9680 Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Rules and Regulations 

In addition, if the DoD agency has 

determined that measurably substantial 

benefits are expected to be derived as a 

result of bundling, the notification must 

include a brief description of those 

benefits. The objective of the rule is to 

enable small businesses to compete for 

more work of which the firms might 

otherwise have been unaware. The 

notification requirement will provide a 

much broader segment of the smallbusiness community awareness of 

upcoming business opportunities and 

then allow the small business to either 

submit a proposal or interact with the 

requiring agency to request unbundling 

before the solicitation is finalized. No 

comments were received from small 

entities on this rule. 

IV. Paperwork Reduction Act 

The rule does not impose 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 Parts 205 and 

210 

Government procurement. 

Mary Overstreet, 

Editor, Defense Acquisition Regulations 

System. 

Interim Rule Adopted as Final Without 

Change 

Accordingly, the interim rule 

amending 48 CFR parts 205 and 210 

published at 75 FR 40714 on July 13, 

2010, is adopted as final without 

change. 

[FR Doc. 2011–3756 Filed 2–18–11; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 217 

RIN 0750–AG67 

Defense Federal Acquisition 

Regulation Supplement; Limitations on 

Procurements With Non-Defense 

Agencies (DFARS Case 2009–D027) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is adopting without 

change an interim rule amending the 

Defense Federal Acquisition Regulation 

Supplement (DFARS) to implement 

section 806 of the National Defense 

Authorization Act for Fiscal Year 2010. 

Section 806 authorizes an agency that is 

an element of the intelligence 

community to award a contract for 

supplies or services in excess of the 

simplified acquisition threshold for the 

performance of a joint program 

conducted to meet the needs of DoD and 

the non-DoD agency. 

DATES: Effective Date: February 22, 

2011. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Meredith Murphy, 703–602–1302. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published an interim rule at 75 

FR 32639 on June 8, 2010, to implement 

section 806 of the National Defense 

Authorization Act for Fiscal Year 2010 

(Pub. L. 111–84), providing limitations 

on procurements with non-Defense 

agencies. The public comment period 

closed August 9, 2010. No comments 

were received in response to the interim 

rule. 

II. Executive Order 12866 

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. 804. 

III. Regulatory Flexibility Act 

DoD certifies that this final 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 the rule addresses internal DoD 

procedural matters only. Specifically, 

this implementation of section 806 of 

the National Defense Authorization Act 

for Fiscal Year 2010, Treatment of NonDefense Agency Procurements Under 

Joint Programs with Intelligence 

Community, amends the limitations 

placed on procurements by non-DoD 

agencies by exempting such 

procurements that are: (a) Entered into 

by a non-DoD agency that is an element 

of the intelligence community and (b) 

when the procurement is for the 

performance of a joint program 

conducted to meet the needs of DoD and 

the non-DoD agency. The statute 

resulted in changes to internal operating 

procedures with no impact on 

contractors or offerors. 

IV. Paperwork Reduction Act 

The changes to the DFARS do not 

impose 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 217 

Government procurement. 

Mary Overstreet, 

Editor, Defense Acquisition Regulations 

System. 

Interim Rule Adopted as Final Without 

Change 

Accordingly, the interim rule 

amending 48 CFR part 217 published at 

75 FR 32639 on June 8, 2010, is adopted 

as final without change. 

[FR Doc. 2011–3754 Filed 2–18–11; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 219 

RIN 0750–AH06 

Defense Federal Acquisition 

Regulation Supplement; Repeal of the 

Small Business Competitiveness 

Demonstration Program (DFARS Case 

2011–D001) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Acquisition 

Regulation Supplement (DFARS) to 

implement section 1335 of the Small 

Business Jobs Act of 2010. Section 1335 

repealed the Small Business 

Competitiveness Demonstration 

Program. 

DATES: Effective Date: February 22, 

2011. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Manual Quinones, 703–602–8383. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This final rule amends the Defense 

Federal Acquisition Regulation 

Supplement by deleting subpart DFARS 

219.10 to meet the requirements of 

section 1335 of the Small Business Jobs 

Act of 2010, (Pub. L. 111–240). Section 

1335 amended the Business 

Opportunity Development Reform Act 

of 1988 (Pub. L. 100–656) by striking 

title VII (15 U.S.C. 644 note). The repeal 

of the Small Business Competitiveness 

Demonstration Program became 

effective immediately upon the 

enactment. It will apply to the first full 

fiscal year after the September 27, 2010, 

date of enactment (Fiscal Year 2011). 

Therefore, the text at DFARS subpart 

219.10 is obsolete. 

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Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Rules and Regulations 9681 

II. Executive Order 12866 

This is not a significant regulatory 

action and, therefore, was not subject to 

review under Section 6(b) of the 

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 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. 418b is 

not required. 

