9114 Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Rules and Regulations

text that must be used in the consumer January 29, 2010. The full text of this List of Subjects in 47 CFR Part 73 disclosure at the point of sale. Commission document is available for Radio, Radio broadcasting. On January 22, 2010, the Commission inspection and copying during normal requested emergency approval of the business hours in the FCC Reference As stated in the preamble, the Federal information collection requirements Information Center (Room CY–A257), Communications Commission amends from the Office of Management and 445 12th Street, SW., Washington, DC. 47 CFR part 73 as follows: 3 The complete text of this decision Budget (OMB). On February 17, 2010, PART 73—RADIO BROADCAST may also be purchased from the the Commission received OMB SERVICES approval. The OMB control number for Commission’s copy contractor, Best this collection is 3060–1135. This Copy and Printing, Inc., 445 12th Street, ■ 1. The authority citation for part 73 information collection will be used to SW, Room CY–B402, Washington, DC continues to read as follows: ensure that these microphones do not 20554, 800–378–3160 or via the continue to be used or continue to be company’s website, . § 73.202 [Amended] The Notice of Proposed Rule Making States in the 700 MHz Band, in ■ 2. Section 73.202(b), the Table of FM contravention of the steps taken by the in this proceeding proposed the allotment of Channel 235A at Markham, Allotments under Texas, is amended by Commission to make the 700 MHz Band adding Markham, Channel 283A. available for use by public safety Texas. As described above, Fort Bend entities and commercial licensees, and Broadcasting proposed the upgrade of Federal Communications Commission. to provide them a home in the core TV its Station KHTZ(FM), Ganado, Texas, John A. Karousos, spectrum. from Channel 284C2 to Channel 235C at Assistant Chief, Audio Division, Media a new transmitter site and the Bureau. Federal Communications Commission. modification of its license to specify [FR Doc. 2010–4131 Filed 2–26–10; 8:45 am] Gloria J. Miles, operation on non–adjacent Channel BILLING CODE 6712–01–S Federal Register Liaison. 235C. The document explains that it [FR Doc. 2010–4265 Filed 2–25–10; 4:15 pm] was not necessary to compare these BILLING CODE 6712–01–P conflicting proposals because an alternate channel is available for DEPARTMENT OF DEFENSE allotment at Markham. Specifically, the FEDERAL COMMUNICATIONS document allots Channel 283A at Defense Acquisition Regulations COMMISSION Markham in lieu of Channel 235A. System Because the conflict was resolved, the 47 CFR Part 73 document also grants Fort Bend’s 48 CFR Part 217 [DA 10–36, MB Docket No. 07–163, RM– counterproposal to upgrade Station 11385, RM–11416] KHTZ(FM) to Channel 235C. To Defense Federal Acquisition accommodate this upgrade, the Regulation Supplement; Additional FM Table of Allotments, Markham, document substitutes Channel 284C3 for Requirements Applicable to Multiyear Ganado, and Victoria, Texas Channel 236C3 at Victoria, Texas, and Contracts (DFARS Case 2008–D023) AGENCY: Federal Communications modifies the license for Station AGENCY: Defense Acquisition Commission. KVIC(FM), Victoria, to specify operation Regulations System. Department of on Channel 284C3. Finally, because Fort ACTION: Final rule. Defense (DoD). Bend’s counterproposal involves ACTION: Interim rule with request for SUMMARY: The staff grants a rulemaking licensed stations, the channel comments. petition filed by Katherine Pyeatt to substitutions for Station KHTZ(FM) at allot Channel 283A to Markham, Texas, Gandado, Texas, and for KVIC(FM), SUMMARY: DoD is issuing this interim as a second local service. The staff also Victoria, Texas, will be updated in the rule amending the Defense Federal grants a counterproposal filed by Fort Commission’s Consolidated Data Base Acquisition Regulation Supplement Bend Broadcasting Company, licensee System [CDBS]. (DFARS) to implement Section 811 of of Station KHTZ(FM), Ganado, Texas, to This document does not contain new the National Defense Authorization Act upgrade Station KHTZ(FM) from or modified information collection (NDAA) for Fiscal Year 2008. Section Channel 284C2 to Channel 235C and to requirements subject to the Paperwork 811 is applicable to multiyear contracts modify its license accordingly. Reduction Act of 1995 (PRA), Public for the procurement of major systems of DATES: Effective March 15, 2010. Law 104–13.In addition, therefore, it DoD. This interim rule also implements does not contain any new or modified ADDRESSES: Federal Communications section 8008 of the Fiscal Year 2007 information collection burden for small Commission, 445 12th Street, SW, Defense Appropriations Act, and the business concerns with fewer than 25 Washington, DC 20554. same language in subsequent DoD employees, pursuant to the Small FOR FURTHER INFORMATION CONTACT: appropriations acts. Section 8008 Business Paperwork Relief Act of 2002, Andrew J. Rhodes, Media Bureau, (202) specifically addresses multiyear Public Law 107–198, see 44 U.S.C. procurement of aircraft. 