53156 Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations 

252.225–7033 [Amended] 

■ 12. Section 252.225–7033 is amended 

in the introductory text by removing 

‘‘225.1101(8)’’ and adding in its place 

‘‘225.1101(9)’’. 

252.225–7035 [Amended] 

■ 13. Section 252.225–7035 is amended 

in the introductory text and in Alternate 

I by removing ‘‘225.1101(9)’’ and adding 

in its place ‘‘225.1101(10)’’. 

252.225–7036 [Amended] 

■ 14. Section 252.225–7036 is amended 

in the introductory text and in Alternate 

I by removing ‘‘225.1101(10)’’ and 

adding in its place ‘‘225.1101(11)’’. 

[FR Doc. E8–21376 Filed 9–12–08; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 237 

RIN 0750–AG04 

Defense Federal Acquisition 

Regulation Supplement; Limitation on 

Service Contracts for Military Flight 

Simulators (DFARS Case 2008–D013) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement Section 883(b) of 

the National Defense Authorization Act 

for Fiscal Year 2008. Section 883(b) 

changed the conditions under which 

DoD may waive the prohibition on 

entering into a service contract to 

acquire a military flight simulator. 

DATES: Effective Date: September 15, 

2008. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Mark Gomersall, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DARS), IMD 3D139, 3062 

Defense Pentagon, Washington, DC 

20301–3062. Telephone 703–602–0302; 

facsimile 703–602–7887. Please cite 

DFARS Case 2008–D013. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Section 832 of the National Defense 

Authorization Act for Fiscal Year 2007 

(Pub. L. 109–364) established a 

prohibition on the award of a DoD 

service contract for the acquisition of a 

military flight simulator, unless the 

Secretary of Defense determines that a 

waiver is necessary for national security 

purposes and provides an economic 

analysis to the congressional defense 

committees. This prohibition and the 

waiver authority are implemented at 

DFARS 237.102–71. 

Section 883(b) of the National Defense 

Authorization Act for Fiscal Year 2008 

(Pub. L. 110–181) amended the 

conditions for waiver in Section 832 of 

Public Law 109–364 by replacing 

‘‘necessary for national security 

purposes’’ with ‘‘in the national 

interest’’. This final rule amends DFARS 

237.102–71 to reflect the change made 

by Section 883(b) of Public Law 110– 

181. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

This rule will not have a significant 

cost or administrative impact on 

contractors or offerors, or a significant 

effect beyond the internal operating 

procedures of DoD. Therefore, 

publication for public comment under 

41 U.S.C. 418b is not required. 

However, DoD will consider comments 

from small entities concerning the 

affected DFARS subpart in accordance 

with 5 U.S.C. 610. Such comments 

should cite DFARS Case 2008–D013. 

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 237 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR part 237 is 

amended as follows: 

PART 237—SERVICE CONTRACTING 

■ 1. The authority citation for 48 CFR 

part 237 continues to read as follows: 

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

Chapter 1. 

■ 2. Section 237.102–71 is amended by 

revising paragraph (b) introductory text 

and paragraph (b)(1) to read as follows: 

237.102–71 Limitation on service 

contracts for military flight simulators. 

* * * * * 

(b) Under Section 832 of Public Law 

109–364, as amended by Section 883(b) 

of Public Law 110–181, DoD is 

prohibited from entering into a service 

contract to acquire a military flight 

simulator. However, the Secretary of 

Defense may waive this prohibition 

with respect to a contract, if the 

Secretary— 

(1) Determines that a waiver is in the 

national interest; and 

* * * * * 

[FR Doc. E8–21374 Filed 9–12–08; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 237 

RIN 0750–AF64 

Defense Federal Acquisition 

Regulation Supplement; SecurityGuard Functions (DFARS Case 2006– 

D050) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Interim rule with request for 

comments. 

SUMMARY: DoD has issued an interim 

rule amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement Section 343 of 

the National Defense Authorization Act 

for Fiscal Year 2008. Section 343 

extends, through September 30, 2012, 

the period during which contractor 

performance of security-guard functions 

at military installations or facilities is 

authorized to fulfill additional 

requirements resulting from the terrorist 

attacks on the United States on 

September 11, 2001. 

DATES: Effective date: September 15, 

2008. 

Comment date: Comments on the 

interim rule should be submitted to the 

address shown below on or before 

November 14, 2008, to be considered in 

the formation of the final rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2006–D050, 

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 2006–D050 in the subject 

line of the message. 

• Fax: 703–602–7887. 

• Mail: Defense Acquisition 

Regulations System, Attn: Mr. Michael 

Benavides, OUSD (AT&L) DPAP 

(DARS), IMD 3D139, 3062 Defense 

Pentagon, Washington, DC 20301–3062. 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations 53157 

• Hand Delivery/Courier: Defense 

Acquisition Regulations System, Crystal 

Square 4, Suite 200A, 241 18th Street, 

Arlington, VA 22202–3402. 

