9114 Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Rules and Regulations 

3See Notice of Public Information Collection(s) 

Being Submitted for Review and Approval to the 

Office of Management and Budget (OMB), 

Comments Requested, 75 FR 3731 (January 22, 

2010). 

text that must be used in the consumer 

disclosure at the point of sale. 

On January 22, 2010, the Commission 

requested emergency approval of the 

information collection requirements 

from the Office of Management and 

Budget (OMB).3 On February 17, 2010, 

the Commission received OMB 

approval. The OMB control number for 

this collection is 3060–1135. This 

information collection will be used to 

ensure that these microphones do not 

continue to be used or continue to be 

made available for use in the United 

States in the 700 MHz Band, in 

contravention of the steps taken by the 

Commission to make the 700 MHz Band 

available for use by public safety 

entities and commercial licensees, and 

to provide them a home in the core TV 

spectrum. 

Federal Communications Commission. 

Gloria J. Miles, 

Federal Register Liaison. 

[FR Doc. 2010–4265 Filed 2–25–10; 4:15 pm] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 10–36, MB Docket No. 07–163, RM– 

11385, RM–11416] 

FM Table of Allotments, Markham, 

Ganado, and Victoria, Texas 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The staff grants a rulemaking 

petition filed by Katherine Pyeatt to 

allot Channel 283A to Markham, Texas, 

as a second local service. The staff also 

grants a counterproposal filed by Fort 

Bend Broadcasting Company, licensee 

of Station KHTZ(FM), Ganado, Texas, to 

upgrade Station KHTZ(FM) from 

Channel 284C2 to Channel 235C and to 

modify its license accordingly. 

DATES: Effective March 15, 2010. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW, 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Andrew J. Rhodes, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order, MB Docket No. 07–163, 

adopted January 27, 2010, and released 

January 29, 2010. The full text of this 

Commission document is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Information Center (Room CY–A257), 

445 12th Street, SW., Washington, DC. 

The complete text of this decision 

may also be purchased from the 

Commission’s copy contractor, Best 

Copy and Printing, Inc., 445 12th Street, 

SW, Room CY–B402, Washington, DC 

20554, 800–378–3160 or via the 

company’s website, <http:// 

www.bcpiweb.com>. 

The Notice of Proposed Rule Making 

in this proceeding proposed the 

allotment of Channel 235A at Markham, 

Texas. As described above, Fort Bend 

Broadcasting proposed the upgrade of 

its Station KHTZ(FM), Ganado, Texas, 

from Channel 284C2 to Channel 235C at 

a new transmitter site and the 

modification of its license to specify 

operation on non–adjacent Channel 

235C. The document explains that it 

was not necessary to compare these 

conflicting proposals because an 

alternate channel is available for 

allotment at Markham. Specifically, the 

document allots Channel 283A at 

Markham in lieu of Channel 235A. 

Because the conflict was resolved, the 

document also grants Fort Bend’s 

counterproposal to upgrade Station 

KHTZ(FM) to Channel 235C. To 

accommodate this upgrade, the 

document substitutes Channel 284C3 for 

Channel 236C3 at Victoria, Texas, and 

modifies the license for Station 

KVIC(FM), Victoria, to specify operation 

on Channel 284C3. Finally, because Fort 

Bend’s counterproposal involves 

licensed stations, the channel 

substitutions for Station KHTZ(FM) at 

Gandado, Texas, and for KVIC(FM), 

Victoria, Texas, will be updated in the 

Commission’s Consolidated Data Base 

System [CDBS]. 

This document does not contain new 

or modified information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (PRA), Public 

Law 104–13.In addition, therefore, it 

does not contain any new or modified 

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 

the Report & Order in a report to be sent 

to Congress and the Government 

Accountability Office pursuant to the 

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

801(a)(1)(A). 

Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

As stated 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. 

§ 73.202 [Amended] 

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

Allotments under Texas, is amended by 

adding Markham, Channel 283A. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. 2010–4131 Filed 2–26–10; 8:45 am] 

BILLING CODE 6712–01–S 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 217 

Defense Federal Acquisition 

Regulation Supplement; Additional 

Requirements Applicable to Multiyear 

Contracts (DFARS Case 2008–D023) 

AGENCY: Defense Acquisition 

Regulations System. Department of 

Defense (DoD). 

