Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Rules and Regulations 66683 

252.237–7023 Continuation of Essential 

Contractor Services. 

As prescribed in 237.7603(a), use the 

following clause: 

CONTINUATION OF ESSENTIAL 

CONTRACTOR SERVICES (OCT 2010) 

(a) Definitions. As used in this clause– 

(1) Essential contractor service means a 

service provided by a firm or individual 

under contract to DoD to support missionessential functions, such as support of vital 

systems, including ships owned, leased, or 

operated in support of military missions or 

roles at sea; associated support activities, 

including installation, garrison, and base 

support services; and similar services 

provided to foreign military sales customers 

under the Security Assistance Program. 

Services are essential if the effectiveness of 

defense systems or operations has the 

potential to be seriously impaired by the 

interruption of these services, as determined 

by the appropriate functional commander or 

civilian equivalent. 

(2) Mission-essential functions means those 

organizational activities that must be 

performed under all circumstances to achieve 

DoD component missions or responsibilities, 

as determined by the appropriate functional 

commander or civilian equivalent. Failure to 

perform or sustain these functions would 

significantly affect DoD’s ability to provide 

vital services or exercise authority, direction, 

and control. 

(b) The Government has identified all or a 

portion of the contractor services performed 

under this contract as essential contractor 

services in support of mission-essential 

functions. These services are listed in 

attachment l, Mission-Essential Contractor 

Services, dated llll. 

(c)(1) The Mission-Essential Contractor 

Services Plan submitted by the Contractor, is 

incorporated in this contract. 

(2) The Contractor shall maintain and 

update its plan as necessary. The Contractor 

shall provide all plan updates to the 

Contracting Officer for approval. 

(3) As directed by the Contracting Officer, 

the Contractor shall participate in training 

events, exercises, and drills associated with 

Government efforts to test the effectiveness of 

continuity of operations procedures and 

practices. 

(d)(1) Notwithstanding any other clause of 

this contract, the Contractor shall be 

responsible to perform those services 

identified as essential contractor services 

during crisis situations (as directed by the 

Contracting Officer), in accordance with its 

Mission-Essential Contractor Services Plan. 

(2) In the event the Contractor anticipates 

not being able to perform any of the essential 

contractor services identified in accordance 

with paragraph (b) of this clause during a 

crisis situation, the Contractor shall notify 

the Contracting Officer or other designated 

representative as expeditiously as possible 

and use its best efforts to cooperate with the 

Government in the Government’s efforts to 

maintain the continuity of operations. 

(e) The Government reserves the right in 

such crisis situations to use Federal 

employees, military personnel, or contract 

support from other contractors, or to enter 

into new contracts for essential contractor 

services. 

(f) Changes. The Contractor shall segregate 

and separately identify all costs incurred in 

continuing performance of essential services 

in a crisis situation. The Contractor shall 

notify the Contracting Officer of an increase 

or decrease in costs within ninety days after 

continued performance has been directed by 

the Contracting Officer, or within any 

additional period that the Contracting Officer 

approves in writing, but not later than the 

date of final payment under the contract. The 

Contractor’s notice shall include the 

Contractor’s proposal for an equitable 

adjustment and any data supporting the 

increase or decrease in the form prescribed 

by the Contracting Officer. The parties shall 

negotiate an equitable price adjustment to the 

contract price, delivery schedule, or both as 

soon as is practicable after receipt of the 

Contractor’s proposal. 

(g) The Contractor shall include the 

substance of this clause, including this 

paragraph (g), in subcontracts for the 

essential services. 

(End of clause) 

■ 4. Section 252.237–7024 is added to 

read as follows: 

252.237–7024 Notice of Continuation of 

Essential Contractor Services. 

As prescribed in 237.7603(b), use the 

following provision: 

NOTICE OF CONTINUATION OF 

ESSENTIAL CONTRACTOR SERVICES 

[OCT 2010] 

(a) Definitions. Essential contractor service 

and mission-essential functions have the 

meanings given in the clause at 252.237– 

7023, Continuation of Essential Contractor 

Services, in this solicitation. 

