Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Rules and Regulations 6373

(ii) [Reserved]

* * * * *

(c) * * * 

(3) Advanced telecommunications 

and information services as provided 

under § 54.621.

* * * * *

■ 4. Amend § 54.609 by adding 

paragraph (e) to read as follows:

§ 54.609 Calculating support.

* * * * *

(e) Mobile rural health care providers.

(1) Calculation of support. Mobile rural 

health care providers may receive 

discounts for satellite services 

calculated by comparing the rate for the 

satellite service to the rate for an urban 

wireline service with a similar 

bandwidth. Discounts for satellite 

services shall not be capped at an 

amount of a functionally similar 

wireline alternative. Where the mobile 

rural health care provider provides 

service in more than one state, the 

calculation shall be based on the urban 

areas in each state, proportional to the 

number of locations served in each 

state. 

(2) Documentation of support. (i) 

Mobile rural health care providers shall 

provide to the Administrator 

documentation of the price of 

bandwidth equivalent wireline services 

in the urban area in the state or states 

where the service is provided. Mobile 

rural health care providers shall provide 

to the Administrator the number of sites 

the mobile health care provider will 

serve during the funding year. 

(ii) Where a mobile rural health care 

provider serves less than eight different 

sites per year, the mobile rural health 

care provider shall provide to the 

Administrator documentation of the 

price of bandwidth equivalent wireline 

services. In such case, the Administrator 

shall determine on a case-by-case basis 

whether the telecommunications service 

selected by the mobile rural health care 

provider is the most cost-effective 

option. Where a mobile rural health care 

provider seeks a more expensive 

satellite-based service when a less 

expensive wireline alternative is most 

cost-effective, the mobile rural health 

care provider shall be responsible for 

the additional cost.

■ 5. Amend § 54.615 by revising 

paragraph (c)(2) to read as follows:

§ 54.615 Obtaining services.

* * * * *

(c) * * * 

(2) The requester is physically located 

in a rural area, unless the health care 

provider is requesting services provided 

under § 54.621; or, if the requester is a 

mobile rural health care provider 

requesting services under § 54.609(e), 

that the requester has certified that it is 

serving eligible rural areas.

* * * * *

■ 6. Amend § 54.619 by revising 

paragraph (a) to read as follows:

§ 54.619 Audits and recordkeeping. 

(a) Health care providers. (1) Health 

care providers shall maintain for their 

purchases of services supported under 

this subpart documentation for five 

years from the end of the funding year 

sufficient to establish compliance with 

all rules in this subpart. Documentation 

must include, among other things, 

records of allocations for consortia and 

entities that engage in eligible and 

ineligible activities, if applicable. 

Mobile rural health care providers shall 

maintain annual logs indicating: The 

date and locations of each clinic stop; 

and the number of patients served at 

each such clinic stop. 

(2) Mobile rural health care providers 

shall maintain its annual logs for a 

period of five years. Mobile rural health 

care providers shall make its logs 

available to the Administrator and the 

Commission upon request.

* * * * *

■ 7. Amend § 54.621 by adding 

paragraph (c) to read as follows:

§ 54.621 Access to advanced 

telecommunications and information 

services.

* * * * *

(c) Health care providers located in 

States that are entirely rural shall be 

eligible to receive universal service 

support equal to 50 percent of the 

monthly cost of advanced 

telecommunications and information 

services reasonably related to the health 

care needs of the facility.

■ 8. Amend § 54.623 by revising 

paragraphs (a), (b), (c)(2), and (c)(3) to 

read as follows:

§ 54.623 Cap. 

(a) Amount of the annual cap. The 

annual cap on federal universal service 

support for health care providers shall 

be $400 million per funding year, with 

the following exceptions. 

(b) Funding year. A funding year for 

purposes of the health care providers 

cap shall be the period July 1 through 

June 30. 

(c) * * * 

(2) For each funding year, which will 

begin on July 1, the Administrator shall 

implement a filing period that treats all 

health care providers filing within that 

period as if they were simultaneously 

received. The filing period shall begin 

on the date that the Administrator 

begins to receive applications for 

support, and shall conclude on a date to 

be determined by the Administrator. 

(3) The Administrator may implement 

such additional filing periods as it 

deems necessary. The deadline for all 

required forms to be filed with the 

Administrator is June 30 for the funding 

year that begins on the previous July 1.

* * * * *

[FR Doc. 05–2269 Filed 2–4–05; 8:45 am] 

BILLING CODE 6712–01–U

DEPARTMENT OF DEFENSE

48 CFR Part 219 

[DFARS Case 2003–D063] 

Defense Federal Acquisition 

Regulation Supplement; Small 

Business Competitiveness 

Demonstration Program

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to revise text regarding 

identification of contract awards under 

the Small Business Competitiveness 

Demonstration Program. This rule is a 

result of an initiative undertaken by 

DoD to dramatically change the purpose 

and content of the DFARS.

EFFECTIVE DATE: February 7, 2005.

FOR FURTHER INFORMATION CONTACT: Ms. 

Michele Peterson, Defense Acquisition 

Regulations Council, 

OUSD(AT&L)DPAP (DAR), IMD 3C132, 

3062 Defense Pentagon, Washington, DC 

20301–3062. Telephone (703) 602–0311; 

facsimile (703) 602–0350. Please cite 

DFARS Case 2003–D063.

