### 25159 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Proposed Rules

specified circumstances. Currently, there are 7 eligible telecommunications carriers serving Puerto Rico, none of which qualify as a small entity. Accordingly, the proposed rule will not have a significant economic impact on a substantial number of small entities.

8. The Commission therefore certifies, pursuant to the RFA, that the proposals in this notice of proposed rulemaking, if adopted, will not have a significant economic impact on a substantial number of small entities. If commenters believe that the proposals discussed in the notice of proposed rulemaking require additional RFA analysis, they should include a discussion of these issues in their comments and additionally label them as RFA comments. The Commission will send a copy of the notice of proposed rulemaking, including a copy of this initial certification, to the Chief Counsel for Advocacy of the SBA. In addition, a copy of the notice of proposed rulemaking and this initial certification will be published in the Federal Register

. C. Ex Parte Presentations

9. This proceeding shall be treated as

a ‘‘permit-but-disclose’’ proceeding in accordance with the Commission’s ex parte rules. Persons making oral ex parte presentations are reminded that memoranda summarizing the presentations must contain summaries of the substance of the presentations and not merely a listing of the subjects discussed. More than a one or two sentence description of the views and arguments presented is generally required. Other requirements pertaining to oral and written presentations are set forth in § 1.1206(b) of the Commission’s rules. List of Subjects in 47 CFR Part 54

Communications Common Carriers, Low income, Puerto Rico, Reporting and record keeping requirements, Schools, Telecommunications, Telephone.

Marlene H. Dortch, Secretary, Federal Communications Commission. Proposed Rules

For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR part 54 as follows:

**PART 54—UNIVERSAL SERVICE**

1. The authority citation continues to read as follows:

Authority: 47 U.S.C. 151, 154(i), 201, 205, 214, and 254 unless otherwise noted. 2. Section 54.411 is amended by revising the first sentence of paragraphs (a)(3), the second sentence of paragraph (b), and by adding paragraph (e) to read as follows:

**§ 54.411 Link Up program defined.**

(a) * * * (3) For an eligible resident of Tribal lands or Puerto Rico, a reduction of up to $70, in addition to the reduction in paragraph (a)(1) of this section, to cover 100 percent of the charges between $60 and $130 assessed for commencing telecommunications service at the principal place of residence of the eligible resident of Tribal lands or Puerto Rico. * * *

(b) * * * An eligible resident of Tribal lands or Puerto Rico may participate in paragraphs (a)(1), (a)(2), and (a)(3) of this section.

* * * * *

(e) In order to receive enhanced Link Up support for discounted connection charges provided to eligible residents of Puerto Rico pursuant to paragraph (a)(3) of this section, an eligible telecommunication carrier must comply with the following requirements:

(1) An eligible low-income consumer in Puerto Rico has requested service under the Lifeline or Link Up Programs but such service could not be provided absent construction of additional facilities.

(2) The eligible telecommunications carrier must report the number of consumers that request such additional Link Up support, the number of consumers that receive such support, the reasons why any requesting consumers did not qualify for or receive such support, the cost of constructing the additional facilities, and a description of the additional facilities constructed. This information must be included in the annual report required by section 54.209 of our rules.

[FR Doc. 2010–10853 Filed 5–6–10; 8:45 am]

**BILLING CODE 6712–01–P DEPARTMENT OF DEFENSE** 

**Defense Acquisition Regulations System** 

**48 CFR Part 207**

**RIN 0750–AG45**

**Defense Federal Acquisition Regulation Supplement; Preservation**  **of Tooling for Major Defense Acquisition Programs (DFARS Case**  **2008–D042)**

**AGENCY :**  Defense Acquisition Regulations System, Department of Defense (DoD).

**ACTION :**  Proposed rule with request for
comments.

**SUMMARY :**  DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 815 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009. Section 815 requires acquisition plans for major weapons systems to include a plan for the preservation and storage of special tooling associated with the production of hardware for major defense acquisition programs through the end of the service life of the related weapons system.

**DATES :**  Comments on the proposed rule should be submitted in writing to the address shown below on or before July 6, 2010, to be considered in the formation of the final rule.

**ADDRESSES :**  You may submit comments, identified by DFARS Case 2008–D042, 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 2008–D042 in the subject line of the message.

• Fax: 703–602–0350.

• Mail: Defense Acquisition Regulations System, Attn: Ms. Mary Overstreet, OUSD(AT&L)DPAP(DARS), 3060 Defense Pentagon, Room 3B855, Washington, DC 20301–3060.