(b) The offeror shall provide with its offer 

a written plan describing how it will 

continue to perform the essential contractor 

services listed in attachment l, Mission 

Essential Contractor Services, dated llll, 

during periods of crisis. The offeror shall— 

(1) Identify provisions made for the 

acquisition of essential personnel and 

resources, if necessary, for continuity of 

operations for up to 30 days or until normal 

operations can be resumed; 

(2) Address in the plan, at a minimum— 

(i) Challenges associated with maintaining 

essential contractor services during an 

extended event, such as a pandemic that 

occurs in repeated waves; 

(ii) The time lapse associated with the 

initiation of the acquisition of essential 

personnel and resources and their actual 

availability on site; 

(iii) The components, processes, and 

requirements for the identification, training, 

and preparedness of personnel who are 

capable of relocating to alternate facilities or 

performing work from home; 

(iv) Any established alert and notification 

procedures for mobilizing identified 

‘‘essential contractor service’’ personnel; and 

(v) The approach for communicating 

expectations to contractor employees 

regarding their roles and responsibilities 

during a crisis. 

(End of provision) 

[FR Doc. 2010–27302 Filed 10–28–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 246 and 252 

RIN 0750–AG73 

Defense Federal Acquisition 

Regulation Supplement; Safety of 

Facilities, Infrastructure, and 

Equipment for Military Operations 

(DFARS Case 2009–D029) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Interim rule with request for 

comments. 

SUMMARY: DoD is issuing an interim rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement section 807 of 

the National Defense Authorization Act 

of 2010. Section 807 requires that 

facilities, infrastructure, and equipment 

that are intended for use by military or 

civilian personnel of the Department of 

Defense (DoD), in current or future 

military operations, should be inspected 

for safety and habitability prior to use, 

and that such facilities should be 

brought into compliance with generally 

accepted standards for the safety and 

health of personnel to the maximum 

extent practicable consistent with the 

requirements of military operations and 

the best interests of DoD to minimize 

the safety and health risk posed to such 

personnel. 

DATES: Effective date: October 29, 2010. 

Comment date: Comments on the 

interim rule should be submitted in 

writing to the address shown below on 

or before December 28, 2010, to be 

considered in the formation of the final 

rule. 

ADDRESSES: Submit comments, 

identified by DFARS Case 2008–D029, 

using any of the following methods: 

Regulations.gov: http:// 

www.regulations.gov. 

Submit comments via the Federal 

eRulemaking portal by inputting 

‘‘DFARS Case 2009–D029’’ under the 

heading ‘‘Enter keyword or ID’’ and 

selecting ‘‘Search.’’ Select the link 

‘‘Submit a Comment’’ that corresponds 

with ‘‘DFARS Case 2009–D029.’’ Follow 

the instructions provided at the ‘‘Submit 

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a Comment’’ screen. Please include your 

name, company name (if any), and 

‘‘DFARS Case 2009–D029’’ on your 

attached document. 

E-mail: dfars@osd.mil. Include 

DFARS Case 2008–D029 in the subject 

line of the message. 

Fax: 703–602–0350. 

Mail: Defense Acquisition Regulations 

System, Attn: Ms. Mary Overstreet, 

OUSD (AT&L) DPAP (DARS), Room 

3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Comments received generally will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

To confirm receipt of your 

comment(s), please check http:// 

www.regulations.gov approximately two 

to three days after submission to verify 

posting (except allow 30 days for 

posting of comments submitted by 

mail). 

FOR FURTHER INFORMATION CONTACT: Ms. 

