25156 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Proposed Rules 

Subpart A—General Provisions 

§ 532.1 Purpose. 

The purpose of this Part, pursuant to 

the Commission’s statutory authority, is 

to exempt licensed and bonded nonvessel-operating common carriers 

(NVOCCs) from the tariff rate 

publication and adherence requirements 

of the Shipping Act of 1984, as 

enumerated herein. 

§ 532.2 Scope and applicability. 

This Part exempts NVOCCs duly 

licensed pursuant to 46 CFR 515.3, 

holding adequate proof of financial 

responsibility pursuant to 46 CFR 

515.21; and meeting the requirements of 

46 CFR 532.4 through 532.7; from the 

following requirements and prohibitions 

of the Shipping Act and the 

Commission’s regulations: 

(a) The requirement in 46 U.S.C. 

40501(a)–(c) that the NVOCC include its 

rates in a tariff open to public 

inspection in an automated tariff 

system; 

(b) 46 U.S.C. 40501(d); 

(c) 46 U.S.C. 40501(e); 

(d) 46 U.S.C. 40503; 

(e) The prohibition in 46 U.S.C. 

41104(2)(A); and 

(f) The Commission’s corresponding 

regulation at 46 CFR 520.3(a) that the 

NVOCC include its rates in a tariff open 

for public inspection in an automated 

tariff system; 

(g) The Commission’s corresponding 

regulations at 46 CFR 520.4(a)(4), 

520.4(f), 520.6(e), 520.7(c), (d), 520.8(a), 

520.12, and 520.14. Any NVOCC failing 

to maintain its bond or license as set 

forth above, or who has had its tariff 

suspended by the Commission, shall not 

be eligible to invoke this exemption. 

§ 532.3 Definitions. 

When used in this part, 

(a) ‘‘NVOCC Negotiated Rate 

Arrangement’’ means a written and 

binding arrangement between a shipper 

and an eligible NVOCC to provide 

specific transportation service for a 

stated cargo quantity, from origin to 

destination, on and after receipt of the 

cargo by the carrier or its agent (or the 

originating carrier in the case of through 

transportation). 

(b) ‘‘Rate’’ means a price stated for 

providing a specified level of 

transportation service for a stated cargo 

quantity, from origin to destination, on 

and after a stated date or within a 

defined time frame. 

(c) ‘‘Rules tariff’’ means the portion of 

a tariff, as defined by 46 CFR 520.2, 

containing the terms and conditions 

governing the charges, classifications, 

rules, regulations and practices of an 

NVOCC, but does not include a rate. 

Subpart B—Procedures Related to 

NVOCC Negotiated Rate Arrangements 

§ 532.4 Duties of the NVOCC. 

Before entering into an NRA under 

this Part, the NVOCC must: 

(a) For each NRA, provide the 

prospective shipper all the applicable 

terms as set forth in its rules tariff; or 

(b) Provide electronic access to its 

rules tariffs to the public free of charge. 

§ 532.5 Requirements for NVOCC 

Negotiated Rate Arrangements 

In order to qualify for the exemptions 

to the general rate publication 

requirement as set forth in section 

532.2, an NRA must: 

(a) Be in writing; 

(b) Be agreed to by both shipper and 

NVOCC prior to the date on which the 

cargo is received by the common carrier 

or its agent (including originating 

carriers in the case of through 

transportation); 

(c) Clearly specify the rate and to 

which shipment or shipments such rate 

will apply; and 

(d) may not be modified after the time 

the shipment is received by the carrier 

or its agent (including originating 

carriers in the case of through 

transportation). 

§ 532.6 Notices. 

(a) An NVOCC wishing to invoke an 

exemption pursuant to this part must 

indicate that intention to the 

Commission and to the public by one or 

more of the following: 

(1) A prominent notice on its rules 

tariff; or 

(2) By so indicating on its Form FMC– 

1 on file with the Commission. 

(b) [Reserved] 

Subpart C—Recordkeeping 

Requirements 

§ 532.7 Recordkeeping and audit. 

