49364 Federal Register / Vol. 76, No. 154 / Wednesday, August 10, 2011 / Rules and Regulations 

■ 7. In § 1.1164, paragraph (c) is revised 

to read as follows: 

§ 1.1164. Penalties for late or insufficient 

regulatory fee payments. 

* * * * * 

(c) If a regulatory fee is not paid in a 

timely manner, the regulatee will be 

notified of its deficiency. This notice 

will automatically assess a 25 percent 

penalty, subject the delinquent payor’s 

pending applications to dismissal, and 

may require a delinquent payor to show 

cause why its existing instruments of 

authorization should not be subject to 

rescission. 

* * * * * 

■ 8. In § 1.1166, paragraph (b) is revised 

to read as follows: 

§ 1.1166. Waivers, reductions and 

deferrals of regulatory fees. 

* * * * * 

(b) Deferrals of fees, if granted, will be 

for a designated period of time not to 

exceed six months. 

* * * * * 

[FR Doc. 2011–19836 Filed 8–9–11; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 1, 2, and 25 

[ET Docket No. 10–142; Report 2932] 

Fixed and Mobile Services in the 

Mobile Satellite Service Bands at 1525– 

1559 MHz and 1626.5–1660.5 MHz, 

1610–1626.5 MHz and 2483.5–2500 

MHz, and 2000–2020 MHz and 2180– 

2200 MHz; Petition for Reconsideration 

AGENCY: Federal Communication 

Commission. 

ACTION: Final rule; petition for 

reconsideration 

SUMMARY: In this document, Petitions 

for Reconsideration (Petitions) have 

been filed in the Commission’s 

rulemaking proceeding concerning 

Fixed and Mobile Services in the Mobile 

Satellite Service Bands at 1525–1559 

MHz and 1626.5–1660.5 MHz, 1610– 

1626.5 MHz and 2483.5–2500 MHz, and 

2000–2020 MHz and 2180–2200 MHz 

and published pursuant to 47 CFR 

1.429(e). See 1.4(b)(1) of the 

Commission’s rules, 47 CFR 1.4(b)(1). 

DATES: Oppositions to the Petitions 

must be filed by August 25, 2011. 

Replies to an opposition must be filed 

by September 6, 2011. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Holmes, Wireless 

Telecommunications Bureau, 202–418– 

0564. 

SUPPLEMENTARY INFORMATION: On April 

6, 2011, the Commission, via the Office 

of Engineering and Technology Bureau 

released In the Matter of Fixed and 

Mobile Services in the Mobile Satellite 

Service Bands at 1525–1559 MHz and 

1626.5–1660.5 MHz, 1610–1626.5 MHz 

and 2483.5–2500 MHz, and 2000–2020 

MHz and 2180–2200 MHz, FCC 11–57, 

Report and Order, adopted April 5, 

2011, published at 76 FR 31252, May 

31, 2011. This is a summary of the 

Commission’s document, Report No. 

2932, released July 29, 2011. The full 

text of document Report No. 2932 is 

available for viewing and copying in 

Room CY–B402, 445 12th Street, SW., 

Washington, DC or may be purchased 

from the Commission’s copy contractor, 

Best Copy and Printing, Inc. (BCPI) 

(1–800–378–3160). The Commission 

will not send a copy of document 

Report No. 2932 pursuant to the 

Congressional Review Act, 5 U.S.C. 

801(a)(1)(A), because it does not have an 

impact on any rules of particular 

applicability. 

Subject: In the Matter of Fixed and 

Mobile Services in the Mobile Satellite 

Service Bands at 1525–1559 MHz and 

1626.5–1660.5 MHz, 1610–1626.5 MHz 

and 2483.5–2500 MHz, and 2000–2020 

MHz and 2180–2200 MHz (ET Docket 

No. 10–142). 

Number of Petitions Filed: 3. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary, Office of the Secretary, Office of 

Managing Director. 