Mary Overstreet, 703–602–0311. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This interim rule implements section 

807 of the National Defense 

Authorization Act for Fiscal Year 2010 

(Pub. L. 111–84), which was signed on 

October 28, 2009. Section 807 requires 

that— 

• Each contract, including task or 

delivery orders, entered into for the 

construction, installation, repair, 

maintenance, or operation of facilities, 

infrastructure, and equipment for use by 

DoD military or civilian should be 

inspected for safety and habitability 

prior to use to minimize the safety and 

health risk posed to such personnel; 

• The term ‘‘generally accepted 

standards’’ shall be defined with respect 

to fire protection, structural integrity, 

electrical systems, plumbing, water 

treatment, waste disposal, and 

telecommunications networks for the 

purposes of this section; and 

• Exceptions and limitations shall be 

provided as may be needed to ensure 

that this section can be implemented in 

a manner that is consistent with the 

requirements of military operations and 

the best interests of the Department of 

Defense. 

DoD amended DFARS subpart 246.2, 

Contract Quality Requirements, to add 

section 246.270, Safety of Facilities, 

Infrastructure, and Equipment for 

Military Operations. Part 252 is 

amended to include a new contract 

clause, 252.246–7004, Safety of 

Facilities, Infrastructure, and Equipment 

for Military Operations. 

DFARS 246.270–1 provides for the 

scope to be limited to current or future 

military operations performed outside 

the United States, Guam, Puerto Rico, 

and the Virgin Islands. 

DFARS 246.270–2 provides for the 

rule to apply to each contract, including 

task and delivery orders, for 

construction, installation, repair, 

maintenance, or operation of facilities. 

This includes contracts for facilities, 

infrastructure, and equipment 

configured for occupancy, including but 

not limited to, existing host nation 

facilities, new construction, and 

relocatable buildings. Contracts will 

require compliance with the Unified 

Facilities Criteria (UFC) 1–200–01 and 

its referenced standards to meet 

generally accepted standards for fire 

protection, structural integrity, electrical 

systems, plumbing, water treatment, 

waste disposal, and telecommunications 

networks. Facilities, infrastructure, and 

equipment shall be inspected prior to 

use for compliance with UFC 1–200–01 

to ensure safety and habitability. 

DFARS 246.270–3 allows the 

combatant commander to waive 

compliance with any standards when 

compliance is impracticable under 

prevailing operational conditions. 

The new contract clause 252.246– 

7004, Safety of Facilities, Infrastructure, 

and Equipment for Military Operations, 

provides for use of the UFC 1–200–01 

standards. The clause also provides for 

use of facilities that are constructed to 

standards equivalent to or more 

stringent than the UFC 1–200–01 

standards based upon a written 

determination by the Contracting Officer 

with the concurrence of the relevant 

Discipline Working Group. The 

Discipline Working Group is defined in 

the clause. Section 807 is applicable to 

contracts for the acquisition of 

commercial items. Subpart 252.2, Text 

of Provisions and Clauses, is amended 

to add 252.246.7004, Safety of Facilities, 

Infrastructure, and Equipment for 

Military Operations, to 252.212–7001, 

Contract Terms and Conditions 

Required to Implement Statutes or 

Executive Orders Applicable to Defense 

Acquisition of Commercial Items, 

subparagraph (b)(22). 

Contracting officers are encouraged to 

include this rule in solicitations issued 

before the effective date, provided 

award occurs after the effective date. 

Contracting officers are also encouraged 

to apply this rule to the maximum 

extent practicable to existing contracts, 

consistent with FAR 1.108(d). 

II. Executive Order 12866 

This rule 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 

DoD has prepared an initial regulatory 

flexibility analysis consistent with 5 

U.S.C. 603. A copy of the analysis may 

be obtained from the point of contact 

specified herein. The analysis is 

summarized as follows: 

The rule affects contractors with 

contracts, including task and delivery 

orders, in support of current and future 

military operations for construction, 

installation, repair, maintenance, or 

operation of facilities. This includes 

contracts for facilities, infrastructure, 

and equipment configured for 

occupancy, including but not limited to, 

existing host nation facilities, new 

construction, and relocatable buildings. 

