59100 Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations 

1See Title III of the Deficit Reduction Act of 2005, 

Public Law 109–171, 120 Stat. 4, 21 (Feb. 8, 2006), 

amended by the DTV Delay Act, Public Law 111– 

4, 123 Stat. 112 (Feb. 11, 2009). 

2Act at § 3004, 120 Stat. at 22. 

3Act at § 3005, 120 Stat. at 23. 

4 72 FR 12,097 (Mar. 15, 2007). The regulations 

were codified at 47 CFR part 301. 

5 47 CFR 301.4(e). 

6 72 FR 12,118–12,121 (Mar. 15, 2007). 

7 47 CFR 301.6(b)(2)(E)–(F). 

8 47 CFR 301.6(a)(5). 

9 47 CFR 301.7. 

10 47 CFR 301.3(a)(2); see also 73 FR 54,325, 

54,333 (Sept. 19, 2008). 

11 74 FR 10,686 (March 12, 2009). 

12 47 CFR 301.3(e). 

418–2120, Media Bureau, Policy 

Division. 

SUPPLEMENTARY INFORMATION: In a 

Thirteenth Order on Reconsideration 

released on September 22, 1995, FCC 

95–397, and published in the Federal 

Register on October 5, 1995, 60 FR 

52106, the Commission adopted rules 

which contained information collection 

requirements subject to the Paperwork 

Reduction Act. The document stated 

that the rule changes requiring OMB 

approval would become effective upon 

announcement in the Federal Register 

of OMB approval. On December 15, 

1995, the Office of Management and 

Budget (OMB) approved the information 

collection requirements contained in 

§§ 76.923(n) and (o), 76.933(a), (b), and 

(e) through (g), 76.934(f), and 76.960. 

This information collection is assigned 

to OMB Control No. 3060–0685. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2010–24158 Filed 9–24–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

National Telecommunications and 

Information Administration 

47 CFR Part 301 

[Docket No. 100910444–0444–01] 

RIN 0660–AA23 

Removal of Regulations That 

Implement and Administer a Coupon 

Program for Digital-to-Analog 

Converter Boxes 

AGENCY: National Telecommunications 

and Information Administration, U.S. 

Department of Commerce. 

ACTION: Final rule. 

SUMMARY: The National 

Telecommunications and Information 

Administration (NTIA) issues this final 

rule to remove its regulations to 

implement and administer the Digitalto-Analog Converter Box Program 

(Coupon Program). The regulations 

implemented provisions of section 3005 

of the Digital Television Transition and 

Public Safety Act of 2005, as 

subsequently amended. The final 

coupons were issued on August 12, 

2009, and expired on November 9, 2009. 

NTIA is removing its regulations 

because the Coupon Program is closed 

and the regulations are now obsolete. 

DATES: This rule becomes effective on 

November 9, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Milton Brown, Deputy Chief Counsel, 

National Telecommunications and 

Information Administration, U.S. 

Department of Commerce, 1401 

Constitution Avenue, NW., Room 4713, 

Washington, DC 20230; telephone: (202) 

482–1816; facsimile: (202) 501–8013; or 

electronic mail: mbrown@ntia.doc.gov. 

