54524 Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Rules and Regulations 

not impose with respect to such 

frequency bands or air interfaces 

materially greater obligations than those 

imposed on other services subject to this 

section. Any new obligations on 

manufacturers and Tier I carriers 

pursuant to paragraphs (c) through (i) of 

this section as a result of such standards 

shall become effective no less than one 

year after release of the order adopting 

such standards and any new obligations 

on other service providers shall become 

effective no less than 15 months after 

the release of such order, except that 

any new obligations on manufacturers 

and service providers subject to 

paragraph (e)(1)(ii) of this section shall 

become effective no less than two years 

after the release of such order. 

* * * * * 

[FR Doc. 2010–22253 Filed 9–7–10; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 207 

RIN 0750–AG61 

Defense Federal Acquisition 

Regulation Supplement; Acquisition 

Strategies To Ensure Competition 

Throughout the Life Cycle of Major 

Defense Acquisition Programs (DFARS 

Case 2009–D014) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is adopting as final, 

without change, an interim rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement the Weapon 

Systems Acquisition Reform Act of 

2009, to improve the organization and 

procedures of DoD for the acquisition of 

major weapon systems. 

DATES: Effective Date: September 8, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Ms. Meredith Murphy, 703–602–1302. 

SUPPLEMENTARY INFORMATION: 

A. Background 

On May 22, 2009, the Weapon 

Systems Acquisition Reform Act (Pub. 

L. 111–23) was enacted to improve the 

organization and procedures of DoD for 

the acquisition of major weapon 

systems. This law establishes new 

oversight entities within DoD, as well as 

new and varied weapon system 

acquisition and management reporting 

requirements. 

Section 202 directs the Secretary of 

Defense (SECDEF) to ensure that the 

acquisition strategy for each major 

defense acquisition program (MDAP) 

includes: (1) Measures to ensure 

competition at both the prime contract 

and subcontract level of the MDAP 

throughout its life cycle as a means to 

improve contractor performance; and (2) 

adequate documentation of the rationale 

for selection of the subcontractor tier or 

tiers. It also outlines measures to ensure 

such competition. Furthermore, it 

requires the SECDEF: (1) To take 

specified actions to ensure fair and 

objective ‘‘make-buy’’ decisions by 

prime contractors on MDAPs; and (2) 

whenever a decision regarding the 

source of repair results in a plan to 

award a contract for performance of 

maintenance and sustainment of a major 

weapon system, to ensure that such 

contract is awarded on a competitive 

basis with full consideration of all 

sources. 

An interim rule was published at 75 

FR 8272 on February 24, 2010. No 

comments were received in response to 

the interim rule. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. This is not a major 

rule under 5 U.S.C. 804. 

B. 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 the changes are to internal 

Government organization and operating 

procedures only. The rule imposes new 

oversight and reporting requirements 

internal only to DoD. As such, the rule 

imposes no changes on contractors 

doing business with DoD. 

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 Part 207 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Interim Rule Adopted as Final Without 

Change 

■ Accordingly, the interim rule 

amending 48 CFR part 207 which was 

published at 75 FR 8272 on February 24, 

2010, is adopted as a final rule without 

change. 

[FR Doc. 2010–22230 Filed 9–7–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 211 and 237 

RIN 0750–AG72 

Defense Federal Acquisition 

Regulation Supplement; Guidance on 

Personal Services (DFARS Case 2009– 

D028) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Interim rule with request for 

comments. 

SUMMARY: DoD is issuing an interim rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to enable further 

implementation of section 831 of the 

Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 

to require DoD to develop guidance 

related to personal services contracts. 

DATES: Effective Date: September 8, 

2010. 

Comment Date: Comments on the 

interim rule should be submitted in 

writing to the address shown below on 

or before November 8, 2010, to be 

considered in the formation of the final 

rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2009–D028, 

using any of the following methods: 

Æ Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Æ E-mail: dfars@osd.mil. Include 

DFARS Case 2009–D028 in the subject 

line of the message. 

Æ Fax: 703–602–0350. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Meredith 

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

Room 3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Comments received generally will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

To confirm receipt of your 

comment(s), please check http:// 

www.regulations.gov approximately two 

to three days after submission to verify 

posting (except allow 30 days for 

posting of comments submitted by 

mail). 

mstockstill on DSKH9S0YB1PROD with RULES