38046 Federal Register / Vol. 76, No. 125 / Wednesday, June 29, 2011 / Rules and Regulations 

H. Steps Taken To Minimize Significant 

Economic Impact on Small Entities, and 

Significant Alternatives Considered 

40. The RFA requires an agency to 

describe any significant alternatives that 

it has considered in reaching its 

approach, which 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 or 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. 

41. We sought to minimize the 

burdens imposed on small entities 

where doing so would not compromise 

the goals of the universal service lowincome mechanism. In order to 

minimize the impact on ETCs, and 

under the advisement of a number of 

industry representatives, we have 

placed the burden of checking for 

duplicate claims upon USAC, rather 

than ETCs. Furthermore, the duplicate 

resolution process set forth in the order 

requires USAC to notify an ETC which 

customers should be de-enrolled from 

the ETC’s Lifeline program. 

I. Report to Congress 

42. The Commission will send a copy 

of the order, including this FRFA, in a 

report to be sent to Congress and the 

Government Accountability Office 

pursuant to the Small Business 

Regulatory Enforcement Fairness Act of 

1996. In addition, the Commission will 

send a copy of the order, including the 

FRFA, to the Chief Counsel for 

Advocacy of the Small Business 

Administration. A copy of the order and 

FRFA (or summaries thereof) will also 

be published in the Federal Register. 

List of Subjects in 47 CFR Part 54 

Communications common carriers, 

Reporting and recordkeeping 

requirements, Telephone. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

Final Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 54 as 

follows: 

PART 54—UNIVERSAL SERVICE 

■ 1. The authority citation for part 54 

continues to read as follows: 

Authority: 47 U.S.C. Secs. 151, 154(i), 201, 

205, 214, and 254 unless otherwise noted. 

■ 2. Amend § 54.401 by revising 

paragraph (a)(1) to read as follows: 

§ 54.401 Lifeline defined. 

(a) * * * 

(1) That is available only to qualifying 

low-income consumers, and no 

qualifying consumer is permitted to 

receive more than one Lifeline subsidy 

concurrently. 

* * * * * 

■ 3. Amend § 54.405 by revising 

paragraph (a), and adding paragraph (e), 

to read as follows: 

§ 54.405 Carrier obligation to offer Lifeline. 

* * * * * 

(a) Make available one Lifeline 

service, as defined in § 54.401, per 

qualifying low-income consumer that is 

not currently receiving Lifeline service 

from that or any other eligible 

telecommunications carrier, and 

* * * * * 

(e) De-enrollment. Notwithstanding 

§ 54.405(c) and (d) of this section, upon 

notification by the Administrator to any 

ETC in any state that a subscriber is 

receiving Lifeline service from another 

eligible telecommunications carrier and 

should be de-enrolled from 

participation in that ETC’s Lifeline 

program, the ETC shall de-enroll the 

subscriber from participation in that 

ETC’s Lifeline program within 5 

business days. An ETC shall not be 

eligible for Lifeline reimbursement as 

described in §§ 54.403 and 54.407 for 

any de-enrolled subscriber following the 

date of that subscriber’s de-enrollment. 

[FR Doc. 2011–16312 Filed 6–28–11; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 204 

RIN 0750–AH25 

Defense Federal Acquisition 

Regulation Supplement (DFARS); 

Assignment of Order Codes (DFARS 

Case 2011–D004) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: The Department of Defense is 

issuing a final rule amending the 

Defense Federal Acquisition Regulation 

Supplement (DFARS) to specify Defense 

Procurement and Acquisition Policy, 

Program Development and 

Implementation, as the office 

responsible for maintaining order code 

assignments. The order code procedures 

are moved from the DFARS to its 

companion resource, DFARS 

Procedures, Guidance, and Information. 

DATES: Effective Date: June 29, 2011 

FOR FURTHER INFORMATION CONTACT: Mr. 

Julian Thrash, 703–602–0310. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Director, Defense Procurement and 

Acquisition Policy letter dated 

September 21, 2010, replaced the 

Defense Logistics Agency with Defense 

Procurement and Acquisition Policy, 

Program Development and 

Implementation, as the responsible 

office for the maintenance of all order 

code assignments for use in the first two 

positions of an order number when an 

activity places an order against another 

activity’s contract or agreement. In 

addition, the procedures and addresses 

for order code monitors are moved to 

the DFARS companion resource, DFARS 

Procedures, Guidance, and Information. 

II. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule because an initial 

regulatory flexibility analysis is only 

required for proposed or interim rules 

that require publication for public 

comment (5 U.S.C. 603) and a final 

regulatory flexibility analysis is only 

required for final rules that were 

previously published for public 

comment, and for which an initial 

regulatory flexibility analysis was 

prepared (5 U.S.C. 604). 

This final rule does not constitute a 

significant DFARS revision as defined at 

FAR 1.501–1 because this rule will not 

have a significant cost or administrative 

impact on contractors or offerors, or a 

significant effect beyond the internal 

operating procedures of the 

Government. Therefore, publication for 

public comment under 41 U.S.C. 1707 is 

not required. 

