Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 73487 

(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 Paperwork Reduction Act 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 edition of the NTIA 

Manual. These changes do not impact 

the rights or obligations to 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. NTIA finds good cause 

under 5 U.S.C. 553(d)(3) to waive the 

30-day delay in effectiveness for the 

reasons provided above. 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. 

Congressional Review Act 

The NTIA Manual provides for 

policies and procedures for federal 

agencies’ use of spectrum. The NTIA 

Manual and the changes thereto do not 

substantially affect the rights or 

obligations of the public. As a result, 

this notice is not a ‘‘rule’’ as defined by 

the Congressional Review Act, 5 U.S.C. 

804(3)(C). 

Executive Order 13132 

This rule does not contain policies 

having federalism implications as that 

term is defined in Executive Order 

13132. 

Regulatory Text 

List of Subjects in 47 CFR Part 300 

Communications, Incorporation by 

reference, Radio. 

For the reasons set forth in the 

preamble, NTIA amends the Code of 

Federal Regulations, 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. Section 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 

2013 edition of the NTIA Manual, as 

revised through May 2014, 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: December 4, 2014. 

Lawrence E. Strickling, 

Assistant Secretary for Communications and 

Information. 

[FR Doc. 2014–28841 Filed 12–10–14; 8:45 am] 

BILLING CODE 3510–60–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 203 

RIN 0750–AI48 

Defense Federal Acquisition 

Regulation Supplement: Deletion of 

Certification Requirement Regarding 

Separation of Duties of Senior Leaders 

(DFARS Case 2015–D003) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to delete the requirement for 

DoD departments and agencies to certify 

every two years that no senior leader 

has performed multiple roles in the 

acquisition of a major weapon system or 

major service. 

DATES: Effective December 11, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy G. Williams, telephone 571–372– 

6106. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DFARS 203.170(a) implements a 

Defense Procurement and Acquisition 

Policy (DPAP) memorandum, dated 

September 17, 2008, which has now 

been rescinded because the necessary 

information is incorporated in the 

DFARS and the DFARS companion 

document, ‘‘Procedures, Guidance, and 

Information (PGI).’’ However, 

departments and agencies are no longer 

required to submit every two years to 

DPAP (Contract Policy and International 

Contracting) a certification that no 

senior leader has performed multiple 

roles in source selection for a major 

weapon system or major service 

acquisition. 

II. Publication of This Final Rule for 

Public Comment Is Not Required by 

Statute 

‘‘Publication of proposed 

regulations’’, 41 U.S.C. 1707, is the 

statute that applies to the publication of 

the Federal Acquisition Regulation. 

Paragraph (a)(1) of the statute requires 

that a procurement policy, regulation, 

procedure or form (including an 

amendment or modification thereof) 

must be published for public comment 

if it relates to the expenditure of 

appropriated funds, and has either a 

significant effect beyond the internal 

operating procedures of the agency 

issuing the policy, regulation, procedure 

or form, or has a significant cost or 

administrative impact on contractors or 

offerors. This final rule is not required 

to be published for public comment, 

because it only affects the roles of senior 

leaders within the Department of 

Defense in source selection for a major 

weapon system or major service 

acquisition. These requirements affect 

only the internal operating procedures 

of the Government. 

III. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 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). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 


tkelley on DSK3SPTVN1PROD with RULES
73488 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 

rule is not a major rule under 5 U.S.C. 

804. 

IV. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule because this final 

rule does not constitute a significant 

DFARS revision within the meaning of 

FAR 1.501–1 and 41 U.S.C. 1707 does 

not require publication for public 

comment. 

V. Paperwork Reduction Act 

The 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). 

List of Subjects in 48 CFR Part 203 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 203 is 

amended as follows: 

PART 203—IMPROPER BUSINESS 

PRACTICES AND PERSONAL 

CONFLICTS OF INTEREST 

■ 1. The authority citation for 48 CFR 

part 203 continues to read as follows: 

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

chapter 1. 

