14562 Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Rules and Regulations 

6.303–1 Requirements. 

* * * * * 

(b) The contracting officer shall not 

award a sole-source contract under the 

8(a) authority (15 U.S.C. 637(a)) for an 

amount exceeding $20 million unless— 

(1) The contracting officer justifies the 

use of a sole-source contract in writing 

in accordance with 6.303–2; 

(2) The justification is approved by 

the appropriate official designated at 

6.304; and 

(3) The justification and related 

information are made public after award 

in accordance with 6.305. 

* * * * * 

■ 5. Amend section 6.303–2 by— 

■ a. Redesignating paragraphs (a) and 

(b) as paragraphs (b) and (c), 

respectively; 

■ b. Adding a new paragraph (a); 

■ c. Revising newly redesignated 

paragraph (b) introductory text; and 

■ d. Adding a new paragraph (d). 

The added and revised text reads as 

follows: 

6.303–2 Content. 

(a) Each justification shall contain 

sufficient facts and rationale to justify 

the use of the specific authority cited. 

(b) As a minimum, each justification, 

except those for sole-source 8(a) 

contracts over $20 million (see 

paragraph (d) of this section), shall 

include the following information: 

* * * * * 

(d) As a minimum, each justification 

for a sole-source 8(a) contract over $20 

million shall include the following 

information: 

(1) A description of the needs of the 

agency concerned for the matters 

covered by the contract. 

(2) A specification of the statutory 

provision providing the exception from 

the requirement to use competitive 

procedures in entering into the contract 

(see 19.805–1). 

(3) A determination that the use of a 

sole-source contract is in the best 

interest of the agency concerned. 

(4) A determination that the 

anticipated cost of the contract will be 

fair and reasonable. 

(5) Such other matters as the head of 

the agency concerned shall specify for 

purposes of this section. 

6.304 [Amended] 

■ 6. Amend section 6.304 by removing 

from paragraph (a)(1) ‘‘6.303–2(a)(12)’’ 

and adding ‘‘6.303–2(b)(12)’’ in its place. 

PART 15—CONTRACTING BY 

NEGOTIATION 

15.607 [Amended] 

■ 7. Amend section 15.607 by removing 

from paragraph (b)(2) ‘‘6.303–2(b)’’ and 

adding ‘‘6.303–2(c)’’ in its place. 

PART 19—SMALL BUSINESS 

PROGRAMS 

■ 8. Amend section 19.808–1 by 

redesignating paragraphs (a) and (b) as 

paragraphs (b) and (c), respectively; and 

adding a new paragraph (a) to read as 

follows: 

19.808–1 Sole source. 

(a) The SBA may not accept for 

negotiation a sole-source 8(a) contract 

that exceeds $20 million unless the 

requesting agency has completed a 

justification in accordance with the 

requirements of 6.303. 

* * * * * 

[FR Doc. 2011–5554 Filed 3–15–11; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 10, 16, 44, and 52 

[FAC 2005–50; FAR Case 2008–007; Item 

IV; Docket 2010–0086, Sequence 1] 

RIN 9000–AL50 

Federal Acquisition Regulation; 

Additional Requirements for Market 

Research 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

SUMMARY: DoD, GSA, and NASA have 

adopted as final, with changes, the 

interim rule amending the Federal 

Acquisition Regulation (FAR) to 

implement section 826, Market 

Research, of the National Defense 

Authorization Act for Fiscal Year 2008. 

Section 826 requires the head of an 

agency to take appropriate steps to 

ensure that any prime contractor of a 

contract (or task order or delivery order) 

in an amount in excess of $5 million for 

the procurement of items other than 

commercial items engages in market 

research as necessary before making 

purchases. 

DATES: Effective Date: April 15, 2011. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lori Sakalos, Procurement Analyst, at 

(202) 208–0498, for clarification of 

content. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat at (202) 501– 

4755. Please cite FAC 2005–50, FAR 

Case 2008–007. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD, GSA, and NASA published an 

interim rule in the Federal Register at 

75 FR 34277 on June 16, 2010, to 

implement section 826, Market 

Research, of the National Defense 

Authorization Act for Fiscal Year 2008 

(Pub. L. 110–181). Section 826 

establishes additional requirements in 

subsection (c) of 10 U.S.C. 2377. As a 

matter of policy, these requirements are 

extended to all executive agencies. 