Contracts will require compliance 

with the Unified Facilities Criteria 

(UFC) 1–200–01 to meet generally 

accepted standards for fire protection, 

structural integrity, electrical systems, 

plumbing, water treatment, waste 

disposal, and telecommunications 

networks. Facilities, infrastructure, and 

equipment shall be inspected prior to 

use to ensure safety and habitability. 

Military operations affected by this 

rule are those outside the United States, 

Guam, Puerto Rico, and the Virgin 

Islands. 

Contract support for recent military 

operations has been provided primarily 

by the Department of Army’s LOGCAP 

contracts, which were awarded to large 

businesses. There are high costs 

associated with a company being able to 

perform in the geographic regions where 

most military operations are currently 

taking place. This makes it unlikely that 

a small business could afford to sustain 

the infrastructure required to perform 

these types of services in locations such 

as Iraq and Afghanistan. Small business 

preferential programs under FAR part 

19 may not apply to these contracts as 

they only apply to contracts placed in 

the United States or its outlying areas. 

At this time, DoD is unable to estimate 

the number of small entities to which 

this rule will apply. However, based on 

the above factors, the number of small 

business firms to which the rule would 

apply is expected to be minimal. 

DoD invites comments from small 

businesses 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 

comments separately and should cite 5 

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Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Rules and Regulations 66685 

U.S.C. 610 (DFARS Case 2009–D029) in 

correspondence. 

IV. Paperwork Reduction Act 

The Paperwork Reduction Act (Pub. 

L. 96–511) does not apply because the 

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. 

V. Determination To Issue an Interim 

Rule 

A determination has been made under 

the authority of the Secretary of Defense 

(DoD) that urgent and compelling 

circumstances exist to promulgate this 

interim rule without prior opportunity 

for public comments. This action is 

necessary because section 807 of the 

National Defense Authorization Act for 

Fiscal Year 2010 became effective 60 

days after enactment, October 28, 2009. 

Section 807 requires that facilities, 

infrastructure, and equipment that are 

intended for use by military or civilian 

personnel of the Department of Defense 

(DoD), in current or future military 

operations, should be inspected for 

safety and habitability prior to use and 

that such facilities should be brought 

into compliance with generally accepted 

standards for the safety and health of 

personnel to the maximum extent 

practicable consistent with the 

requirements of military operations. 

Implementing language must be 

published as quickly as possible to 

minimize the safety and health risk 

posed to DoD military or civilian 

personnel during military operations. 

However, pursuant to 41 U.S.C. 418b 

and FAR 1.501–3, 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 246 and 

252 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR parts 246 and 252 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 246 and 252 continues to read as 

follows: 

Authority: 41 U.S.C. 421 and 48 CFR 

chapter 1. 

PART 246—QUALITY ASSURANCE 

■ 2. Section 246.101 is added to read as 

follows: 

246.101 Definitions. 

Discipline Working Group, as used in 

this subpart, is defined in the clause at 

252.246–7004, Safety of Facilities, 

Infrastructure, and Equipment for 

Military Operations. 

■ 3. Section 246.270 is added to read as 

follows: 

246.270 Safety of facilities, infrastructure, 

and equipment for military operations. 

246.270–1 Scope. 

This section implements section 807 

of the National Defense Authorization 

Act for Fiscal Year 2010 (Pub. L. 111– 

84). It establishes policies and 

procedures intended to ensure the safety 

and habitability of facilities, 

infrastructure, and equipment acquired 

for use by DoD military or civilian 

personnel during military operations 

performed outside the United States, 

Guam, Puerto Rico, and the Virgin 

Islands. 

246.270–2 Policy. 

(a) Contracts (including task and 

delivery orders) for the construction, 

installation, repair, maintenance, or 

operation of facilities, infrastructure, 

and equipment configured for 

occupancy, including but not limited to, 

existing host nation facilities, new 

construction, and relocatable buildings 

acquired for use by DoD military or 

civilian personnel, shall require a preoccupancy safety and habitability 

inspection. 

