Federal Register / Vol. 71, No. 238 / Tuesday, December 12, 2006 / Rules and Regulations 74469 

taxable income for 2005 with respect to N, 

neither A nor B may reduce taxable income 

with respect to N for 2006. 

Example 3. Unmarried roommates and colessees C and D provide housing to eight 

Hurricane Katrina displaced individuals 

during 2005. Under paragraphs (a) and 

(c)(1)(i)(A) of this section, C and D each may 

reduce taxable income by $2,000 on their 

2005 income tax returns. 

Example 4. (i) H and W are married to each 

other and provide housing to a Hurricane 

Katrina displaced individual, O, in 2005. H 

and W file their 2005 income tax return 

married filing jointly. Under paragraphs (a) 

and (c)(4) of this section, H and W may 

reduce taxable income by $500 on their 2005 

income tax return with respect to O. 

(ii) In 2006, H and W provide housing to 

O and to another Hurricane Katrina displaced 

individual, P. H and W file their 2006 income 

tax return married filing separately. Because 

H and W reduced their 2005 taxable income 

with respect to O, under paragraph (c)(3) of 

this section, neither H nor W may reduce 

taxable income on their 2006 income tax 

return with respect to O. Under paragraphs 

(a) and (c)(4) of this section, either H or W, 

but not both, may reduce taxable income by 

$500 on his or her 2006 income tax return 

with respect to P. 

(g) Effective date. This section applies 

for taxable years beginning after 

December 31, 2004, and before January 

1, 2007, and ending on or after 

December 11, 2006. 

Approved: December 1, 2006. 

Linda M. Kroening, 

Acting Deputy Commissioner for Services and 

Enforcement. 

Eric Solomon, 

Acting Deputy Assistant Secretary of the 

Treasury (Tax Policy). 

[FR Doc. E6–21031 Filed 12–11–06; 8:45 am] 

BILLING CODE 4830–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CG Docket No. 02–386; FCC 05–29] 

Rules and Regulations Implementing 

Minimum Customer Account Record 

Exchange Obligations on All Local and 

Interexchange Carriers 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the 

Commission re-publishes its 

announcement that the Office of 

Management and Budget (OMB) 

approved for three years the information 

collection requirements contained in the 

Rules and Regulations Implementing 

Minimum Customer Account Record 

Exchange Obligations on All Local and 

Interexchange Carriers, Report and 

Order and Further Notice of Proposed 

Rulemaking on August 30, 2005. On 

September 21, 2005, the Commission 

published an announcement of the 

effective date of the rules published at 

70 FR 32258. This document announces 

the effective date of corrected rules 

published at 70 FR 54300. 

DATES: The corrected rules for § 64.4002 

published at 70 FR 54300, September 

14, 2005, are effective December 12, 

2006. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Boehley, Policy Division, Consumer & 

Governmental Affairs Bureau, at (202) 

418–2512. 

SUPPLEMENTARY INFORMATION: This 

document announces that OMB 

approved for three years the information 

collection requirements contained in 

Rules and Regulations Implementing 

Minimum Customer Account Record 

Exchange Obligations on All Local and 

Interexchange Carriers, Report and 

Order and Further Notice of Proposed 

Rulemaking, FCC 05–29 published at 70 

FR 54300, September 14, 2005. The 

information collections were approved 

by OMB on August 30, 2005. OMB 

Control Number 3060–1084. The 

Commission publishes this notice of the 

effective date of the corrected rules. If 

you have any comments on the burden 

estimates listed below, or how we can 

improve the collections and reduce any 

burdens caused thereby, please write to 

Leslie F. Smith, Federal 

Communications Commission, Room 1–

A804, 445 12th Street, SW., 

Washington, DC 20554. Please include 

the OMB Control Number 3060–1084, in 

your correspondence. We will also 

accept your comments regarding the 

Paperwork Reduction Act aspects of the 

collections via the Internet, if you send 

them to Leslie.Smith@fcc.gov or you 

may call (202) 418–0217. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an e-mail to 

fcc504@fcc.gov or call the Consumer & 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Synopsis 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the FCC notified the public that it 