SUPPLEMENTARY INFORMATION: 

A. Background 

DFARS Transformation is a major 

DoD initiative to dramatically change 

the purpose and content of the DFARS. 

The objective is to improve the 

efficiency and effectiveness of the 

acquisition process, while allowing the 

acquisition workforce the flexibility to 

innovate. The transformed DFARS will 

contain only requirements of law, DoDwide policies, delegations of FAR 

authorities, deviations from FAR 

requirements, and policies/procedures 

that have a significant effect beyond the 

internal operating procedures of DoD or 

a significant cost or administrative 

impact on contractors or offerors. 

Additional information on the DFARS 

Transformation initiative is available at 

6374 Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Rules and Regulations 

http://www.acq.osd.mil/dpap/dfars/

transf.htm.

This final rule is a result of the 

DFARS Transformation initiative. 

Section 19.1007(a)(2) of the Federal 

Acquisition Regulation requires 

inclusion of a statement on the face page 

of each contract awarded under the 

Small Business Competitiveness 

Demonstration Program, to identify the 

contract as an award under the Program. 

To accommodate the use of automated 

systems, this final rule specifies that, 

when it is not practical to mark the face 

page of an award document, alternative 

means may be used to identify a 

contract as an award under the Small 

Business Competitiveness 

Demonstration Program. 

DoD published a proposed rule at 69 

FR 35566 on June 25, 2004. DoD 

received no comments on the proposed 

rule. Therefore, DoD has adopted the 

proposed rule as a final rule without 

change. 

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 certifies that this final 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 rule only changes an 

administrative requirement to 

accommodate the use of automated 

contracting systems. 

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 219 

Government procurement.

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System.

■ Therefore, 48 CFR Part 219 is amended 

as follows:

■ 1. The authority citation for 48 CFR 

Part 219 continues to read as follows:

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

Chapter 1.

PART 219—SMALL BUSINESS 

PROGRAMS

■ 2. Section 219.1007 is amended by 

adding paragraph (a)(2) to read as 

follows:

219.1007 Procedures. 

(a)(2) When it is not practical to mark 

the face page of an award document, 

alternative means may be used to 

identify the contract as an award under 

the Small Business Competitiveness 

Demonstration Program.

* * * * *

[FR Doc. 05–2172 Filed 2–4–05; 8:45 am] 

BILLING CODE 5001–08–P

DEPARTMENT OF DEFENSE

48 CFR Part 225 

[DFARS Case 2004–D002] 

Defense Federal Acquisition 

Regulation Supplement; 

Polyacrylonitrile Carbon Fiber—

Restriction to Domestic Sources

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to extend the ending date for 

phasing out domestic source restrictions 

on the acquisition of polyacrylonitrile 

(PAN) carbon fiber. The ending date is 

extended from May 31, 2005, to May 31, 

2006.

EFFECTIVE DATE: February 7, 2005.

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, Defense Acquisition 

Regulations Council, 

OUSD(AT&L)DPAP(DAR), IMD 3C132, 

3062 Defense Pentagon, Washington, DC 

20301–3062. Telephone (703) 602–0328; 

facsimile (703) 602–0350. Please cite 

DFARS Case 2004–D002.

SUPPLEMENTARY INFORMATION: 

A. Background 

This final rule extends the ending 

date for phasing out domestic source 

restrictions on the acquisition of PAN 

carbon fiber from May 31, 2005, to May 

31, 2006. The prescription for use of the 

clause at DFARS 252.225–7022, 

Restriction on Acquisition of 

Polyacrylonitrile (PAN) Carbon Fiber, is 

amended to require inclusion of the 

clause in solicitations and contracts for 

major systems issued on or before May 

31, 2006, if the system is not yet in 

development and demonstration. 

The aerospace industry requested the 

extension to provide U.S. companies 

sufficient time to maintain the 

industrial and technological capability 

to support a critical material used in 

advanced aerospace weapons programs. 

In addition, the extension is consistent 

with Section 832 of the National 

Defense Authorization Act for Fiscal 

Year 2005 (Pub. L. 108–375), which 

requires a delay in phase-out of the 

restriction until DoD performs an 

assessment of the PAN carbon fiber 

industry and submits the resulting 

report to Congress. 

DoD published a proposed rule at 69 

FR 35567 on June 25, 2004. DoD 

received no comments on the proposed 

rule. Therefore, DoD has adopted the 

proposed rule as a final rule without 

change. 

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 certifies that this final 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 there are no known domestic 

small business manufacturers of PAN 

carbon fiber. 

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 225 

Government procurement.

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System.

■ Therefore, 48 CFR Part 225 is amended 

as follows:

■ 1. The authority citation for 48 CFR 

Part 225 continues to read as follows:

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

Chapter 1.

PART 225—FOREIGN ACQUISITION

■ 2. Section 225.7103–1 is amended by 

revising the second sentence to read as 

follows:

225.7103–1 Policy. 

* * * DoD is phasing out the 

restrictions over the period ending May 

31, 2006. * * *

■ 3. Section 225.7103–3 is revised to 

read as follows:

225.7103–3 Contract clause. 

Use the clause at 252.225–7022, 

Restriction on Acquisition of 

Polyacrylonitrile (PAN) Carbon Fiber, in 

solicitations and contracts for major 

systems issued on or before May 31, 

2006, if the system is not yet in 

engineering and manufacturing