Specifically, the head of the agency 

must conduct market research before 

issuing an indefinite-delivery indefinitequantity task or delivery order for a 

noncommercial item in excess of the 

simplified acquisition threshold. In 

addition, a prime contractor with a 

contract in excess of $5 million for the 

procurement of items other than 

commercial items is required to conduct 

market research before making 

purchases that exceed the simplified 

acquisition threshold for or on behalf of 

the Government. Three respondents 

submitted 16 comments on the interim 

rule. 

II. Discussion/Analysis 

Public Comments: A discussion of the 

comments and the changes made to the 

rule as a result of those comments are 

provided as follows: 

A. Purpose 

1. Comment: One respondent stated 

that the guidance does not appear to 

explain the end purpose of the market 

research. Another respondent, however, 

concluded that the FAR states the 

purpose of the market research twice, in 

FAR 44.402(b) and 10.001(a)(3). The 

second respondent stated that the 

purpose for conducting market research 

is ‘‘clearly described in Part 10 and there 

is no reason to repeat that same 

language elsewhere in the FAR.’’ 

Response: The Defense Acquisition 

Regulations Council and the Civilian 

Agency Acquisition Council (the 

Councils) agree with the second 

respondent. FAR part 10 ‘‘prescribes 

policies and procedures for conducting 

market research to arrive at the most 

suitable approach to acquiring, 

distributing, and supporting supplies 

and services’’ (FAR 10.000). FAR 

10.001(a)(3) lists the ways in which the 


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results of the market research may be 

used. We believe that the end purpose 

of market research is exhaustively 

covered in FAR part 10. We also agree 

that there is no need to repeat this 

material in FAR subpart 44.4, and the 

final rule removes the redundant 

material. 

2. Comment: A respondent noted that 

competitively awarded indefinitedelivery indefinite-quantity contracts 

are priced as a result of market forces. 

Conducting market research prior to the 

award of individual task orders ‘‘will 

only be looking at the scope of Task 

Order* * * (and) is redundant to the 

market research already required by 

FAR for the (indefinite-delivery 

indefinite-quantity) contract.’’ It is 

unlikely to result in more competition 

or better pricing, according to the 

respondent. 

Response: The Councils note that the 

purpose of market research is to 

effectively identify, on an on-going 

basis, the capabilities of small 

businesses and new entrants into 

Federal contracting that are available in 

the marketplace for meeting the 

requirements of the agency. The 

Councils disagree with the respondent’s 

contention that more competition or 

better pricing are unlikely to result. 

(Also see responses at II.F., Burden.) 

B. Location in FAR 

1. Comment: A respondent noted that, 

while FAR part 10 contains scant detail 

on market research, there are existing 

market research techniques and 

information embedded in chapter 2 of 

the DoD Commercial Item (CI) 

Handbook at http://www.acq.osd.mil/ 

dpap/Docs/cihandbook.pdf. The 

respondent stated that the Handbook 

might be instructive for executive 

agencies to use as part of any training 

requirements. 

Response: This comment is outside 

the scope of the FAR case. However, it 

has been forwarded to both the Defense 

Acquisition University and the Federal 

Acquisition Institute for their 

consideration. The current Commercial 

Item Handbook (version 1.0) was 

published November 2001 and is 

currently in revision. 

2. Comment: A respondent stated its 

conclusion that the section 826 

requirement for contractors with 

contracts exceeding $5 million to 

perform market research for ‘‘other than 

commercial items’’ is misplaced because 

the title of FAR subpart 44.4 is 

‘‘Subcontracts for Commercial Items and 

Commercial Components.’’ The 

respondent suggested that a better 

location for the statutory requirement 

would be at FAR 44.303. 

