Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations 37625 

Docket No. 96–198 and CC Docket No. 

92–105, DA 09–749, the Commission, 

via the Consumer and Governmental 

Affairs Bureau, sought comment on any 

remaining compliance issues that 

currently prevent traditional TRS 

providers from reliably identifying the 

appropriate PSAP to call when receiving 

an emergency call via 711 and an 

interconnected VoIP service. In 

addition, the Commission sought 

comment on: (1) The total number of 

interconnected VoIP-originated 711 TRS 

calls that are processed annually by 

interconnected VoIP and traditional 

TRS providers, and the proportion of 

those calls that are of an emergency 

nature; (2) the continuing need, from the 

consumer’s perspective, to be able to 

dial 711 via TRS in an emergency, 

rather than dialing 911 directly; (3) any 

impediments consumers have 

encountered in attempting to dial 911 

directly; (4) the effectiveness of 

providers’ outreach efforts in educating 

consumers about the importance of 

dialing 911 directly in an emergency 

when using a TTY and an 

interconnected VoIP service; and (5) the 

continuing use of TTYs by individuals 

with hearing or speech disabilities and, 

in particular, the use of TTYs with an 

interconnected VoIP service. 

7. On June 11, 2009, AT&T filed a 

petition seeking an indefinite extension 

of the waiver of § 64.604(a)(4), asserting 

that traditional TRS providers ‘‘still 

cannot determine the appropriate PSAP 

to route a VoIP-originated 711 

emergency call due to the inaccessibility 

of registered location information.’’ See 

Implementation of Sections 255 and 251 

(a)(2) of the Communications Act of 

1934, as Enacted by the 

Telecommunications Act of 1996: 

Access to Telecommunications Service, 

Telecommunications Equipment and 

Customer Premises Equipment by 

Persons with Disabilities; 

Telecommunications Relay Services and 

Speech-to-Speech Service for 

Individuals with Hearing and Speech 

Disabilities, WC Docket No. 04–36, WT 

Docket No. 96–198, CG Docket No. 03– 

123 & CC Docket No. 92–105, Petition 

for Extension of Wavier at 2 (filed June 

11, 2009). 

8. In this document, the Commission, 

via the Consumer and Governmental 

Affairs Bureau, extends until June 29, 

2010, the current limited waiver of 

§ 64.604(a)(4) of the Commission’s rules, 

to the extent it applies to traditional 

TRS providers’ obligation to 

automatically and immediately route 

the outbound leg of an interconnected 

VoIP-originated emergency 711 call to 

an appropriate PSAP. Notwithstanding 

this action, the Commission notes that 

if a caller using a TTY connected to an 

interconnected VoIP service calls a 

PSAP directly as a 911-dialed 

emergency call (as a text-to-text, or TTYto-TTY call), the 911-dialed call will be 

routed automatically and immediately 

through the selective router over the 

wireline E911 network to the PSAP that 

serves the caller’s Registered Location, 

just as it would be for a hearing caller 

via an interconnected VoIP service. 

9. The record reflects that the 

remaining technical and operational 

challenges of compliance with this 

requirement are formidable and that a 

comprehensive resolution of these 

issues will require significant, ongoing 

collaboration among a variety of 

industry stakeholders. At the same time, 

the comments suggest that the 

increasing popularity and availability of 

Internet-based forms of TRS have 

significantly reduced the number of 

consumers with broadband Internet 

access who communicate via a TTY and 

an interconnected VoIP service, rather 

than via an Internet-based form of TRS. 

Moreover, the introduction of more 

forward-looking solutions, such as the 

‘‘real-time text’’ solution described in 

the record, is likely to diminish further 

the incidence of TTY use with an 

interconnected VoIP service. Taken 

together, these findings lead to the 

conclusion that, while TTY use by 

interconnected VoIP consumers may be 

on the decline, there remain deaf and 

hard of hearing consumers who 

continue to rely on TTYs. Therefore, 

while the Commission finds good cause 

to extend for an additional year the 

limited waiver previously granted to 

traditional TRS providers, in light of the 

continuing technical and operational 

challenges described in the record, the 

Commission declines to extend the 

waiver indefinitely. 

