Defense Federal Acquisition Regulation Supplement; Multiyear Contract Authority for Electricity From Renewable Energy Sources (DFARS Case 2008-D006), 34942-34943 [2010-14938]
Download as PDF
<![CDATA[
34942
Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Rules and Regulations
Frequency of Response: On occasion
reporting requirement; Third party
disclosure requirement.
Total Annual Burden: 23,040 hours.
Total Annual Costs: $1,065,600.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this information collection
is contained in Sections 4(i), 303(r), and
628 of the Communications Act of 1934,
as amended.
Nature and Extent of Confidentiality:
A party that wishes to have
confidentiality for proprietary
information with respect to a
submission it is making to the
Commission must file a petition
pursuant to the pleading requirements
in Section 76.7 and use the method
described in Sections 0.459 and 76.9 to
demonstrate that confidentiality is
warranted.
Privacy Act Impact Assessment: No
impact(s).
Needs and Uses: On January 20, 2010,
the Commission adopted a First Report
and Order, In the Matter of Review of
the Commission’s Program Access Rules
and Examination of Programming Tying
Arrangements, MB Docket No. 07–198,
FCC 10–17. In the First Report and
Order, the Commission established
rules, policies, and procedures for the
consideration of complaints alleging
unfair acts involving terrestrially
delivered, cable–affiliated programming
in violation of Section 628(b) of the
Communications Act. The Commission
also established procedures for the
consideration of requests for a
temporary standstill of the price, terms,
and other conditions of an existing
programming contract by a program
access complainant seeking renewal of
such a contract.
Federal Communications Commission.
Marlene H. Dortch,
Secretary,
Office of the Secretary,
Office of Managing Director.
[FR Doc. 2010-14877 Filed 6–18–10; 8:45 am]
BILLING CODE 6712–01–S
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 217 and 241
RIN 0750–AG48
Defense Federal Acquisition
Regulation Supplement; Multiyear
Contract Authority for Electricity From
Renewable Energy Sources (DFARS
Case 2008–D006)
AGENCY: Defense Acquisition
Regulations System; Department of
Defense (DoD).
ACTION: Interim rule with request for
comments.
SUMMARY: DoD is issuing an interim rule
to implement section 828 of the
National Defense Authorization Act for
Fiscal Year 2008. Section 828 authorizes
the Secretary of Defense to enter into a
contract for a period not to exceed 10
years for the purchase of electricity from
sources of renewable energy.
DATES: Effective Date: June 21, 2010.
Comment Date: Comments on the
interim rule should be submitted in
writing to the address shown below on
or before August 20, 2010, to be
considered in the formation of the final
rule.
ADDRESSES: Submit comments
identified by DFARS Case 2008–D006
by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: dfars@osd.mil. Include
DFARS Case 2008–D006 in the subject
line of the message.
• Fax: 703–602–0350.
• Mail: Defense Acquisition
Regulations System, Attn: Cassandra
Freeman, OUSD (AT&L) DPAP/DARS,
Room 3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060
All comments received will be posted
to https://www.regulations.gov, including
any personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms.
Cassandra Freeman, 703–602–8383.
Please cite DFARS Case 2008–D006.
SUPPLEMENTARY INFORMATION:
mstockstill on DSKH9S0YB1PROD with RULES
A. Background
This interim rule implements section
828 of the National Defense
Authorization Act for Fiscal Year 2008
(Pub. L. 110–181). It amends DFARS
parts 217 and 241 to authorize the
Department of Defense to enter into a
contract for a period not to exceed 10
years for the purchase of electricity from
sources of renewable energy, as that
VerDate Mar<15>2010
16:37 Jun 18, 2010
Jkt 220001
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
term is defined in section 203(b)(2) of
the Energy Policy Act of 2005 (42 U.S.C.
15852(b)(2)). DoD may exercise this
authority to enter into a contract for a
period in excess of five years only if the
head of the contracting activity
determines, on the basis of a business
case analysis prepared by DoD, that—
(1) The proposed purchase of
electricity under such contract is cost
effective; and
(2) It would not be possible to
purchase electricity from the source in
an economical manner without the use
of a contract for a period in excess of
five years.
