23504 Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / Rules and Regulations 

the apparently inaccurate wording of 

§ 1609.3, the matter came to LSC’s 

attention through a question raised in 

the course of a compliance visit being 

conducted by the Corporation’s Office of 

Compliance and Enforcement. Given the 

question being raised internally at LSC 

and the clear conflict between the 

regulations (1609 and 1610), LSC does 

not believe it would be appropriate to 

permit this situation to continue, 

particularly when there is a simple and 

straightforward solution to the problem. 

LSC further believes that amending 

the regulation in this way brings the 

regulation into conformity with the 

provisions of the LSC Act (and is not 

inconsistent with anything in the 

applicable appropriations acts). 

Moreover, it resolves the conflict 

between parts 1609 and 1610 and 

reflects the intention of the Corporation 

in 1997 to refrain from making a 

substantive change to the previously 

existing (pre-1997) scope of the 

regulation. In addition, amending part 

1609 in this way is consistent with the 

existing LSC guidance and practice. As 

noted above, the LSC Compliance 

Supplement to the Audit Guide 

guidance to auditors does not instruct 

them to apply the restrictions to a 

recipient’s public non-LSC funds and to 

our knowledge the auditors have not 

been reporting instances of a recipient’s 

use of public non-LSC funds as 

problematic with respect to the 

regulation. Further, LSC’s practice has 

not been to apply the restriction to a 

recipient’s public non-LSC funds. 

Finally, to LSC’s knowledge, the general 

understanding and practice in the field 

has been that the restriction does not 

apply to a recipient’s public non-LSC 

funds. This understanding was 

confirmed in the comments LSC 

received on the proposed rule. Thus, 

amending part 1609 to clarify that it 

applies as an restriction on LSC and 

private non-LSC funds, rather than as an 

entity restriction, does not create any 

substantive change from current 

practice. 

In light of the above, LSC amends 

§ 1609.3(a) to clarify that a recipient 

may not use Corporation funds to 

provide legal assistance in a feegenerating case (unless one of the 

exceptions apply). As 45 CFR 1610.4 is 

being amended, that provision will 

continue to subject a recipient’s private 

funds to the fee-generating case 

restrictions in part 1609. 

List of Subjects in 45 CFR Part 1609 

Grant programs—law, Legal services. 

For reasons set forth above, and under 

the authority of 42 U.S.C. 2996g(e), LSC 

amends 45 CFR part 1609 as follows: 

PART 1609—FEE-GENERATING 

CASES 

■ 1. The authority citation for part 1609 

continues to read as follows: 

Authority: 42 U.S.C. 2996f(b)(1); 42 U.S.C. 

2996e(c)(1). 

■ 2. Section 1609.3 is amended by 

revising paragraph (a) introductory text 

to read as follows: 

§ 1609.3 General requirements. 

(a) Except as provided in paragraph 

(b) of this section, a recipient may not 

use Corporation funds to provide legal 

assistance in a fee-generating case 

unless: 

* * * * * 

Victor M. Fortuno, 

Vice President & General Counsel. 

[FR Doc. 2011–10116 Filed 4–26–11; 8:45 am] 

BILLING CODE 7050–01–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 207 

RIN 0750–AH12 

Defense Federal Acquisition 

Regulation Supplement; Definition of 

Multiple-Award Contract (DFARS Case 

2011–D016) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to revise the definition of 

multiple-award contract. 

DATES: Effective Date: April 27, 2011. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Dustin Pitsch, 703–602–0289. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This DFARS case is amending the 

definition of ‘‘multiple-award contract’’ 

at DFARS 207.107–2. The revised 

DFARS language is correcting previous 

imprecision in implementing the 

statute. No policy or substantive 

changes are made. The final rule 

amendments are made to correct the 

current definition by— 

—Deleting ‘‘Orders placed using’’ to 

reflect that the multiple-award 

contract is the basic schedule 

contract, and not the individual 

orders placed under it; 

—Adding ‘‘or Department of Veterans 

Affairs’’ to correctly reflect the 

agencies that have statutory authority 

to issue schedule contracts; and 

—Adding hyphens where appropriate 

for unit modifiers. 

DoD has issued a final rule because 

this change does not have a significant 

effect beyond the internal operating 

procedures of DoD and does not have a 

significant cost or administrative impact 

on contractors or offerors. Therefore, 

public comment is not required in 

accordance with 41 U.S.C 1707. 

II. Executive Order 12866 and 

Executive Order 13563 

Executive Orders 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). Executive Order 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 Executive Order 

12866, Regulatory Planning and Review, 

dated September 30, 1993. This rule is 

not a major rule under 5 U.S.C. 804. 

III. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule. This final rule 

does not constitute a significant DFARS 

revision within the meaning of FAR 

1.501 and public comment is not 

required in accordance with 41 U.S.C. 

418b(a). 

IV. 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 207 

Government procurement. 