10. Finally, the Commission 

concludes that, during the period of this 

waiver, any traditional TRS provider 

that cannot automatically and 

immediately route to an appropriate 

PSAP the outbound leg of an 

interconnected VoIP-originated 

emergency 711 call, as required by 

§ 64.604(a)(4) of the Commission’s rules, 

must maintain a system for doing so, to 

the extent feasible, that accomplishes 

the proper routing of emergency 711 

calls as quickly and efficiently as 

possible. This waiver is, therefore, 

conditioned on continued compliance 

with that requirement. Further, during 

this period, TRS providers and 

interconnected VoIP providers must 

continue to undertake consumer 

education and outreach designed to 

remind individuals with hearing or 

speech disabilities to dial 911 directly 

(as a text-to-text, TTY-to-TTY call) in an 

emergency. The Commission also 

expects TRS providers to continue their 

collaboration with interconnected VoIP 

providers and other industry 

stakeholders in order to resolve any 

remaining compliance issues associated 

with the processing and routing of 

interconnected VoIP-originated 711 

emergency calls. 

Ordering Clauses 

Pursuant to Sections 1, 2, and 225 of 

the Communications Act of 1934, as 

amended, 47 U.S.C. 151, 152, and 225, 

and Sections 0.141, 0.361, and 1.3 of the 

Commission’s rules, 47 CFR 0.141, 

0.316 and 1.3, document DA 09–1461 is 

adopted. 

Section 64.604(a)(4) of the 

Commission’s rules, 47 CFR 

64.604(a)(4), to the extent that it 

requires traditional TRS providers to 

implement a system to automatically 

and immediately call an appropriate 

PSAP when receiving an emergency 

711-dialed call via an interconnected 

VoIP service, is waived until June 29, 

2010. 

Federal Communications Commission. 

Suzanne M. Tetreault, 

Acting Chief, Consumer and Governmental 

Affairs Bureau. 

[FR Doc. E9–18008 Filed 7–28–09; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 201, 207, 215, and 237 

RIN 0750–AG28 

Defense Federal Acquisition 

Regulation Supplement; Peer Reviews 

of Contracts (DFARS Case 2008–D035) 

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 address requirements for 

Peer Reviews of DoD solicitations and 

contracts. Such reviews will promote 

quality and consistency in DoD 

contracting. 

DATES: Effective Date: July 29, 2009. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Cassandra Freeman, Defense 

Acquisition Regulations System, OUSD 

(AT&L) DPAP (DARS), IMD 3D139, 3062 

Defense Pentagon, Washington, DC 


sroberts on DSKD5P82C1PROD with RULES
37626 Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations 

20301–3062. Telephone 703–602–8383; 

facsimile 703–602–7887. Please cite 

DFARS Case 2008–D035. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The objective of Peer Reviews of 

solicitations and contracts is to ensure 

consistent policy implementation, to 

improve the quality of contracting 

processes, and to facilitate cross-sharing 

of best practices and lessons learned 

throughout DoD. This final rule 

specifies that the Office of the Director, 

Defense Procurement and Acquisition 

Policy, will organize teams of reviewers 

and will facilitate Peer Reviews for all 

solicitations valued at $1 billion or more 

and for all contracts for services valued 

at $1 billion or more. In addition, the 

rule requires the military departments, 

defense agencies, and DoD field 

activities to establish procedures for 

pre-award Peer Review of solicitations 

valued at less than $1 billion, and postaward Peer Review of contracts for 

services valued at less than $1 billion. 

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 subparts in accordance 

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

should cite DFARS Case 2008–D035. 

