10452 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Proposed Rules 

applies to television broadcast licensees 

would apply to these stations. The SBA 

defines a television broadcast station as 

a small business if such station has no 

more than $38.5 million in annual 

receipts. As of September 30, 2014, 

there are approximately 430 licensed 

Class A stations and 2,115 licensed 

LPTV stations. Given the nature of these 

services, we will presume that all of 

these licensees qualify as small entities 

under the SBA definition. We note, 

however, that under the SBA’s 

definition, revenue of affiliates that are 

not LPTV stations should be aggregated 

with the LPTV station revenues in 

determining whether a concern is small. 

Our estimate may thus overstate the 

number of small entities since the 

revenue figure on which it is based does 

not include or aggregate revenues from 

non-LPTV affiliated companies. 

D. Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements 

55. There may be changes to reporting 

or recordkeeping requirements if the 

Commission adopts the RUFRN 

proposal for Form 323 and/or Form 

323–E. In the event that the RUFRN 

proposal is adopted for the Form 323 

and/or Form 323–E, filers will have the 

option to obtain and report a unique 

identifier for individual attributable 

interest holders that does not require 

submission of a full SSN to the 

Commission. Adoption of this proposal 

will allow an individual to obtain an 

RUFRN from CORES by submitting an 

alternate set of identifying information. 

Individuals would not be required to 

obtain or report an RUFRN on the Form 

323 and/or Form 323–E—instead, 

individuals could obtain and report a 

CORES FRN. An individual who has 

provided a CORES FRN on one or more 

previous ownership filings may 

continue to use that CORES FRN going 

forward. There also may be changes to 

reporting or recordkeeping requirements 

if the Commission limits or eliminates 

that availability of SUFRNs for 

broadcast ownership reports. Filers may 

be obligated to instruct individuals 

about their obligation to supply the filer 

with a CORES FRN or RUFRN or to 

provide the filer with the information 

sufficient to obtain one of these 

identifiers on the individual’s behalf. A 

filer may also be required to inform 

individuals about potential enforcement 

action for failure to obtain or report a 

CORES FRN or RUFRN. Moreover, if a 

filer reports an SUFRN for an individual 

interest holder, the filer may be required 

to show that the filer made reasonable 

good faith efforts to obtain a CORES 

FRN or RUFRN, or the information 

necessary to obtain a CORES FRN or 

RUFRN, on the individual’s behalf. 

E. Steps Taken To Minimize Significant 

Impact on Small Entities, and 

Significant Alternatives Considered 

56. The RFA requires an agency to 

describe any significant alternatives that 

might minimize any significant 

economic impact on small entities. Such 

alternatives may include the following 

four alternatives (among others): (1) The 

establishment of differing compliance or 

reporting requirements or timetables 

that take into account the resources 

available to small entities; (2) the 

clarification, consolidation, or 

simplification of compliance and 

reporting requirements under the rule 

for small entities; (3) the use of 

performance, rather than design, 

standards; and (4) an exemption from 

coverage of the rule, or any part thereof, 

for small entities. 