Response: The Councils agree that the 

requirement was misplaced in FAR 

subpart 44.4 and have relocated the 

clause prescription to FAR part 10, 

Market Research (rather than FAR 

subpart 44.3, as suggested by the 

respondent). The statute and policy 

require contractors to conduct market 

research in certain circumstances (when 

the contract is over $5 million for the 

procurement of items other than 

commercial items); whether the 

subcontract is for commercial or other 

than commercial items is immaterial to 

the contractor’s requirement to conduct 

market research. The statute encourages 

contractors and subcontractors to use 

commercial items. The FAR is amended 

to delete the subject of market research 

from subpart 44.4, and the ‘‘Scope of 

subpart’’ section, FAR 44.400, is being 

revised accordingly. The Councils 

believe that the coverage is better 

located in FAR part 10 rather than FAR 

subpart 44.3, as the respondent 

suggested, because the latter subpart is 

exclusive to Contractors’ Purchasing 

Systems Reviews. 

3. Comment: A respondent stated that 

FAR 52.244–6 is intended to limit the 

clauses that a FAR part 15 prime 

contractor is required to flow down to 

a subcontractor selling commercial 

items. The respondent stated its belief 

that the new Alternate I to the clause is 

unnecessary. The respondent also 

concluded that the existing FAR part 10 

market research language should not be 

restated there. Last, the respondent 

questioned the need for the added 

language about ‘‘procuring commercial 

items,’’ when the focus of section 826 is 

on procurement of ‘‘other than 

commercial items.’’ 

Response: The Councils agree that 

Alternate I to FAR 52.244–6 is 

unnecessary and not relevant to 

subcontracts for commercial items. By 

removing discussion of market research 

from FAR subpart 44.4, there will no 

longer be a redundant discussion of 

FAR part 10 material in FAR subpart 

44.4. The Councils agree with the 

respondent that the focus of section 826 

is on the procurement of other than 

commercial items. Relocating the 

requirement for contractors to conduct 

market research to FAR part 10 better 

aligns the FAR coverage with the 

statute. The Councils have retained the 

requirement, at section 826(a) (10 U.S.C. 

2377(c)(4)), for a contractor with a 

contract over $5 million for the 

procurement of other than commercial 

items to conduct market research. 

However, the Councils have added the 

requirement as a new FAR clause, 

52.210–1, Market Research, prescribed 

at FAR 10.003, Contract clause. Because 

the statute requires the conduct of 

market research by a contractor awarded 

task orders or delivery orders over $5 

million for items other than commercial 

items, we have added a cross-reference 

to the requirement to FAR subpart 16.5. 

C. Clarification of FAR Language 

1. Comment: A respondent concluded 

that the interim rule confuses the prime 

contractor’s role in procuring supplies 

and services to support its deliverable to 

the Government, i.e., subcontracting, 

with the unique and completely distinct 

role of a prime contractor holding a 

contract to operate a Government 

facility and act in the place of the 

Government in procuring supplies and 

services solely to support the activities 

at the Government facility, i.e., acting as 

an agent of the Government. 

Response: The Councils eliminated 

the ‘‘purchasing agent’’ language by 

deleting the Alternate I to FAR 52.244– 

6. The Councils also created a new FAR 

clause 52.210–1, Market Research. 

2. Comment: A respondent noted that 

there is a significant difference between 

the section 826 requirement to conduct 

market research ‘‘as may be necessary’’ 

and the FAR 44.402(b) requirement to 

conduct market research ‘‘to the 

maximum extent practicable.’’ The 

respondent requested that the language 

from section 826 be used so that 

contractors will have the ability to tailor 

their market research as necessary to 

reflect their knowledge and experience 

of the supplies and services being 

procured. 

Response: The Councils do not agree 

with the respondent. The Government 

has interpreted ‘‘as may be necessary’’ to 

mean ‘‘to the maximum extent 

practicable.’’ In any case, the term ‘‘to 

the maximum extent practicable’’ has 

been removed from the case, as the 

coverage for FAR 44.402(b) has been 

deleted from the rule. 

D. Application 

1. Comment: According to the 

respondent, mixing the discussion of a 

contractor’s possible roles of 

subcontracting and acting as the 

Government’s agent has created a lower 

standard for ‘‘agents.’’ As written, the 

respondent stated, the language requires 

contractors to perform the necessary 

market research whenever procuring 

other than commercial items, but 

purchasing agents are only required to 

perform market research when 

procuring other-than-commercial items 

with a value over the simplified 

acquisition threshold. The respondent 

questioned the need for this distinction. 