Mary Overstreet, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 207 is 

amended as follows: 

PART 207—ACQUISITION PLANNING 

■ 1. The authority citation for 48 CFR 

part 207 continues to read as follows: 

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

chapter 1. 

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Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / Rules and Regulations 23505 

■ 2. Section 207.170–2 definition of 

‘‘Multiple award contract’’ is amended 

by revising paragraphs (1) and (2) to 

read as follows: 

207.170–2 Definitions. 

* * * * * 

Multiple-award contract means— 

(1) A multiple-award schedule 

contract issued by the General Services 

Administration or Department of 

Veterans Affairs as described in FAR 

subpart 8.4; 

(2) A multiple award task-order or 

delivery-order contract issued in 

accordance with FAR subpart 16.5; or 

* * * * * 

[FR Doc. 2011–10087 Filed 4–26–11; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 232 

RIN 0750–AH19 

Defense Federal Acquisition 

Regulation Supplement; Accelerate 

Small Business Payments (DFARS 

Case 2011–D008) 

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 accelerate payments to all 

small business concerns. 

DATES: The interim rule is effective 

April 27, 2011. Comments on the 

interim rule should be submitted in 

writing to the address shown below on 

or before June 27, 2011, to be considered 

in the formation of the final rule. 

ADDRESSES: Submit comments, 

identified by DFARS Case 2011–D008, 

using any of the following methods: 

Æ Regulations.gov: http:// 

www.regulations.gov. 

Submit comments via the Federal 

eRulemaking portal by inputting 

‘‘DFARS Case 2011–D008’’ under the 

heading ‘‘Enter keyword or ID’’ and 

selecting ‘‘Search.’’ Select the link 

‘‘Submit a Comment’’ that corresponds 

with ‘‘DFARS Case 2011–D008.’’ Follow 

the instructions provided at the ‘‘Submit 

a Comment’’ screen. Please include your 

name, company name (if any), and 

‘‘DFARS Case 2011–D008’’ on your 

attached document. 

Æ E-mail: dfars@osd.mil. Include 

DFARS Case 2011–D008 in the subject 

line of the message. 

Æ Fax: 703–602–0350. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Ms. Lee 

Renna, 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). Follow the 

instructions for submitting comments. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lee Renna, 703–602–0764. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is amending the DFARS to 

accelerate payments for all small 

business concerns. Currently, DoD 

assists small disadvantaged business 

concerns by paying them as quickly as 

possible after invoices are received and 

before the normal payment due dates 

established in the contract. This interim 

rule removes the term ‘‘disadvantaged’’ 

from the language at DFARS 232.903 

and DFARS 232.906(a)(ii), thereby 

extending this payment policy 

uniformly to all small business 

concerns. 

II. Executive Order 12866 and 

Executive Order 13563 

Executive Orders 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). Executive Order 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 Executive Order 

12866, Regulatory Planning and Review, 

dated September 30, 1993. This rule is 

not a major rule under 5 U.S.C. 804. 

III. Regulatory Flexibility Act 

DoD expects this rule to have a 

significant positive economic impact on 

all small entities within the meaning of 

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

601, et seq., because it extends 

accelerated payments to all small 

business concerns. An initial regulatory 

flexibility analysis has been completed 

and is summarized as follows: 

This interim rule revises DFARS 

232.903 and 232.906(a)(ii) to allow 

accelerated payments to all small 

business concerns. This rule allows DoD 

to exercise greater flexibility offered by 

5 CFR 1315.5 and FAR 32.903 which 

permit the use of accelerated payment 

procedures for small business concerns. 

Analysis of the Federal Procurement 

Data System indicates that 

approximately 60,000 small businesses 

had active contracts in Fiscal Year 2010. 

It is reasonable to assume a similar 

number of small businesses will be 

positively affected by the use of 

accelerated payment procedures. 

There are no information collection 

requirements associated with this rule. 

This rule does not duplicate, overlap, or 

conflict with any other Federal rules. 

The desired outcome is best achieved 

by the implementation of the rule as 

stated herein and there are no other 

alternatives available to achieve the 

desired outcome. This rule is expected 

to have a positive impact on small 

entities. 

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 2011–D008) in 

correspondence. 

IV. 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 Burden Act (44 U.S.C. 

chapter 35). 

V. Determination to Issue an Interim 

Rule 

A determination has been made under 

the authority of the Secretary of Defense 

(DoD) that urgent and compelling 

circumstances exist to promulgate this 

interim rule without prior opportunity 

for public comments pursuant to 41 

U.S.C. 1707 and FAR 1.501–3(b). This 

action is necessary to ensure DoD 

implements cash flow improvements for 

small business firms as quickly as 

possible. Accelerating payments is a 

way to boost the financial health of 

small businesses. At present, the 

authority to accelerate payments at 

DFARS 232.903 and 232.906 is limited 

WReier-Aviles on DSKGBLS3C1PROD with RULES