ACTION: Interim rule with request for 

comments. 

SUMMARY: DoD is issuing this interim 

rule amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement Section 811 of 

the National Defense Authorization Act 

(NDAA) for Fiscal Year 2008. Section 

811 is applicable to multiyear contracts 

for the procurement of major systems of 

DoD. This interim rule also implements 

section 8008 of the Fiscal Year 2007 

Defense Appropriations Act, and the 

same language in subsequent DoD 

appropriations acts. Section 8008 

specifically addresses multiyear 

procurement of aircraft. 

DATES: Effective March 1, 2010. 

Comments on the interim rule should be 

submitted to the address shown below 

on or before April 30, 2010 to be 

considered in the formation of the final 

rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2008–D023, 

using any of the following methods: 

mstockstill on DSKH9S0YB1PROD with RULES

Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Rules and Regulations 9115 

Æ Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

Æ E-mail: dfars@osd.mil. Include 

DFARS Case 2008–D023 in the subject 

line of the message. 

Æ Fax: (703) 602–0350. 

Æ Mail: Defense Acquisition 

Regulations Council, Attn: Ms. Meredith 

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

3060 Defense Pentagon, Room 3B855, 

Washington, DC 20301–3060. 

Æ Hand Delivery/Courier: Defense 

Acquisition Regulations Council, 

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. 

Meredith Murphy, 703–602–1302. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Section 811 of the National Defense 

Authorization Act (NDAA) for Fiscal 

Year 2008 amends 10 U.S.C. 2306b and 

is applicable to multiyear contracts for 

the procurement of major systems of 

DoD. Section 811 imposes several 

additional requirements applicable to 

multiyear contracts for the acquisition 

of property, including deletion of one 

requirement, but the addition of six new 

requirements that the Secretary of 

Defense must certify in writing in the 

year he requests legislative authority to 

enter into a multiyear contract. Section 

811 requires the Secretary of Defense to 

certify in writing, by no later than 

March 1 of the year in which the 

Secretary requests legislative authority 

to enter into a multiyear contract with 

respect to Major Defense Acquisition 

Programs (MDAPs), that the Secretary of 

Defense has made certain cost savings 

determinations with regard to such 

contract. 

DoD has revised DFARS 217.1 

accordingly. The revision to the DFARS 

does not include 2306b(a)(1)–(5), which 

was not revised by Section 811, and 

which is covered at Federal Acquisition 

Regulation (FAR) 17.105–1(b). These 

FAR paragraphs remain applicable to 

DOD, National Aeronautics and Space 

Administration, and the Coast Guard. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

DoD does not expect this rule to 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 relates primarily to 

internal operating procedures of DoD 

and will not have a significant cost or 

administrative impact on contractors or 

offerors. Therefore, DoD has not 

performed an initial regulatory 

flexibility analysis. 

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 2008–D023) in 

correspondence. 

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. 

List of Subjects in 48 CFR Parts 217 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR part 217 is 

amended as follows: 

■ 1. The authority citation for 48 CFR 

part 217 continues to read as follows: 

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

Chapter 1. 

PART 217—SPECIAL CONTRACTING 

METHODS 

■ 2. Section 217.170 is amended by 

■ a. Redesignating existing paragraphs 

(b), (c), and (d) as paragraphs (c), (d), 

and (e), respectively; and 

■ b. Adding new paragraph (b) to read 

as follows: 

217.170 General. 

* * * * * 

(b) Any requests for increased funding 

or reprogramming for procurement of a 

major system under a multiyear contract 

authorized under this section shall be 

accompanied by an explanation of how 

the request for increased funding affects 

the determinations made by the 

Secretary of Defense under 217.172(e)(2) 

(10 U.S.C. 2306b(i)(1)). 

* * * * * 

■ 3. Section 217.172 is amended by: 

■ a. Redesignating paragraphs (c) 

through (h) as paragraphs (d) through 

(i); 

■ b. Adding new paragraph (c); and 

■ c. Revising newly redesignated 

paragraphs (d) and (f). 

