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Federal RegisterVol 74_ No 144Wednesday_ July 29_ 2009Rules

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					                                                               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.
                                                                                                                                                            Affairs Bureau.
                                               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
                                                                                                                                                            contracting.
                                             to the extent it applies to traditional                  with that requirement. Further, during
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                                             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
                                             SUPPLEMENTARY INFORMATION:
                                                                                                      ■ 2. Section 201.170 is added to read as              adding paragraph (e) to read as follows:
                                                                                                      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
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                                             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
                                                                                                      follows:
                                             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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