(a) An NVOCC invoking an exemption 

pursuant to this part must maintain 

original NRAs and all associated records 

including written communications for 5 

years in a format easily produced to 

Commission. 

(b) NRAs and all associated records 

and written communications are subject 

to inspection and reproduction requests 

under section 515.31(g) of this chapter. 

An NVOCC shall produce the requested 

NRAs and associated records, including 

written communications, promptly in 

response to a Commission request. 

(c) Failure to keep or timely produce 

original NRAs and associated records 

and written communications will 

disqualify an NVOCC from the 

operation of the exemption provided 

pursuant to this part, regardless of 

whether it has been invoked by notice 

as set forth above, and may result in a 

Commission finding of a violation of 46 

U.S.C. 41104(1), 41104(2)(A) or other 

acts prohibited by the Shipping Act. 

§ 532.91 OMB control number issued 

pursuant to the Paperwork Reduction Act 

The Commission has received OMB 

approval for this collection of 

information pursuant to the Paperwork 

Reduction Act of 1995, as amended. In 

accordance with that Act, agencies are 

required to display a currently valid 

control number. The valid control 

number for this collection of 

information is [3072–XXX]. 

By the Commission. 

Karen V. Gregory, 

Secretary. 

[FR Doc. 2010–10476 Filed 5–6–10; 8:45 am] 

BILLING CODE P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket No. 05–337, CC Docket No. 96– 

45, WC Docket No. 03–109; FCC 10–57] 

High-Cost Universal Service Support, 

Federal-State Joint Board on Universal 

Service, Lifeline and Link-Up 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: In this document, the 

Commission proposes targeted rule 

changes to help eligible consumers in 

Puerto Rico take better advantage of 

existing universal service low-income 

support programs. Specifically, the 

Commission asks whether it should 

provide additional Link-Up support to 

help offset special construction charges 

incurred by consumers when facilities 

must be built to provide them with 

access to voice telephone service. By 

removing a remaining impediment to 

affordable voice telephone service, the 

Commission would hope to further 

close the gap in telephone 

subscribership between the 

Commonwealth and non-insular areas. 

DATES: Comments on the proposed rules 

are due on or before June 7, 2010 and 

reply comments are due on or before 

June 21, 2010. 

ADDRESSES: You may submit comments, 

identified by WC Docket No. 05–337, CC 

Docket No. 96–45, WC Docket No. 03– 

109, by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Proposed Rules 25157 

• Federal Communications 

Commission’s Web Site: http:// 

fjallfoss.fcc.gov/ecfs2/. Follow the 

instructions for submitting comments. 

• People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by e-mail: FCC504@fcc.gov 

or phone: (202) 418–0530 or TTY: (202) 

418–0432. 

For detailed instructions for submitting 

comments and additional information 

on the rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: Ted 

Burmeister, Wireline Competition 

Bureau, Telecommunications Access 

Policy Division, (202) 418–7389 or TTY: 

(202) 418–0484. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rulemaking in WC Docket No. 

05–337, CC Docket No. 96–45, WC 

Docket No. 03–109, FCC 10–57, adopted 

April 16, 2010, and released April 16, 

2010. The complete text of this 

document is available for inspection 

and copying during normal business 

hours in the FCC Reference Information 

Center, Portals II, 445 12th Street, SW., 

Room CY–A257, Washington, DC 20554. 

The document may also be purchased 

from the Commission’s duplicating 

contractor, Best Copy and Printing, Inc., 

445 12th Street, SW., Room CY–B402, 

Washington, DC 20554, telephone (800) 

378–3160 or (202) 863–2893, facsimile 

(202) 863–2898, or via the Internet at 

http://www.bcpiweb.com. It is also 

available on the Commission’s Web site 

at http://www.fcc.gov. 

