### 40717 Federal Register / Vol. 75, No. 133 / Tuesday, July 13, 2010 / Rules and Regulations

making any determination regarding the making of sole-source awards. This is a change to internal operating procedures of the Government with no impact on contractors or offerors. Therefore, an initial regulatory flexibility analysis has not been performed. However, 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 2009–D036) in correspondence. C. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the interim rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C., 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 circumstances 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). This interim rule implements section 814 of the National Defense Authorization Act for FY 2010, which prohibits the award of a sole-source task or delivery order that is estimated to exceed $100 million (including all options) unless the head of the agency determines that one of four exceptions applies, and notifies appropriate congressional defense committees (and intelligence activities, if the order concerns intelligence activities) within 30 days of the determination. An interim rule is necessary because the statute became effective upon enactment on October 28, 2009, and it is imperative that DoD contracting officers be aware of additional congressional notification requirements as soon as possible in order to enable them to comply with the law. 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 Part 216 Government procurement.
Ynette R. Shelkin, Editor, Defense Acquisition Regulations System.

■ Therefore, 48 CFR part 216 is amended as follows:

**PART 216—TYPES OF CONTRACTS**

■ 1. The authority citation for 48 CFR part 216 continues to read as follows:

Authority: 41 U.S.C. 421 and 48 CFR chapter 1.

■ 2. Section 216.504 is revised to read as follows:

**216.504 Indefinite-quantity contracts.**

(c)(1)(ii)(D) Limitation on singleaward contracts.
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(2) The head of the agency must notify the congressional defense committees within 30 days after any determination under this section and provide a copy of the determination and notification to the Deputy Director, Defense Procurement and Acquisition Policy (Contract Policy and International Contracting), OUSD (AT&L) DPAP/ CPIC, 3060 Defense Pentagon, Washington, DC 20301–3060. If the award concerns intelligence or intelligence-related activities of DoD, notification shall also be provided to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives. (See sample notification at PGI 216.504(c)(1)(ii)(D) (2). )

[FR Doc. 2010–16901 Filed 7–12–10; 8:45 am]

**BILLING CODE 5001–08–P**

**DEPARTMENT OF DEFENSE**
**Defense Acquisition Regulations System** 

**48 CFR Part 252**
**Defense Federal Acquisition Regulation Supplement; Technical**  **Amendment**

**AGENCY :**  Defense Acquisition Regulations System. Department of Defense (DoD).

**ACTION :**  Final rule. **SUMMARY :**  DoD is making a technical amendment to the Defense Federal Acquisition Regulation Supplement (DFARS) to correct the date of DFARS clause 252.222–7006.

**DATES :**  Effective Date: July 13, 2010.

**FOR FURTHER INFORMATION CONTACT :**  Ms. Ynette R. Shelkin, Defense Acquisition Regulations System, OUSD (AT&L) DPAP/DARS, Room 3B855, 3060 Defense Pentagon, Washington, DC 20301–3060. Telephone 703–602–8384; facsimile 703–602–0350.

**SUPPLEMENTARY INFORMATION :**  This final rule amends the revision date of DFARS clause 252.222–7006. DoD published an interim rule at 75 FR 27946 on May 19, 2010, for DFARS Case 2010–D004, Restrictions on the Use of Mandatory Arbitration Agreements, in which it failed to cite a date for DFARS clause 252.222–7006. The date for the clause should have been May 19, 2010, the date the interim rule was published. List of Subjects in 48 CFR Part 252

Government Procurement.

Ynette R. Shelkin, Editor, Defense Acquisition Regulations System.

■ Therefore 48 CFR part 252 is amended as follows:

**PART 252—SOLICITATION PROVISIONS AND CONTRACT**  **CLAUSES**

■ 1. The authority citation for 48 CFR part 252 continues to read as follows:

Authority: 41 U.S.C. 421 and 48 CFR chapter 1.

■ 2. Section 252.222–7006 is amended by revising the clause date as follows:

**252.222–7006 Restrictions on the Use of Mandatory Arbitration Agreements** 
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RESTRICTIONS ON THE USE OF MANDATORY ARBITRATION AGREEMENTS (MAY 2010)
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**BILLING CODE 5001–08–P**