Defense Federal Acquisition Regulation Supplement (DFARS); Assignment of Order Codes (DFARS Case 2011-D004), 38046-38047 [2011-16320]
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38046
Federal Register / Vol. 76, No. 125 / Wednesday, June 29, 2011 / Rules and Regulations
H. Steps Taken To Minimize Significant
Economic Impact on Small Entities, and
Significant Alternatives Considered
40. The RFA requires an agency to
describe any significant alternatives that
it has considered in reaching its
approach, which may include the
following four alternatives, among
others: (1) The establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
consolidation, or simplification of
compliance or reporting requirements
under the rule for small entities; (3) the
use of performance, rather than design,
standards; and (4) an exemption from
coverage of the rule, or any part thereof,
for small entities.
41. We sought to minimize the
burdens imposed on small entities
where doing so would not compromise
the goals of the universal service lowincome mechanism. In order to
minimize the impact on ETCs, and
under the advisement of a number of
industry representatives, we have
placed the burden of checking for
duplicate claims upon USAC, rather
than ETCs. Furthermore, the duplicate
resolution process set forth in the order
requires USAC to notify an ETC which
customers should be de-enrolled from
the ETC’s Lifeline program.
I. Report to Congress
42. The Commission will send a copy
of the order, including this FRFA, in a
report to be sent to Congress and the
Government Accountability Office
pursuant to the Small Business
Regulatory Enforcement Fairness Act of
1996. In addition, the Commission will
send a copy of the order, including the
FRFA, to the Chief Counsel for
Advocacy of the Small Business
Administration. A copy of the order and
FRFA (or summaries thereof) will also
be published in the Federal Register.
List of Subjects in 47 CFR Part 54
Communications common carriers,
Reporting and recordkeeping
requirements, Telephone.
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1. The authority citation for part 54
continues to read as follows:
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16:04 Jun 28, 2011
Jkt 223001
§ 54.401
Lifeline defined.
(a) * * *
(1) That is available only to qualifying
low-income consumers, and no
qualifying consumer is permitted to
receive more than one Lifeline subsidy
concurrently.
*
*
*
*
*
■ 3. Amend § 54.405 by revising
paragraph (a), and adding paragraph (e),
to read as follows:
§ 54.405
Carrier obligation to offer Lifeline.
*
*
*
*
*
(a) Make available one Lifeline
service, as defined in § 54.401, per
qualifying low-income consumer that is
not currently receiving Lifeline service
from that or any other eligible
telecommunications carrier, and
*
*
*
*
*
(e) De-enrollment. Notwithstanding
§ 54.405(c) and (d) of this section, upon
notification by the Administrator to any
ETC in any state that a subscriber is
receiving Lifeline service from another
eligible telecommunications carrier and
should be de-enrolled from
participation in that ETC’s Lifeline
program, the ETC shall de-enroll the
subscriber from participation in that
ETC’s Lifeline program within 5
business days. An ETC shall not be
eligible for Lifeline reimbursement as
described in §§ 54.403 and 54.407 for
any de-enrolled subscriber following the
date of that subscriber’s de-enrollment.
[FR Doc. 2011–16312 Filed 6–28–11; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
RIN 0750–AH25
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 54 as
follows:
■
2. Amend § 54.401 by revising
paragraph (a)(1) to read as follows:
■
48 CFR Part 204
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
PART 54—UNIVERSAL SERVICE
Authority: 47 U.S.C. Secs. 151, 154(i), 201,
205, 214, and 254 unless otherwise noted.
Defense Federal Acquisition
Regulation Supplement (DFARS);
Assignment of Order Codes (DFARS
Case 2011–D004)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
The Department of Defense is
issuing a final rule amending the
Defense Federal Acquisition Regulation
Supplement (DFARS) to specify Defense
SUMMARY:
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Procurement and Acquisition Policy,
Program Development and
Implementation, as the office
responsible for maintaining order code
assignments. The order code procedures
are moved from the DFARS to its
companion resource, DFARS
Procedures, Guidance, and Information.
DATES:
Effective Date: June 29, 2011
FOR FURTHER INFORMATION CONTACT:
Mr.
