54526 Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Rules and Regulations 

program manager or other official 

responsible for the requirement, at a 

level specified by the agency, should 

execute the certification. 

[FR Doc. 2010–22226 Filed 9–7–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 217 

[DFARS Case 2008–D023] 

Defense Federal Acquisition 

Regulation Supplement; Additional 

Requirements Applicable to Multiyear 

Contracts 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is adopting as final, with 

minor editorial corrections, an interim 

rule amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement the National 

Defense Authorization Act for Fiscal 

Year 2008, section 811, entitled 

‘‘Requirements Applicable to Multiyear 

Contracts for the Procurement of Major 

Systems of the Department of Defense.’’ 

DATES: Effective Date: September 8, 

2010. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Meredith Murphy, Defense Acquisition 

Regulations System, OUSD (AT&L), 

DPAP/DARS, 3060 Defense Pentagon, 

Room 3B855, Washington, DC 20301– 

3060. Telephone 703–602–1302; 

facsimile 703–602–0350. Please cite 

DFARS Case 2008–D023. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DoD published an interim rule at 75 

FR 9114 on March 1, 2010, to 

implement section 811 of the National 

Defense Authorization Act for Fiscal 

Year 2008 (Pub. L. 110–181), enacted 

January 28, 2008. The period for public 

comment closed on April 30, 2010. The 

interim rule revised DFARS 217.170 and 

217.172 to add six new requirements to 

which the Secretary of Defense must 

certify in writing when requesting 

congressional authorization to enter into 

a multiyear contract for a major defense 

acquisition program. Among these 

requirements is the need to certify to 

certain cost-savings determinations. 

DoD received no comments on the 

interim rule. Therefore, DoD is 

finalizing the interim rule with minor 

editorial corrections only. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. This is not a major 

rule under 5 U.S.C. 804. 

B. Regulatory Flexibility Act 

DoD certifies that this rule will not 

have a significant economic impact on 

a substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., 

because the additional requirements 

apply solely to internal Government 

operating procedures. The rule 

implements section 811 of the National 

Defense Authorization Act for Fiscal 

Year 2008 (Pub. L. 110–181), which 

only imposes new responsibilities on 

the Secretary of Defense when 

requesting congressional authorization 

to enter into a multiyear contract for a 

major defense acquisition program. 

Therefore, the rule will have no 

significant cost or administrative impact 

on contractors or offerors. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the rule does not 

impose any information collection 

requirements that require the approval 

of the Office of Management and Budget 

under 44 U.S.C. 3501, et seq. 

List of Subjects in 48 CFR Part 217 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, the interim rule published 

at 75 FR 9114 on March 1, 2010, is 

adopted as final with the following 

changes: 

■ 1. The authority citation for 48 CFR 

part 217 continues to read as follows: 

Authority: 41 U.S.C. 421 and 48 CFR 

chapter 1. 

PART 217—SPECIAL CONTRACTING 

METHODS 

■ 2. Section 217.170 is amended by 

revising paragraph (b) to read as follows: 

217.170 General. 

* * * * * 

(b) Any requests for increased funding 

or reprogramming for procurement of a 

major system under a multiyear contract 

authorized under this section shall be 

accompanied by an explanation of how 

the request for increased funding affects 

the determinations made by the 

Secretary of Defense under 217.172(f)(2) 

(10 U.S.C. 2306b(i)(1)). 

* * * * * 

■ 3. Section 217.172 is amended by 

revising paragraphs (d)(2) and (f)(2) 

introductory text to read as follows: 

217.172 Multiyear contracts for supplies. 

* * * * * 

(d) * * * 

(2) In addition, for contracts equal to 

or greater than $500 million, the head of 

the contracting activity must determine 

that the conditions required by 

paragraphs (f)(2)(i) through (vii) of this 

section will be met by such contract, in 

accordance with the Secretary’s 

certification and determination required 

by paragraph (f)(2) of this section (10 

U.S.C. 2306b(a)(1)(7)). 

* * * * * 

(f) * * * 

(2) The Secretary of Defense certifies 

to Congress in writing, by no later than 

March 1 of the year in which the 

Secretary requests legislative authority 

to enter into such contracts, that each of 

the conditions in paragraphs (f)(2)(i) 

through (vii) of this section is satisfied 

(10 U.S.C. 2306b(i)(1)(A)–(G). 

* * * * * 

[FR Doc. 2010–22232 Filed 9–7–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 217 

Defense Federal Acquisition 

Regulation Supplement; Payment of 

Costs Prior to Definitization— 

Definition of Contract Action (DFARS 

Case 2009–D035) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is adopting as final, 

without change, an interim rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement the National 

Defense Authorization Act for Fiscal 

Year 2010 to amend the definition of 

‘‘contract action’’ to include task orders 

and delivery orders. 

DATES: Effective Date: September 8, 

2010. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Meredith Murphy, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP/DARS, 3060 Defense Pentagon, 

Room 3B855, Washington, DC 20301– 

3060. Telephone 703–602–1302; 

facsimile 703–602–0350. Please cite 

DFARS Case 2009–D035. 

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