44280 Federal Register / Vol. 76, No. 142 / Monday, July 25, 2011 / Rules and Regulations 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 11–74; RM–11630, DA 

11–1185] 

Television Broadcasting Services; El 

Paso, TX 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: A petition for rulemaking was 

filed by NPG of Texas, LP (‘‘NPG’’), 

licensee of KVIA–TV, channel 7, El 

Paso, Texas, requesting the substitution 

of channel 17 for channel 7 at El Paso. 

KVIA–TV has experienced extensive 

signal coverage problems on channel 7 

following the June 12, 2009 digital 

transition deadline, after which the 

Video Division granted KVIA–TV 

Special Temporary Authority to 

supplement its service on channel 7 

with continued service on channel 17. 

This channel substitution will serve the 

public interest by significantly 

improving the public’s digital signal 

reception from KVIA–TV. 

DATES: This rule is effective August 24, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Adrienne Y. Denysyk, 

adrienne.denysyk@fcc.gov, Media 

Bureau, (202) 418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 11–74, 

adopted July 11, 2011, and released July 

12, 2011. The full text of this document 

is available for public inspection and 

copying during normal business hours 

in the FCC’s Reference Information 

Center at Portals II, CY–A257, 445 12th 

Street, SW., Washington, DC, 20554. 

This document will also be available via 

ECFS (http://fjallfoss.fcc.gov/ecfs/). This 

document may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 

1–800–478–3160 or via the company’s 

Web site, http://www.bcipweb.com. To 

request materials in accessible formats 

for people with disabilities (braille, 

large print, electronic files, audio 

format), send an e-mail to 

fcc504@fcc.gov or call the Consumer & 

Governmental Affairs Bureau at 202– 

418–0530 (voice), 202–418–0432 (tty). 

This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

information collection burden ‘‘for 

small business concerns with fewer than 

25 employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

The Commission will send a copy of 

this Report and Order in a report to be 

sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Television. 

Federal Communications Commission. 

Barbara A. Kreisman, 

Chief, Video Division, Media Bureau. 

Final Rule 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336, 

and 339. 

§ 73.622 [Amended] 

■ 2. Section 73.622(i), the PostTransition Table of DTV Allotments 

under Texas, is amended by adding 

channel 17 and removing channel 7 at 

El Paso. 

[FR Doc. 2011–18746 Filed 7–22–11; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 202 and 218 

RIN–0750–AH29 

Defense Federal Acquisition 

Regulation Supplement; Simplified 

Acquisition Threshold for 

Humanitarian or Peacekeeping 

Operations (DFARS Case 2011–D032) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DOD). 

ACTION: Interim rule. 

SUMMARY: DoD is issuing an interim rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement the authority 

provided by 10 U.S.C. 2302(7) to invoke 

a simplified acquisition threshold that is 

two times the amount specified at 41 

U.S.C. 134 (formerly 41 U.S.C. 403(11)), 

as amended by section 807 of the 

National Defense Authorization Act for 

Fiscal Year 2005, to support a 

humanitarian or peacekeeping 

operation. The current simplified 

acquisition threshold is $150,000 as 

specified in Federal Acquisition 

Regulation 2.101. 

DATES: Effective Date: July 25, 2011. 

Comment Date: Comments on the 

interim rule should be submitted in 

writing to the address shown below on 

or before September 23, 2011 to be 

considered in the formation of the final 

rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2011–D032, 

using any of the following methods: 

• Regulations.gov: http:// 

www.regulations.gov. 

Submit comments via the Federal 

eRulemaking portal by inputting 

‘‘DFARS Case 2011–D032’’ under the 

heading ‘‘Enter keyword or ID’’ and 

selecting ‘‘Search.’’ Select the link 

‘‘Submit a Comment’’ that corresponds 

with ‘‘DFARS Case 2011–D032.’’ Follow 

the instructions provided at the ‘‘Submit 

a Comment’’ screen. Please include your 

name, company name (if any), and 

‘‘DFARS Case 2011–D032’’ on your 

attached document. Follow the 

instructions for submitting comments. 

• E-mail: dfars@osd.mil. Include 

DFARS Case 2011–D032 in the subject 

line of the message. 

• Fax: 703–602–0350. 

• Mail: Defense Acquisition 

Regulations System, ATTN: Meredith 

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

Room 3B855, 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: 

Meredith Murphy, telephone 703–602– 

1302. 

SUPPLEMENTARY INFORMATION: 

I. Background 

United States laws provide for special 

emergency procurement authorities to 

be used— 

(a) In support of a contingency 

operation; 

(b) To facilitate the defense against or 

recovery from nuclear, biological, 


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Federal Register / Vol. 76, No. 142 / Monday, July 25, 2011 / Rules and Regulations 44281 

chemical, or radiological attack against 

the United States; and 

(c) In support of a humanitarian or 

peacekeeping operation. 