418–2180. 3506(c)(4). SUPPLEMENTARY INFORMATION: This is a The Commission will send a copy of DATES: Effective March 1, 2010. summary of the Commission’s Report the Report & Order in a report to be sent Comments on the interim rule should be and Order, MB Docket No. 07–163, to Congress and the Government submitted to the address shown below adopted January 27, 2010, and released Accountability Office pursuant to the on or before April 30, 2010 to be Congressional Review Act, see 5 U.S.C. considered in the formation of the final 3 See Notice of Public Information Collection(s) 801(a)(1)(A). rule. Being Submitted for Review and Approval to the ADDRESSES: Office of Management and Budget (OMB), Provisions of the Regulatory You may submit comments, Comments Requested, 75 FR 3731 (January 22, Flexibility Act of 1980 do not apply to identified by DFARS Case 2008–D023, 2010). this proceeding. using any of the following methods:

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Æ Federal eRulemaking Portal: Flexibility Act, 5 U.S.C. 601, et seq., ■ c. Revising newly redesignated http://www.regulations.gov. Follow the because the rule relates primarily to paragraphs (d) and (f). instructions for submitting comments. internal operating procedures of DoD The addition and revisions read as Æ E-mail: [email protected]. Include and will not have a significant cost or follows: DFARS Case 2008–D023 in the subject administrative impact on contractors or 217.172 Multiyear contracts for supplies. line of the message. offerors. Therefore, DoD has not Æ Fax: (703) 602–0350. performed an initial regulatory * * * * * Æ Mail: Defense Acquisition flexibility analysis. (c) The head of the agency shall not Regulations Council, Attn: Ms. Meredith DoD invites comments from small enter into a multiyear contract unless— Murphy, OUSD (AT&L) DPAP (DARS), business concerns and other interested (1) The Secretary of Defense has 3060 Defense Pentagon, Room 3B855, parties on the expected impact of this submitted to Congress a budget request Washington, DC 20301–3060. rule on small entities. for full funding of units to be procured Æ Hand Delivery/Courier: Defense DoD will also consider comments through the contract; and (2) In the case of a contract for Acquisition Regulations Council, from small entities concerning the procurement of aircraft, the budget Crystal Square 4, Suite 200A, 241 18th existing regulations in subparts affected request includes full funding of Street, Arlington, VA 22202–3402. by this rule in accordance with 5 U.S.C. procurement funds for production Comments received generally will be 610. Interested parties must submit such beyond advance procurement activities posted without change to http:// comments separately and should cite 5 of aircraft units to be produced in the www.regulations.gov, including any U.S.C. 610 (DFARS Case 2008–D023) in correspondence. fiscal year covered by the budget. personal information provided. (d)(1) The head of the agency must FOR FURTHER INFORMATION CONTACT: Ms. C. Paperwork Reduction Act not enter into or extend a multiyear Meredith Murphy, 703–602–1302. The Paperwork Reduction Act does contract that exceeds $500 million SUPPLEMENTARY INFORMATION: not apply because the rule does not (when entered into or extended until the Secretary of Defense identifies the A. Background impose any information collection requirements that require the approval contract and any extension in a report Section 811 of the National Defense of the Office of Management and Budget submitted to the congressional defense Authorization Act (NDAA) for Fiscal under 44 U.S.C. 3501, et seq. committees (10 U.S.C. 2306b(1)(5)). Year 2008 amends 10 U.S.C. 2306b and (2) In addition, for contracts equal to is applicable to multiyear contracts for List of Subjects in 48 CFR Parts 217 or greater than $500 million, the head of the procurement of major systems of Government procurement. the contracting activity must determine DoD. Section 811 imposes several that the conditions required by additional requirements applicable to Ynette R. Shelkin, paragraphs (f)(2)(i) through (vii) of this multiyear contracts for the acquisition Editor, Defense Acquisition Regulations section will be met by such contract, in of property, including deletion of one System. accordance with the Secretary’s requirement, but the addition of six new ■ Therefore, 48 CFR part 217 is certification and determination required requirements that the Secretary of amended as follows: by paragraph (e)(2) of this section (10 Defense must certify in writing in the ■ 1. The authority citation for 48 CFR U.S.C. 2306b(a)(1)(7)). year he requests legislative authority to