The addition and revisions read as 

follows: 

217.172 Multiyear contracts for supplies. 

* * * * * 

(c) The head of the agency shall not 

enter into a multiyear contract unless— 

(1) The Secretary of Defense has 

submitted to Congress a budget request 

for full funding of units to be procured 

through the contract; and 

(2) In the case of a contract for 

procurement of aircraft, the budget 

request includes full funding of 

procurement funds for production 

beyond advance procurement activities 

of aircraft units to be produced in the 

fiscal year covered by the budget. 

(d)(1) The head of the agency must 

not enter into or extend a multiyear 

contract that exceeds $500 million 

(when entered into or extended until the 

Secretary of Defense identifies the 

contract and any extension in a report 

submitted to the congressional defense 

committees (10 U.S.C. 2306b(1)(5)). 

(2) In addition, for contracts equal to 

or greater than $500 million, the head of 

the contracting activity must determine 

that the conditions required by 

paragraphs (f)(2)(i) through (vii) of this 

section will be met by such contract, in 

accordance with the Secretary’s 

certification and determination required 

by paragraph (e)(2) of this section (10 

U.S.C. 2306b(a)(1)(7)). 

* * * * * 

(f) The head of the agency shall 

ensure that the following conditions are 

satisfied before awarding a multiyear 

contract under the authority described 

in paragraph (b) of this section: 

(1) The multiyear exhibits required by 

DoD 7000.14–R, Financial Management 

Regulation, are included in the agency’s 

budget estimate submission and the 

President’s budget request. 

(2) The Secretary of Defense certifies 

to Congress in writing, by no later than 

March 1 of the year in which the 

Secretary requests legislative authority 

to enter into such contracts, that each of 

the conditions in paragraphs (f)(2)(i) 

through (vii) of this section are satisfied 

(10 U.S.C. 2306b(i)(1)(A)–(G)). 

(i) The Secretary has determined that 

each of the requirements in FAR 17.105, 

paragraphs (b)(1) through (6) will be met 

by such contract and has provided the 

basis for such determination to the 

congressional defense committees (10 

U.S.C. 2306b(i)(1)(A)). 

(ii) The Secretary’s determination 

under paragraph (f)(2)(i) of this section 

was made after the completion of a cost 

analysis performed by the Cost 

Assessment and Program Evaluation 

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9116 Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Rules and Regulations 

(CAPE) of the Department of Defense 

and such analysis supports the findings 

(10 U.S.C. 2306b(i)(1)(B)). 

(iii) The system being acquired 

pursuant to such contract has not been 

determined to have experienced cost 

growth in excess of the critical cost 

growth threshold pursuant to section 10 

U.S.C. 2433(d) within 5 years prior to 

the date the Secretary anticipates such 

contract (or a contract for advance 

procurement entered into consistent 

with the authorization for such contract) 

will be awarded (10 U.S.C. 

2306b(i)(1)(C)). 

(iv) A sufficient number of end items 

of the system being acquired under such 

contract have been delivered at or 

within the most current estimates of the 

program acquisition unit cost or 

procurement unit cost for such system 

to determine that current estimates of 

such unit costs are realistic (10 U.S.C. 

2306b(i)(1)(D)). 

(v) During the fiscal year in which 

such contract is to be awarded, 

sufficient funds will be available to 

perform the contract in such fiscal year, 

and the future-years defense program for 

such fiscal year will include the funding 

required to execute the program without 

cancellation (10 U.S.C. 2306b(i)(1)(E)). 

(vi) The contract is a fixed price type 

contract (10 U.S.C. 2306b(i)(1)(F)). 

(vii) The proposed multiyear contract 

provides for production at not less than 

minimum economic rates, given the 

existing tooling and facilities. The head 

of the agency shall submit to USD(C)(P/ 

B) information supporting the agency’s 

determination that this requirement has 

been met (10 U.S.C. 2306b(i)(1)(G)). 

(viii) The head of the agency shall 

submit information supporting this 

certification to USD(C)(P/B) for 

transmission to Congress through the 

Secretary of Defense. 

(ix) In the case of a contract with a 

cancellation ceiling in excess of $100 

million, if the budget for the contract 

does not include proposed funding for 

the costs of contract cancellation up to 

the cancellation ceiling established in 

the contract— 

(A) The head of the agency shall, as 

part of this certification, give written 

notification to the congressional defense 

committees of— 

(1) The cancellation ceiling amounts 

planned for each program year in the 

proposed multiyear contract, together 

with the reasons for the amounts 

planned; 

(2) The extent to which costs of 

contract cancellation are not included in 

the budget for the contract; and 

(3) A financial risk assessment of not 

including the budgeting for costs of 

contract cancellation (10 U.S.C. 