Pursuant to §§ 1.415 and 1.419 of the 

Commission’s rules, 47 CFR 1.415, 

1.419, interested parties may file 

comments and reply comments on or 

before the dates indicated on the first 

page of this document. Comments may 

be filed using: (1) The Commission’s 

Electronic Comment Filing System 

(ECFS), (2) the Federal Government’s 

eRulemaking Portal, or (3) by filing 

paper copies. See Electronic Filing of 

Documents in Rulemaking Proceedings, 

63 FR 24121, May 1, 1998. 

• Electronic Filers: Comments may be 

filed electronically using the Internet by 

accessing the ECFS: http://www.fcc.gov/ 

cgb/ecfs/ or the Federal eRulemaking 

Portal: http://www.regulations.gov. 

Filers should follow the instructions 

provided on the Web site for submitting 

comments. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

four copies of each filing. If more than 

one docket or rulemaking number 

appears in the caption of this 

proceeding, filers must submit two 

additional copies for each additional 

docket or rulemaking number. 

Filings can be sent by hand or 

messenger delivery, by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail 

(although we continue to experience 

delays in receiving U.S. Postal Service 

mail). All filings must be addressed to 

the Commission’s Secretary, Office of 

the Secretary, Federal Communications 

Commission. 

Æ All hand-delivered or messengerdelivered paper filings for the 

Commission’s Secretary must be 

delivered to FCC Headquarters at 445 

12th St., SW., Room TW–A325, 

Washington, DC 20554. The filing hours 

are 8 a.m. to 7 p.m. All hand deliveries 

must be held together with rubber bands 

or fasteners. Any envelopes must be 

disposed of before entering the building. 

Æ Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9300 

East Hampton Drive, Capitol Heights, 

MD 20743. 

Æ U.S. Postal Service first-class, 

Express, and Priority mail should be 

addressed to 445 12th Street, SW., 

Washington, DC 20554. 

In addition, one copy of each 

pleading must be sent to each of the 

following: 

• The Commission’s duplicating 

contractor, Best Copy and Printing, Inc, 

445 12th Street, SW., Room CY–B402, 

Washington, DC 20554; Web site: http:// 

www.bcpiweb.com; phone: 1–800–378– 

3160; and 

• Charles Tyler, Telecommunications 

Access Policy Division, Wireline 

Competition Bureau, 445 12th Street, 

SW., Room 5–A452, Washington, DC 

20554; e-mail: Charles.Tyler@fcc.gov. 

People with Disabilities: To request 

materials in accessible formats for 

people with disabilities (Braille, large 

print, electronic files, audio format), 

send an e-mail to fcc504@fcc.gov or call 

the Consumer & Governmental Affairs 

Bureau at (202) 418–0530 (voice) or 

(202) 418–0432 (TTY). Contact the FCC 

to request reasonable accommodations 

for filing comments (accessible format 

documents, sign language interpreters, 

CART, etc.) by e-mail: fcc504@fcc.gov; 

phone: (202) 418–0530 or (202) 418– 

0432 (TTY). 

Filings and comments are also 

available for public inspection and 

copying during regular business hours 

at the FCC Reference Information 

Center, Portals II, 445 12th Street, SW., 

Room CY–A257, Washington, DC, 

20554. Copies may also be purchased 

from the Commission’s duplicating 

contractor, BCPI, 445 12th Street, SW., 

Room CY–B402, Washington, DC 20554. 

Customers may contact BCPI through its 

Web site: http://www.bcpiweb.com, by 

e-mail at fcc@bcpiweb.com, by 

telephone at (202) 488–5300 or (800) 

378–3160 (voice), (202) 488–5562 

(TTY), or by facsimile at (202) 488– 

5563. 

I. Synopsis of the Notice of Proposed 

Rulemaking 

1. Although the Commission declines 

to establish the universal service highcost support mechanism proposed by 

Puerto Rico Telephone Company 

(PRTC), the Commission acknowledges 

that there may be a significant number 

of low-income consumers in Puerto Rico 

who remain unable to afford access to 

voice telephone service. Telephone 

subscribership in Puerto Rico has 

increased dramatically since the 

Commission released its notice of 

proposed rulemaking in 2005. Despite 

these gains, subscribership in Puerto 

Rico remains materially lower than in 

any other jurisdiction reported by the 

Census Bureau. In addition, a 

significantly higher percentage of Puerto 

Rican families are below the poverty 

threshold than the general U.S. 

population, with approximately 41 

percent of Puerto Rican families 

reporting income below the poverty 

threshold between 2006 and 2008, as 

compared to approximately 10 percent 

of total U.S. families reporting income 

below the poverty threshold during the 

same time period. The State with the 

next highest percentage of families 

reporting income below the poverty 

threshold is Mississippi at 16.7 percent. 

