Defense Federal Acquisition Regulation Supplement; Senior DoD Officials Seeking Employment With Defense Contractors (DFARS Case 2008-D007), 59913-59914 [E9-27849]

Download as PDF erowe on DSK5CLS3C1PROD with RULES Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Rules and Regulations adopted October 21, 2009, and released October 23, 2009. The full text of this Commission document is available for inspection and copying during normal business hours in the FCC Reference Information Center (Room CY–A257), 445 12th Street, SW., Washington, DC. The Notice of Proposed Rule Making in this proceeding stated that Appaloosa Broadcasting Company’s rulemaking petition was filed as part of a hybrid application and rulemaking proposal involving its concurrently filed minor change application (File No. BPH– 20070822AAL). See 73 FR 4513, published January 25, 2008. In this application, Appaloosa proposes the substitution of Channel 245A for Channel 244C2 at Laramie, the reallotment of Channel 245A to Nunn, Colorado, and the associated modification of its license for Station KIMX(FM). The modification of Laramie license is contingent upon the channel substitution at Wheatland. The Report and Order notes that Appaloosa’s application is being granted simultaneously with the release of the Report and Order. Channel 247A at Wheatland was allotted in MB Docket No. 05–98. See 71 FR 4527, published January 27, 2006. This vacant FM channel was inadvertently removed from the FM Table of Allotments in MB Docket 05– 210. See 71 FR 76208, published December 20, 2006. As stated above, we are substituting Channel 286A for vacant Channel 247A at Wheatland, Wyoming, to accommodate the Station KIMX(FM) hybrid application. The complete text of this decision may also be purchased from the Commission’s copy contractor, Best Copy and Printing, Inc., 445 12th Street, SW, Room CY–B402, Washington, DC 20554, 800–378–3160 or via the company’s website, https:// www.bcpiweb.com. This document does not contain any information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104–13. In addition, therefore, it does not contain any information collection burden ’’for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). The Commission will send a copy of the Report and Order in this proceeding in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 44 U.S.C. 801(a)(1)(A). List of Subjects in 47 CFR Part 73 Radio, Radio broadcasting. VerDate Nov<24>2008 15:20 Nov 18, 2009 Jkt 220001 As stated in the preamble, the Federal Communications Commission amends 47 CFR part 73 as follows: ■ PART 73 – RADIO BROADCAST SERVICES 1. The authority for Part 73 continues to read as follows: ■ Authority: 47 U.S.C. 154, 303, 334, 336. Section 73.202 [Amended] 2. Section 73.202(b), the Table of FM Allotments under Wyoming, is amended by adding Wheatland, Channel 286A. ■ Federal Communications Commission. John A. Karousos, Assistant Chief, Audio Division, Media Bureau. [FR Doc. E9–27700 Filed 11–18–09; 8:45 am] BILLING CODE 6712–01–S DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 203, 209, and 252 RIN 0750–AG07 Defense Federal Acquisition Regulation Supplement; Senior DoD Officials Seeking Employment With Defense Contractors (DFARS Case 2008–D007) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: SUMMARY: DoD has adopted as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 847 of the National Defense Authorization Act for Fiscal Year 2008. Section 847 addresses requirements for senior DoD officials to obtain a post-employment ethics opinion before accepting compensation from a DoD contractor within two years after leaving DoD service. DATES: Effective Date: November 19, 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–D007. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 59913 A. Background DoD published an interim rule at 74 FR 2408 on January 15, 2009, to implement section 847 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110–181). Section 847 requires that a DoD official, who has participated personally and substantially in a DoD acquisition exceeding $10 million or who has held a key acquisition position, must request a written opinion from a DoD ethics counselor before accepting compensation from a DoD contractor within two years after leaving DoD service. In addition, section 847 prohibits a DoD contractor from providing compensation to such a DoD official without first determining that the official has received or appropriately requested a post-employment ethics opinion. One source submitted comments on the interim rule. That source supported the rule and its objectives, but recommended that the central database/ repository for retention of written ethics opinions, required by section 847(b), be made publicly available. DoD has not adopted this recommendation, as section 847 does not authorize access to the database by the general public. This rule was subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. B. Regulatory Flexibility Act DoD certifies that this final rule will not 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., because the requirement to verify that a prospective employee has received or requested the appropriate DoD ethics opinion should involve minimal effort on the part of a contractor. 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 203, 209, and 252 Government procurement. Amy G. Williams, Editor, Defense Acquisition Regulations System. Accordingly, the interim rule amending 48 CFR parts 203, 209, and 252, which was published at 74 FR 2408 ■ E:\FR\FM\19NOR1.SGM 19NOR1 59914 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Rules and Regulations on January 15, 2009, is adopted as a final rule without change. Executive Order 12866, dated September 30, 1993. [FR Doc. E9–27849 Filed 11–18–09; 8:45 am] B. Regulatory Flexibility Act BILLING CODE 5001–08–P DoD certifies that this final rule will not 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 contains a requirement for contractors to inform employees in writing of their whistleblower rights and protections, compliance with this requirement is not expected to have a significant cost or administrative impact on contractors. A. Background This final rule amends DFARS text at 205.301, by correcting the crossreference in paragraph (a)(s–70)(i)(B) to the exception for acquisitions of chemical warfare protective clothing from the restrictions on food, clothing, fabrics, and hand or measuring tools at 225.7002. C. Paperwork Reduction Act Amy G. Williams, Editor, Defense Acquisition Regulations System. DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 203 and 252 RIN 0750–AG09 Defense Federal Acquisition Regulation Supplement; Whistleblower Protections for Contractor Employees (DFARS Case 2008–D012) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: SUMMARY: DoD has adopted as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 846 of the National Defense Authorization Act for Fiscal Year 2008 and section 842 of the National Defense Authorization Act for Fiscal Year 2009. These laws address protections for contractor employees who disclose information to Government officials with regard to waste or mismanagement, danger to public health or safety, or violation of law related to a DoD contract. DATES: Effective Date: November 19, 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–D012. SUPPLEMENTARY INFORMATION: erowe on DSK5CLS3C1PROD with RULES A. Background DoD published an interim rule at 74 FR 2410 on January 15, 2009, to implement section 846 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110–181) and Section 842 of the National Defense Authorization Act for Fiscal Year 2009 (Pub. L. 110–417). These laws address whistleblower rights and protections for DoD contractor employees. DoD received no comments on the interim rule. Therefore, DoD has adopted the interim rule as a final rule without change. This rule was subject to Office of Management and Budget review under VerDate Nov<24>2008 15:20 Nov 18, 2009 Jkt 220001 Telephone 703–602–0328; facsimile 703–602–7887. SUPPLEMENTARY INFORMATION: 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 203 and 252 Government procurement. Amy G. Williams, Editor, Defense Acquisition Regulations System. Accordingly, the interim rule amending 48 CFR parts 203 and 252, which was published at 74 FR 2410 on January 15, 2009, is adopted as a final rule without change. ■ [FR Doc. E9–27847 Filed 11–18–09; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System List of Subjects in 48 CFR Part 205 Government procurement. Therefore, 48 CFR part 205 is amended as follows: ■ PART 205—PUBLICIZING CONTRACT ACTIONS 1. The authority citation for 48 CFR part 205 continues to read as follows: ■ Authority: 41 U.S.C. 421 and 48 CFR chapter 1. 2. In section 205.301, paragraph (a)(i)(B) is revised to read as follows: ■ 205.301 General. (a) * * * (i) * * * (B) The acquisition is for chemical warfare protective clothing, and the contracting officer has determined that an exception to domestic source requirements applies because the acquisition furthers an agreement with a qualifying country, in accordance with 225.7002–2(n). * * * * * [FR Doc. E9–27850 Filed 11–18–09; 8:45 am] BILLING CODE 5001–08–P 48 CFR Part 205 Defense Federal Acquisition Regulation Supplement (DFARS); Technical Amendments AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. DoD is making a technical amendment to the Defense Federal Acquisition Regulation Supplement (DFARS) to correct a cross-reference within the DFARS text. DATES: Effective Date: November 19, 2009. SUMMARY: FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301–3062. PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 208 RIN 0750–AG03 Defense Federal Acquisition Regulation Supplement; Competition Requirements for Purchases From Federal Prison Industries (DFARS Case 2008–D015) AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. SUMMARY: DoD has adopted as final, without change, an interim rule E:\FR\FM\19NOR1.SGM 19NOR1

