Federal Register / Vol. 89, No. 32 / Thursday, February 15, 2024 / Rules and Regulations 11745 

In establishing the ECIP, the 

Commission requires applicants seeking 

to participate in the program to submit 

certain information that shows the 

transaction qualifies for ECIP inclusion. 

The Commission found that the ECIP 

builds on Congressional goals in the 

MOBILE NOW Act to incentivize 

beneficial transactions in the public 

interest that will promote greater 

competition in the provision of wireless 

services, facilitate increased availability 

of advanced wireless services in rural 

areas, facilitate new opportunities for 

small carriers and Tribal Nations to 

increase access to spectrum, and bring 

more advanced wireless service 

including 5G to underserved 

communities. Specifically, in the ECIP 

Report and Order, the Commission 

revised its rules to allow any covered 

geographic licenses in included services 

to be leased to eligible entities through 

a long-term leasing arrangement. 

Specifically, in the ECIP Report and 

Order, the Commission revised its rules 

to allow any covered geographic 

licenses in included services to be 

leased to eligible entities through a longterm leasing arrangement, to designate a 

Qualifying Transaction identified in the 

application as seeking consideration 

under the ECIP. Two new questions are 

being added to the FCC Form 608 as a 

result. Respondents are required to 

indicate by yes or no answer whether 

the application is seeking consideration 

under ECIP. Respondents are also 

required to select the applicable ECIP 

prong to its Qualifying Transaction, 

pursuant to either § 1.60003 or 

§ 1.60004. A certification is also 

included via attachment to FCC Form 

608 for the purpose of certifying 

compliance with § 1.60002 of the 

Commission’s rules, which requires 

simply a check box of yes by the 

applicant. This has been approved by 

non-substantive change request. 

Finally, a new Schedule J is being 

added to FCC Form 608 and will be 

used by Spectrum Manager Lessors (i.e., 

the Licensee) to file either the Initial 

Operation Requirement Notifications 

(IORN) or the Final Operation 

Requirement Notifications (FORN), as 

required by 47 CFR 1.60004, 1.60006, on 

behalf of the Lessee. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

[FR Doc. 2024–02864 Filed 2–14–24; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 212, 237, and 252 

[Docket DARS–2023–0016] 

RIN 0750–AL07 

Defense Federal Acquisition 

Regulation Supplement: Transfer and 

Adoption of Military Animals (DFARS 

Case 2020–D021) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule to 

amend the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

implement a section of the National 

Defense Authorization Act for Fiscal 

Year 2020. 

DATES: Effective February 15, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Kimberly R. Ziegler, telephone 703– 

901–3176. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 88 FR 25606 on 

April 27, 2023, to implement section 

372(f) of the National Defense 

Authorization Act (NDAA) for Fiscal 

Year (FY) 2020 (Pub. L. 116–92). Section 

372(f), as implemented at 10 U.S.C. 

2387 (previously 10 U.S.C. 2410r), 

requires DoD contracting officers to 

include a clause in contracts when 

contract working dogs are provided 

under the contract. 10 U.S.C. 2387 

requires the transfer of a contract 

working dog, after the service life of the 

dog has terminated, to the United States 

Air Force, 341st Training Squadron. The 

preamble to the proposed rule contained 

a detailed description of the treatment 

and care to be provided for a contract 

working dog whose service life has 

terminated and the conditions under 

which that determination may be made. 

Three respondents submitted 

comments on the proposed rule. 

II. Discussion and Analysis. 

DoD reviewed the public comments in 

the development of the final rule. A 

discussion of the comments and the 

changes made to the rule as a result of 

those comments is provided, as follows: 

A. Summary of Significant Changes 

from the Proposed Rule. 

There are no significant changes from 

the proposed rule. 

B. Analysis of Public Comments 

1. Support for the Rule 

Comment: Some respondents support 

the rule. 

Response: The support is noted. 

2. Application to All Contracts for 

Military Working Dogs 

Comment: Some respondents voiced 

concerns that the rule will only apply to 

contracts at or below the simplified 

acquisition threshold (SAT). 

Response: The rule applies to all 

contracts for contract working dogs, as 

defined in 10 U.S.C. 2387(c), including 

those valued at or below the SAT. 

Section III of the preamble for the 

proposed rule provides the legal basis 

for applying the rule to contracts valued 

at or below the SAT and for commercial 

services and products, including 

commercially available off-the-shelf 

(COTS) items. 