The first two of the authorities above 

were made available for use by agencies 

in addition to DoD by placing them at 

41 U.S.C. 1903 (formerly 41 U.S.C. 

428a). The latter authority resides solely 

in DoD. 

The three special emergency 

procurement authorities are specified in 

statute: 

• Contingency operation: 10 U.S.C. 

101(13) and 41 U.S.C. 1903 (formerly 41 

U.S.C. 428a). 

• Defense against or recovery from 

nuclear, biological, chemical, or 

radiological attack against the United 

States: 41 U.S.C. 1903 (formerly 41 

U.S.C. 428a). 

• Humanitarian or peacekeeping 

operation: 10 U.S.C. 2302(7). 

After September 11, 2001, the 

Governmentwide special emergency 

procurement authorities were enacted 

(41 U.S.C. 1903 (formerly 41 U.S.C. 

428a). These authorities provided for 

increases in the simplified acquisition 

threshold and/or micropurchase 

threshold depending on what type of 

special emergency is declared. The 

Federal Acquisition Regulation (FAR) 

was revised to implement the authority 

to increase thresholds when supporting 

a contingency operation or facilitating 

the defense against or recovery from 

nuclear, biological, chemical, or 

radiological attack against the United 

States. 

While the definition of a 

humanitarian or peacekeeping operation 

is included in the FAR at 2.101, 41 

U.S.C. 1903 does not provide 

Governmentwide authority for raising 

the simplified acquisition threshold in 

support of such operations. Therefore, 

its authority is included in the DFARS. 

Specific to the authority to support a 

humanitarian or peacekeeping 

operation, the simplified acquisition 

threshold can be increased to double the 

current basic simplified acquisition 

threshold, currently $150,000 as 

specified in FAR 2.101, but only when 

the purchase is made, or the contract is 

awarded and performed, outside the 

United States. There is no comparable 

authority to increase the micropurchase 

threshold for acquisitions in support of 

a humanitarian or peacekeeping 

operation. 

II. 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 a significant 

regulatory action and, therefore, was 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

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

III. Regulatory Flexibility Act 

DoD does not expect this interim 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., 

because the rule does not impose any 

requirements on U. S. small businesses. 

The statute applies only to purchases 

made, or contracts awarded and 

performed, outside the United States 

and only to those acquisitions that 

directly support a humanitarian or 

peacekeeping operation. Therefore, an 

initial regulatory flexibility analysis has 

not been performed. 

DoD invites comments from small 

business concerns and other interested 

parties on the expected impact of this 

rule on small entities. 

DoD will also consider comments 

from small entities concerning the 

existing regulations in subparts affected 

by the 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 2011–D032) in 

correspondence. 

IV. 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). 

V. Determination To Issue an Interim 

Rule 

Pursuant to 41 U.S.C. 1707 (formerly 

41 U.S.C. 418b) and FAR 1.501–3(b), a 

determination has been made under the 

authority of the Secretary of Defense 

(DoD) that urgent and compelling 

reasons exist to promulgate this interim 

rule without prior opportunity for 

public comment. This action is 

necessary because the statutory 

authority for doubling the simplified 

acquisition threshold in support of a 

humanitarian or peacekeeping operation 

is not included in the DFARS currently, 

and is, therefore, generally not known to 

be available. It is imperative that DoD 

contracting officers be aware of this 

threshold for immediate 

implementation in DoD acquisitions. 

However, DoD will consider public 

comments received in response to this 

interim rule in the formation of the final 

rule. 

List of Subjects in 48 CFR Parts 202 and 

218 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 202 and 218 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 202 and 218 continues to read as 

follows: 

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

chapter 1. 

PART 202—DEFINITIONS OF WORDS 

AND TERMS 

■ 2. In section 202.101, add in 

alphabetical order the definition 

‘‘Simplified acquisition threshold’’ to 

read as follows: 

202.101 Definitions. 

* * * * * 

Simplified acquisition threshold, in 

addition to the meaning at FAR 2.101, 

means $300,000 when soliciting or 

awarding contracts to be awarded and 

performed outside the United States, or 

making purchases outside the United 

States, for acquisitions of supplies and 

services that, as determined by the head 

of the contracting activity, are to be used 

to support a humanitarian or 

peacekeeping operation, as defined at 

FAR 2.101. 

PART 218—EMERGENCY 

ACQUISITIONS 

218.270 [Redesignated as 218.271] 

■ 3. Redesignate section 218.270 as 

section 218.271 and add new section 

218.270 to read as follows: 

218.270 Humanitarian or peacekeeping 

operation. 

The term ‘‘humanitarian or 

peacekeeping operation’’ is defined at 

FAR 2.101. In accordance with 10 

U.S.C. 2302(7), when a humanitarian or 

peacekeeping operation is declared, the 

simplified acquisition threshold is 

raised to $300,000 for DoD purchases 

that are awarded and performed, or 

purchases that are made, outside the 

United States in support of that 

operation. See 202.101. 

[FR Doc. 2011–18380 Filed 7–22–11; 8:45 am] 

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