Response: The Councils agree that 

there need not be any distinction 


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between the contractor acting as a 

subcontractor and the contractor ‘‘acting 

as a purchasing agent.’’ The language 

has been removed from FAR subpart 

44.4. 

2. Comment: A respondent 

recommended requiring the conduct of 

market research prior to the award of 

each task order issued under an 

indefinite-delivery indefinite-quantity 

contract that was awarded on a solesource basis. 

Response: The Councils disagree with 

the respondent because the clear 

language of the statute, section 826(c), 

establishes a requirement for the 

conduct of market research appropriate 

to the circumstances prior to awarding 

a task order or delivery order in excess 

of the simplified acquisition threshold 

for the procurement of items other than 

commercial items. The statute does not 

limit the market research requirements 

to task orders or delivery orders 

awarded against sole-source indefinitedelivery contracts. Although this is 

mandatory for DoD and not for civilian 

agencies, the language was applied to 

civilian agencies for uniformity across 

the Government. See also the response 

to the second comment at II.A., Purpose, 

and the responses at II.E., Exceptions. 

E. Exceptions 

1. Comment: One respondent stated 

that the addition of a new paragraph (d) 

at FAR 10.001, Policy, only applies to 

‘‘(A) contingency operation or defense 

against or recovery from nuclear, 

biological, chemical, or radiological 

attack; and (B) disaster relief * * *’’. For 

that reason, the respondent believes that 

the same applicability should be added 

to FAR 44.402, as paragraph (d) 

outlines. The respondent noted that, 

without this change, there would be a 

negative impact on indefinite-delivery 

indefinite-quantity contracts. 

Response: The respondent’s 

assumptions about the applicability are 

not correct. The requirement for 

agencies to conduct market research for 

disaster relief and contingency 

operations already existed at FAR 

10.001(a)(2). 

2. Comment: A respondent claimed 

that indefinite-quantity contracts set 

aside for Small Business Administration 

(SBA) categories, such as the 8(a) 

program and small disadvantaged 

business, should be exempt from market 

research requirements because the 

intent is to facilitate the SBA in 

supporting these ‘‘specialty market 

segments.’’ The respondent notes that 

this market segment historically is very 

committed and can be relied upon to 

self-police. 

Response: The SBA’s current 

socioeconomic programs offering 

eligible program participants 

contractual opportunities are the section 

8(a) program, HUBZone program, and 

the service-disabled veteran-owned 

small business concern program. The 

SBA has finalized the regulations that 

will provide guidance for the womenowned small business Federal contract 

program. The rule was published in the 

Federal Register on October 7, 2010 

(75 FR 66258). The SBA does not have 

a small and disadvantaged business 

(SDB) program offering SDB set-asides. 

However, the SBA’s 8(a) firms may 

represent themselves as SDBs for 

Federal contracts and subcontracts to 

include task- and delivery-orders under 

indefinite-delivery contracts. 

Performing market research for taskand delivery-orders will not diminish 

opportunities for agencies to establish 

set-asides for small-business concerns 

or, when appropriate, award sole-source 

contracts for indefinite-delivery 

contracts. Market research performed by 

prime contractors will also enhance 

subcontracting opportunities for smallbusiness concerns. Careful attention to 

market-research strategies is an effective 

method for creating contract 

opportunities for small-business 

concerns. It provides them with an 

awareness of forthcoming procurements. 

In turn, the market research provides a 

vehicle for the small-business concern 

to market its capabilities to the 

Government and its contractors. FAR 

part 10 currently supports market 

research for small business concerns 

and requires agencies to take advantage 

of commercially available market 

research methods in order to effectively 

identify the capabilities of small 

businesses. The final rule will not limit 

an entity’s ability to utilize the SBA’s 

small business programs. 