3. Replacement vs. Termination of 

Contract Working Dogs 

Comment: Some respondents were 

concerned that a contract working dog 

would be replaced instead of retired 

under a service contract, avoiding the 

termination and transfer of the dog. 

Response: DoD generally contracts for 

a team consisting of the working dog 

and handler under a service contract. 

Service contracts include standards of 

performance for the team. If the team 

cannot perform to the standard, the 

contractor is generally expected to 

replace the team with a team that can 

perform to the standard. The statute 

recognizes that the inability to perform 

to the standard in an individual DoD 

contract does not mean that a dog has 

met the conditions for retirement or 

termination. Specifically, the contract 

working dog service life would continue 

if the dog could be utilized on another 

Federal Government contract, which 

could have different standards than a 

DoD contract. 

Comment: A respondent expressed 

concerns that the proposed rule 

explanation of the impact characterized 

the need for a contracting officer to 

make a determination as ‘‘rare’’ because 

it may be assumed that a dog’s service 

life would never be terminated. 

Response: As noted in section IV of 

the preamble for the proposed rule, DoD 

does not expect the impact of the rule 

to be significant because the number of 

acquisitions that include contract 

working dogs and handlers are few in 

number. If the contracting officer’s 

representative or requiring activity 

identifies a non-performing working dog 

and handler, an assessment will be 

conducted by Government experts to 


khammond on DSKJM1Z7X2PROD with RULES
11746 Federal Register / Vol. 89, No. 32 / Thursday, February 15, 2024 / Rules and Regulations 

determine if the conditions at 10 U.S.C. 

2387(b) are met before a 

recommendation is provided to the 

contracting officer. 

4. DoD Handlers 

Comment: Some respondents asserted 

that contract working dogs are paired 

with military and DoD civilian handlers 

and that DoD’s statement to the 

contrary, provided in the preamble for 

the proposed rule, is inaccurate. The 

respondents refer to DoD Inspector 

General (DoDIG) report 2018–081, 

entitled ‘‘The Army’s Tactical Explosive 

Detection Dog Disposition Process from 

2011 to 2014.’’ 

Response: This rule addresses 

contract working dogs that are not 

Government-owned property (see 10 

U.S.C. 2387(c)). Contract working dogs 

addressed by this rule are not paired 

with military personnel or DoD civilian 

employee handlers. The respondent’s 

references to DoDIG report 2018–081 

seem to indicate a misunderstanding of 

the difference between a contract 

working dog and those working dogs 

procured as Government property under 

the military working dog and Tactical 

Explosive Detection Dog (TEDD) 

programs. The TEDD program 

authorized the procurement of a 

working dog and provided that a 

contractor, rather than the Government, 

train, house, and care for the dog 

through certification under the military 

working dog standards. The 

Government owned these military 

working dogs and was responsible for 

their disposition in accordance with 10 

U.S.C. 2583. 

5. Penalty for Noncompliance 

Comment: Some respondents 

requested that the final rule include a 

penalty for noncompliance. 

Response: The statute does not 

provide a specific penalty for contractor 

noncompliance; however, contracting 

officers may use existing contracting 

regulations to enforce the terms of the 

contract. 

C. Other Changes 

Text at DFARS contract clause 

252.237–7027, Transfer and Adoption of 

Military Animals, is revised for clarity. 

At DFARS 237.7804, the prescription for 

the clause is also revised for clarity. 

III. Applicability to Contracts at or 

Below the Simplified Acquisition 

Threshold (SAT) and for Commercial 

Services and Commercial Products, 

Including Commercially Available Offthe-Shelf (COTS) Items 

The contract clause at DFARS 

252.237–7027, Transfer and Adoption of 

Military Animals, is prescribed at 

DFARS 237.7804 for use in solicitations 

and contracts, including solicitations 

and contracts using Federal Acquisition 

Regulation (FAR) part 12 procedures for 

commercial products and commercial 

services, that require the services of a 

contract working dog. Consistent with 

the analysis that DoD provided in the 

proposed rule with regard to the 

application of the requirements of 

section 372(f) of the NDAA for FY 2020, 

DoD has made the determination to 

apply the statute, as implemented in the 

clause at DFARS 252.237–7027, to 

contracts at or below the SAT and to the 

acquisition of commercial services, as 

defined at FAR 2.101. 

