Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations 37625
Docket No. 96–198 and CC Docket No. if a caller using a TTY connected to an (as a text-to-text, TTY-to-TTY call) in an
92–105, DA 09–749, the Commission, interconnected VoIP service calls a emergency. The Commission also
via the Consumer and Governmental PSAP directly as a 911-dialed expects TRS providers to continue their
Affairs Bureau, sought comment on any emergency call (as a text-to-text, or TTY- collaboration with interconnected VoIP
remaining compliance issues that to-TTY call), the 911-dialed call will be providers and other industry
currently prevent traditional TRS routed automatically and immediately stakeholders in order to resolve any
providers from reliably identifying the through the selective router over the remaining compliance issues associated
appropriate PSAP to call when receiving wireline E911 network to the PSAP that with the processing and routing of
an emergency call via 711 and an serves the caller’s Registered Location, interconnected VoIP-originated 711
interconnected VoIP service. In just as it would be for a hearing caller emergency calls.
addition, the Commission sought via an interconnected VoIP service.
comment on: (1) The total number of 9. The record reflects that the Ordering Clauses
interconnected VoIP-originated 711 TRS remaining technical and operational Pursuant to Sections 1, 2, and 225 of
calls that are processed annually by challenges of compliance with this the Communications Act of 1934, as
interconnected VoIP and traditional requirement are formidable and that a amended, 47 U.S.C. 151, 152, and 225,
TRS providers, and the proportion of comprehensive resolution of these and Sections 0.141, 0.361, and 1.3 of the
those calls that are of an emergency issues will require significant, ongoing Commission’s rules, 47 CFR 0.141,
nature; (2) the continuing need, from the collaboration among a variety of 0.316 and 1.3, document DA 09–1461 is
consumer’s perspective, to be able to industry stakeholders. At the same time, adopted.
dial 711 via TRS in an emergency, the comments suggest that the Section 64.604(a)(4) of the
rather than dialing 911 directly; (3) any increasing popularity and availability of Commission’s rules, 47 CFR
impediments consumers have Internet-based forms of TRS have 64.604(a)(4), to the extent that it
encountered in attempting to dial 911 significantly reduced the number of requires traditional TRS providers to
directly; (4) the effectiveness of consumers with broadband Internet implement a system to automatically
providers’ outreach efforts in educating access who communicate via a TTY and and immediately call an appropriate
consumers about the importance of an interconnected VoIP service, rather PSAP when receiving an emergency
dialing 911 directly in an emergency than via an Internet-based form of TRS. 711-dialed call via an interconnected
when using a TTY and an Moreover, the introduction of more VoIP service, is waived until June 29,
interconnected VoIP service; and (5) the forward-looking solutions, such as the 2010.
continuing use of TTYs by individuals ‘‘real-time text’’ solution described in Federal Communications Commission.
with hearing or speech disabilities and, the record, is likely to diminish further
Suzanne M. Tetreault,
in particular, the use of TTYs with an the incidence of TTY use with an
interconnected VoIP service. Taken Acting Chief, Consumer and Governmental
interconnected VoIP service.
7. On June 11, 2009, AT&T filed a together, these findings lead to the
petition seeking an indefinite extension conclusion that, while TTY use by [FR Doc. E9–18008 Filed 7–28–09; 8:45 am]
of the waiver of § 64.604(a)(4), asserting interconnected VoIP consumers may be BILLING CODE 6712–01–P
that traditional TRS providers ‘‘still on the decline, there remain deaf and
cannot determine the appropriate PSAP hard of hearing consumers who
to route a VoIP-originated 711 continue to rely on TTYs. Therefore, DEPARTMENT OF DEFENSE
emergency call due to the inaccessibility while the Commission finds good cause
of registered location information.’’ See to extend for an additional year the Defense Acquisition Regulations
Implementation of Sections 255 and 251 limited waiver previously granted to System
(a)(2) of the Communications Act of traditional TRS providers, in light of the
1934, as Enacted by the continuing technical and operational 48 CFR Parts 201, 207, 215, and 237
Telecommunications Act of 1996: challenges described in the record, the RIN 0750–AG28
Access to Telecommunications Service, Commission declines to extend the
Telecommunications Equipment and waiver indefinitely. Defense Federal Acquisition
Customer Premises Equipment by 10. Finally, the Commission Regulation Supplement; Peer Reviews
Persons with Disabilities; concludes that, during the period of this of Contracts (DFARS Case 2008–D035)
Telecommunications Relay Services and waiver, any traditional TRS provider
that cannot automatically and AGENCY: Defense Acquisition
Speech-to-Speech Service for
Individuals with Hearing and Speech immediately route to an appropriate Regulations System, Department of
Disabilities, WC Docket No. 04–36, WT PSAP the outbound leg of an Defense (DoD).