■ 2. In section 203.170, revise paragraph 

(a) to read as follows: 

203.170 Business practices. 

* * * * * 

(a) Senior leaders shall not perform 

multiple roles in source selection for a 

major weapon system or major service 

acquisition. 

* * * * * 

[FR Doc. 2014–28817 Filed 12–10–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 204, 209, 212, 225, and 

252 

RIN 0750–AI34 

Defense Federal Acquisition 

Regulation Supplement: State 

Sponsors of Terrorism (DFARS Case 

2014–D014) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to clarify and relocate text 

relating to state sponsors of terrorism (as 

identified by the Department of State), 

add an explicit representation, and 

conform the terminology. 

DATES: Effective December 11, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy G. Williams, telephone 571–372– 

6106. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 79 FR 45666 on 

August 5, 2014, to clarify and relocate 

coverage relating to state sponsors of 

terrorism (as identified by the 

Department of State), add an explicit 

representation, and conform the 

terminology. No respondents submitted 

public comments in response to the 

proposed rule. 

This rule is part of DoD’s 

retrospective plan, completed in August 

2011, under Executive Order 13563, 

‘‘Improving Regulation and Regulatory 

Review.’’ DoD’s full plan and updates 

can be accessed at: http://

www.regulations.gov/#!docketDetail;

dct=FR+PR+N+O+SR;rpp=10;po=0;D=

DOD-2011-OS-0036. 

II. Discussion and Analysis 

No public comments were received. 

The final rule is the same as the 

proposed rule, except for minor edits. 

III. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 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). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

IV. Regulatory Flexibility Act 

DoD certifies that this rule will not 

have a significant economic impact on 

a substantial number of small entities 

within the meaning of the Regulatory 

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

because this rule will only have an 

impact on a firm, or a subsidiary of a 

firm, in which the government of a 

country that is a state sponsor of 

terrorism has a significant interest. 

The number of domestic entities 

significantly impacted by this rule will 

be minimal, if any. For the definition of 

‘‘small business,’’ the Regulatory 

Flexibility Act refers to the Small 

Business Act, which in turn allows the 

U.S. Small Business Administration 

(SBA) Administrator to specify detailed 

definitions or standards (5 U.S.C. 601(3) 

and 15 U.S.C. 632(a)). The SBA 

regulations at 13 CFR 121.105 discuss 

who is a small business: ‘‘(a)(1) Except 

for small agricultural cooperatives, a 

business concern eligible for assistance 

from SBA as a small business is a 

business entity organized for profit, 

with a place of business located in the 

United States, and which operates 

primarily within the United States or 

which makes a significant contribution 

to the U.S. economy through payment of 

taxes or use of American products, 

materials or labor.’’ 

V. Paperwork Reduction Act 

The rule contains 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); 

however, these changes to the DFARS 

do not impose additional information 

collection requirements to the 

paperwork burden previously approved 

under OMB Control Number 0704–0187, 

entitled ‘‘Information Collection in 

Support of the DoD Acquisition Process 

(Various Miscellaneous Requirements).’’ 

This final rule removes provision 

252.209–7001, Disclosure of Ownership 

or Control by the Government of a 

Terrorist Country, and replaces it with 

provision 252.225–7050, Disclosure of 

Ownership or Control by the 

Government of a Country that is a State 

Sponsor of Terrorism. The burden in 

clearance 0704–0187 previously 

associated with the provision 252.209– 

7001, which is now associated with 

provision 252.225–7050, remains 

unchanged and is estimated at 1 hour, 

because such disclosure occurs rarely, if 

ever. 10 U.S.C. prohibits award to a firm 

or a subsidiary of a firm if the 

government of country that is a state 

sponsor of terrorism has a significant 

interest in the firm or subsidiary, unless 

the Secretary of Defense grants a waiver. 


tkelley on DSK3SPTVN1PROD with RULES