F. Burden 

1. Comment: A respondent noted that 

at least one agency uses multiple-award 

contracts for construction. Each task 

order is competed, which the 

respondent stated ensures that ‘‘the full 

force of the marketplace is apparent in 

the pricing of competitiveness of each 

award.’’ In addition, each prime 

contractor is continually reviewing the 

performance and prices of all its 

subcontractors. The respondent stated 

that having the Government perform 

additional market research in this 

market segment is a waste of time and 

money. 

Response: The Councils do not agree 

with the respondent. Given the 

continuously changing circumstances 

and entry of new businesses, on-going 

market research is not a waste of 

manpower and taxpayers’ money. 

Further, the respondent addresses the 

Government’s performance of additional 

market research, but the statute also 

places the on-going market research 

requirement on the prime contractor in 

these circumstances. There is no reason 

why a multiple-award construction 

contract should be treated any 

differently than any multiple-award 

contract. 

2. Comment: A respondent expressed 

concern about the negative impact 

caused by the time and effort required 

for each market survey. Fiscal year-end 

solicitations and awards may be slowed 

to the point of making awards 

impossible. 

Response: The Councils cannot waive 

statutory requirements simply because 

compliance will take time. In an effort 

to enhance uniformity and consistency, 

the DoD statutory mandate was 

intentionally extended to all executive 

agencies, consistent with 

Governmentwide applications being 

sought in other competition matters by 

the Office of Federal Procurement 

Policy. The Councils also point the 

respondent to FAR 10.002(b)(1), which 

notes that the ‘‘extent of market research 

will vary, depending on such factors as 

urgency, estimated dollar value, 

complexity, and past experience.’’ 

Further, the Councils note that FAR 

10.002(b)(1) clearly states that the 

market research effort for a new task 

order or delivery order need not be de 

novo in every case; the ‘‘contracting 

officer may use market research 

conducted within 18 months before the 

award of any task or delivery order if 

the information is still current, accurate, 

and relevant’’ (emphasis added). 

3. Comment: The respondent stated 

that the requirement for market research 

will greatly impede the award of task 

orders, slowing fiscal year-end awards 

to the point of impossibility and 

negatively impacting Base Operating 

Support/Service (BOS) contracts. The 

respondent noted that BOS contracts 

have performance-based elements that 

ensure the contractor has incentives for 

efficiencies that will result in 

substantive savings in cost and 

schedule. Time has proven that having 

a single contractor responsible for the 

full scope of a contract effort enables 

tradeoffs by the contractor that result in 

better overall performance and savings, 

according to the respondent, than would 

intermittent market research. 

Response: Whatever the respondent’s 

experience with BOS contracts 

containing performance-based elements, 

the Councils note that the statute 

requires the conduct of market research 


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for both single-award and multipleaward indefinite-delivery contracts. The 

point of having contractors conduct 

market research, as stated in the law, is 

to identify commercial or 

nondevelopmental items that may be 

available to meet the agency’s needs, not 

to identify efficiency trade-offs within 

the contractor’s operations. Both efforts 

can proceed in tandem. 

Finally, this final rule makes several 

conforming changes and technical 

corrections as a result of public 

comments received: 

1. The language added to FAR 

52.244–6 (Alternate I) is relocated to a 

new FAR clause 52.210–1, Market 

Research; 

2. A prescription for the new clause 

is added at FAR 10.003, Contract clause; 

and 

3. A cross-reference for the clause is 

added at FAR 16.506(h) when the 

contract is over $5 million for the 

procurement of items other than 

commercial items. 

III. Executive Order 12866 

This is a significant regulatory action 

and, therefore, was subject to review 

under Section 6(b) of Executive Order 

12866, Regulatory Planning and Review, 

dated September 30, 1993. This rule is 

not a major rule under 5 U.S.C. 804. 

IV. Regulatory Flexibility Act 

DoD, GSA, and NASA certify that this 

final 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 of the 

high dollar threshold, non-applicability 

to contracts for commercial items 

(including commercial items that are 

services), and non-applicability to 

subcontracts for commercial items 

(including commercial items that are 

services). DoD, GSA, and NASA 

anticipate that the required market 

research is likely to increase the number 

of small businesses identified as able to 

provide commercial or 

nondevelopmental items as 

subcontractors. Any impact to small 

businesses is positive because their 

commercial and nondevelopmental 

items are more likely to be discovered 

as a result of these market research 

requirements. No comments were 

received from small entities in response 

to the invitation to do so included in the 

interim rule. 