received approval from OMB on August 

30, 2005, for the collections of 

information contained in the 

Commission’s Rules and Regulations 

Implementing Minimum Customer 

Account Record Exchange Obligations 

on All Local and Interexchange Carriers, 

Report and Order and Further Notice of 

Proposed Rulemaking. On September 

21, 2005, the Commission published an 

announcement of the effective date of 

the rules published at 70 FR 32258. The 

rules became effective on September 21, 

2005. This document announces the 

effective date of the rules published at 

70 FR 53400, which contained minor 

corrections to the rules published at 70 

FR 32258. The total annual reporting 

burden associated with these collections 

of information, including the time for 

gathering and maintaining the 

collections of information, is estimated 

to be: 1,778 respondents, a total annual 

hourly burden of 44,576 hours, and 

$1,114,400 in total annual costs. Under 

5 CFR part 1320, an agency may not 

conduct or sponsor a collection of 

information unless it displays a current 

valid OMB Control Number. No person 

shall be subject to any penalty for failing 

to comply with a collection of 

information subject to the Paperwork 

Reduction Act that does not display a 

valid OMB Control Number. The 

foregoing notice is required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13, October 1, 1995, 44 

U.S.C. 3507. 

List of Subjects in 47 CFR Part 64 

Reporting and recordkeeping 

requirements, Telecommunications, 

Telephone. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E6–20909 Filed 12–11–06; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 216 and 252 

RIN 0750–AF44 

Defense Federal Acquisition 

Regulation Supplement; Labor 

Reimbursement on DoD NonCommercial Time-and-Materials and 

Labor-Hour Contracts (DFARS Case 

2006–D030) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Interim rule with request for 

comments. 

SUMMARY: DoD has issued an interim 

rule amending the Defense Federal 

Acquisition Regulation Supplement 


jlentini on PROD1PC65 with RULES
74470 Federal Register / Vol. 71, No. 238 / Tuesday, December 12, 2006 / Rules and Regulations 

(DFARS) to provide policy for 

reimbursing labor costs on 

competitively awarded DoD noncommercial time-and-materials and 

labor-hour contracts. 

DATES: Effective Date: February 12, 

2007. 

Comment Date: Comments on the 

interim rule should be submitted to the 

address shown below on or before 

February 12, 2007, to be considered in 

the formation of the final rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2006–D030, 

using any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: dfars@osd.mil. Include 

DFARS Case 2006–D030 in the subject 

line of the message. 

• Fax: (703) 602–0350. 

• Mail: Defense Acquisition 

Regulations System, Attn: Ms. Robin 

Schulze, OUSD (AT&L) DPAP (DARS), 

IMD 3C132, 3062 Defense Pentagon, 

Washington, DC 20301–3062. 

• Hand Delivery/Courier: Defense 

Acquisition Regulations System, Crystal 

Square 4, Suite 200A, 241 18th Street, 

Arlington, VA 22202–3402. 

Comments received generally will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Robin Schulze, (703) 602–0326. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This interim DFARS rule supplements 

the final Federal Acquisition Regulation 

(FAR) rule published in Federal 

Acquisition Circular 2005–15, under 

FAR Case 2004–015. The FAR rule 

clarifies payment procedures for noncommercial time-and-materials and 

labor-hour contracts, and prescribes the 

following three options for establishing 

fixed hourly rates on competitively 

awarded non-commercial time-andmaterials and labor-hour contracts: 

(1) Separate rates that include profit 

for each category of labor performed by 

the contractor and each subcontractor, 

and for each category of labor 

transferred between divisions, 

subsidiaries, or affiliates of the 

contractor under a common control. 

(2) Blended rates that include profit 

for each category of labor performed by 

the contractor and its subcontractors, 

and labor transferred between divisions, 

subsidiaries, or affiliates of the 

contractor under a common control. 

(3) Any combination of separate and 

blended rates for each category of labor. 

The FAR rule also authorizes agencies 

to select, and make mandatory, one of 

the three options at the agency level. 

DoD believes it is in the best interests 

of the Department to select, and make 

mandatory, the option requiring 

separate fixed hourly rates that include 

profit for each category of labor 

performed by the contractor and each 

subcontractor, and for each category of 

labor transferred between divisions, 

subsidiaries, or affiliates of the 

contractor under a common control. The 

reasons for selection of this option 

include—

(1) The relatively large dollar value of 

many DoD non-commercial time-andmaterials and labor-hour contracts; 

(2) The significant oversight and 

legislative initiatives that have focused 

on DoD in recent years; and 

(3) The preponderance of DoD noncommercial time-and-materials and 

labor-hour contracts performed by 

traditional DoD contractors and 

subcontractors, who already have the 

necessary mechanisms in place to 

establish separate fixed hourly rates for 

each performing entity without 

significant administrative burden. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. In accordance with 

established rulemaking procedures, DoD 

will coordinate with the Office of 

Management and Budget regarding 

public comments received in response 

to this interim rule prior to the issuance 

of a final rule. 