Julian Thrash, 703–602–0310.
SUPPLEMENTARY INFORMATION:
I. Background
Director, Defense Procurement and
Acquisition Policy letter dated
September 21, 2010, replaced the
Defense Logistics Agency with Defense
Procurement and Acquisition Policy,
Program Development and
Implementation, as the responsible
office for the maintenance of all order
code assignments for use in the first two
positions of an order number when an
activity places an order against another
activity’s contract or agreement. In
addition, the procedures and addresses
for order code monitors are moved to
the DFARS companion resource, DFARS
Procedures, Guidance, and Information.
II. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule because an initial
regulatory flexibility analysis is only
required for proposed or interim rules
that require publication for public
comment (5 U.S.C. 603) and a final
regulatory flexibility analysis is only
required for final rules that were
previously published for public
comment, and for which an initial
regulatory flexibility analysis was
prepared (5 U.S.C. 604).
This final rule does not constitute a
significant DFARS revision as defined at
FAR 1.501–1 because 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 the
Government. Therefore, publication for
public comment under 41 U.S.C. 1707 is
not required.
III. Paperwork Reduction Act
The final rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
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Federal Register / Vol. 76, No. 125 / Wednesday, June 29, 2011 / Rules and Regulations
allows the Secretary of Defense to waive
applicability to a particular contractor
or subcontractor, if determined
necessary to avoid harm to national
security.
List of Subjects in 48 CFR Part 204
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 204 continues
to read as follows:
PART 204—ADMINISTRATIVE
MATTERS
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. Revise section 204.7005 to read as
follows:
■
Assignment of order codes.
(a) Defense Procurement and
Acquisition Policy, Program
Development and Implementation,
maintains the order code assignments
for use in the first two positions of an
order number when an activity places
an order against another activity’s
contract or agreement (see
204.7004(d)(2)).
(b) Contracting activities shall follow
the procedures at PGI 204.7005 for
requests for assignment of or changes in
two-character order codes.
[FR Doc. 2011–16320 Filed 6–28–11; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 212 and 222
RIN 0750–AH34
Defense Federal Acquisition
Regulation Supplement; Extension of
Restrictions on the Use of Mandatory
Arbitration Agreements (DFARS Case
2011–D035)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule to
implement section 8102 of the DoD and
Full-Year Continuing Appropriations
Act, 2011 and similar sections in
subsequent appropriations acts, to
extend the restriction on the use of
mandatory arbitration agreements, when
awarding contracts that exceed
$1 million, to use of 2011 and
subsequent fiscal year funds
appropriated or otherwise made
available by this Act or any subsequent
DoD appropriation act. Section 8102
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SUMMARY:
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16:04 Jun 28, 2011
Jkt 223001
FOR FURTHER INFORMATION CONTACT:
I. Background
1. The authority citation for 48 CFR
part 204 continues to read as follows:
■
204.7005
Effective date: June 29, 2011.
Mr.
Julian Thrash, 703–602–0310.
SUPPLEMENTARY INFORMATION:
DATES:
Section 8102 of the DoD and FullYear Continuing Appropriations, 2011
(Pub. L. 112–10), prohibits the use of
Fiscal Year (FY) 2011 funds for any
contract (including task or delivery
orders and bilateral modifications
adding new work) in excess of
$1 million, if the contractor restricts its
employees to arbitration for claims
under title VII of the Civil Rights Act of
1964, or tort related to or arising out of
sexual assault or harassment, including
assault and battery, intentional
infliction of emotional distress, false
imprisonment, or negligent hiring,
supervision, or retention.
This rule does not apply to the
acquisition of commercial items.
Section 8102(b) requires the contractor
to certify compliance by subcontractors.
Additionally, enforcement of the
mandatory arbitration provisions related
to the covered areas, does not affect the
enforcement of other aspects of an
agreement that is not related to those
areas.
This rule allows the Secretary of
Defense to waive applicability to a
particular contract or subcontract, if
determined necessary to avoid harm to
national security.