V. Paperwork Reduction Act 

The final rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Parts 10, 16, 

44, and 52 

Government procurement. 

Dated: March 4, 2011. 

Millisa Gary, 

Acting Director, Office of Governmentwide 

Acquisition Policy. 

Interim Rule Adopted as Final With 

Changes 

Accordingly, the interim rule 

amending 48 CFR parts 10, 16, 44, and 

52, which was published in the Federal 

Register at 75 FR 34277, June 16, 2010, 

is adopted as final with the following 

changes: 

■ 1. The authority citation for 48 CFR 

parts 10, 16, 44, 52 continues to read as 

follows: 

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 42 U.S.C. 2473(c). 

PART 10—MARKET RESEARCH 

■ 1. Amend section 10.001 by revising 

paragraph (d) to read as follows: 

10.001 Policy. 

* * * * * 

(d) See 10.003 for the requirement for 

a prime contractor to perform market 

research in contracts in excess of $5 

million for the procurement of items 

other than commercial items in 

accordance with section 826 of Public 

Law 110–181. 

■ 2. Add section 10.003 to read as 

follows: 

10.003 Contract clause. 

The contracting officer shall insert the 

clause at 52.210–1, Market Research, in 

solicitations and contracts over $5 

million for the procurement of items 

other than commercial items. 

PART 16—TYPES OF CONTRACTS 

■ 3. Amend section 16.506 by adding 

paragraph (h) to read as follows: 

16.506 Solicitation provisions and 

contract clauses. 

* * * * * 

(h) See 10.001(d) for insertion of the 

clause at 52.210–1, Market Research, 

when the contract is over $5 million for 

the procurement of items other than 

commercial items. 

PART 44—SUBCONTRACTING 

POLICIES AND PROCEDURES 

■ 4. Revise section 44.400 to read as 

follows: 

44.400 Scope of subpart. 

This subpart prescribes the policies 

limiting the contract clauses a 

contractor may be required to apply to 

any subcontractors that are furnishing 

commercial items or commercial 

components in accordance with section 

8002(b)(2) of Public Law 103–355. 

44.402 [Amended] 

■ 5. Amend section 44.402 by removing 

paragraph (b) and redesignating 

paragraphs (c) and (d) as paragraphs (b) 

and (c), respectively. 

■ 6. Revise section 44.403 to read as 

follows: 

44.403 Contract clause. 

The contracting officer shall insert the 

clause at 52.244–6, Subcontracts for 

Commercial Items, in solicitations and 

contracts other than those for 

commercial items. 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

■ 7. Add section 52.210–1 to read as 

follows: 

52.210–1 Market Research. 

As prescribed in 10.003, insert the 

following clause: 

Market Research (APR 2011) 

(a) Definition. As used in this clause— 

Commercial item and nondevelopmental 

item have the meaning contained in Federal 

Acquisition Regulation 2.101. 

(b) Before awarding subcontracts over the 

simplified acquisition threshold for items 

other than commercial items, the Contractor 

shall conduct market research to— 

(1) Determine if commercial items or, to 

the extent commercial items suitable to meet 

the agency’s needs are not available, 

nondevelopmental items are available that— 

(i) Meet the agency’s requirements; 

(ii) Could be modified to meet the agency’s 

requirements; or 

(iii) Could meet the agency’s requirements 

if those requirements were modified to a 

reasonable extent; and 

(2) Determine the extent to which 

commercial items or nondevelopmental 

items could be incorporated at the 

component level. 

(End of clause) 

52.244–6 [Amended] 

■ 8. Amend section 52.244–6 by 

removing from the introductory text 

‘‘44.403(a),’’ and adding ‘‘44.403,’’ in its 

place; and removing Alternate I. 

[FR Doc. 2011–5555 Filed 3–15–11; 8:45 am] 

BILLING CODE 6820–EP–P 


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