IV. Expected Impact of the Rule 

DoD does not expect the rule to have 

a significant impact on the public, 

because the need for a contracting 

officer to make a determination that a 

contract working dog has reached the 

end of its service life will be rare. Such 

acquisitions are few in number, and 

service contractors who provide 

contract working dogs and handlers are 

expected to replace dogs and handlers 

who are unable to perform to DoD 

standards. A contracting officer’s 

representative (COR) would be 

responsible for monitoring contract 

performance and coordinating any 

replacement dog and handler 

requirements. If the COR or requiring 

activity identifies a non-performing 

working dog and handler, an assessment 

will be conducted by Government 

experts to determine if the conditions at 

10 U.S.C. 2387(b) are met before a 

recommendation is provided to the 

contracting officer for action. 

V. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, as amended. 

VI. Congressional Review Act 

As required by the Congressional 

Review Act (5 U.S.C. 801–808) before an 

interim or final rule takes effect, DoD 

will submit a copy of the interim or 

final rule with the form, Submission of 

Federal Rules Under the Congressional 

Review Act, to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States. A major rule under the 

Congressional Review Act cannot take 

effect until 60 days after it is published 

in the Federal Register. The Office of 

Information and Regulatory Affairs has 

determined that this rule is not a major 

rule as defined by 5 U.S.C. 804. 

VII. Regulatory Flexibility Act 

A final regulatory flexibility analysis 

has been prepared consistent with the 

Regulatory Flexibility Act, 5 U.S.C. 601, 

et seq. and is summarized as follows: 

This final rule amends the Defense 

Federal Acquisition Regulation 

Supplement (DFARS) to implement 10 

U.S.C. 2387, as amended by section 

372(f) of the National Defense 

Authorization Act (NDAA) for Fiscal 

Year (FY) 2020 (Pub. L. 116–92). Under 

10 U.S.C. 2387, DoD contracting officers 

are required to include a clause in 

contracts for contract working dog 

services. 

The objective of the rule is to 

implement the statutory requirements 

for terminating the service life of a 

contract working dog, when certain 

circumstances apply, and transferring 

the animal to the Department of the Air 

Force, 341st Training Squadron. 

There were no significant issues 

raised by the public in response to the 

initial regulatory flexibility analysis. 

This rule will apply to small entities 

providing contract working dog and 

handler services to DoD. The contract 

clause is prescribed for use in 

solicitations and contracts for such 

services, including those conducted 

under FAR part 12 procedures for the 

acquisition of commercial products and 

commercial services. 

Research conducted in the Contract 

Opportunities section of SAM.gov 

indicates that contract working dog and 

handler services are generally procured 

under North American Industry 

Classification System codes and product 

and service codes that provide for 

certain physical security and law 

enforcement services. Data obtained 

from the Federal Procurement Data 

System (FPDS) for FYs 2019, 2020, and 

2021 indicate that DoD awards an 

average of 227 contract actions annually 

for these physical security and law 

enforcement services, which may 

include a requirement for a contract 

working dog and handler. Of the 

estimated 227 awards, an average of 

approximately 72 awards are made 

annually to an estimated 52 unique 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 32 / Thursday, February 15, 2024 / Rules and Regulations 11747 

small entities. Neither FPDS nor 

SAM.gov provide data for the number of 

awards that are specific to the contract 

working dog and handler services; 

however, this analysis assumes all of the 

estimated awards and unique small 

entities may be impacted. 

The rule does not impose any new 

reporting, recordkeeping, or compliance 

requirements. 

There are no practical alternatives 

that will accomplish the objectives of 

the statute. 

VIII. Paperwork Reduction Act 

This 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 212, 237, 

and 252 

Government procurement. 

Jennifer D. Johnson, 

Editor/Publisher, Defense Acquisition 

Regulations System. 

Therefore, 48 CFR parts 212, 237, and 

252 are amended as follows: 

■ 1. The authority citation for parts 212, 

237, and 252 continues to read as 

follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

PART 212—ACQUISITION OF 

COMMERCIAL PRODUCTS AND 

COMMERCIAL SERVICES 

■ 2. Amend section 212.301 by adding 

paragraph (f)(xv)(E) to read as follows: 

212.301 Solicitation provisions and 

contract clauses for the acquisition of 

commercial products and commercial 

services. 

