35684 Federal Register / Vol. 75, No. 120 / Wednesday, June 23, 2010 / Rules and Regulations 

State and county Location and case 

No. 

Date and name of newspaper 

where notice was published Chief executive officer of community Effective date of modification 

Community 

No. 

Texas: 

Bell (FEMA 

Docket No.: 

B–1096).

City of Killeen (08– 

06–2994P).

October 13, 2009; October 20, 

2009; Killeen Daily Herald.

The Honorable Timothy L. Hancock, 

Mayor, City of Killeen, P.O. Box 1329, 

Killeen, TX 76540.

October 30, 2009 ........... 480031 

Lubbock (FEMA 

Docket No.: 

B–1096).

City of Lubbock (08– 

06–2723P).

November 16, 2009; November 

23, 2009; Lubbock Avalanche-Journal.

The Honorable Tom Martin, Mayor, City 

of Lubbock, P.O. Box 2000, Lubbock, 

TX 79457.

March 23, 2010 .............. 480452 

Virginia: Arlington 

(FEMA Docket 

No.: B–1096).

Arlington County 

(09–03–1117P).

December 3, 2009; December 

10, 2009; Sun-Gazette.

The Honorable Barbara A. Favola, Chairperson, Arlington County Board, 2100 

Clarendon Boulevard, Suite 813, Arlington, VA 22201.

April 9, 2010 ................... 515500 

Wisconsin: Milwaukee (FEMA 

Docket No.: B– 

1096).

Village of Hales Corner (09–05– 

4413P).

November 12, 2009; November 

19, 2009; My Community 

Now.

The Honorable Robert G. Ruesch, President, Village of Hales Corners, 5740 

South 124th Street, Hales Corners, WI 

53130.

March 19, 2010 .............. 550524 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: June 11, 2010. 

Sandra K. Knight, 

Deputy Federal Insurance and Mitigation 

Administrator, Mitigation, Department of 

Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. 2010–15235 Filed 6–22–10; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 209 and 252 

Defense Federal Acquisition 

Regulation Supplement; Ownership or 

Control by a Foreign Government 

(DFARS Case 2010–D010) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Interim rule with request for 

comments. 

SUMMARY: DoD is issuing an interim rule 

to implement revisions to DoD 

Directive-Type Memorandum (DTM) 

09–019, ‘‘Policy Guidance for Foreign 

Ownership, Control, or Influence 

(FOCI).’’ The DTM revises the 

description of communications security 

material that is ‘‘proscribed 

information.’’ 

DATES: Effective date: June 23, 2010. 

Comment date: August 23, 2010. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2010–D010, 

using any of the following methods: 

Æ Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

Æ E-mail: dfars@osd.mil. Include 

DFARS Case 2010–D010 in the subject 

line of the message. 

Æ Fax: 703–602–0350. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Mr. Julian E. 

Thrash, 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. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Julian E. Thrash, 703–602–0310. Please 

cite DFARS Case 2010–D010. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DoD has revised Directive-Type 

Memorandum (DTM) 09–019, ‘‘Policy 

Guidance for Foreign Ownership, 

Control, or Influence (FOCI),’’ which 

requires conforming changes to the 

DFARS. This rule revises DFARS 

209.104–1, General standards, to reflect 

that the responsible office is the 

Undersecretary of Defense for 

Intelligence. Additionally, subparagraph 

(a)(4) of DFARS 252.209–7002, 

Disclosure of Ownership or Control by 

a Foreign Government, is revised to 

reflect changes required by the DTM to 

the definition of ‘‘proscribed 

information.’’ The DTM revises the 

description of communication security 

material that is ‘‘proscribed 

information.’’ 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. This rule is not a 

major rule under 5 U.S.C. 604. 

B. Regulatory Flexibility Act 

DoD does not expect this interim rule 

to have a significant economic impact 

on a substantial number of entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601 et seq., 

because it only impacts companies that 

are owned or controlled by a foreign 

government, and most small entities, as 

defined in the Regulatory Flexibility 

Act, are not owned or controlled by a 

foreign government. 

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 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 2010–D010) in 

correspondence. 

C. 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. 

D. Determination To Issue an Interim 

Rule 

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 comments pursuant to 41 U.S.C. 

418b and FAR 1.501–3(b). DoD 

Directive-Type Memorandum (DTM) 

09–019, ‘‘Policy Guidance for Foreign 

Ownership, Control, or Influence 

(FOCI),’’ effective June 8, 2010, 

implements changes to the definition of 

‘‘proscribed information.’’ In reviewing 

the DTM, it became apparent that the 

current wording at DFARS 252.209– 

7002 is potentially misleading. If the 

DFARS is not changed to be consistent 

with the revised DTM, contracting 

officers and contractors will be 

misinformed as to the meaning of 

‘‘proscribed information.’’ DoD will 

consider public comments received in 

response to this interim rule in the 

formation of the final rule. 


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Federal Register / Vol. 75, No. 120 / Wednesday, June 23, 2010 / Rules and Regulations 35685 

List of Subjects in 48 CFR Parts 209 and 

252 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR parts 209 and 252 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 209 and 252 continues to read as 

follows: 

Authority: 41 U.S.C. 421 and 48 CFR 

chapter 1. 

PART 209–CONTRACTOR 

QUALIFICATIONS 

■ 2. Section 209.104–1 is amended by 

revising paragraph (g)(ii)(B) and the 

introductory text of paragraph (g)(ii)(C) 

to read as follows: 

209.104–1 General standards. 

* * * * * 

(g) * * * 

(ii) * * * 

(B) Whenever the contracting officer 

has a question about application of the 

provision at 252.209–7002, the 

contracting officer may seek advice from 

the Security Directorate, Office of the 

Deputy Under Secretary of Defense, 

Human Intelligence, 

Counterintelligence, and Security. 

(C) In accordance with 10 U.S.C. 

2536(b)(1)(A), the Secretary of Defense 

may waive the prohibition in paragraph 

(g)(ii)(A) of this subsection upon 

determining that the waiver is essential 

to the national security interests of the 

United States. The Secretary has 

delegated authority to grant this waiver 

to the Undersecretary of Defense for 

Intelligence. Waiver requests, prepared 

by the requiring activity in coordination 

with the contracting officer, shall be 

processed through the Director of 

Defense Procurement and Acquisition 

Policy, Office of the Under Secretary of 

Defense (Acquisition, Technology, and 

Logistics), and shall include a proposed 

national interest determination. The 

proposed national interest 

determination, prepared by the 

requiring activity in coordination with 

the contracting officer, shall include: 

* * * * * 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. Section 252.209–7002 is amended 

by revising the clause date and 

paragraph (a)(4)(ii) to read as follows: 

252.209–7002 Disclosure of ownership or 

control by a foreign government. 

* * * * * 

DISCLOSURE OF OWNERSHIP OR 

CONTROL BY A FOREIGN GOVERNMENT 

(JUN 2010)(a) * * * 

(4)* * * 

(ii) Communications security (COMSEC) 

material, excluding controlled cryptographic 

items when unkeyed or utilized with 

unclassified keys; 

* * * * * 

[FR Doc. 2010–15126 Filed 6–22–10; 8:45 am] 

BILLING CODE 5001–08–P 


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