I. Background Information 

The Digital Television Transition and 

Public Safety Act of 2005 (the Act), 

Public Law 109–171, as amended by the 

DTV Delay Act, Public Law 111–4, 

directed the Federal Communications 

Commission (FCC) to require full-power 

television stations to cease analog 

broadcasting and to broadcast solely 

digital transmissions after June 12, 

2009.1 The returned analog television 

spectrum was auctioned and proceeds 

were deposited into the Digital 

Television Transition and Public Safety 

Fund (the Fund).2

Section 3005 of the Act authorized 

NTIA to establish and implement the 

Coupon Program and provided that 

eligible U.S. households could obtain a 

maximum of two coupons of $40 each 

to apply toward the purchase of 

Coupon-Eligible Converter Boxes 

(CECB).3 Accordingly, on March 15, 

2007, NTIA issued a final rule entitled, 

‘‘Rules to Implement and Administer a 

Coupon Program for Digital-to-Analog 

Converter Boxes.’’ 4 The purpose of the 

program was to provide consumers who 

wished to continue receiving over-theair broadcast programming on their 

analog-only televisions $40 coupons to 

offset the cost of digital-to-analog 

converter boxes. Consumers had the 

option to apply by mail, over the phone, 

via fax, or online. Consumers had 90 

days to redeem their $40 coupon(s) at 

participating retailers.5 The converter 

boxes were manufactured according to 

NTIA minimum technical specifications 

based on ATSC Guidelines A/74 and 47 

CFR part 73.6 Retailers were required to 

provide NTIA with redemption 

information and payment receipts 

related to coupons used in the purchase 

of CECBs, specifically tracking each 

serialized coupon by number with a 

corresponding CECB purchase. 

Participating retailers also were required 

to accept coupons for, and receive 

payment resulting from, only authorized 

purchases made for CECBs.7 The 

regulations required retailers to 

maintain sales records for one year 

following the sales transaction date for 

auditing purposes.8

NTIA subsequently amended its 

regulations to waive the ‘‘eligible 

household’’ requirements in the 

regulations for individuals residing in 

nursing homes, intermediate care 

facilities, and assisted living facilities.9

NTIA also amended its regulations to 

permit otherwise eligible households to 

utilize post office boxes in applying for 

and receiving coupons.10

On March 31, 2009, NTIA amended 

the regulations to conform to the DTV 

Delay Act, which extended the deadline 

for the digital conversion and the 

coupon application period for an 

additional four months.11 The amended 

regulations also permitted households 

to request replacement coupons, and 

gave NTIA flexibility in the manner in 

which it distributed coupons.12

II. Removal of the Regulations To 

Implement and Administer a Coupon 

Program for Digital-to-Analog 

Converter Boxes 

Section 3005 of the Act required 

NTIA to issue coupons through July 31, 

2009, and administer the program until 

the last coupon expired 90 days from 

issuance. The final coupons were issued 

on August 12, 2009, and expired on 

November 9, 2009. Retailers are 

required to maintain sales records for 

one year following the sales transaction 

date, which would be November 8, 

2010. NTIA is removing its regulations 

because the statute no longer obligates 

NTIA to implement and administer the 

program, and after November 8, 2010, 

the regulations are obsolete. 

Administrative Procedure Act 

The Assistant Secretary for 

Communications and Information 

Administration for NTIA finds good 

cause under the Administrative 

Procedure Act, 5 U.S.C. 553(b)(B) to 

waive prior notice and opportunity for 

public comment because it is 

unnecessary and contrary to the public 

interest. This rulemaking would remove 

from the Code of Federal Regulations 

those regulations that implement 

provisions of section 3005 of the Act, 

which authorized NTIA to establish and 

implement a coupon program in which 

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Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations 59101 

eligible U.S. households could obtain a 

maximum of two coupons of $40 each 

to apply toward the purchase of CECBs. 

The agency is taking this action because 

these regulations are obsolete after 

November 8, 2010. The Act permitted 

consumers to request coupons from 

NTIA through July 31, 2009. The final 

coupons were issued on August 12, 

2009, and the last issued coupon 

expired on November 9, 2009. NTIA has 

fulfilled its statutory mandate to 

administer the Coupon Program, and is 

removing the regulations as they are 

unnecessary. If these regulations are not 

removed, it may suggest that the 

program is still active and may cause 

confusion regarding the status of the 

program. 

Executive Order 12866 

This rule has been determined to be 

not significant under Executive Order 

12866. 

Executive Order 13132 

This rule does not contain policies 

with federalism implications as that 

term is defined in EO 13132. 