[FR Doc. 2011–20313 Filed 8–9–11; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 10–118; RM–11603; RM– 

11631; DA 11–1209] 

Radio Broadcasting Services; 

Gearhart, Madras, and Manzanita, OR 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Audio Division, at the 

request of Black Hills Broadcasting, 

L.C., as modified pursuant to the 

counterproposal of Cumulus Licensing 

LLC (‘‘Cumulus’’), allots FM Channel 

227A at Gearhart, Oregon. Channel 

227A can be allotted at Gearhart, 

consistent with the minimum distance 

separation requirements of the 

Commission’s rules, at coordinates 45– 

57–11 NL and 123–56–14 WL. In 

addition, the Audio Division substitutes 

Channel 248C3 for vacant Channel 

228C3 at Manzanita, Oregon, and 

substitutes Channel *243C1 for vacant 

but applied for Channel *251C1 at 

Madras, Oregon. The reference 

coordinates for Channel 248C3 at 

Manzanita, Oregon, are 45–41–05 NL 

and 123–54–38 WL, and the reference 

coordinates for Channel *243C1 at 

Madras Oregon, are 44–50–02 NL and 

120–45–55 WL. In addition, the Audio 

Division granted the application of 

Cumulus (File No. BMPH– 

20100805AKO) for a channel upgrade 

and change of community of interest for 

Station KNRQ–FM, from Channel 250C2 

at Tualatin, Oregon, to Channel 250C1 

at Aloha, Oregon. Finally, as proposed 

by Cumulus in its application, the 

Audio Division required Station 

KCYS(FM), Seaside, Oregon, to change 

from Channel 251A to Channel 243A. 

See Supplementary Information infra. 

DATES: Effective September 9, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Rhodes or Deborah Dupont, 

Media Bureau, (202) 418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 10–118, 

adopted July 18, 2011, and released July 

19, 2011. The full text of this 

Commission decision is available for 

inspection and copying during normal 

business hours in the FCC Information 

Center, Portals II, 445 12th Street, SW., 

Room CY–A257, Washington, DC 20554. 

The complete text of this decision also 

may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, (800) 378–3160, 

or via the company’s Web site, http://

www.bcpiweb.com. This document does 

not contain proposed information 

collection requirements subject to the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506 (c)(4). The Commission will send 

a copy of this Report and Order in a 

report to be sent to Congress and the 

Government Accountability Office 

pursuant to the Congressional Review 

Act, see U.S.C. 801(a)(1)(A). 

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Federal Register / Vol. 76, No. 154 / Wednesday, August 10, 2011 / Rules and Regulations 49365 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

Federal Communications Commission. 

James D. Bradshaw, 

Deputy Chief, Audio Division, Media Bureau. 

Rule Changes 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336, 

and 339. 

§ 73.202 [Amended] 

■ 2. Section 73.202(b), the Table of FM 

Allotments under Oregon, is amended 

by adding Gearhart, Channel 227A, by 

removing Channel *251C1 at Madras, by 

adding Channel *243C1 at Madras, and 

by adding Manzanita, Channel 248C3. 

[FR Doc. 2011–20340 Filed 8–9–11; 8:45 am] 

BILLING CODE 6712–01–P 

OFFICE OF MANAGEMENT AND 

BUDGET 

Office of Federal Procurement Policy 

48 CFR Part 9903 

Cost Accounting Standards: 

Elimination of the Exemption From 

Cost Accounting Standards for 

Contracts and Subcontracts Executed 

and Performed Entirely Outside the 

United States, Its Territories, and 

Possessions 

AGENCY: Office of Management and 

Budget (OMB), Office of Federal 

Procurement Policy (OFPP), Cost 

Accounting Standards Board (Board). 

ACTION: Final rule. 

SUMMARY: The Office of Federal 

Procurement Policy (OFPP), Cost 

Accounting Standards (CAS) Board, is 

publishing a final rule to eliminate the 

exemption from regulations regarding 

Cost Accounting Standards for contracts 

executed and performed entirely outside 

the United States, its territories, and 

possessions. 

DATES: Effective Date: October 11, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Raymond J. M. Wong, Director, Cost 

Accounting Standards Board (telephone: 

202–395–6805; e-mail: 

Raymond_wong@omb.eop.gov). 

SUPPLEMENTARY INFORMATION: 

A. Regulatory Process—Changes to 48 

CFR Part 9903 

The CAS Board’s regulations and 

Standards are codified at 48 CFR 

chapter 99. This notice concerns the 

amendment of a CAS Board regulation 

other than a Standard, and as such is 

not subject to the statutorily prescribed 

rulemaking process for the 

promulgation of a Standard at 41 U.S.C. 

