Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Rules and Regulations 65559 

detailed instructions binding the 

nominee to act in a specified manner. 

With respect to proxies given without 

full and detailed instructions, a 

statement showing the number of such 

proxies, by whom given and received, 

and the percentage of outstanding stock 

represented by each proxy shall be 

submitted by the licensee or permittee 

if the stock covered by such proxies has 

been voted. However, when the licensee 

or permittee is a corporation having 

more than 50 stockholders, such 

complete information need be filed only 

with respect to proxies given by 

stockholders who are officers or 

directors, or who have 1% or more of 

the corporation’s voting stock. When the 

licensee or permittee is a corporation 

having more than 50 stockholders and 

the stockholders giving the proxies are 

not officers or directors or do not hold 

1% or more of the corporation’s stock, 

the only information required to be filed 

is the name of any person voting 1% or 

more of the stock by proxy, the number 

of shares voted by proxy by such 

person, and the total number of shares 

voted at the particular stockholders’ 

meeting in which the shares were voted 

by proxy. 

* * * * * 

(d) Other agreements: Subchannel 

leasing agreements for Subsidiary 

Communications Authorization 

operation; franchise/leasing agreements 

for operation of telecommunications 

services on the television vertical 

blanking interval and in the visual 

signal; time sales contracts with the 

same sponsor for 4 or more hours per 

day, except where the length of the 

events (such as athletic contests, 

musical programs and special events) 

broadcast pursuant to the contract is not 

under control of the station; and 

contracts with chief operators or other 

engineering personnel. 

PART 74—EXPERIMENTAL RADIO, 

AUXILIARY, SPECIAL BROADCAST 

AND OTHER PROGRAM 

DISTRIBUTIONAL SERVICES 

■ 6. The authority citation for part 74 

continues to read as follows: 

Authority: 47 U.S.C. 154, 302a, 303, 307, 

309, 310, 336 and 554. 

§ 74.780 [Amended] 

■ 7. Section 74.780 is amended by 

revising the entry for ‘‘Section 

73.3613—Filing of contracts (network 

affiliation contracts for low power TV 

stations only)’’ to read ‘‘Section 

73.3613—Availability to FCC of station 

contracts (network affiliation contracts 

for low power TV stations only)’’. 

[FR Doc. 2018–26595 Filed 12–20–18; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 216 

[Docket DARS–2018–0058] 

RIN 0750–AK21 

Defense Federal Acquisition 

Regulation Supplement: Modification 

of the Limitations on Single-Source 

Task or Delivery Order Contracts 

(DFARS Case 2018–D060) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement a section of the 

National Defense Authorization Act for 

Fiscal Year 2019 that modifies the 

limitations on awarding single-source 

task or delivery order contracts 

exceeding $112 million. 

DATES: Effective December 21, 2018. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Carrie Moore, telephone 571–372–6093. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is amending the DFARS to 

implement section 816 of the National 

Defense Authorization Act (NDAA) for 

Fiscal Year (FY) 2019. Section 816 

amends 10 U.S.C. 2304a(d)(3)(A) by 

modifying the limitations on singlesource task or delivery order contracts. 

Currently, FAR 16.504(c)(1)(ii)(D)(1)(i) 

prohibits the award of a task or delivery 

order contract in an amount exceeding 

$112 million to a single source unless 

the head of the agency determines that 

the orders expected under the contract 

are so integrally related that only a 

single source can reasonably perform 

the work. Section 816 amends this 

limitation in 10 U.S.C. 2304a to require 

the head of the agency to determine that 

only a single source can ‘‘efficiently 

perform the work,’’ instead of 

‘‘reasonably perform the work’’ as 

required by 41 U.S.C. 4103. This rule 

adds text to DFARS 216.504 to require 

agency heads to make the determination 

required by section 816, in lieu of the 

determination at FAR 

16.504(c)(1)(ii)(D)(1)(i). In addition, 

editorial changes are made in DFARS 

215.504(c) to add paragraph headings 

and renumber subparagraphs to align 

with the FAR. 

II. Applicability to Contracts at or 

Below the Simplified Acquisition 

Threshold and for Commercial Items, 

Including Commercially Available Offthe-Shelf Items 

This rule does not create any new 

provisions or clauses or impact any 

existing provisions or clauses. 

III. Publication of This Final Rule for 

Public Comment Is Not Required by 

Statute 

The statute that applies to the 

publication of the Federal Acquisition 

Regulation (FAR) is Office of Federal 

Procurement Policy statute (codified at 

title 41 of the United States Code). 

Specifically, 41 U.S.C. 1707(a)(1) 

requires that a procurement policy, 

regulation, procedure or form (including 

an amendment or modification thereof) 

must be published for public comment 

if it relates to the expenditure of 

appropriated funds, and has either a 

significant effect beyond the internal 

operating procedures of the agency 

issuing the policy, regulation, 

procedure, or form, or has a significant 

cost or administrative impact on 

contractors or offerors. This final rule is 

not required to be published for public 

comment, because it only impacts 

determination and documentation 

processes that are internal to the agency. 

IV. Executive Orders 12866 and 13563 

Executive Order (E.O.) 12866, 

Regulatory Planning and Review; and 

E.O. 13563, Improving Regulation and 

Regulatory Review, direct agencies to 

assess all costs and benefits of available 

regulatory alternatives and, if regulation 

is necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. The Office of Management 

and Budget, Office of Information and 

Regulatory Affairs, has determined that 

this is not a significant regulatory action 

as defined under section 3(f) of E.O. 

12866 and, therefore, was not subject to 

review under section 6(b). This rule is 

not a major rule as defined at 5 U.S.C. 