part 217 continues to read as follows: * * * * * enter into a multiyear contract. Section (f) The head of the agency shall 811 requires the Secretary of Defense to Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. ensure that the following conditions are certify in writing, by no later than satisfied before awarding a multiyear March 1 of the year in which the PART 217—SPECIAL CONTRACTING contract under the authority described Secretary requests legislative authority METHODS in paragraph (b) of this section: to enter into a multiyear contract with (1) The multiyear exhibits required by respect to Major Defense Acquisition ■ 2. Section 217.170 is amended by DoD 7000.14–R, Financial Management Programs (MDAPs), that the Secretary of ■ a. Redesignating existing paragraphs Regulation, are included in the agency’s Defense has made certain cost savings (b), (c), and (d) as paragraphs (c), (d), budget estimate submission and the determinations with regard to such and (e), respectively; and President’s budget request. contract. ■ b. Adding new paragraph (b) to read (2) The Secretary of Defense certifies DoD has revised DFARS 217.1 as follows: to Congress in writing, by no later than accordingly. The revision to the DFARS 217.170 General. March 1 of the year in which the does not include 2306b(a)(1)–(5), which Secretary requests legislative authority was not revised by Section 811, and * * * * * to enter into such contracts, that each of which is covered at Federal Acquisition (b) Any requests for increased funding the conditions in paragraphs (f)(2)(i) Regulation (FAR) 17.105–1(b). These or reprogramming for procurement of a through (vii) of this section are satisfied FAR paragraphs remain applicable to major system under a multiyear contract (10 U.S.C. 2306b(i)(1)(A)–(G)). DOD, National Aeronautics and Space authorized under this section shall be (i) The Secretary has determined that Administration, and the Coast Guard. accompanied by an explanation of how each of the requirements in FAR 17.105, This rule was not subject to Office of the request for increased funding affects paragraphs (b)(1) through (6) will be met Management and Budget review under the determinations made by the by such contract and has provided the Executive Order 12866, dated Secretary of Defense under 217.172(e)(2) basis for such determination to the September 30, 1993. (10 U.S.C. 2306b(i)(1)). congressional defense committees (10 * * * * * U.S.C. 2306b(i)(1)(A)). B. Regulatory Flexibility Act ■ 3. Section 217.172 is amended by: (ii) The Secretary’s determination DoD does not expect this rule to have ■ a. Redesignating paragraphs (c) under paragraph (f)(2)(i) of this section a significant economic impact on a through (h) as paragraphs (d) through was made after the completion of a cost substantial number of small entities (i); analysis performed by the Cost within the meaning of the Regulatory ■ b. Adding new paragraph (c); and Assessment and Program Evaluation

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(CAPE) of the Department of Defense contract cancellation (10 U.S.C. finds, after negotiations with the and such analysis supports the findings 2306b(g)); and contractor(s), that the specified savings (10 U.S.C. 2306b(i)(1)(B)). (B) The head of the agency shall cannot be achieved, the head of the (iii) The system being acquired provide copies of the notification to the agency shall assess the savings that, pursuant to such contract has not been Office of Management and Budget at nevertheless, could be achieved by determined to have experienced cost least 14 days before contract award in using a multiyear contract. If the savings growth in excess of the critical cost accordance with the procedures at PGI are substantial, the head of the agency growth threshold pursuant to section 10 217.1. may request relief from the law’s U.S.C. 2433(d) within 5 years prior to (3) If the value of a multiyear contract specific savings requirement. The the date the Secretary anticipates such for a particular system or component request shall— contract (or a contract for advance exceeds $500 million, use of a multiyear (i) Quantify the savings that can be procurement entered into consistent contract is specifically authorized by— achieved; with the authorization for such contract) (i) An appropriations act (10 U.S.C. (ii) Explain any other benefits to the will be awarded (10 U.S.C. 2306b(l)(3)); and Government of using the multiyear 2306b(i)(1)(C)). (ii) A law other than an contract; (iv) A sufficient number of end items appropriations act (10 U.S.C. (iii) Include details regarding the of the system being acquired under such 2306b(i)(3)). negotiated contract terms and contract have been delivered at or (4) The contract is for the conditions; and within the most current estimates of the procurement of a complete and usable (iv) Be submitted to OUSD (AT&L) program acquisition unit cost or