III. Paperwork Reduction Act 

The final 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). 

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Federal Register / Vol. 76, No. 125 / Wednesday, June 29, 2011 / Rules and Regulations 38047 

List of Subjects in 48 CFR Part 204 

Government procurement. 

Mary Overstreet, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 204 continues 

to read as follows: 

PART 204—ADMINISTRATIVE 

MATTERS 

■ 1. The authority citation for 48 CFR 

part 204 continues to read as follows: 

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

chapter 1. 

■ 2. Revise section 204.7005 to read as 

follows: 

204.7005 Assignment of order codes. 

(a) Defense Procurement and 

Acquisition Policy, Program 

Development and Implementation, 

maintains the order code assignments 

for use in the first two positions of an 

order number when an activity places 

an order against another activity’s 

contract or agreement (see 

204.7004(d)(2)). 

(b) Contracting activities shall follow 

the procedures at PGI 204.7005 for 

requests for assignment of or changes in 

two-character order codes. 

[FR Doc. 2011–16320 Filed 6–28–11; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 212 and 222 

RIN 0750–AH34 

Defense Federal Acquisition 

Regulation Supplement; Extension of 

Restrictions on the Use of Mandatory 

Arbitration Agreements (DFARS Case 

2011–D035) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule to 

implement section 8102 of the DoD and 

Full-Year Continuing Appropriations 

Act, 2011 and similar sections in 

subsequent appropriations acts, to 

extend the restriction on the use of 

mandatory arbitration agreements, when 

awarding contracts that exceed 

$1 million, to use of 2011 and 

subsequent fiscal year funds 

appropriated or otherwise made 

available by this Act or any subsequent 

DoD appropriation act. Section 8102 

allows the Secretary of Defense to waive 

applicability to a particular contractor 

or subcontractor, if determined 

necessary to avoid harm to national 

security. 

DATES: Effective date: June 29, 2011. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Julian Thrash, 703–602–0310. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 8102 of the DoD and FullYear Continuing Appropriations, 2011 

(Pub. L. 112–10), prohibits the use of 

Fiscal Year (FY) 2011 funds for any 

contract (including task or delivery 

orders and bilateral modifications 

adding new work) in excess of 

$1 million, if the contractor restricts its 

employees to arbitration for claims 

under title VII of the Civil Rights Act of 

1964, or tort related to or arising out of 

sexual assault or harassment, including 

assault and battery, intentional 

infliction of emotional distress, false 

imprisonment, or negligent hiring, 

supervision, or retention. 

This rule does not apply to the 

acquisition of commercial items. 

Section 8102(b) requires the contractor 

to certify compliance by subcontractors. 

Additionally, enforcement of the 

mandatory arbitration provisions related 

to the covered areas, does not affect the 

enforcement of other aspects of an 

agreement that is not related to those 

areas. 

This rule allows the Secretary of 

Defense to waive applicability to a 

particular contract or subcontract, if 

determined necessary to avoid harm to 

national security. 

Section 8102 of the DoD and FullYear Continuing Appropriations, 2011, 

extends the restrictions of section 8116 

of the Defense Appropriations Act for 

Fiscal Year 2010 (Pub. L. 111–118). In 

implementing section 8116, public 

comments were obtained under DFARS 

Case 2010–D004. 

This final rule does not constitute a 

significant DFARS revision as defined at 

FAR 1.501–1 because the requirements 

are already in place and this final rule 

merely extends the existing DFARS 

coverage. Therefore, there is no 

significant cost or administrative impact 

on contractors or offerors resulting from 

issuance of this rule and public 

comment is not required in accordance 

with 41 U.S.C. 1707(a). 

Since DoD anticipates that this will be 

an ongoing requirement, this rule 

applies to use of all subsequent fiscal 

year funds appropriated or otherwise 

made available under subsequent DoD 

appropriations acts. If the restriction is 

removed at a future date, DoD will 

amend the DFARS accordingly. 

II. Executive Orders 12866 and 13563 

Executive Orders 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). Executive Order 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 Executive Order 12866, 

Regulatory Planning and Review, dated 

September 30, 1993. This rule is not a 

major rule under 5 U.S.C. 804. 

III. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule. This final rule 

does not constitute a significant DFARS 

revision within the meaning of FAR 

1.501 and public comment is not 

required in accordance with 41 U.S.C. 

1707. 

IV. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the rule does not 

impose any 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 Parts 212 and 

222 

Government procurement. 

Mary Overstreet, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 212 and 222 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 219 and 252 continues to read as 

follows: 

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

chapter 1. 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

■ 2. Amend section 212.503 by revising 

paragraph (a)(xi) to read as follows: 

212.503 Applicability of certain laws to 

Executive Agency contracts for the 

acquisition of commercial items. 

(a) * * * 

(xi) Section 8116 of the Defense 

Appropriations Act for Fiscal Year 2010 

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