1502(c) [formerly, 41 U.S.C. 422(g)]. The 

document being published today is a 

Final Rule. 

B. Background and Summary 

The Office of Federal Procurement 

Policy (OFPP), Cost Accounting 

Standards (CAS) Board, is publishing a 

final rule to eliminate the exemption at 

48 CFR 9903.201–1(b)(14) from the Cost 

Accounting Standards for contracts 

executed and performed entirely outside 

the United States, its territories, and 

possessions (hereafter referred to as the 

‘‘(b)(14) overseas exemption’’). 

The CAS Board is publishing a final 

rule which eliminates the (b)(14) 

overseas exemption from CAS for 

contracts and subcontracts executed and 

performed entirely outside the United 

States, its territories, and possessions. 

Statutory Requirement 

Section 823(a) of the Duncan Hunter 

National Defense Authorization Act for 

Fiscal Year 2009 (NDAA FY 2009) 

required the CAS Board to: ‘‘(1) Review 

the inapplicability of the cost 

accounting standards, in accordance 

with existing exemptions, to any 

contract and subcontract that is 

executed and performed outside the 

United States when such a contract or 

subcontract is performed by a contractor 

that, but for the fact that the contract or 

subcontract is being executed and 

performed entirely outside the United 

States, would be required to comply 

with such standards; and (2) determine 

whether the application of the standards 

to such a contract and subcontract (or 

any category of such contracts and 

subcontracts) would benefit the 

Government.’’ Section 823 further 

required the CAS Board to publish a 

request for information and to submit to 

the appropriate committees of Congress 

a report containing: (1) Any proposed 

revision to the CAS regulations as a 

result of the review and a copy of any 

proposed rulemaking implementing the 

revision or (2) if no revision and 

rulemaking are proposed, a detailed 

justification for such decision. 

History of the (b)(14) Overseas 

Exemption 

The (b)(14) overseas exemption was 

first promulgated in 1973 at Section 3– 

1204 of the Armed Services 

Procurement Regulation (ASPR). See 

Defense Procurement Circular No. 115 

(dated September 24, 1973). The reason 

given for promulgation of the (b)(14) 

overseas exemption was that the 

underlying authority for CAS, Section 

2168 of the Defense Production Act 

(DPA), was applicable to the United 

States, its Territories and possessions, 

and the District of Columbia (Section 

2163 of the DPA). The (b)(14) overseas 

exemption was intended to eliminate 

confusion that had existed at that time 

over the applicability of CAS outside 

the United States. 

In 1980, the CAS Board ceased to 

exist under the DPA. Congress 

reestablished the CAS Board in 1988 

under Section 22 of the OFPP Act, 41 

U.S.C. 1501 [formerly, 41 U.S.C. 422]. 

Unlike the DPA, under the OFPP Act, 

CAS is not limited in applicability to 

the United States. However, in 1991, the 

CAS Board, after reviewing the rules 

and regulations applicable to the 

administration of CAS, opted to retain 

the (b)(14) overseas exemption. 

The CAS Board later sought to 

reevaluate the (b)(14) overseas 

exemption. On September 13, 2005, the 

CAS Board published a notice seeking 

comment on the Staff Discussion Paper 

(SDP) discussing the appropriateness of 

continuing the exemption (70 FR 

53977). Only three public comments 

were received, all of which supported 

retaining the exemption. The CAS Board 

took no further action at that time and 

published a notice discontinuing the 

review on February 13, 2008 (73 FR 

8259). 

In response to Section 823(a) of 

NDAA FY 2009, the CAS Board 

published on April 23, 2009, another 

notice requesting information on six 

general questions regarding the (b)(14) 

overseas exemption (74 FR 18491). In 

addition to this notice, the CAS Board 

requested assessments directly from 

three Federal agencies with significant 

volume of contracts performed outside 

of the United States—the Department of 

Defense (DOD), the Department of State 

(DOS) and the United States Agency for 

International Development (USAID). 

After reviewing the comments received 

from the notice and the assessments of 

the three Federal agencies, the CAS 

Board published a Notice of Proposed 

Rule (NPR) on October 20, 2010, 

proposing to eliminate the (b)(14) 

overseas exemption (75 FR 64684). A 

copy of the proposed rule was provided 

to the appropriate committees of 

Congress in accordance with Section 

823. 

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