Comments received generally will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Michael Benavides, 703–602–1302. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DoD published an interim rule at 72 

FR 51192 on September 6, 2007, to 

implement Section 333 of the National 

Defense Authorization Act for Fiscal 

Year 2007 (Pub. L. 109–364). Section 

333 extended, through September 30, 

2009, the period during which 

contractor performance of securityguard functions at military installations 

or facilities is authorized to fulfill 

additional requirements resulting from 

the terrorist attacks on the United States 

on September 11, 2001, provided the 

total number of personnel employed to 

perform such functions does not exceed 

specified limits. DoD received no 

comments on the interim rule published 

on September 6, 2007. 

Section 343 of the National Defense 

Authorization Act for Fiscal Year 2008 

(Pub. L. 110–181) further extended the 

period during which contractor 

performance of security-guard functions 

at military installations or facilities is 

authorized, and established 

corresponding personnel limitations. 

This second interim rule amends 

DFARS 237.102–70 to reflect the 

provisions of Section 343 of Public Law 

110–181. 

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 does not expect this rule to 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. 

Although the rule may provide 

opportunities for small business 

concerns to receive contracts for the 

performance of security-guard functions 

at military installations or facilities, the 

economic impact is not expected to be 

substantial. Therefore, DoD has not 

performed an initial regulatory 

flexibility analysis. DoD invites 

comments from small businesses and 

other interested parties. DoD also will 

consider comments from small entities 

concerning the affected DFARS subpart 

in accordance with 5 U.S.C. 610. Such 

comments should be submitted 

separately and should cite DFARS Case 

2006–D050. 

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. 

D. Determination To Issue an Interim 

Rule 

A determination has been made under 

the authority of the Secretary of Defense 

that urgent and compelling reasons exist 

to publish an interim rule prior to 

affording the public an opportunity to 

comment. This interim rule implements 

Section 343 of the National Defense 

Authorization Act for Fiscal Year 2008 

(Pub. L. 110–181). Section 343 extends, 

through September 30, 2012, the period 

during which contractor performance of 

security-guard functions at military 

installations or facilities is authorized to 

fulfill additional requirements resulting 

from the terrorist attacks on the United 

States on September 11, 2001. Section 

343 also places limitations on the total 

number of personnel that may be 

employed annually under this authority. 

Comments received in response to this 

interim rule will be considered in the 

formation of the final rule. 

List of Subjects in 48 CFR Part 237 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR part 237 is 

amended as follows: 

PART 237—SERVICE CONTRACTING 

■ 1. The authority citation for 48 CFR 

Part 237 continues to read as follows: 

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

Chapter 1. 

■ 2. Section 237.102–70 is amended by 

revising paragraph (d)(1) introductory 

text and paragraphs (d)(1)(iii) and (iv) to 

read as follows: 

237.102–70 Prohibition on contracting for 

firefighting or security-guard functions. 

* * * * * 

(d)(1) Under Section 332 of Public 

Law 107–314, as amended by Section 

333 of Public Law 109–364 and Section 

343 of Public Law 110–181, this 

prohibition does not apply to any 

contract that is entered into for any 

increased performance of security-guard 

functions at a military installation or 

facility undertaken in response to the 

terrorist attacks on the United States on 

September 11, 2001, if— 

* * * * * 

(iii) Contract performance will not 

extend beyond September 30, 2012; and 

(iv) The total number of personnel 

employed to perform security-guard 

functions under all contracts entered 

into pursuant to this authority does not 

exceed the following limitations: 

(A) For fiscal year 2007, the total 

number of such personnel employed 

under such contracts on October 1, 

2006. 

(B) For fiscal year 2008, the number 

equal to 90 percent of the total number 

of such personnel employed under such 

contracts on October 1, 2006. 

(C) For fiscal year 2009, the number 

equal to 80 percent of the total number 

of such personnel employed under such 

contracts on October 1, 2006. 

(D) For fiscal year 2010, the number 

equal to 70 percent of the total number 

of such personnel employed under such 

contracts on October 1, 2006. 

(E) For fiscal year 2011, the number 

equal to 60 percent of the total number 

of such personnel employed under such 

contracts on October 1, 2006. 

(F) For fiscal year 2012, the number 

equal to 50 percent of the total number 

of such personnel employed under such 

contracts on October 1, 2006. 

* * * * * 

[FR Doc. E8–21373 Filed 9–12–08; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 216 

[Docket No. 080302357–8834–02] 

RIN 0648–AT79 

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to the Explosive Removal of 

Offshore Structures in the Gulf of 

Mexico 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule, correction. 

SUMMARY: This document contains a 

correction to the final rule governing the 

taking of marine mammals incidental to 

the explosive removal of offshore 

structures in the Gulf of Mexico that 

was published in the Federal Register 

on Thursday June 19, 2008. 


jlentini on PROD1PC65 with RULES