end item (10 U.S.C. 2306b(i)(4)(A)). DPAP for transmission to Congress via (5) Funds appropriated for any fiscal procurement unit cost for such system the Secretary of Defense and the year for advance procurement are to determine that current estimates of President. obligated only for the procurement of such unit costs are realistic (10 U.S.C. [FR Doc. 2010–2703 Filed 2–26–10; 8:45 am] those long-lead items that are necessary 2306b(i)(1)(D)). in order to meet a planned delivery BILLING CODE 5001–08–P (v) During the fiscal year in which schedule for complete major end items such contract is to be awarded, that are programmed under the contract sufficient funds will be available to to be acquired with funds appropriated DEPARTMENT OF COMMERCE perform the contract in such fiscal year, for a subsequent fiscal year (including and the future-years defense program for National Oceanic and Atmospheric an economic order quantity of such such fiscal year will include the funding Administration long-lead items when authorized by law required to execute the program without (10 U.S.C. 2306b(i)(4)(b)). cancellation (10 U.S.C. 2306b(i)(1)(E)). (6) The Secretary may make the 50 CFR Part 622 (vi) The contract is a fixed price type certification under paragraph (f)(2) of [Docket No. 090206140–91414–04] contract (10 U.S.C. 2306b(i)(1)(F)). this section notwithstanding the fact RIN 0648–AX39 (vii) The proposed multiyear contract that one or more of the conditions of provides for production at not less than such certification are not met if the minimum economic rates, given the Fisheries of the Caribbean, Gulf of Secretary determines that, due to Mexico, and South Atlantic; Reef Fish existing tooling and facilities. The head exceptional circumstances, proceeding of the agency shall submit to USD(C)(P/ Fishery of the Gulf of Mexico; with a multiyear contract under this Amendment 29 Supplement B) information supporting the agency’s section is in the best interest of the determination that this requirement has Department of Defense and the AGENCY: National Marine Fisheries been met (10 U.S.C. 2306b(i)(1)(G)). Secretary provides the basis for such Service (NMFS), National Oceanic and (viii) The head of the agency shall determination with the certification (10 Atmospheric Administration (NOAA), submit information supporting this U.S.C. 2306b(i)(5)). Commerce. certification to USD(C)(P/B) for (7) The Secretary of Defense may not ACTION: Final rule. transmission to Congress through the delegate this authority to make the Secretary of Defense. certification under 217.172(f)(2) or the SUMMARY: NMFS issues this final rule to (ix) In the case of a contract with a determination under 217.172(f)(6) to an supplement the regulations cancellation ceiling in excess of $100 official below the level of the Under implementing Amendment 29 to the million, if the budget for the contract Secretary of Defense for Acquisition, Fishery Management Plan for Reef Fish does not include proposed funding for Technology, and Logistics (10 U.S.C. Resources of the Gulf of Mexico (FMP), the costs of contract cancellation up to 2306b(i)(6)). as prepared and submitted by the Gulf the cancellation ceiling established in (8) The Secretary of Defense shall of Mexico Fishery Management Council the contract— send a notification containing the (Council). Amendment 29 established a (A) The head of the agency shall, as findings of the agency head under FAR multi-species individual fishing quota part of this certification, give written 17.105(b), and the basis for such (IFQ) program for the grouper and notification to the congressional defense findings, 30 days prior to the award of tilefish component of the commercial committees of— a multiyear contract or a defense sector of the reef fish fishery in the Gulf (1) The cancellation ceiling amounts acquisition program that has been of Mexico (Gulf) exclusive economic planned for each program year in the specifically authorized by law ((10 zone. This final rule removes several proposed multiyear contract, together U.S.C. 2306b(i)(7)). measures constraining harvest of with the reasons for the amounts (9) All other requirements of law are shallow-water grouper species that were planned; met and there are no other statutory inadvertently not removed in the final (2) The extent to which costs of restrictions on using a multiyear rule for Amendment 29, further clarifies contract cancellation are not included in contract for the specific system or existing criteria for approval of new the budget for the contract; and component (10 U.S.C. 2306b(i)(2)). One landing locations for both the red (3) A financial risk assessment of not such restriction may be the achievement snapper IFQ program and grouper and including the budgeting for costs of of specified cost savings. If the agency tilefish IFQ program, and provides a

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