57. As noted, we are directed under 

law to describe any such alternatives we 

consider, including alternatives not 

explicitly listed above. The Notice 

proposes to allow individuals reported 

on Form 323 to obtain and provide an 

RUFRN in lieu of a traditional CORES 

FRN. Similarly, the Notice proposes 

making RUFRNs available to Form 323– 

E filers in the event that Form 323–E is 

modified as proposed in the Fourth 

Diversity Further Notice. The Notice 

also proposes eliminating the 

availability of SUFRNs for Form 323 

and Form 323–E filings. In the 

alternative, the Commission could 

decide not to enact the RUFRN proposal 

contained in the Notice and not to 

modify the availability of SUFRNs. The 

Commission also could defer these 

actions until a later time. Additionally, 

the Commission could decide to treat 

noncommercial broadcasters differently 

from commercial broadcast stations for 

purposes of uniquely identifying and 

tracking individual attributable interest 

holders reported on the 323–E. While 

decisions to adopt the RUFRN proposal 

and eliminate the Special Use FRN 

might result in increased burdens on 

reporting parties, the Notice tentatively 

concludes that any such burdens would 

be minimal and that the benefits of 

having a unique identifier for data 

quality, searchability, cross-referencing 

and aggregation purposes in order to 

further the Commission’s goal of 

advancing diversity of ownership in the 

broadcast industry would outweigh 

those burdens. A unique identifier is 

necessary to improve the quality of the 

data collected on the Form 323. The 

Commission also seeks comment on 

whether the Special Use FRN should be 

available solely in instances where, after 

reasonable and good faith efforts, filers 

are unable to obtain a CORES FRN or 

RUFRN from an individual with 

reportable interests. This alternative 

could reduce the burden for those filers 

who are unable to, after reasonable and 

good faith efforts, to obtain a CORES 

FRN or RUFRN from an individual 

attributable interest holder, while 

ensuring that the filer will be able to 

timely submit the Form 323. This will 

allow the Commission to identify the 

individual with a reportable interest 

that has failed to provide a CORES FRN 

or RUFRN. 

F. Federal Rules That May Duplicate, 

Overlap, or Conflict With the Proposed 

Rules 

58. None. 

VI. Ordering Clauses 

59. Accordingly, it is ordered that, 

pursuant to the authority contained in 

sections 1, 2(a), 4(i,j), 257, and 303(r) of 

the Communications Act of 1934, as 

amended, 47 U.S.C. 151, 152(a), 154(i)- 

(j), 257, and 303(r), the Second FNPRM 

and Seventh FNPRM is adopted. 

60. It is further ordered that, pursuant 

to the authority contained in sections 1, 

2(a), 4(i, j), 257, and 303(r) of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 151, 152(a), 154(i, 

j), 257, 303(r), notice is hereby given of 

the proposals described in this Second 

FNPRM and Seventh FNPRM. 

61. It is further ordered that the 

Commission’s Consumer & 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

the Second FNPRM and Seventh 

FNPRM, including the Initial Regulatory 

Flexibility Analysis, to the Chief 

Counsel for Advocacy of the Small 

Business Administration. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2015–03988 Filed 2–25–15; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 205, 212, 225, and 252 

RIN 0750–AI51 

Defense Federal Acquisition 

Regulation Supplement: Acquisition of 

the American Flag (DFARS Case 2015– 

D005) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 


rmajette on DSK2VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Proposed Rules 10453 

ACTION: Proposed rule. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

implement sections of the Department 

of Defense Appropriations Acts for 

Fiscal Year (FY) 2014 and FY 2015 that 

prohibit use of funds made available 

under the acts for the purchase or 

manufacture of a flag of the United 

States, unless such flag is manufactured 

in the United States. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before April 

27, 2015, to be considered in the 

formation of a final rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2015–D005, 

using any of the following methods: 

Æ Regulations.gov: http://

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

entering ‘‘DFARS Case 2015–D005’’ 

under the heading ‘‘Enter keyword or 

ID’’ and selecting ‘‘Search.’’ Select the 

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2015– 

D005.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

name (if any), and ‘‘DFARS Case 2015– 

D005’’ on your attached document. 

Æ Email: osd.dfars@mail.mil. Include 

DFARS Case 2015–D005 in the subject 

line of the message. 

Æ Fax: 571–372–6094. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Ms. Amy G. 

Williams, OUSD(AT&L)DPAP/DARS, 

Room 3B941, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Comments received generally will be 

posted without change to http://

www.regulations.gov, including any 

personal information provided. To 

confirm receipt of your comment(s), 

please check www.regulations.gov, 

approximately two to three days after 

submission to verify posting (except 

allow 30 days for posting of comments 

submitted by mail). 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy G. Williams, telephone 571–372– 

6106. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is proposing to amend the 

DFARS to implement sections 8123 of 

the Department of Defense 

Appropriations Act, 2014 (Division C, 

Title VIII of Pub. L. 113–76) and section 

8119 of the Department of Defense 

Appropriations Act, 2015 (Division C, 

Title VIII of Pub. L. 113–235). These 

sections prohibit the use of funds 

appropriated under those acts for the 

purchase or manufacture of a flag of the 

United States unless such flag is treated 

as a covered item under 10 U.S.C. 