This rule was subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
B. Regulatory Flexibility Act
DoD has prepared an initial regulatory
flexibility analysis consistent with 5
U.S.C. 604. The analysis is summarized
below and a copy may be obtained from
the point of contact specified herein.
There are a very limited number of
small businesses engaged in the sale of
energy-related services to include the
sale of renewable energy. Those small
businesses that engage in energy-related
activities tend to have more than one
area of competency, such as fossil fuel
electric power, distribution of electric
power, or other electric power
generation, etc. With the potential
overlap of competencies, it is very likely
that a small business may have more
than one of these competencies, thereby
reducing the number of small
businesses in these areas. The market
for renewable fuels is highly volatile
and does not have the predictability as
compared to other fuel markets.
Renewable energy and alternative fuel
projects are capital-intensive
investments, and involve the
construction of production facilities
which provides limitations to small
entities. At this time, DoD is unable to
estimate the number of small entities to
which this rule will apply. DoD invites
comments from small business concerns
and other interested parties on the
expected impact of this rule on small
entities.
DoD will also consider comments
from small entities concerning the
existing regulations in subparts affected
by this rule in accordance with 5 U.S.C.
610. Interested parties must submit such
comments separately and should cite 5
U.S.C. 610 (DFARS Case 2008–D006) in
correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act (Pub.
L. 96–511) does not apply because the
E:\FR\FM\21JNR1.SGM
21JNR1
Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Rules and Regulations
rule does not impose additional
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 authorizes
and establishes conditions under which
the Department of Defense may enter
into a contract for a period not to exceed
10 years for the purchase of electricity
from sources of renewable energy,
pursuant to section 828 of the National
Defense Authorization Act for Fiscal
Year 2008. It is necessary to publish this
rule prior to obtaining public comments
because the statute became effective
upon enactment, and it is imperative
that DoD contracting officers be aware of
the conditions under which DoD may
enter into such contracts to ensure that
they are in compliance with the
requirements of the Act. However, DoD
will consider public comments received
in response to this interim rule in the
formation of the final rule.
List of Subjects in 48 CFR Parts 217 and
241
Government procurement.
the contracting activity determines, on
the basis of a business case analysis (see
PGI 217.1, Supplemental Information
TAB, for a business case analysis
template and guidance) prepared by the
requiring activity, that—
(1) The proposed purchase of
electricity under such contract is cost
effective; and
(2) It would not be possible to
purchase electricity from the source in
an economical manner without the use
of a contract for a period in excess of
five years.
(c) Nothing in this section shall be
construed to preclude the DoD from
using other multiyear contracting
authority of DoD to purchase renewable
energy.
PART 241—ACQUISITION OF UTILITY
SERVICES
3. Section 241.103 is amended by
redesignating existing paragraph (2) as
paragraph (3); and by adding new
paragraph (2) to read as follows:
■
241.103
Statutory and delegated authority.
*
*
*
*
*
(2) See 217.175 for authority to enter
into multiyear contracts for electricity
from renewable energy sources.
*
*
*
*
*
[FR Doc. 2010–14938 Filed 6–18–10; 8:45 am]
BILLING CODE 5001–08–P
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations
System.
DEPARTMENT OF DEFENSE
Therefore, 48 CFR parts 217 and 241
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 217 and 241 continues to read as
follows:
48 CFR Parts 225 and 252
■
Authority: 41 U.S.C. 421 and 48 CFR
chapter 1.
2. Section 217.175 is added to read as
follows:
■
mstockstill on DSKH9S0YB1PROD with RULES
217.175 Multiyear contracts for electricity
from renewable energy sources.
(a) The head of the contracting
activity may enter into a contract for a
period not to exceed 10 years for the
purchase of electricity from sources of
renewable energy, as that term is
defined in section 203(b)(2) of the
Energy Policy Act of 2005 (42 U.S.C.
15852(b)(2)).