(b) To minimize safety and health 

risks, each contract covered by this 

policy shall require the contractor’s 

compliance with the Unified Facilities 

Criteria (UFC) 1–200–01 and its 

referenced standards for— 

(1) Fire protection; 

(2) Structural integrity; 

(3) Electrical systems; 

(4) Plumbing; 

(5) Water treatment; 

(6) Waste disposal; and 

(7) Telecommunications networks. 

(c) Existing host nation facilities 

constructed to standards equivalent to 

or more stringent than UFC 1–200–01 

are acceptable upon a written 

determination of the acceptability of the 

standards by the Discipline Working 

Group. 

(d) Inspections to ensure compliance 

with UFC 1–200–01 standards shall be 

conducted in accordance with the 

inspection clause of the contract. 

246.270–3 Exceptions. 

The combatant commander may 

waive compliance with the foregoing 

standards when it is impracticable to 

comply with such standards under 

prevailing operational conditions. 

246.270–4 Contract clause. 

Use the clause at 252.246–7004, 

Safety of Facilities, Infrastructure, and 

Equipment for Military Operations, in 

solicitations and contracts for the 

construction, installation, repair, 

maintenance, or operation of facilities, 

infrastructure, or for equipment 

configured for occupancy, planned for 

use by DoD military or civilian 

personnel during military operations. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 4. Section 252.212–7001 is amended 

as follows: 

■ a. Redesignate paragraphs (b)(22), 

(b)(23), and (b)(24) as paragraphs (b)(23), 

(b)(24), and (b)(25), respectively; 

■ b. Add new paragraph (b)(22) to read 

as follows: 

252.212–7001 Contract Terms and 

Conditions Required To Implement Statutes 

or Executive Orders Applicable to Defense 

Acquisitions of Commercial Items. 

* * * * * 

(b) * * * 

(22)lll 252.246–7004, Safety of 

Facilities, Infrastructure, and Equipment 

for Military Operations (OCT 2010) 

(Section 807 of Public Law 111–84). 

* * * * * 

■ 5. Section 252.246–7004 is added to 

read as follows: 

252.246–7004 Safety of Facilities, 

Infrastructure, and Equipment for Military 

Operations. 

As prescribed in 246.270–4, use the 

following clause: 

SAFETY OF FACILITIES, 

INFRASTRUCTURE, AND 

EQUIPMENT FOR MILITARY 

OPERATIONS (OCT 2010) 

(a) Definition. Discipline Working Group, 

as used in this clause, means representatives 

from the DoD Components, as defined in 

MIL–STD–3007F, who are responsible for the 

unification and maintenance of the Unified 

Facilities Criteria (UFC) documents for a 

particular discipline area. 

(b) The Contractor shall ensure, consistent 

with the requirements of the applicable 

inspection clause in this contract, that the 

facilities, infrastructure, and equipment 

acquired, constructed, installed, repaired, 

maintained, or operated under this contract 

comply with Unified Facilities Criteria (UFC) 

1–200–01 for— 

(1) Fire protection; 

(2) Structural integrity; 

(3) Electrical systems; 

(4) Plumbing; 

(5) Water treatment; 

(6) Waste disposal; and 

(7) Telecommunications networks. 

(c) The Contractor may apply a standard 

equivalent to or more stringent than UFC 1– 

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66686 Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Rules and Regulations 

200–01 upon a written determination of the 

acceptability of the standard by the 

Contracting Officer with the concurrence of 

the relevant Discipline Working Group. 

(End of clause) 

[FR Doc. 2010–27305 Filed 10–28–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 252 

RIN 0750–AG60 

Defense Federal Acquisition 

Regulation Supplement; Balance of 

Payments Program Exemption for 

Commercial Information Technology— 

Construction Material (DFARS Case 

2009–D041) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement the exemption 

from the Balance of Payments Program 

for construction material that is 

commercial information technology. 

DATES: Effective Date: October 29, 2010. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, 703–602–0328. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is amending the DFARS to 

implement in the clauses at 252.225– 

7044, Balance of Payments Program— 

Construction Material, and 252.225– 

7045, Balance of Payments Program— 

Construction Material under Trade 

Agreements, the exemption from the 

Balance of Payments Program for 

construction material that is commercial 

information technology. 