Agencies

[Federal Register Volume 74, Number 222 (Thursday, November 19, 2009)]
[Rules and Regulations]
[Pages 59913-59914]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27849]


=======================================================================
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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 203, 209, and 252

RIN 0750-AG07


Defense Federal Acquisition Regulation Supplement; Senior DoD 
Officials Seeking Employment With Defense Contractors (DFARS Case 2008-
D007)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: DoD has adopted as final, without change, an interim rule 
amending the Defense Federal Acquisition Regulation Supplement (DFARS) 
to implement section 847 of the National Defense Authorization Act for 
Fiscal Year 2008. Section 847 addresses requirements for senior DoD 
officials to obtain a post-employment ethics opinion before accepting 
compensation from a DoD contractor within two years after leaving DoD 
service.

DATES: Effective Date: November 19, 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-D007.

SUPPLEMENTARY INFORMATION: 

A. Background

    DoD published an interim rule at 74 FR 2408 on January 15, 2009, to 
implement section 847 of the National Defense Authorization Act for 
Fiscal Year 2008 (Pub. L. 110-181). Section 847 requires that a DoD 
official, who has participated personally and substantially in a DoD 
acquisition exceeding $10 million or who has held a key acquisition 
position, must request a written opinion from a DoD ethics counselor 
before accepting compensation from a DoD contractor within two years 
after leaving DoD service. In addition, section 847 prohibits a DoD 
contractor from providing compensation to such a DoD official without 
first determining that the official has received or appropriately 
requested a post-employment ethics opinion.
    One source submitted comments on the interim rule. That source 
supported the rule and its objectives, but recommended that the central 
database/repository for retention of written ethics opinions, required 
by section 847(b), be made publicly available. DoD has not adopted this 
recommendation, as section 847 does not authorize access to the 
database by the general public.
    This rule was subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD certifies that this final rule will not 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., 
because the requirement to verify that a prospective employee has 
received or requested the appropriate DoD ethics opinion should involve 
minimal effort on the part of a contractor.

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 203, 209, and 252

    Government procurement.

Amy G. Williams,
Editor, Defense Acquisition Regulations System.

0
Accordingly, the interim rule amending 48 CFR parts 203, 209, and 252, 
which was published at 74 FR 2408

[[Page 59914]]

on January 15, 2009, is adopted as a final rule without change.

[FR Doc. E9-27849 Filed 11-18-09; 8:45 am]
BILLING CODE 5001-08-P
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