Not only does Puerto Rico have the 

highest percentage of households with 

incomes below the poverty level of any 

jurisdiction reported by the Census 

Bureau, but it has the lowest median 

household income as well. Specifically, 

the median household income in Puerto 

Rico in 2007 was $17,741 compared 

with a national median household 

income of $50,740. The State with the 

next lowest median household income 

is West Virginia, with a median 

household income of $37,060—over 

twice the median household income in 

Puerto Rico. Evidence in the record 

suggests that infrastructure does not yet 

reach some subscribers, so some people 

may not be subscribing because they 

cannot afford to pay the special 

construction charges associated with 

building facilities to reach them. The 

confluence of these two factors—a 

subscribership rate lower than any other 

reported jurisdiction’s and an 

exceptionally high rate of poverty— 

causes us to believe that additional lowVerDate Mar<15>2010 18:40 May 06, 2010 Jkt 220001 PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 E:\FR\FM\07MYP1.SGM 07MYP1

jlentini on DSKJ8SOYB1PROD with PROPOSALS
25158 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Proposed Rules 

income support may be appropriate in 

this jurisdiction. To address this 

situation and to ensure that low-income 

consumers in Puerto Rico can take 

advantage of the assistance available to 

them through the existing universal 

service Lifeline and Link Up lowincome support programs, we propose 

to amend our rules to allow eligible lowincome consumers in Puerto Rico 

additional support through the Link Up 

Program to offset special construction 

charges incurred if additional facilities 

are required to provide them with 

access to voice telephone service. 

2. The Commission in the Twelfth 

Report and Order, 65 FR 47941, August 

4, 2000, took measures to address 

impediments to telephone 

subscribership and infrastructure 

investment on Tribal lands, including 

the adoption of enhanced Link Up 

support. The Commission identified a 

number of factors that are primary 

impediments to subscribership on 

Tribal lands, including the cost of basic 

voice service, the cost of intrastate toll 

service, inadequate telecommunications 

infrastructure and the cost of line 

extensions, and the lack of competitive 

service providers offering alternative 

technologies. At that time, however, the 

Commission chose not to extend the 

actions taken in the Twelfth Report and 

Order to all high-cost areas and all 

insular areas, including Puerto Rico. 

Although the record demonstrated that 

subscribership levels were below the 

national average in other low-income, 

rural areas and in certain insular areas, 

the Commission found that the factors 

causing low subscribership on Tribal 

lands were not the same factors causing 

low subscribership in those other 

jurisdictions. We recognize that is still 

the case today: while Puerto Rico faces 

a lower telephone subscriber rate and a 

higher poverty rate than other 

jurisdictions, the Commonwealth does 

not appear to suffer from other 

impediments to subscribership that 

affect Tribal lands, notably higher cost 

to provide voice telephone service and 

a lack of competitive service providers 

offering voice service via alternative 

technologies. Moreover, Puerto Rico has 

a much higher telephone subscribership 

rate (approximately 92 percent in 2008) 

than the subscribership rate we found 

on reservations when we adopted the 

Twelfth Report and Order 

(approximately 47 percent). 

3. Importantly, however, the 

Commission’s decision in 2000 to limit 

the measures adopted in the Twelfth 

Report and Order to Tribal lands was 

driven by its ‘‘concern[] that to devise a 

remedy addressing all low 

subscribership issues for all unserved or 

underserved populations 

simultaneously might unnecessarily 

delay action on behalf of those who are 

least served, i.e., Tribal communities.’’ 