Regulatory Flexibility Act 

As prior notice and an opportunity for 

public comment are not required under 

5 U.S.C. 553 or any other law, the 

analytical requirements of the 

Regulatory Flexibility Act are 

inapplicable. Thus, no regulatory 

flexibility analysis is required and none 

has been prepared. 

Paperwork Reduction Act 

This action contains no information 

collection requirements. Therefore, 

clearance by the Office of Management 

and Budget (OMB) under the Paperwork 

Reduction Act of 1995 is not required. 

The OMB collection numbers 0660– 

0026 and 0660–0027 associated with the 

regulations are discontinued effective 

November 9, 2010. 

Lists of Subjects in 47 CFR Part 301 

Antennas, Broadcasting, Cable 

television, Communications, 

Communications equipment, Electronic 

products, Telecommunications, 

Television. 

PART 301—[REMOVED AND 

RESERVED] 

■ For the reasons stated above, 47 CFR 

chapter III is amended by removing and 

reserving part 301 pursuant to authority 

contained in Public Law 109–171, as 

amended by Public Law 111–4. 

Dated: September 21, 2010. 

Lawrence E. Strickling, 

Assistant Secretary for Communications and 

Information Administration. 

[FR Doc. 2010–24048 Filed 9–24–10; 8:45 am] 

BILLING CODE 3510–60–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 203 and 252 

Defense Federal Acquisition 

Regulation Supplement; DoD Office of 

the Inspector General Address (DFARS 

Case 2010–D015) 

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 provide the address for the 

agency Office of the Inspector General 

as referenced in FAR clause 52.203–13, 

Contractor Code of Business Ethics and 

Conduct. 

DATES: Effective Date: September 27, 

2010. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, Defense Acquisition 

Regulations System, 

OUSD(AT&L)DPAP(DARS), 3060 

Defense Pentagon, Room 3B855, 

Washington, DC 20301–3060. 

Telephone 703–602–0328; facsimile 

703–602–0350. Please cite DFARS Case 

2010–D015. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The Federal Acquisition Regulation 

(FAR) Case 2007–006, ‘‘Contractor 

Business Ethics Compliance Program 

and Disclosure Requirements,’’ was 

published as a final rule in the Federal 

Register on November 12, 2008, with an 

effective date of December 12, 2008. The 

contract clause entitled ‘‘Contractor 

Code of Business Ethics and Conduct’’ 

requires the contractor to disclose to the 

agency office of the Inspector General 

(with a copy to the contracting officer), 

when the contractor has credible 

evidence that a principal, employee, 

agent, or subcontractor of the contractor 

has committed a violation of criminal 

law involving fraud, conflict of interest, 

bribery, or gratuity violations found in 

title 18 U.S.C. or a violation of the civil 

False Claims Act. This final rule 

provides the address for the DoD Office 

of the Inspector General. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. This is not a major 

rule under 5 U.S.C. 804. 

B. 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 41 

U.S.C. 418b and FAR 1.501, and 

publication for public comment is not 

required. However, DoD will consider 

comments from small entities 

concerning the affected DFARS parts in 

accordance with 5 U.S.C. 610. Interested 

parties must submit such comments 

separately and should cite 5 U.S.C. 601, 

et seq., in correspondence. 

C. Paperwork Reduction Act 

This rule does not impose any new 

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 Parts 203 and 

252 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR parts 203 and 252 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 203 and 252 continues to read as 

follows: 

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

chapter 1. 

PART 203—IMPROPER BUSINESS 

PRACTICES AND PERSONAL 

CONFLICTS OF INTEREST 

■ 2. Section 203.1004 is amended by 

adding paragraph (a) to read as follows: 

203.1004 Contract clauses. 

(a) Use the clause at 252.203–7003 in 

solicitations and contracts that include 

the FAR clause 52.203–13, Contractor 

Code of Business Ethics and Conduct. 

* * * * * 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. Section 252.203–7003 is added to 

read as follows: 

252.203–7003 Agency Office of the 

Inspector General. 

As prescribed in 203.1004(a), use the 

following clause: 

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