 of ISO 19206-3:2021(E) Annex C (incorporated by reference, see
Sec.  596.5) for a viewing angle of 180 degrees when measured according
to the radar measurement procedure specified in C.3 of ISO 19206-
3:2021(E) Annex C (incorporated by reference, see Sec.  596.5) for
fixed-angle scans.
    (5) Between 86 to 95 percent of the Vehicle Test Device spatial
radar cross section reflective power is with the primary reflection
region defined in Section C.2.2.5 of ISO 19206-3:2021(E) Annex C
(incorporated by reference, see Sec.  596.5) when measured according to
the radar measurement procedure specified in C.3 of ISO 19206-3:2021(E)
Annex C (incorporated by reference, see Sec.  596.5) using the angle-
penetration method.

    Issued under the authority delegated in 49 CFR 1.87.
Robin Hutcheson,
Administrator.
    Issued under authority delegated in 49 CFR part 1.95 and 49 CFR
501.8.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2023-13622 Filed 7-5-23; 8:45 am]
BILLING CODE 4910-59-P