DoD published a proposed rule in the 

Federal Register (75 FR 32636) on June 

8, 2010. DoD received no comments on 

the proposed rule. Therefore, DoD is 

adopting the proposed rule as a final 

rule without change. 

II. Executive Order 12866 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. This rule is not a 

major rule under 5 U.S.C. 804. 

III. 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 this rule does not impose 

economic burdens on contractors. The 

purpose and effect of this rule is to 

provide an exception to the Balance of 

Payments Program for commercial 

information technology to be used in 

overseas construction projects. 

IV. Paperwork Reduction Act 

The Paperwork Reduction Act (Pub. 

L. 104–13) does not apply because the 

proposed rule contains no information 

collection requirements. 

List of Subjects in 48 CFR Part 252 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR part 252 is 

amended as follows: 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 1. The authority citation for 48 CFR 

part 252 continues to read as follows: 

Authority: 41 U.S.C. 421 and 48 CFR 

chapter 1. 

■ 2. Section 252.225–7044 is amended 

by revising the clause date, revising 

paragraph (b)(1), redesignating 

paragraph (b)(2) as paragraph (b)(3), and 

adding new paragraph (b)(2) to read as 

follows: 

252.225–7044 Balance of Payments 

Program—Construction Material. 

* * * * * 

BALANCE OF PAYMENTS 

PROGRAM—CONSTRUCTION 

MATERIAL (OCT 2010) 

* * * * * 

(b) * * * 

(1) Construction material valued at or 

below the simplified acquisition threshold in 

part 2 of the Federal Acquisition Regulation; 

(2) Information technology that is a 

commercial item; or 

* * * * * 

■ 3. Section 252.225–7045 is amended 

by: 

■ a. Revising the clause date, revising 

paragraph (c)(1), redesignating 

paragraph (c)(2) as paragraph (c)(3), and 

adding new paragraph (c)(2); and 

■ b. In Alternate I, by revising the clause 

date, revising paragraph (c)(1), 

redesignating paragraph (c)(2) as 

paragraph (c)(3), and adding new 

paragraph (c)(2). 

The revisions and additions read as 

follows: 

252.225–7045 Balance of Payments 

Program—Construction Material Under 

Trade Agreements. 

* * * * * 

BALANCE OF PAYMENTS 

PROGRAM—CONSTRUCTION 

MATERIAL UNDER TRADE 

AGREEMENTS (OCT 2010) 

* * * * * 

(c) * * * 

(1) Construction material valued at or 

below the simplified acquisition threshold in 

part 2 of the Federal Acquisition Regulation; 

(2) Information technology that is a 

commercial item; or 

* * * * * 

ALTERNATE I (OCT 2010) 

* * * * * 

(c) * * * 

(1) Construction material valued at or 

below the simplified acquisition threshold in 

part 2 of the Federal Acquisition Regulation; 

(2) Information technology that is a 

commercial item; or 

* * * * * 

[FR Doc. 2010–27304 Filed 10–28–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA–2008–0613] 

RIN 2127–AK49 

Federal Motor Vehicle Safety 

Standards; Seat Belt Assembly 

Anchorages, School Bus Passenger 

Seating and Crash Protection 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Final rule; response to petitions 

for reconsideration. 

SUMMARY: In this final rule, we respond 

to petitions for reconsideration of a final 

rule published on October 21, 2008, 

which upgraded NHTSA’s school bus 

passenger crash protection 

requirements. This document denies 

most of the requests in the petitions for 

reconsideration. 

To the extent we grant petitions, we 

make slight changes to the regulatory 

text of the October 2008 final rule to 

clarify the rule. We make clearer the 

procedure specifying how we will 

measure the height of school bus 

passenger torso belts, and we are 

clarifying that a requirement that seat 

belts be integral to the passenger seat (a 

requirement adopted to reduce the 

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