* * * * * 

(f) * * * 

(xv) * * * 

(E) Use the clause at 252.237–7027, 

Transfer and Adoption of Military 

Animals, as prescribed in 237.7804 to 

comply with 10 U.S.C. 2387. 

* * * * * 

PART 237—SERVICE CONTRACTING 

■ 3. Add subpart 237.78 to read as 

follows: 

Subpart 237.78—Transfer and Adoption of 

Military Animals 

Sec. 

237.7800 Scope of subpart. 

237.7801 Definition. 

237.7802 Policy. 

237.7803 Procedures. 

237.7804 Contract clause. 

Subpart 237.78—Transfer and 

Adoption of Military Animals 

237.7800 Scope of subpart. 

This subpart implements 10 U.S.C. 

2387, which requires, under certain 

circumstances, the transfer of a contract 

working dog to the Department of Air 

Force, 341st Training Squadron, for 

veterinary screening and care in 

accordance with 10 U.S.C. 2583. 

237.7801 Definition. 

As used in this subpart— 

Contract working dog means a dog 

that— 

(1) Performs a service for DoD 

pursuant to a contract; and 

(2) Is trained and kenneled by an 

entity that provides such a dog pursuant 

to such a contract. 

237.7802 Policy. 

(a) In accordance with 10 U.S.C. 2387, 

DoD will transfer a contract working dog 

to the Department of the Air Force, 

341st Training Squadron, for veterinary 

screening and care after the service life 

of the dog has terminated. 

(b) The service life of a contract 

working dog may be terminated if— 

(1) The final contractual obligation of 

the dog preceding transfer is with DoD; 

and 

(2) The dog cannot be used by another 

department or agency of the Federal 

Government due to age, injury, or 

performance. 

(c) A contract working dog that has 

reached the end of its service life will 

be transferred for care, reclassification 

as a military animal, and placement for 

adoption in accordance with 10 U.S.C. 

2583. 

237.7803 Procedures. 

Contracting officers, at the request of 

the requiring activity, may issue a 

determination that the service life of a 

contract working dog has terminated if 

the conditions in 237.7802(b) have been 

documented by the requiring activity. 

237.7804 Contract clause. 

Use the clause at 252.237–7027, 

Transfer and Adoption of Military 

Animals, in solicitations and contracts, 

including solicitations and contracts 

using FAR part 12 procedures for the 

acquisition of commercial products and 

commercial services, that require the 

services of a contract working dog. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 4. Add section 252.237–7027 to read 

as follows: 

252.237–7027 Transfer and Adoption of 

Military Animals. 

As prescribed in 237.7804, use the 

following clause: 

Transfer and Adoption of Military Animals 

(Feb 2024) 

(a) Definition. As used in this clause— 

Contract working dog means a dog that— 

(1) Performs a service for DoD pursuant to 

a contract; and 

(2) Is trained and kenneled by an entity 

that provides such a dog pursuant to such a 

contract. 

(b) In accordance with 10 U.S.C. 2387, if 

the Contracting Officer determines that the 

service life of a contract working dog has 

terminated, the dog will be transferred to the 

Department of the Air Force, 341st Training 

Squadron, for veterinary screening and care, 

reclassification as a military animal, and 

placement for adoption in accordance with 

10 U.S.C. 2583. 

(c) The service life of a contract working 

dog may be terminated if the Contracting 

Officer determines that— 

(1) The final contractual obligation of the 

dog preceding transfer is with DoD; and 

(2) The dog cannot be used by another 

department or agency of the Federal 

Government due to age, injury, or 

performance. 

(End of clause) 

[FR Doc. 2024–02743 Filed 2–14–24; 8:45 am] 

BILLING CODE6001–FR–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 213 

[Docket DARS–2024–0001] 

Defense Federal Acquisition 

Regulation Supplement; Technical 

Amendments 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: DoD is amending the Defense 

Federal Acquisition Regulation 

Supplement (DFARS) to make needed 

editorial changes. 

DATES: Effective February 15, 2024. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jennifer D. Johnson, Defense 

Acquisition Regulations System, 

telephone 703–717–8226. 

SUPPLEMENTARY INFORMATION: This final 

rule amends the DFARS to make needed 

editorial changes to add a pointer to 

DFARS Procedures, Guidance, and 

Information. 


khammond on DSKJM1Z7X2PROD with RULES