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 Parts 201, 

207, 215, and 237 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR Parts 201, 207, 215, 

and 237 are amended as follows: 

■ 1. The authority citation for 48 CFR 

Parts 201, 207, 215, and 237 continues 

to read as follows: 

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

Chapter 1. 

PART 201—FEDERAL ACQUISITION 

REGULATIONS SYSTEM 

■ 2. Section 201.170 is added to read as 

follows: 

201.170 Peer Reviews. 

(a) Acquisitions valued at $1 billion or 

more. 

(1) The Office of the Director, Defense 

Procurement and Acquisition Policy, 

will organize teams of reviewers and 

facilitate Peer Reviews for solicitations 

and contracts valued at $1 billion or 

more, as follows: 

(i) Pre-award Peer Reviews will be 

conducted for all solicitations valued at 

$1 billion or more (including options). 

(ii) Post-award Peer Reviews will be 

conducted for all contracts for services 

valued at $1 billion or more (including 

options). 

(iii) Reviews will be conducted using 

the procedures at PGI 201.170. 

(2) To facilitate planning for Peer 

Reviews, the military departments, 

defense agencies, and DoD field 

activities shall provide a rolling annual 

forecast of acquisitions with an 

anticipated value of $1 billion or more 

(including options) at the end of each 

quarter (i.e., March 31; June 30; 

September 30; December 31), to the 

Deputy Director, Defense Procurement 

and Acquisition Policy (Contract Policy 

and International Contracting), 3060 

Defense Pentagon, Washington, DC 

20301–3060. 

(b) Acquisitions valued at less than $1 

billion. The military departments, 

defense agencies, and DoD field 

activities shall establish procedures 

for— 

(1) Pre-award Peer Reviews of 

solicitations valued at less than $1 

billion; and 

(2) Post-award Peer Reviews of 

contracts for services valued at less than 

$1 billion. 

PART 207—ACQUISITION PLANNING 

■ 3. Section 207.104 is added to read as 

follows: 

207.104 General procedures. 

In developing an acquisition plan, 

agency officials shall take into account 

the requirement for scheduling and 

conducting a Peer Review in accordance 

with 201.170. 

PART 215—CONTRACTING BY 

NEGOTIATION 

■ 4. Section 215.270 is added to read as 

follows: 

215.270 Peer Reviews. 

Agency officials shall conduct Peer 

Reviews in accordance with 201.170. 

PART 237—SERVICE CONTRACTING 

■ 5. Section 237.102 is amended by 

adding paragraph (e) to read as follows: 

237.102 Policy. 

* * * * * 

(e) Program officials shall obtain 

assistance from contracting officials 

through the Peer Review process at 

201.170. 

[FR Doc. E9–17953 Filed 7–28–09; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 202, 212, 225, and 252 

RIN 0750–AF95 

Defense Federal Acquisition 

Regulation Supplement; Restriction on 

Acquisition of Specialty Metals 

(DFARS Case 2008–D003) 

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 address statutory 

restrictions on the acquisition of 

specialty metals not melted or produced 

in the United States. The rule 

implements Section 842 of the National 

Defense Authorization Act for Fiscal 

Year 2007 and Sections 804 and 884 of 

the National Defense Authorization Act 

for Fiscal Year 2008. 

DATES: Effective Date: July 29, 2009. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DARS), IMD 3D139, 3062 

Defense Pentagon, Washington, DC 

20301–3062. Telephone 703–602–0328; 

facsimile 703–602–7887. Please cite 

DFARS Case 2008–D003. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Section 842 of the National Defense 

Authorization Act for Fiscal Year 2007 

(Pub. L. 109–364) added new provisions 

at 10 U.S.C. 2533b, to address 

requirements for the purchase of 

specialty metals from domestic sources. 

Section 804 of the National Defense 

Authorization Act for Fiscal Year 2008 

(Pub. L. 110–181) made amendments to 

10 U.S.C. 2533b with regard to its 

applicability to commercial items, 


sroberts on DSKD5P82C1PROD with RULES