6818 Federal Register / Vol. 75, No. 28 / Thursday, February 11, 2010 / Rules and Regulations 

appropriations act, and the 

implementing LSC regulations which 

are applicable to a recipient’s non-LSC 

funds. Subsection (b)(9) is the provision 

that references the attorneys’ fees 

restriction (504(a)(13) and part 1642) 

and is now obsolete. 

Request for Comments 

LSC is implementing these changes as 

an Interim Final Rule with a Request for 

Comments. LSC believes this action is 

authorized and appropriate because LSC 

is removing (and not imposing any 

additional) prohibitions or requirements 

on recipients and is doing so in 

response to a specific statutory change 

removing a similar prohibition. LSC 

believes that this course of action will 

provide necessary clarity to recipients 

and will permit recipients and their 

clients to benefit from the statutory and 

regulatory changes at the earliest 

possible date. However, LSC is seeking 

comment on the changes being made 

herein and anticipates issuing a Final 

Rule discussing any comments. 

Interested parties may submit comments 

as provided herein. Comments are due 

to LSC no later than March 15, 2010. 

List of Subjects 

45 CFR Parts 1609 and 1610 

Grant programs—Law, Legal services. 

45 CFR Part 1642 

Grant programs—Law, Lawyers, Legal 

services. 

■ For reasons set forth above, and under 

the authority of 42 U.S.C. 2996g(e), LSC 

hereby amends 45 CFR chapter XVI as 

follows: 

PART 1609—FEE-GENERATING 

CASES 

■ 1. The authority citation for part 1609 

continues to read as follows: 

Authority: 42 U.S.C. 2996f(b)(1) and 

2996e(c)(6). 

§ 1609.3 [Amended] 

■ 2. Paragraph (c) of § 1609.3, is 

removed. 

§ 1609.4 [Redesignated as § 1609.6] 

■ 3. Section 1609.4 is redesignated as 

§ 1609.6. 

■ 4. A new § 1609.4 is added to read as 

follows: 

§ 1609.4 Accounting for and use of 

attorneys’ fees. 

(a) Attorneys’ fees received by a 

recipient for representation supported 

in whole or in part with funds provided 

by the Corporation shall be allocated to 

the fund in which the recipient’s LSC 

grant is recorded in the same proportion 

that the amount of Corporation funds 

expended bears to the total amount 

expended by the recipient to support 

the representation. 

(b) Attorneys’ fees received shall be 

recorded during the accounting period 

in which the money from the fee award 

is actually received by the recipient and 

may be expended for any purpose 

permitted by the LSC Act, regulations 

and other law applicable at the time the 

money is received. 

■ 5. A new § 1609.5 is added to read as 

follows: 

§ 1609.5 Acceptance of reimbursement 

from a client. 

(a) When a case results in recovery of 

damages or statutory benefits, a 

recipient may accept reimbursement 

from the client for out-of-pocket costs 

and expenses incurred in connection 

with the case, if the client has agreed in 

writing to reimburse the recipient for 

such costs and expenses out of any such 

recovery. 

(b) A recipient may require a client to 

pay court costs when the client does not 

qualify to proceed in forma pauperis 

under the rules of the jurisdiction. 

PART 1610—USE OF NON-LSC 

FUNDS, TRANSFERS OF LSC FUNDS, 

PROGRAM INTEGRITY 

■ 6. The authority citation for part 1610 

is revised to read as follows: 

Authority: 42 U.S.C. 2996i; Pub. L. 104– 

208, 110 Stat. 3009; Pub. L. 104–134, 110 

Stat. 1321; Pub. L. 111–117; 123 Stat. 3034. 

§ 1610.2 [Amended] 

■ 7. Section 1610.2 is amended by 

removing paragraph (b)(9) and 

redesignating paragraphs (b)(10) through 

(b)(14) as paragraphs (b)(9) through 

(b)(13) respectively. 

PART 1642—[REMOVED AND 

RESERVED] 

■ 8. Part 1642 is removed and reserved. 

Victor M. Fortuno, 

Interim President. 

[FR Doc. 2010–2895 Filed 2–10–10; 8:45 am] 

BILLING CODE 7050–01–P 

DEPARTMENT OF COMMERCE 

National Telecommunications and 

Information Administration 

47 CFR Part 300 

[Docket Number 100125044–0044–01] 

RIN 0660–AA10 

Revision to the Manual of Regulations 

and Procedures for Federal Radio 

Frequency Management 

AGENCY: National Telecommunications 

and Information Administration, U.S. 

Department of Commerce. 

ACTION: Final Rule. 

SUMMARY: The National 

Telecommunications and Information 

Administration (NTIA) hereby makes 

certain changes to its regulations, which 

relate to the public availability of the 

Manual of Regulations and Procedures 

for Federal Radio Frequency 

Management (NTIA Manual). 

Specifically, the NTIA updates the 

version of the Manual of Regulations 

and Procedures for Federal Radio 

Frequency Management with which 

Federal agencies must comply when 

requesting use of the radio frequency 

spectrum. 

EFFECTIVE DATE: This regulation is 

effective on February 11, 2010. The 

incorporation by reference of certain 

publications listed in the rule is 

approved by the Director of the Federal 

Register as of February 11, 2010. 

ADDRESSES: 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. 

FOR FURTHER INFORMATION CONTACT: 

William Mitchell, Office of Spectrum 

Management at (202) 482–8124 or 

wmitchell@ntia.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

NTIA authorizes the U.S. 

Government’s use of the radio frequency 

spectrum. 47 U.S.C. § 902(b)(2)(A). As 

part of this authority, NTIA developed 

the NTIA Manual to provide further 

guidance to applicable Federal agencies. 

The NTIA Manual is the compilation of 

policies and procedures that govern the 

use of the radio frequency spectrum by 

the U.S. Government. Federal 

government agencies are required to 

follow these policies and procedures in 

their use of the spectrum. 

Part 300 of title 47 of the Code of 

Federal Regulations provides 


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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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