B. Regulatory Flexibility Act 

This rule may impact a substantial 

number of small entities within the 

meaning of the Regulatory Flexibility 

Act, 5 U.S.C. 601, et seq. DoD has 

prepared an initial regulatory flexibility 

analysis, which is summarized as 

follows: 

The objective of the rule is to select 

the FAR option for establishing labor 

rates that is the most suitable for DoD 

competitively awarded, non-commercial 

time-and-materials and labor-hour 

contracts. The legal basis for the rule is 

41 U.S.C. 421. The rule will apply to all 

entities interested in receiving DoD 

competitively awarded non-commercial 

time-and-materials and labor-hour 

contracts. The impact on small entities 

is unknown at this time. DoD believes 

that, for non-commercial time-andmaterials and labor-hour contracts, it is 

in the best interests of the Department 

to require use of the FAR option that 

provides for the establishment of 

separate fixed hourly rates for each 

category of labor performed by the 

contractor and each subcontractor, and 

for each category of labor transferred 

between divisions, subsidiaries, or 

affiliates of the contractor under a 

common control. 

A copy of the analysis may be 

obtained from the point of contact 

specified herein. DoD invites comments 

from small businesses and other 

interested parties. DoD also will 

consider comments from small entities 

concerning the affected DFARS subparts 

in accordance with 5 U.S.C. 610. Such 

comments should be submitted 

separately and should cite DFARS Case 

2006–D030. 

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 

that urgent and compelling reasons exist 

to publish an interim rule prior to 

affording the public an opportunity to 

comment. This interim rule provides 

policy for reimbursing labor costs on 

competitively awarded DoD noncommercial time-and-materials and 

labor-hour contracts. DoD believes it is 

in the best interests of the Department 

to require the establishment of separate 

fixed hourly rates for each category of 

labor performed by the contractor and 

each subcontractor, and for each 

category of labor transferred between 

divisions, subsidiaries, or affiliates of 

the contractor under a common control. 

The reasons for this decision include—

(1) The relatively large dollar value of 

many DoD non-commercial time-andmaterials and labor-hour contracts; 

(2) The significant oversight and 

legislative initiatives that have focused 

on DoD in recent years; and 

(3) The preponderance of DoD noncommercial time-and-materials and 

labor-hour contracts performed by 

traditional DoD contractors and 

subcontractors, who already have the 

necessary mechanisms in place to 

establish separate fixed hourly rates for 

each performing entity without 

significant administrative burden. 

Comments received in response to 

this interim rule will be considered in 

the formation of the final rule. 


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Federal Register / Vol. 71, No. 238 / Tuesday, December 12, 2006 / Rules and Regulations 74471 

List of Subjects in 48 CFR Parts 216 and 

252 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR parts 216 and 252 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 216 and 252 continues to read as 

follows: 

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

Chapter 1. 

PART 216—TYPES OF CONTRACTS 

■ 2. Section 216.601 is added to read as 

follows: 

216.601 Time-and-materials contracts. 

(e) Solicitation provisions. Use the 

provision at FAR 52.216–29, Time-andMaterials/Labor-Hour Proposal 

Requirements—Non-Commercial Item 

Acquisition with Adequate Price 

Competition, with 252.216–7002, 

Alternate A, in solicitations 

contemplating the use of a time-andmaterials or labor-hour contract type for 

non-commercial items if the price is 

expected to be based on adequate 

competition. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. Section 252.216–7002 is added to 

read as follows: 

252.216–7002 Alternate A, Time-andMaterials/Labor-Hour Proposal 

Requirements—Non-Commercial Item 

Acquisition with Adequate Price 

Competition. 