(b) Limitations. The head of the
contracting activity may exercise the
authority in paragraph (a) of this section
to enter into a contract for a period in
excess of five years only if the head of
16:37 Jun 18, 2010
Jkt 220001
[DFARS Case 2008–D024]
RIN 0750–AG13
PART 217—SPECIAL CONTRACTING
METHODS
VerDate Mar<15>2010
Defense Acquisition Regulations
System
Defense Federal Acquisition
Regulation Supplement; Para-Aramid
Fibers and Yarns Manufactured in a
Qualifying Country
AGENCY: Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
SUMMARY: DoD is adopting as final, with
changes, the interim rule amending the
Defense Federal Acquisition Regulation
Supplement (DFARS) to implement
determinations made by the Under
Secretary of Defense for Acquisition,
Technology, and Logistics with regard
to the acquisition of items containing
para-aramid fibers and yarns
manufactured in foreign countries that
have entered into a reciprocal defense
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
34943
procurement memorandum of
understanding with the United States.
DATES: Effective Date: June 21, 2010.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Williams, 703–602–0310.
SUPPLEMENTARY INFORMATION:
A. Background
DoD published an interim rule in the
Federal Register on December 18, 2008
(73 FR 76970). The comment period
closed on February 17, 2009.
10 U.S.C. 2533a restricts DoD
procurement of foreign synthetic fabric
or coated synthetic fabric, including
textiles, fibers, and yarns for use in such
fabrics. Section 807 of the National
Defense Authorization Act for Fiscal
Year 1999 (Pub. L. 105–261) provides
authority for DoD to waive the
restriction at 10 U.S.C. 2533a with
regard to para-aramid fibers and yarns.
On February 12, 1999, the Under
Secretary of Defense for Acquisition and
Technology (USD(AT&L)) waived the
restriction at 10 U.S.C. 2533a for paraaramid fibers and yarns manufactured
in the Netherlands. On August 15, 2008,
the USD(AT&L) expanded the existing
waiver to permit the acquisition of paraaramid fibers and yarns manufactured
in any qualifying country listed in
DFARS 225.003(10).
The interim rule also clarified the
definition of ‘‘qualifying countries’’ at
DFARS 225.003 and 252.225–7012 by
including a list of the qualifying
countries within the definition instead
of referring to the list at DFARS
225.872–1.
DoD received comments on the
interim rule from nine respondents.
Based on public comments, changes
were made to the interim rule. The
differences between the interim rule and
this final rule include—
• Restricting the authority to acquire
para-aramid fibers and yarns
manufactured in a qualifying country to
apply to para-aramid fibers (both staple
and continuous) and continuous
filament para-aramid yarns, based on a
new USD(AT&L) determination and
findings, dated November 9, 2009,
which contains a five year review
requirement.
• Amplifying the definition of
‘‘qualifying country’’ to make clear that
these are countries with which DoD has
negotiated reciprocal defense
procurement memoranda of
understanding.
B. Public Comments
The following is a discussion of the
comments and the changes included in
this final rule as a result of those
comments:
E:\FR\FM\21JNR1.SGM
21JNR1
]]>Agencies
[Federal Register Volume 75, Number 118 (Monday, June 21, 2010)]
[Rules and Regulations]
[Pages 34942-34943]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14938]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 217 and 241
RIN 0750-AG48
Defense Federal Acquisition Regulation Supplement; Multiyear
Contract Authority for Electricity From Renewable Energy Sources (DFARS
Case 2008-D006)
AGENCY: Defense Acquisition Regulations System; Department of Defense
(DoD).
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing an interim rule to implement section 828 of the
National Defense Authorization Act for Fiscal Year 2008. Section 828
authorizes the Secretary of Defense to enter into a contract for a
period not to exceed 10 years for the purchase of electricity from
sources of renewable energy.
DATES: Effective Date: June 21, 2010.
Comment Date: Comments on the interim rule should be submitted in
writing to the address shown below on or before August 20, 2010, to be
considered in the formation of the final rule.
ADDRESSES: Submit comments identified by DFARS Case 2008-D006 by any of
the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: dfars@osd.mil. Include DFARS Case 2008-D006 in the
subject line of the message.
Fax: 703-602-0350.
Mail: Defense Acquisition Regulations System, Attn:
Cassandra Freeman, OUSD (AT&L) DPAP/DARS, Room 3B855, 3060 Defense
Pentagon, Washington, DC 20301-3060
All comments received will be posted to https://www.regulations.gov,
including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms. Cassandra Freeman, 703-602-8383.
Please cite DFARS Case 2008-D006.
