26916 Federal Register / Vol. 75, No. 92 / Thursday, May 13, 2010 / Proposed Rules 

the Commission determines that 

reporting is required, it will seek 

comment from the OMB and interested 

parties prior to any such requirements 

taking effect. In addition, pursuant to 

the Small Business Paperwork Relief 

Act of 2002, we will seek specific 

comment on how we might ‘‘further 

reduce the information collection 

burden for small business concerns with 

fewer than 25 employees.’’ Nevertheless, 

interested parties are encouraged to 

comment on whether any new or 

revised information collection is 

necessary, and if so, how the 

Commission might minimize the burden 

of any such collection. 

C. Ex Parte Presentations 

69. These matters 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 twosentence 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. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2010–11321 Filed 5–12–10; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Part 24 

[FAR Case 2009–004; Docket 2010–0089, 

Sequence 1] 

RIN 9000–AL59 

Federal Acquisition Regulation: FAR 

Case 2009–004, Enhancing Contract 

Transparency 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: The Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council 

(Councils) are seeking information that 

will assist in determining how best to 

amend the Federal Acquisition 

Regulation (FAR) to enable public 

posting of contract actions, should such 

posting become a requirement in the 

future, without compromising 

contractors’ proprietary and confidential 

commercial or financial information. 

This transparency effort is intended to 

promote efficiency in Government 

contracting through an open acquisition 

process and improve Federal spending 

accountability consistent with the 

Administration’s memorandum entitled 

Transparency and Open Government 

(January 21, 2009) (Published in the 

Federal Register at 74 FR 4685, January 

26, 2009). 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat at the address shown below 

on or before July 12, 2010 to be 

considered in the formation of a 

proposed rule. 

ADDRESSES: Submit comments 

identified by FAR Case 2009–004, by 

any of the following methods: 

• Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

inputting ‘‘FAR Case 2009–004’’ under 

the heading ‘‘Comment or Submission.’’ 

Select the link ‘‘Send a Comment or 

Submission’’ that corresponds with FAR 

Case 2009–004. Follow the instructions 

provided to complete the ‘‘Public 

Comment and Submission Form.’’ Please 

include your name, company name (if 

any), and ‘‘FAR Case 2009–004’’ on your 

attached document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, FAR Secretariat 

(MVCB), 1800 F Street, NW., Room 

4041, Attn: Hada Flowers, Washington, 

DC 20405. 

Instructions: Please submit comments 

only and cite FAR Case 2009–004 in all 

correspondence related to this case. All 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal and/or business confidential 

information provided. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Michael Jackson, Procurement Analyst, 

at (202) 208–4949 for clarification of 

content. The FAR Secretariat at (202) 

501–4755 for information pertaining to 

status or publication schedules. Please 

cite FAR case 2009–004. 

SUPPLEMENTARY INFORMATION: 

The Councils anticipate that, in the 

future, a requirement to post on-line the 

text of contracts and task and delivery 

orders will be instituted. See generally 

Presidential Memorandum entitled 

Freedom of Information Act (January 21, 

2009) (Published in the Federal Register 

at 74 FR 4683, January 26, 2009); 

Presidential Memorandum entitled 

Transparency and Open Government 

(January 21, 2009) (Published in the 

Federal Register at 74 FR 4685, January 

26, 2009); Attorney General 

Memorandum entitled Freedom of 

Information Act (March 19, 2009); 

Office of Science and Technology Policy 

Notice, Transparency and Open 

Government (Published in the Federal 

Register at 74 FR 23901, May 21, 2009); 

OMB memorandum entitled Open 

Government Directive (M–10–06, 

December 8, 2009). In support of this 

anticipated requirement, the Councils 

are considering how best to revise the 

FAR to facilitate such posting without 

violating statutory and regulatory 

prohibitions against disclosing 

protected information belonging to the 

Government or contractors. 

The Councils are particularly 

interested in suggestions that will 

facilitate uniform, consistent processing 

methods that are fair and equitable as 

well as cost effective and efficient, 

while at the same time simplifying 

access to acquisitions once posted. The 

Councils are mindful of the need to 

protect the Government’s classified 

information in accordance with the 

National Industrial Security Program 

Operating Manual (NISPOM) (DoD 

5220.22–M) and the Industrial Security 

Regulation (DoD 5220.22–R) (see FAR 

Subpart 4.4) and the protections 

afforded contractor information under 

the Freedom of Information Act (FOIA) 

(5 U.S.C. 552) procedures (see FAR 

Subpart 24.2 and E.O. 12600). The 

Councils are also mindful of the FAR 

section which already addresses the 

marking of contractor information (see 

FAR 3.104–4). 

It may not be practical to apply FOIA 

procedures before posting in every case. 

The Councils are looking into methods 

for identifying the types of information 

that should not be posted or released to 

the public, as well as means for 

electronic processing and posting, and 

development of provision or clause 

requirements for successful offerors to 

provide a redacted copy of the contract. 

The Councils are also requesting 

suggestions for how best to protect the 

types of information through redacting, 

locating all such information in a 

standard place in the contract, or other 

possible methods to be considered. 

Respondents are encouraged to 

address the benefits of this transparency 

effort as well as possible impacts on 

offerors’ and the Government’s business 

systems, dollar thresholds for 


cprice-sewell on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 92 / Thursday, May 13, 2010 / Proposed Rules 26917 

application, and other cost impacts, 

especially on proposal preparation. 

Also, written responses to this notice 

should address whether a public 

meeting on this topic would be 

beneficial and, if so, what issues should 

be addressed. 

This is a significant regulatory action 

and, therefore, was 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. 

List of Subjects in 48 CFR Part 24 

Government procurement. 

Dated: May 7, 2010. 

Edward Loeb, 

Acting Director, Acquisition Policy Division. 

[FR Doc. 2010–11381 Filed 5–12–10; 8:45 am] 

BILLING CODE P 


cprice-sewell on DSKHWCL6B1PROD with PROPOSALS