As prescribed in 216.601(e), substitute 

the following paragraph (c) for 

paragraph (c) of the provision at FAR 

52.216–29: 

ALTERNATE A, TIME-ANDMATERIALS/LABOR-HOUR 

PROPOSAL REQUIREMENTS—NONCOMMERCIAL ITEM ACQUISITION 

WITH ADEQUATE PRICE 

COMPETITION (FEB. 2007) 

(c) The offeror must establish fixed 

hourly rates using separate rates for 

each category of labor to be performed 

by each subcontractor and for each 

category of labor to be performed by the 

offeror, and for each category of labor to 

be transferred between divisions, 

subsidiaries, or affiliates of the offeror 

under a common control. 

[FR Doc. 06–9602 Filed 12–6–06; 9:16 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 051128313–6029–02; I.D. 

120406C ] 

Fisheries of the Northeastern United 

States; Atlantic Bluefish Fishery; 

Commercial Quota Harvested for New 

York 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Closure of commercial fishery. 

SUMMARY: NMFS announces that the 

Atlantic bluefish commercial quota 

available to New York has been 

harvested. Vessels issued a commercial 

Federal fisheries permit for the Atlantic 

bluefish fishery may not land bluefish 

in New York for the remainder of 

calendar year 2006, unless additional 

quota becomes available through a 

transfer. Regulations governing the 

Atlantic bluefish fishery require 

publication of this notification to advise 

New York that the quota has been 

harvested and to advise vessel permit 

holders and dealer permit holders that 

no commercial quota is available for 

landing bluefish in New York. 

DATES: Effective 0001 hours, December 

12, 2006, through 2400 hours, December 

31, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Douglas Potts, Fishery Management 

Specialist, (978) 281–9341. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the Atlantic 

bluefish fishery are found at 50 CFR part 

648. The regulations require annual 

specification of a commercial quota that 

is apportioned on a percentage basis 

among the coastal states from Florida 

through Maine. The process to set the 

annual commercial quota and the 

percent allocated to each state is 

described in § 648.160. 

The initial coast wide commercial 

quota for Atlantic bluefish for the 2006 

calendar year was set equal to 4,215,802 

lb (1,912 mt) (71 FR 9472, February 24, 

2006). The initial commercial quota was 

adjusted by transferring 3,865,294 lb 

(1,753 mt) from the recreational 

allocation, resulting in a total 

commercial quota of 8,081,096 lb (3,666 

mt). The percent allocated to vessels 

landing bluefish in New York is 10.3851 

percent, resulting in an initial 

commercial quota of 839,230 lb (380,672 

kg). The 2006 allocation was reduced to 

775,526 lb (351,773 kg) (71 FR 27977, 

May 15, 2006) due to research set-aside 

and a quota overage in 2005. New York 

received transfers of commercial 

bluefish quota from Virginia (71 FR 

42315, July 26, 2006) and Florida (71 FR 

51531, August 30, 2006), which resulted 

in a 2006 allocation of 1,025,526 lb 

(465,171 kg). 

Section 648.161(b) requires the 

Administrator, Northeast Region, NMFS 

(Regional Administrator) to monitor 

state commercial quotas and to 

determine when a state’s commercial 

quota has been harvested. NMFS then 

publishes a notification in the Federal 

Register to advise the state and to notify 

Federal vessel and dealer permit holders 

that, effective upon a specific date, the 

state’s commercial quota has been 

harvested and no commercial quota is 

available for landing bluefish in that 

state. The Regional Administrator has 

determined, based upon dealer reports 

and other available information, that 

New York has harvested its quota for 

2006. 

The regulations at § 648.4(b) provide 

that Federal permit holders agree, as a 

condition of the permit, not to land 

bluefish in any state that the Regional 

Administrator has determined no longer 

has commercial quota available. 

Therefore, effective 0001 hours, 

December 12, 2006, further landings of 

bluefish in New York by vessels holding 

Atlantic bluefish commercial Federal 

fisheries permits are prohibited for the 

remainder of the 2006 calendar year, 

unless additional quota becomes 

available through a transfer and is 

announced in the Federal Register. 

Effective 0001 hours, December 12, 

2006, federally permitted dealers are 

also notified that they may not purchase 

bluefish from federally permitted 

vessels that land in New York for the 

remainder of the calendar year, or until 

additional quota becomes available 

through a transfer. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: December 5, 2006. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 06–9624 Filed 12–6–06; 3:08 pm] 

BILLING CODE 3510–22–S 


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