Federal Register / Vol. 75, No. 28 / Thursday, February 11, 2010 / Rules and Regulations 6819 

information about the process by which 

NTIA regularly revises the NTIA 

Manual and makes public this 

document and all revisions. Federal 

agencies are required to comply with 

the specifications in the NTIA Manual 

according to 47 U.S.C. § 901 et seq., 

Executive Order 12046 (March 27, 

1978), 43 FR 13349, 3 CFR 1978 Comp., 

p. 158, when requesting frequency 

assignments for use of the radio 

frequency spectrum. 

This rule updates section 300.1(b) to 

specify the version of the NTIA Manual 

with which Federal agencies must 

comply when requesting frequency 

assignments for use of the radio 

frequency spectrum. In particular, 

section 300.1(b) amends the regulations 

by replacing ‘‘September 2008’’ with 

‘‘September 2009.’’ Upon the effective 

date of this rule, Federal agencies must 

comply with the requirements set forth 

in the January 2008 edition of the NTIA 

Manual, as revised through September 

2009. 

The NTIA Manual is scheduled for 

revision in January, May, and 

September of each year and is submitted 

to the Director of the Federal Register 

for Incorporation by Reference approval. 

The Director of the Federal Register 

approved this incorporation by 

reference in accordance with 5 U.S.C. 

§ 552(a) and 1 CFR part 51. The NTIA 

Manual is available from the 

Superintendent of Documents, U.S. 

Government Printing Office, 

Washington, DC 20402, by referring to 

Catalog Number 903–008–00000–8. A 

reference copy of the NTIA Manual, 

including all revisions in effect, is 

available in the Office of Spectrum 

Management, 1401 Constitution 

Avenue, NW, Room 1087, Washington, 

DC 20230, or call William Mitchell at 

(202) 482–8124, and available online at 

http://www.ntia.doc.gov/osmhome/ 

redbook/redbook.html. The NTIA 

Manual is also on file at the National 

Archives and Records Administration 

(NARA). For information on the 

availability of this material at NARA, 

call (202) 741–6030, or go to: http:// 

www.archives.gov/federallregister/ 

codeloflfederallregulations/ 

ibrllocations.html. 

Paperwork Reduction Act 

This action does not contain 

collection of information requirements 

subject to the Paperwork Reduction Act 

(PRA). Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the PRA, unless that collection 

displays a currently valid OMB Control 

Number. 

Executive Order 12866 

This rule has been determined to be 

not significant for purposes of Executive 

Order 12866. 

Administrative Procedure Act/ 

Regulatory Flexibility Act 

NTIA finds good cause under 5 U.S.C. 

§ 553(b)(3)(B) to waive prior notice and 

opportunity for public comment as it is 

unnecessary. This action amends the 

regulations to include the date of the 

most current version of the NTIA 

Manual. These changes do not impact 

the rights or obligations of the public. 

The NTIA Manual applies only to 

Federal agencies. Because these changes 

impact only Federal agencies, NTIA 

finds it unnecessary to provide for the 

notice and comment requirements of 5 

U.S.C. § 553. 

Because notice and opportunity for 

comment are not required pursuant to 5 

U.S.C. § 553 or any other law, the 

analytical requirements of the 

Regulatory Flexibility Act (5 U.S.C. 

§ 601 et seq.) are not applicable. 

Therefore, a regulatory flexibility 

analysis is not required and has not 

been prepared. 

Executive Order 13132 

This rule does not contain policies 

having federalism implications as that 

term is defined in EO 13132. 

Regulatory Text 

List of Subjects in 47 CFR Part 300 

Incorporation by reference; Radio. 

■ For the reasons set forth in the 

preamble, NTIA amends title 47, Part 

300 as follows: 

PART 300—MANUAL OF 

REGULATIONS AND PROCEDURES 

FOR FEDERAL RADIO FREQUENCY 

MANAGEMENT 

■ 1. The authority citation for Part 300 

continues to read as follows: 

Authority: 47 U.S.C. 901 et seq., Executive 

Order 12046 (March 27, 1978), 43 FR 13349, 

3 CFR 1978 Comp., p. 158. 

■ 2. Paragraph 300.1 (b) is revised to 

read as follows: 

§ 300.1 Incorporation by reference of the 

Manual of Regulations and Procedures for 

Federal Radio Frequency Management. 

* * * * * 

(b) The Federal agencies shall comply 

with the requirements set forth in the 

January 2008 edition of the NTIA 

Manual, as revised through September 

2009, which is incorporated by 

reference with approval of the Director, 

Office of the Federal Register in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51. 

* * * * * 

Dated: February 4, 2010. 

Anna M. Gomez, 

Deputy Assistant Secretary for 

Communications and Information. 