Docket No. 96–198, CG Docket No. 03– interconnected VoIP-originated ACTION: Final rule.
123 & CC Docket No. 92–105, Petition emergency 711 call, as required by SUMMARY: DoD has issued a final rule
for Extension of Wavier at 2 (filed June § 64.604(a)(4) of the Commission’s rules,
amending the Defense Federal
11, 2009). must maintain a system for doing so, to
Acquisition Regulation Supplement
8. In this document, the Commission, the extent feasible, that accomplishes
(DFARS) to address requirements for
via the Consumer and Governmental the proper routing of emergency 711
Peer Reviews of DoD solicitations and
Affairs Bureau, extends until June 29, calls as quickly and efficiently as
contracts. Such reviews will promote
2010, the current limited waiver of possible. This waiver is, therefore,
quality and consistency in DoD
§ 64.604(a)(4) of the Commission’s rules, conditioned on continued compliance
to the extent it applies to traditional with that requirement. Further, during
sroberts on DSKD5P82C1PROD with RULES
TRS providers’ obligation to this period, TRS providers and DATES: Effective Date: July 29, 2009.
automatically and immediately route interconnected VoIP providers must FOR FURTHER INFORMATION CONTACT: Ms.
the outbound leg of an interconnected continue to undertake consumer Cassandra Freeman, Defense
VoIP-originated emergency 711 call to education and outreach designed to Acquisition Regulations System, OUSD
an appropriate PSAP. Notwithstanding remind individuals with hearing or (AT&L) DPAP (DARS), IMD 3D139, 3062
this action, the Commission notes that speech disabilities to dial 911 directly Defense Pentagon, Washington, DC
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37626 Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations
20301–3062. Telephone 703–602–8383; PART 201—FEDERAL ACQUISITION PART 237—SERVICE CONTRACTING
facsimile 703–602–7887. Please cite REGULATIONS SYSTEM
DFARS Case 2008–D035. ■ 5. Section 237.102 is amended by
■ 2. Section 201.170 is added to read as adding paragraph (e) to read as follows:
A. Background 237.102 Policy.
201.170 Peer Reviews. * * * * *
The objective of Peer Reviews of (a) Acquisitions valued at $1 billion or (e) Program officials shall obtain
solicitations and contracts is to ensure more. assistance from contracting officials
consistent policy implementation, to (1) The Office of the Director, Defense through the Peer Review process at
improve the quality of contracting Procurement and Acquisition Policy, 201.170.
processes, and to facilitate cross-sharing will organize teams of reviewers and
of best practices and lessons learned facilitate Peer Reviews for solicitations [FR Doc. E9–17953 Filed 7–28–09; 8:45 am]
throughout DoD. This final rule and contracts valued at $1 billion or BILLING CODE 5001–08–P
specifies that the Office of the Director, more, as follows:
Defense Procurement and Acquisition (i) Pre-award Peer Reviews will be
Policy, will organize teams of reviewers conducted for all solicitations valued at DEPARTMENT OF DEFENSE
and will facilitate Peer Reviews for all $1 billion or more (including options).
solicitations valued at $1 billion or more (ii) Post-award Peer Reviews will be Defense Acquisition Regulations
and for all contracts for services valued conducted for all contracts for services System
at $1 billion or more. In addition, the valued at $1 billion or more (including
rule requires the military departments, options). 48 CFR Parts 202, 212, 225, and 252
defense agencies, and DoD field (iii) Reviews will be conducted using RIN 0750–AF95
activities to establish procedures for the procedures at PGI 201.170.