804(2). 


amozie on DSK3GDR082PROD with RULES
65560 Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Rules and Regulations 

V. Executive Order 13771 

This rule is not an E.O. 13771 

regulatory action, because this rule is 

not significant under E.O. 12866. 

VI. Regulatory Flexibility Act 

Because a notice of proposed 

rulemaking and an opportunity for 

public comment are not required to be 

given for this rule under 41 U.S.C. 

1707(a)(1) (see section III. of this 

preamble), the analytical requirements 

of the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) are not applicable. 

Accordingly, no regulatory flexibility 

analysis is required, and none has been 

prepared. 

VII. Paperwork Reduction Act 

The 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 Part 216 

Government procurement. 

Jennifer Lee Hawes, 

Regulatory Control Officer, Defense 

Acquisition Regulations System. 

Therefore, 48 CFR part 216 is 

amended as follows: 

PART 216—TYPES OF CONTRACTS 

■ 1. The authority citation for part 216 

continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

■ 2. Amend section 216.504 by— 

■ a. Adding headings to paragraphs (c) 

and (c)(1); and 

■ b. Revising paragraph (c)(1)(ii)(D). 

The additions and revision read as 

follows: 

216.504 Indefinite-quantity contracts. 

(c) Multiple award preference—(1) 

Planning the acquisition. (ii)(D) A copy 

of each determination made in 

accordance with FAR 16.504(c)(1)(ii)(D) 

shall be submitted to the Director, 

Defense Procurement and Acquisition 

Policy, via the OUSD(AT&L)DPAP/CPIC 

email address at osd.pentagon.ousdatl.mbx.cpic@mail.mil. 

(1) The authority to make the 

determination authorized in FAR 

16.504(c)(1)(ii)(D)(1) shall not be 

delegated below the level of the senior 

procurement executive. 

(i) In accordance with section 816 of 

the National Defense Authorization Act 

for Fiscal Year 2019 (Pub. L. 115–232), 

when making the determination at FAR 

16.504(c)(1)(ii)(D)(1)(i), the agency head 

shall determine that the task or delivery 

orders expected under the contract are 

so integrally related that only a single 

source can ‘‘efficiently perform the 

work,’’ instead of ‘‘reasonably perform 

the work’’ as required by the FAR. 

[FR Doc. 2018–27560 Filed 12–20–18; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 225 and 252 

[Docket DARS–2018–0004] 

RIN 0750–AJ22 

Defense Federal Acquisition 

Regulation Supplement: Restrictions 

on Acquisitions From Foreign Sources 

(DFARS Case 2017–D011) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement sections of the 

National Defense Authorization Act for 

Fiscal Year 2017 to apply domestic 

source requirements to acquisitions at or 

below the simplified acquisition 

threshold when acquiring athletic 

footwear to be furnished to enlisted 

members of the Armed Forces upon 

their initial entry into the Armed 

Forces, and add Australia and the 

United Kingdom to the definition of the 

‘‘National Technology and Industrial 

Base.’’ 

DATES: Effective December 21, 2018. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy G. Williams, telephone 571–372– 

6106. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 83 FR 42828 on 

August 24, 2018, to implement sections 

817 and 881(b) of the National Defense 

Authorization Act (NDAA) for Fiscal 

Year (FY) 2017. 

Section 817 extends the domestic 

source requirements of 10 U.S.C. 2533a 

(the Berry Amendment) below the 

simplified acquisition threshold, when 

acquiring athletic footwear to be 

furnished to the members of the Army, 

Navy, Air Force, or Marine Corps upon 

their initial entry into the Armed 

Forces. 

Section 881(b) amends 10 U.S.C. 

2500(1) by adding Australia and the 

United Kingdom of Great Britain and 

Northern Ireland to the United States 

and Canada as the countries within 

which the activities of the national 

technology and industrial base are 

conducted. 10 U.S.C. 2534, 

Miscellaneous Limitations on the 

Procurement of Goods Other Than 

United States Goods, requires that DoD 

only procure certain items if the 

manufacturer of the items is part of the 

national technology and industrial base. 

One respondent submitted a public 

comment in response to the proposed 

rule. 

II. Discussion and Analysis 

The public comment received 

addressed concern with regard to 

importation of radioactive steel and use 

of radioactively contaminated scrap 

metal. This issue is outside the scope of 

this rule. There were no changes from 

the proposed rule as a result of this 

public comment. 

However, the final rule is affected by 

a change in the baseline. On May 30, 

2018, DoD published a final rule in the 

Federal Register (83 FR 24890) to 

amend the DFARS to implement section 

813(a) of the NDAA for FY 2018 (Pub. 

L. 115–91), which amended 10 U.S.C. 

2534(c) to establish a sunset date of 

October 1, 2018, for the limitation on 

procurement of chemical weapons 

antidote contained in automatic 

injectors (and components for such 

injectors). The final rule deleted DFARS 

225.7005 in its entirety to remove the 

limitation as implemented in the 

DFARS. As a result, this final rule does 

not include the changes proposed to 

DFARS 225.7005–1. 

III. Applicability to Contracts at or 

Below the Simplified Acquisition 

Threshold and for Commercial Items, 

Including Commercially Available Offthe-Shelf Items 

This rule amends the applicability of 

existing DFARS solicitation provisions 

and contract clauses as follows: 

• To implement section 817 of the 

NDAA for FY 2017, this rule extends 

use of DFARS clause 252.225–7012, 

Preference for Certain Domestic 

Commodities, to acquisitions at or 

below the simplified acquisition 

threshold (SAT) when buying athletic 

footwear to be furnished to enlisted 

members of the Armed Forces upon 

their initial entry into the Armed 

Forces. This clause is already prescribed 

for use in solicitations and contracts 

using FAR part 12 procedures for the 

acquisition of commercial items, 

including commercially available offthe-shelf (COTS) items. 


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