Section 8102 of the DoD and FullYear Continuing Appropriations, 2011,
extends the restrictions of section 8116
of the Defense Appropriations Act for
Fiscal Year 2010 (Pub. L. 111–118). In
implementing section 8116, public
comments were obtained under DFARS
Case 2010–D004.
This final rule does not constitute a
significant DFARS revision as defined at
FAR 1.501–1 because the requirements
are already in place and this final rule
merely extends the existing DFARS
coverage. Therefore, there is no
significant cost or administrative impact
on contractors or offerors resulting from
issuance of this rule and public
comment is not required in accordance
with 41 U.S.C. 1707(a).
Since DoD anticipates that this will be
an ongoing requirement, this rule
applies to use of all subsequent fiscal
year funds appropriated or otherwise
made available under subsequent DoD
appropriations acts. If the restriction is
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38047
removed at a future date, DoD will
amend the DFARS accordingly.
II. Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This is a
significant regulatory action and,
therefore, was subject to review under
section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated
September 30, 1993. This rule is not a
major rule under 5 U.S.C. 804.
III. 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 FAR
1.501 and public comment is not
required in accordance with 41 U.S.C.
1707.
IV. 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 212 and
222
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 212 and 222
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 219 and 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
2. Amend section 212.503 by revising
paragraph (a)(xi) to read as follows:
■
212.503 Applicability of certain laws to
Executive Agency contracts for the
acquisition of commercial items.
(a) * * *
(xi) Section 8116 of the Defense
Appropriations Act for Fiscal Year 2010
E:\FR\FM\29JNR1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 125 (Wednesday, June 29, 2011)]
[Rules and Regulations]
[Pages 38046-38047]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16320]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 204
RIN 0750-AH25
Defense Federal Acquisition Regulation Supplement (DFARS);
Assignment of Order Codes (DFARS Case 2011-D004)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Defense is issuing a final rule amending the
Defense Federal Acquisition Regulation Supplement (DFARS) to specify
Defense Procurement and Acquisition Policy, Program Development and
Implementation, as the office responsible for maintaining order code
assignments. The order code procedures are moved from the DFARS to its
companion resource, DFARS Procedures, Guidance, and Information.
DATES: Effective Date: June 29, 2011
FOR FURTHER INFORMATION CONTACT: Mr. Julian Thrash, 703-602-0310.
SUPPLEMENTARY INFORMATION:
I. Background
Director, Defense Procurement and Acquisition Policy letter dated
September 21, 2010, replaced the Defense Logistics Agency with Defense
Procurement and Acquisition Policy, Program Development and
Implementation, as the responsible office for the maintenance of all
order code assignments for use in the first two positions of an order
number when an activity places an order against another activity's
contract or agreement. In addition, the procedures and addresses for
order code monitors are moved to the DFARS companion resource, DFARS
Procedures, Guidance, and Information.
II. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
an initial regulatory flexibility analysis is only required for
proposed or interim rules that require publication for public comment
(5 U.S.C. 603) and a final regulatory flexibility analysis is only
required for final rules that were previously published for public
comment, and for which an initial regulatory flexibility analysis was
prepared (5 U.S.C. 604).
This final rule does not constitute a significant DFARS revision as
defined at FAR 1.501-1 because 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 the
Government. Therefore, publication for public comment under 41 U.S.C.
1707 is not required.
III. Paperwork Reduction Act
The final rule does not contain any information collection
requirements that require the approval of the Office of Management and
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).
[[Page 38047]]
List of Subjects in 48 CFR Part 204
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR part 204 continues to read as follows:
PART 204--ADMINISTRATIVE MATTERS
0
1. The authority citation for 48 CFR part 204 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. Revise section 204.7005 to read as follows:
204.7005 Assignment of order codes.
(a) Defense Procurement and Acquisition Policy, Program Development
and Implementation, maintains the order code assignments for use in the
first two positions of an order number when an activity places an order
against another activity's contract or agreement (see 204.7004(d)(2)).
(b) Contracting activities shall follow the procedures at PGI
204.7005 for requests for assignment of or changes in two-character
order codes.
[FR Doc. 2011-16320 Filed 6-28-11; 8:45 am]
BILLING CODE 5001-08-P