pre-award Peer Review of solicitations (2) To facilitate planning for Peer Defense Federal Acquisition
valued at less than $1 billion, and post- Reviews, the military departments, Regulation Supplement; Restriction on
award Peer Review of contracts for defense agencies, and DoD field Acquisition of Specialty Metals
services valued at less than $1 billion. activities shall provide a rolling annual (DFARS Case 2008–D003)
This rule was not subject to Office of forecast of acquisitions with an
anticipated value of $1 billion or more AGENCY: Defense Acquisition
Management and Budget review under
(including options) at the end of each Regulations System, Department of
Executive Order 12866, dated
quarter (i.e., March 31; June 30; Defense (DoD).
September 30, 1993.
September 30; December 31), to the ACTION: Final rule.
B. Regulatory Flexibility Act Deputy Director, Defense Procurement
and Acquisition Policy (Contract Policy SUMMARY: DoD has issued a final rule
This rule will not have a significant
and International Contracting), 3060 amending the Defense Federal
cost or administrative impact on
Defense Pentagon, Washington, DC Acquisition Regulation Supplement
contractors or offerors, or a significant
20301–3060. (DFARS) to address statutory
effect beyond the internal operating
(b) Acquisitions valued at less than $1 restrictions on the acquisition of
procedures of DoD. Therefore,
billion. The military departments, specialty metals not melted or produced
publication for public comment under
defense agencies, and DoD field in the United States. The rule
41 U.S.C. 418b is not required.
activities shall establish procedures implements Section 842 of the National
However, DoD will consider comments
for— Defense Authorization Act for Fiscal
from small entities concerning the
(1) Pre-award Peer Reviews of Year 2007 and Sections 804 and 884 of
affected DFARS subparts in accordance
solicitations valued at less than $1 the National Defense Authorization Act
with 5 U.S.C. 610. Such comments
billion; and for Fiscal Year 2008.
should cite DFARS Case 2008–D035.
(2) Post-award Peer Reviews of DATES: Effective Date: July 29, 2009.
C. Paperwork Reduction Act contracts for services valued at less than FOR FURTHER INFORMATION CONTACT: Ms.
The Paperwork Reduction Act does $1 billion. Amy Williams, Defense Acquisition
not apply, because the rule does not Regulations System, OUSD (AT&L)
PART 207—ACQUISITION PLANNING
impose any information collection DPAP (DARS), IMD 3D139, 3062
requirements that require the approval ■ 3. Section 207.104 is added to read as Defense Pentagon, Washington, DC
of the Office of Management and Budget follows: 20301–3062. Telephone 703–602–0328;
under 44 U.S.C. 3501, et seq. facsimile 703–602–7887. Please cite
207.104 General procedures. DFARS Case 2008–D003.
List of Subjects in 48 CFR Parts 201, In developing an acquisition plan,
207, 215, and 237 SUPPLEMENTARY INFORMATION:
agency officials shall take into account
Government procurement. the requirement for scheduling and A. Background
conducting a Peer Review in accordance Section 842 of the National Defense
Michele P. Peterson, with 201.170. Authorization Act for Fiscal Year 2007
Editor, Defense Acquisition Regulations
System. (Pub. L. 109–364) added new provisions
PART 215—CONTRACTING BY at 10 U.S.C. 2533b, to address
■ Therefore, 48 CFR Parts 201, 207, 215, NEGOTIATION requirements for the purchase of
sroberts on DSKD5P82C1PROD with RULES
and 237 are amended as follows: specialty metals from domestic sources.
■ 4. Section 215.270 is added to read as
■ 1. The authority citation for 48 CFR Section 804 of the National Defense
Parts 201, 207, 215, and 237 continues Authorization Act for Fiscal Year 2008
to read as follows: 215.270 Peer Reviews. (Pub. L. 110–181) made amendments to
Authority: 41 U.S.C. 421 and 48 CFR Agency officials shall conduct Peer 10 U.S.C. 2533b with regard to its
Chapter 1. Reviews in accordance with 201.170. applicability to commercial items,
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