[FR Doc. 2010–2968 Filed 2–10–10; 8:45 am] 

BILLING CODE 3510–60–S 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 217 

[DFARS Case 2008–D005] 

RIN 0750–AG24 

Defense Federal Acquisition 

Regulation Supplement; Limitation on 

Procurements on Behalf of DoD 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is adopting as final, with 

changes, the interim rule amending the 

Defense Federal Acquisition Regulation 

Supplement (DFARS) to address 

statutory provisions relating to 

interagency procurements on behalf of 

DoD. The final rule adds new policy at 

to address Section 801(b) requirements 

and expands existing DFARS 

definitions. 

DATES: Effective Date: March 15, 2010. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Meredith Murphy, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DARS), 3060 Defense Pentagon, 

Washington, DC 20301–3060, 

Telephone 703–602–1302; facsimile 

703–602–0350, Please cite DFARS Case 

2008–D005. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Section 854 of the National Defense 

Authorization Act for Fiscal Year 2005 

(Pub. L. 108–375) prescribes policy for 

the acquisition of supplies and services 

through the use of contracts or orders 

issued by non-DoD agencies. 

Section 801(b)(1), at paragraphs (A) 

and (C), of the National Defense 

Authorization Act for Fiscal Year 2008 

(Pub. L. 110–181) authorizes a DoD 

acquisition official to procure property 

and services in excess of the simplified 

acquisition threshold through civilian 

agencies only if— 


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6820 Federal Register / Vol. 75, No. 28 / Thursday, February 11, 2010 / Rules and Regulations 

(1) The civilian agencies agree to 

adhere to defense procurement 

requirements; or 

(2) The Under Secretary of Defense 

(AT&L) certifies that the procurement is 

in the best interest of the Department. 

The statute also requires DoD to issue 

guidance on interagency contracting 

consistent with the Act that addresses 

the circumstances in which it is 

appropriate for DoD acquisition officials 

to procure goods or services through a 

contract entered into by an agency 

outside the DoD. 

DoD published an interim rule at 74 

FR 34270 on July 15, 2009, to address 

the new statutory requirements. 

Statutory limitations in section 817 of 

Public Law 109–364, the John Warner 

National Defense Authorization Act for 

Fiscal Year 2007, and section 811 of 

Public Law 109–163, the National 

Defense Authorization Act for Fiscal 

Year 2006, were previously 

implemented and do not impact this 

change. 

Two respondents submitted 

comments on the interim rule. A 

discussion of the comments is provided 

as follows: 

1. Compliance With Financial 

Management Regulations 

Comment: Public Law 110–181 states 

that the non-DoD agency must comply 

with its requirements including the 

‘‘applicable Department of Defense 

financial management regulations.’’ This 

requirement for the non-DoD activity to 

follow the DoD financial management 

regulations when making purchases for 

a non-DoD component should be 

included in the DFARS. 

Response: The rule has been amended 

at DFARS 217.7802(a) to clarify that 

non-DoD activities will comply with 

applicable DoD financial management 

regulations when making purchases for 

a DoD component. 

2. Definition of ‘‘Governmentwide 

Acquisition Contract’’ 

Comment: ‘‘Governmentwide 

acquisition contract’’ should be defined 

in the DFARS to make certain of its 

appropriate meaning as defined in the 

public law. 

Response: The rule was amended at 

DFARS 217.7801 to include the 

definition of ‘‘Governmentwide 

acquisition contract’’. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

DoD certifies 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 the rule addresses internal DoD 

procedural matters. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the proposed changes 

do not impose 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. 

■ Accordingly, the interim rule 

amending 48 CFR part 217, which was 

published at 74 FR 34270 on July 15, 

2009, is adopted as a final rule with the 

following changes: 

PART 217—SPECIAL CONTRACTING 

METHODS 

■ 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. 

■ 2. Section 217.7801 is amended by 

adding the definition of 

‘‘governmentwide acquisition contract’’ 

to read as follows: 

217.7801 Definitions. 

* * * * * 

Governmentwide acquisition contract 

means a task or delivery order contract 

that— 

(1) Is entered into by a non-defense 

agency; and 

(2) May be used as the contract under 

which property or services are procured 

for one or more other departments or 

agencies of the Federal Government. 

* * * * * 

■ 3. Section 217.7802 is amended by 

revising paragraph (a) introductory text 

to read as follows: 

217.7802 Policy. 

(a) A DoD acquisition official may 

place an order, make a purchase, or 

otherwise acquire supplies or services 

for DoD in excess of the simplified 

acquisition threshold through a nonDoD agency in any fiscal year only if the 

head of the non-DoD agency has 

certified that the non-DoD agency will 

comply with defense procurement 

requirements for the fiscal year to 

include applicable DoD financial 

management regulations. 

[FR Doc. 2010–2698 Filed 2–10–10; 8:45 am] 

BILLING CODE 5001–08–P 


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