Comments received generally will be posted without change to http:// www.regulations.gov, including any personal information provided.

**FOR FURTHER INFORMATION CONTACT :**  Ms. Mary Overstreet, 703–602–0311.

**SUPPLEMENTARY INFORMATION :**  A. Background

This proposed rule affects all contracts for major weapons that will require special tooling associated with the production of hardware for major


### 25160 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Proposed Rules

defense acquisition programs. The DFARS language requires acquisition plans for major weapons systems to include a plan for the preservation and storage of special tooling associated with the production of hardware for major defense acquisition programs through the end of the service life of the related weapons system. The plan shall include the identification of any contract clauses, facilities, and funding required for the preservation and storage of such tooling unless the Under Secretary of Defense (Acquisition, Technology, and Logistics) waives this requirement in the best interest of DoD.

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 this rule affects the internal operating procedures of the Government. 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–D042) in correspondence. C. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the proposed rule does not contain new 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.

Therefore, DoD proposes to amend 48 CFR part 207 as follows:

1. The authority citation for 48 CFR part 207 continues to read as follows:

Authority: 41 U.S.C. 421 and 48 CFR chapter 1. **PART 207—ACQUISITION PLANNING**

**Subpart 207.1 Acquisition Plans**

2. Add paragraph (S–73) to section 207.106 to read as follows:

**207.106 Additional requirements for major systems.** 
* * * * *

(S–73) In accordance with section 815 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Pub. L. 110–417) and DoD policy requirements, acquisition plans for major weapons systems shall include a plan for the preservation and storage of special tooling associated with the production of hardware for major defense acquisition programs through the end of the service life of the related weapons system. The plan shall include the identification of any contract clauses, facilities, and funding required for the preservation and storage of such tooling. Section 815 also allows USD(AT&L) to waive this requirement if USD(AT&L) determines that it is in the best interest of DoD.

[FR Doc. 2010–10769 Filed 5–6–10; 8:45 am]

**BILLING CODE 5001–08–P**

**DEPARTMENT OF DEFENSE**

**Defense Acquisition Regulations System** 

**48 CFR Parts 211 and 252**

**Defense Federal Acquisition Regulation Supplement; Marking of**  **Government-Furnished Property (DFARS Case 2008–D050)** 

**AGENCY :**  Defense Acquisition Regulations System, Department of Defense (DoD).

**ACTION :**  Proposed rule with request for
comments.

**SUMMARY :**  DoD is issuing a proposed rule to require contractors to tag, label, or mark items of Government-furnished property identified in the contract when the Government-furnished material and Government-furnished property are subject to serialized item management.

**DATES :**  Comments on the proposed rule should be submitted in writing to the address shown below on or before July 6, 2010, to be considered in the formation of the final rule.

**ADDRESSES :**  You may submit comments, identified by DFARS Case 2008–D050, 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 2008–D050 in the subject line of the message.

Fax: 703–602–0350. Mail: Defense Acquisition Regulations System, Attn: Ms. Mary Overstreet, OUSD(AT&L)DPAP(DARS), 3060 Defense Pentagon, Room 3B855, Washington, DC 20301–3060.

Comments received generally will be posted without change to http:// www.regulations.gov, including any personal information provided.

**FOR FURTHER INFORMATION CONTACT :**  Ms. Mary Overstreet, 703–602–0311.

**SUPPLEMENTARY INFORMATION :**  A. Background

It is DoD policy to uniquely mark, identify, and track Government property through the use of unique identifiers. Unique identifiers allow DoD to track and trace property items throughout their lifecycle (in acquisition and logistics business processes and systems) in an integrated approach across the Department of Defense,Federal and state agencies, nongovernmental organizations, and domestic and foreign persons and organizations to provide national level traceability. B. Regulatory Flexibility Act

DoD has prepared an initial regulatory flexibility analysis consistent with 5 U.S.C. 603. A copy of the analysis may be obtained from the point of contact specified herein. The analysis is summarized as follows:

The objective of the rule is to improve the accountability and control of DoD assets. The proposed clause requires contractors who are provided Government-furnished property to tag,label, or mark the items of Governmentfurnished property identified in the contract when the requiring activity determines that such items are subjectto serialized item management (seriallymanaged items). At this time, DoD is unable to estimate the number of small entities to which this rule will apply.

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–D050) in correspondence. C. Paperwork Reduction Act

The Paperwork Reduction Act (Pub. L. 96–511) does not apply because the