In other words, the Commission placed 

higher priority on increasing telephone 

subscribership on Tribal lands—it did 

not determine that no further action was 

needed to assist other unserved or 

underserved populations. The 

Commission has long attributed Puerto 

Rico’s historically lagging telephone 

subscribership penetration rate to low 

per-capita income. Thus, to the extent 

that parties have identified line 

extension and construction costs as 

obstacles to affordable telephone service 

in Puerto Rico, extending the enhanced 

Link Up support already available to 

Tribal lands could likewise ‘‘increase 

subscribership among qualifying lowincome individuals [in Puerto Rico] by 

minimizing certain of these up-front 

costs.’’ Indeed, by further reducing the 

initial connection charges and line 

extension charges for qualifying lowincome customers in Puerto Rico, as we 

already have for consumers living on 

Tribal lands, we would hope to remove 

a remaining impediment to affordable 

voice telephone service and, thus, 

further close the gap in telephone 

subscribership between the 

Commonwealth and non-insular areas. 

4. Specifically, for the benefit of 

consumers in Puerto Rico meeting the 

eligibility criteria for the Lifeline and 

Link Up Programs, we propose to 

amend our rules to increase the cap on 

Link Up support to cover special 

construction charges. The cap for these 

charges would be increased from the 

current $30 limit to $100. This 

additional $70 in Link Up support 

would cap Link Up discounts at the 

same level as the enhanced Link Up 

available to eligible residents of Tribal 

lands. Link Up support would be 

available to eligible low-income 

consumers in Puerto Rico for up to 100 

percent of the special construction 

charges, subject to the $100 cap. Under 

our rules, Link Up support would 

continue to be available ‘‘for a single 

telecommunications connection at a 

consumer’s principal place of 

residence.’’ To ensure reasonable use of 

the support, this support would be 

available only when a low-incomeeligible 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. 

Consistent with our rules, all ETCs in 

Puerto Rico would be required to offer 

and make available this additional Link 

Up support to eligible low-income 

consumers. All ETCs in Puerto Rico also 

would be required to advertise the 

availability of this additional Link Up 

support using media of general 

distribution in Puerto Rico. In addition, 

all ETCs receiving Link Up support in 

Puerto Rico would be required to 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 would be 

included in the annual report required 

by section 54.209 of our rules. We seek 

comment on these proposed revisions to 

the low-income support rules for 

eligible low-income consumers in 

Puerto Rico. 

II. Procedural Matters 

A. Initial Paperwork Reduction Analysis 

5. This notice of proposed rulemaking 

contains proposed information 

collections that would apply to fewer 

than ten respondents and, as a result, is 

not subject to the Paperwork Reduction 

Act of 1995. In addition, it does not 

contain any new, modified, or proposed 

‘‘information collection burden for small 

business concerns with fewer than 25 

employees’’ pursuant to the Small 

Business Paperwork Relief Act of 2002. 

B. Initial Regulatory Flexibility Act 

Certification 

6. The Regulatory Flexibility Act 

(RFA), see 5 U.S.C. 603, requires that an 

agency prepare a regulatory flexibility 

analysis for notice-and-comment 

rulemaking proceedings, unless the 

agency certifies that ‘‘the rule will not, 

if promulgated, have a significant 

economic impact on a substantial 

number of small entities.’’ The RFA 

generally defines ‘‘small entity’’ as 

having the same meaning as the terms 

‘‘small business,’’ ‘‘small organization,’’ 

and ‘‘small governmental jurisdiction.’’ 

In addition, the term ‘‘small business’’ 

has the same meaning as the term ‘‘small 

business concern’’ under the Small 

Business Act. A ‘‘small business 

concern’’ is one which: (1) Is 

independently owned and operated; (2) 

is not dominant in its field of operation; 

and (3) satisfies any additional criteria 

established by the Small Business 

Administration (SBA). 

7. In this notice of proposed 

rulemaking, we propose to revise the 

Commission’s rules to permit eligible 

telecommunications carriers serving 

Puerto Rico to recover additional 

universal service support under 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Proposed Rules 25159 

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 


jlentini on DSKJ8SOYB1PROD with PROPOSALS