2533a(b) (commonly known as the Berry 

Amendment). With some exceptions, 

the Berry Amendment restricts the 

purchase of certain items of food, 

clothing, fabrics, and hand or measuring 

tools (whether as end products or 

components), unless the items have 

been grown, reprocessed, reused, or 

produced in the United States. 

II. Discussion and Analysis 

The Berry Amendment is 

implemented in DFARS 225.7002 and 

associated clauses DFARS 252.225–7012 

and 252.225–7015. 

This rule proposes to amend DFARS 

225–7002–1, 225–7002–2, and 

225.7002–3, and add a new clause at 

252.225–70XX, Acquisition of the 

American Flag. Conforming changes are 

also required in DFARS 212.301(f) to 

apply the new clause to the acquisition 

of commercial items. Since most, if not 

all, flags are commercial items, this 

statute would be without affect if not 

applied to commercial items. 

Furthermore, this is an appropriations 

act restriction, which specifically 

prohibits the expenditure of any funds 

appropriated under these acts, unless 

the flags to be acquired are 

manufactured in the United States 

(regardless of whether the flags are 

commercial items.) 

III. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 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. This is not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

E.O. 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 does not expect this proposed 

rule to 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. based on a review of historical 

purchasing data. However, an initial 

regulatory flexibility analysis has been 

performed and is summarized as 

follows: 

This rule is necessary to implement 

sections 8123 and 8119 of the DoD 

Appropriations Acts for FYs 2014 and 

2015, respectively, and the same 

provision in subsequent DoD 

appropriations acts. 

The objective of the rule is to prohibit 

acquisition of a flag of the United States 

(Product or Service Code 8345), unless 

such flag, including the materials and 

components thereof, is manufactured in 

the United States, consistent with the 

requirements at 10 U.S.C. 2533a. The 

legal basis for the rule is sections 8123 

and 8119 of the DoD Appropriations 

Acts for FYs 2014 and 2015 (Division C 

of Pub. Laws 113–76 and 113–235, 

respectively. 

Based on FY 2013 Federal 

Procurement Data System data, there 

was only one acquisition of flags from 

a small business that exceeded the 

simplified acquisition threshold. There 

are no projected reporting or 

recordkeeping requirements. The rule 

only requires that if a contractor is to 

provide flags of the United States to 

DoD under a contract that exceeds the 

simplified acquisition threshold, the 

flags must be manufactured in the 

United States. 

The rule does not duplicate, overlap, 

or conflict with any other Federal rules. 

There are no significant alternatives that 

meet the requirement of the statute. 

DoD will also consider comments 

from small entities concerning the 

existing regulations in subparts affected 

by this rule in accordance with 5 U.S.C. 

610. Interested parties must submit such 

comments separately and should cite 5 

U.S.C. 610 (DFARS Case 2015–D005), in 

correspondence. 

V. 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 Parts 205, 

212, 225, and 252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 205, 212, 225, 

and 252 are proposed to be amended as 

follows: 

■ 1. The authority citation for parts 205, 

212, 225, and 252 continues to read as 

follows: 


rmajette on DSK2VPTVN1PROD with PROPOSALS
10454 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Proposed Rules 

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

chapter 1. 

PART 205—PUBLICIZING CONTRACT 

ACTIONS 

205.301 [Amended] 

■ 2. Amend section 205.301, in 

paragraph (a)(S–70)(i) introductory text 

by removing ‘‘225.7002–1(a)(2) through 

(10)’’ and adding ‘‘225.7002–1(a)(1)(ii) 

through (x)’’ in its place. 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

■ 3. Amend section 212.301, by adding 

paragraph (f)(ix)(CC) to read as follows: 

212.301 Solicitation provisions and 

contract clauses for the acquisition of 

commercial items. 

(f) * * * 

(ix) * * * 

(CC) Use the clause at 252.225–70XX, 

Acquisition of the American Flag, as 

prescribed in 225.7002–3(c), to comply 

with section 8123 of the DoD 

Appropriations Act, 2014 (Pub. L. 113– 

76, Division C, Title VIII), and the same 

provision in subsequent DoD 

appropriations acts. 