2306b(g)); and 

(B) The head of the agency shall 

provide copies of the notification to the 

Office of Management and Budget at 

least 14 days before contract award in 

accordance with the procedures at PGI 

217.1. 

(3) If the value of a multiyear contract 

for a particular system or component 

exceeds $500 million, use of a multiyear 

contract is specifically authorized by— 

(i) An appropriations act (10 U.S.C. 

2306b(l)(3)); and 

(ii) A law other than an 

appropriations act (10 U.S.C. 

2306b(i)(3)). 

(4) The contract is for the 

procurement of a complete and usable 

end item (10 U.S.C. 2306b(i)(4)(A)). 

(5) Funds appropriated for any fiscal 

year for advance procurement are 

obligated only for the procurement of 

those long-lead items that are necessary 

in order to meet a planned delivery 

schedule for complete major end items 

that are programmed under the contract 

to be acquired with funds appropriated 

for a subsequent fiscal year (including 

an economic order quantity of such 

long-lead items when authorized by law 

(10 U.S.C. 2306b(i)(4)(b)). 

(6) The Secretary may make the 

certification under paragraph (f)(2) of 

this section notwithstanding the fact 

that one or more of the conditions of 

such certification are not met if the 

Secretary determines that, due to 

exceptional circumstances, proceeding 

with a multiyear contract under this 

section is in the best interest of the 

Department of Defense and the 

Secretary provides the basis for such 

determination with the certification (10 

U.S.C. 2306b(i)(5)). 

(7) The Secretary of Defense may not 

delegate this authority to make the 

certification under 217.172(f)(2) or the 

determination under 217.172(f)(6) to an 

official below the level of the Under 

Secretary of Defense for Acquisition, 

Technology, and Logistics (10 U.S.C. 

2306b(i)(6)). 

(8) The Secretary of Defense shall 

send a notification containing the 

findings of the agency head under FAR 

17.105(b), and the basis for such 

findings, 30 days prior to the award of 

a multiyear contract or a defense 

acquisition program that has been 

specifically authorized by law ((10 

U.S.C. 2306b(i)(7)). 

(9) All other requirements of law are 

met and there are no other statutory 

restrictions on using a multiyear 

contract for the specific system or 

component (10 U.S.C. 2306b(i)(2)). One 

such restriction may be the achievement 

of specified cost savings. If the agency 

finds, after negotiations with the 

contractor(s), that the specified savings 

cannot be achieved, the head of the 

agency shall assess the savings that, 

nevertheless, could be achieved by 

using a multiyear contract. If the savings 

are substantial, the head of the agency 

may request relief from the law’s 

specific savings requirement. The 

request shall— 

(i) Quantify the savings that can be 

achieved; 

(ii) Explain any other benefits to the 

Government of using the multiyear 

contract; 

(iii) Include details regarding the 

negotiated contract terms and 

conditions; and 

(iv) Be submitted to OUSD (AT&L) 

DPAP for transmission to Congress via 

the Secretary of Defense and the 

President. 

[FR Doc. 2010–2703 Filed 2–26–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 090206140–91414–04] 

RIN 0648–AX39 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; 

Amendment 29 Supplement 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues this final rule to 

supplement the regulations 

implementing Amendment 29 to the 

Fishery Management Plan for Reef Fish 

Resources of the Gulf of Mexico (FMP), 

as prepared and submitted by the Gulf 

of Mexico Fishery Management Council 

(Council). Amendment 29 established a 

multi-species individual fishing quota 

(IFQ) program for the grouper and 

tilefish component of the commercial 

sector of the reef fish fishery in the Gulf 

of Mexico (Gulf) exclusive economic 

zone. This final rule removes several 

measures constraining harvest of 

shallow-water grouper species that were 

inadvertently not removed in the final 

rule for Amendment 29, further clarifies 

existing criteria for approval of new 

landing locations for both the red 

snapper IFQ program and grouper and 

tilefish IFQ program, and provides a 

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