SUPPLEMENTARY INFORMATION:
A. Background
This interim rule implements section 828 of the National Defense
Authorization Act for Fiscal Year 2008 (Pub. L. 110-181). It amends
DFARS parts 217 and 241 to authorize the Department of Defense to enter
into a contract for a period not to exceed 10 years for the purchase of
electricity from sources of renewable energy, as that term is defined
in section 203(b)(2) of the Energy Policy Act of 2005 (42 U.S.C.
15852(b)(2)). DoD may exercise this authority to enter into a contract
for a period in excess of five years only if the head of the
contracting activity determines, on the basis of a business case
analysis prepared by DoD, that--
(1) The proposed purchase of electricity under such contract is
cost effective; and
(2) It would not be possible to purchase electricity from the
source in an economical manner without the use of a contract for a
period in excess of five years.
This rule was subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD has prepared an initial regulatory flexibility analysis
consistent with 5 U.S.C. 604. The analysis is summarized below and a
copy may be obtained from the point of contact specified herein. There
are a very limited number of small businesses engaged in the sale of
energy-related services to include the sale of renewable energy. Those
small businesses that engage in energy-related activities tend to have
more than one area of competency, such as fossil fuel electric power,
distribution of electric power, or other electric power generation,
etc. With the potential overlap of competencies, it is very likely that
a small business may have more than one of these competencies, thereby
reducing the number of small businesses in these areas. The market for
renewable fuels is highly volatile and does not have the predictability
as compared to other fuel markets. Renewable energy and alternative
fuel projects are capital-intensive investments, and involve the
construction of production facilities which provides limitations to
small entities. At this time, DoD is unable to estimate the number of
small entities to which this rule will apply. DoD invites comments from
small business concerns and other interested parties on the expected
impact of this rule on small entities.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this rule in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 610 (DFARS Case 2008-D006) in
correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act (Pub. L. 96-511) does not apply because
the
[[Page 34943]]
rule does not impose additional 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 authorizes and establishes conditions under which the
Department of Defense may enter into a contract for a period not to
exceed 10 years for the purchase of electricity from sources of
renewable energy, pursuant to section 828 of the National Defense
Authorization Act for Fiscal Year 2008. It is necessary to publish this
rule prior to obtaining public comments because the statute became
effective upon enactment, and it is imperative that DoD contracting
officers be aware of the conditions under which DoD may enter into such
contracts to ensure that they are in compliance with the requirements
of the Act. However, DoD will consider public comments received in
response to this interim rule in the formation of the final rule.
List of Subjects in 48 CFR Parts 217 and 241
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR parts 217 and 241 are amended as follows:
0
1. The authority citation for 48 CFR parts 217 and 241 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
PART 217--SPECIAL CONTRACTING METHODS
0
2. Section 217.175 is added to read as follows:
217.175 Multiyear contracts for electricity from renewable energy
sources.
(a) The head of the contracting activity may enter into a contract
for a period not to exceed 10 years for the purchase of electricity
from sources of renewable energy, as that term is defined in section
203(b)(2) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b)(2)).
(b) Limitations. The head of the contracting activity may exercise
the authority in paragraph (a) of this section to enter into a contract
for a period in excess of five years only if the head of the
contracting activity determines, on the basis of a business case
analysis (see PGI 217.1, Supplemental Information TAB, for a business
case analysis template and guidance) prepared by the requiring
activity, that--
(1) The proposed purchase of electricity under such contract is
cost effective; and
(2) It would not be possible to purchase electricity from the
source in an economical manner without the use of a contract for a
period in excess of five years.
(c) Nothing in this section shall be construed to preclude the DoD
from using other multiyear contracting authority of DoD to purchase
renewable energy.
PART 241--ACQUISITION OF UTILITY SERVICES
0
3. Section 241.103 is amended by redesignating existing paragraph (2)
as paragraph (3); and by adding new paragraph (2) to read as follows:
241.103 Statutory and delegated authority.
* * * * *
(2) See 217.175 for authority to enter into multiyear contracts for
electricity from renewable energy sources.
* * * * *
[FR Doc. 2010-14938 Filed 6-18-10; 8:45 am]
BILLING CODE 5001-08-P