* * * * * 

PART 225—FOREIGN ACQUISITION 

■ 4. Revise the section 225.7002 

heading to read as follows: 

225.7002 Restrictions on food, clothing, 

fabrics, hand or measuring tools, and flags. 

■ 5. Amend section 225.7002–1 by— 

■ a. Redesignating paragraphs (a) and 

(b) as (1) and (2), respectively; 

■ b. Redesignating the introductory text 

as paragraph (a); 

■ c. In the newly redesignated 

paragraph (1), further redesignating 

paragraphs (1) through (10) as (1)(i) 

through (x), respectively; 

■ d. In the newly redesignated 

paragraph (1)(iii), further redesignating 

paragraphs (i) through (iii) as 

paragraphs (1)(iii)(A) through (C), 

respectively; 

■ e. In the newly redesignated 

paragraph (1)(x), removing ‘‘(Federal 

Supply Class 8465)’’ and adding 

‘‘(Product or Service Code (PSC) 8465)’’ 

in its place, and removing ‘‘paragraph 

(a)’’ and adding ‘‘paragraph (a)(1)’’ in its 

place; 

■ f. In the newly redesignated paragraph 

(2), removing ‘‘see PGI 225.7002–1(b)’’ 

and adding ‘‘see PGI 225.7002–1(a)(2)’’ 

in its place; and 

■ g. Adding a new paragraph (b). 

The addition reads as follows: 

225.7002–1 Restrictions. 

* * * * * 

(b) In accordance with section 8123 of 

the Department of Defense 

Appropriations Act, 2014 (Pub. L. 113– 

76, Division C, Title VIII), and the same 

provision in subsequent Defense 

appropriations acts, except as provided 

in 225.7002–2, do not acquire a flag of 

the United States (PSC 8345), unless 

such flag, including the materials and 

components thereof, is manufactured in 

the United States, consistent with the 

requirements at 10 U.S.C. 2533a. 

225.7002–2 [Amended] 

■ 6. Amend section 225.7002–2 by— 

■ a. In paragraph (l), removing ‘‘Section 

8118’’ and adding ‘‘section 8118’’ in its 

place; 

■ b. In paragraph (m)(1)(i), removing 

‘‘Federal Supply Group’’ and adding 

‘‘Product or Service Group (PSG)’’ in its 

place; 

■ c. In paragraph (m)(1)(ii), removing 

‘‘Federal Supply Group’’ and adding 

‘‘PSG’’ in its place in two places; and 

■ d. In paragraph (m)(1)(iv), removing 

‘‘Federal Supply Class’’ and adding 

‘‘PSC’’ in its place. 

■ 7. Amend section 225.7002–3 by 

adding a new paragraph (c) to read as 

follows: 

225.7002–3 Contract clauses. 

* * * * * 

(c) Use the clause at 252.225–70XX, 

Acquisition of the American Flag, in 

solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items, that are for the 

acquisition of the American flag, with 

an estimated value that exceeds the 

simplified acquisition threshold. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 8. Add section 252.225–70XX to read 

as follows: 

252.225–70XX Acquisition of the American 

Flag. 

As prescribed in 225.7002–3(c), use 

the following clause: 

ACQUISITION OF THE AMERICAN FLAG 

(DATE) 

(a) Definition. United States, as used in this 

clause, means the 50 States, the District of 

Columbia, and outlying areas. 

(b) If the Contractor is required to deliver 

under this contract one or more American 

flags (Product or Service Code 8345), such 

flag(s), including the materials and 

components thereof, shall be manufactured 

in the United States, consistent with the 

requirements at 10 U.S.C. 2533a (commonly 

known as the ‘‘Berry Amendment’’). 

(c) This clause does not apply to the 

acquisition of any end items or components 

related to flying or displaying the flag (e.g., 

flagpoles and accessories). 

(End of clause) 

[FR Doc. 2015–03857 Filed 2–25–15; 8:45 am] 

BILLING CODE 5001–06–P 


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