IV. 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). 

List of Subjects in 48 CFR Part 219 

Government procurement. 

Mary Overstreet, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 219 is 

amended as follows: 

PART 219—SMALL BUSINESS 

PROGRAMS 

■ 1. The authority citation for 48 CFR 

part 219 continues to read as follows: 

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

chapter 1. 

Subpart 219.10—[Removed] 

■ 2. Remove subpart 219.10. 

[FR Doc. 2011–3762 Filed 2–18–11; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R9–IA–2008–0069; 92210– 

0–0010 B6] 

RIN 1018–AV73 

Endangered and Threatened Wildlife 

and Plants; Determination of 

Threatened Status for the New 

Zealand-Australia Distinct Population 

Segment of the Southern Rockhopper 

Penguin 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), determine 

threatened status for the New Zealand/ 

Australia distinct population segment of 

the southern rockhopper penguin 

(Eudyptes chrysocome) under the 

Endangered Species Act of 1973, as 

amended. This final rule implements 

the Federal protections provided by the 

Act for this species. 

DATES: This rule becomes effective 

March 24, 2011. 

ADDRESSES: This final rule is available 

on the Internet at http:// 

www.regulations.gov and comments and 

materials received, as well as supporting 

documentation used in the preparation 

of this rule, will be available for public 

inspection, by appointment, during 

normal business hours at: U.S. Fish and 

Wildlife Service, 4401 N. Fairfax Drive, 

Suite 400, Arlington, VA 22203. 

FOR FURTHER INFORMATION CONTACT: 

Janine Van Norman, Branch Chief, 

Foreign Species Branch, Endangered 

Species Program, U.S. Fish and Wildlife 

Service, 4401 N. Fairfax Drive, Room 

420, Arlington, VA 22203; telephone 

703–358–2171; facsimile 703–358–1735. 

If you use a telecommunications device 

for the deaf (TDD), call the Federal 

Information Relay Service (FIRS) at 

800–877–8339. 

SUPPLEMENTARY INFORMATION:

Background 

The Endangered Species Act of 1973, 

as amended (Act) (16 U.S.C. 1531 et 

seq.), is a law that was passed to prevent 

extinction of species by providing 

measures to help alleviate the loss of 

species and their habitats. Before a plant 

or animal species can receive the 

protection provided by the Act, it must 

first be added to the Federal Lists of 

Endangered and Threatened Wildlife 

and Plants; section 4 of the Act and its 

implementing regulations at 50 CFR 424 

set forth the procedures for adding 

species to these lists. 

Previous Federal Actions 

On November 29, 2006, the U.S. Fish 

and Wildlife Service (Service) received 

a petition from the Center for Biological 

Diversity (CBD) to list 12 penguin 

species under the Act: emperor penguin 

(Aptenodytes forsteri), southern 

rockhopper penguin (Eudyptes 

chrysocome), northern rockhopper 

penguin (Eudyptes moseleyi), Fiordland 

crested penguin (Eudyptes 

pachyrhynchus), snares crested penguin 

(Eudyptes robustus), erect-crested 

penguin (Eudyptes sclateri), macaroni 

penguin (Eudyptes chrysolophus), royal 

penguin (Eudyptes schlegeli), whiteflippered penguin (Eudyptula minor 

albosignata), yellow-eyed penguin 

(Megadyptes antipodes), African 

penguin (Spheniscus demersus), and 

Humboldt penguin (Spheniscus 

humboldti). 

On July 11, 2007, we published in the 

Federal Register a 90-day finding (72 FR 

37695) in which we determined that the 

petition presented substantial scientific 

or commercial information indicating 

that listing 10 of the penguin species as 

endangered or threatened may be 

warranted, but determined that the 

petition did not provide substantial 

scientific or commercial information 

indicating that listing the snares crested 

penguin and the royal penguin as 

endangered or threatened may be 

warranted. 

Following the publication of our 90- 

day finding on this petition, we initiated 

a status review to determine if listing 

each of the 10 species was warranted, 

and sought information from the public 

and interested parties on the status of 

the 10 species of penguins. In addition, 

we attended the International Penguin 

Conference in Hobart, Tasmania, 

Australia, a quadrennial meeting of 

penguin scientists from September 3–7, 

2007, to gather information and to 

ensure that experts were aware of the 

status review. We also consulted with 

other agencies and range countries in an 

effort to gather the best available 

scientific and commercial information 

on these species. 

On December 3, 2007, we received a 

60-day Notice of Intent to Sue from the 

CBD. On February 27, 2008, CBD filed 

a complaint against the Department of 

the Interior for failure to make a 12- 

month finding (status determination) on 

the petition. On September 8, 2008, we 

entered into a settlement agreement 

with the CBD, in which we agreed to 

submit to the Federal Register 12-month 

findings for the 10 species of penguins, 

including the southern rockhopper 

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