14590 Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Rules and Regulations 

III. Executive Order 13563 

In accordance with Executive Order 

13563, Improving Regulation and 

Regulatory Review, dated January 18, 

2011, DoD has determined that this rule 

is not excessively burdensome to the 

public, and is consistent with section 

222 of the National Defense 

Authorization Act for Fiscal Year 2011. 

IV. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule because 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 FAR 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. 

V. Paperwork Reduction Act 

This rule modifies an existing 

information collection by removing the 

requirement for an offeror to represent 

whether it is or is not a United States 

firm by completing the clause at DFARS 

252.225–7018. Deletion of this 

requirement reduces the total approved 

hours for the collection under OMB 

Control Number 0704–0229, ‘‘Defense 

Federal Acquisition Regulation 

Supplement Part 225, Foreign 

Acquisition, and Related Clauses’’ from 

57,140 to 57,135. A change request has 

been submitted to OMB. 

List of Subjects in 48 CFR Parts 225 and 

252 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 225 and 252 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 225 and 252 continues to read as 

follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

PART 225—FOREIGN ACQUISITION 

225.7016 through 225.7016–4 [Removed] 

■ 2. Sections 225.7016 through 

225.7016–4 are removed. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.225–7018 [Removed and reserved] 

■ 3. Section 252.225–7018 is removed 

and reserved. 

[FR Doc. 2011–6234 Filed 3–16–11; 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: Final rule. 

SUMMARY: DoD is adopting as final, 

without change, an interim rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement section 807 of 

the National Defense Authorization Act 

for Fiscal Year 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: March 17, 2011. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Clare Zebrowski, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DARS), 3060 Defense Pentagon, 

Room 3B855, Washington, DC 20301– 

3060. Telephone 703–602–0289; 

facsimile 703–602–0350. Please cite 

DFARS Case 2009–D029. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published an interim rule at 75 

FR 66683 on October 29, 2010, to 

implement 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 personnel 

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. 

There were no comments submitted 

on the interim rule. 

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. Executive Order 13563 

In accordance with Executive Order 

13563, Improving Regulation and 

Regulatory Review, dated January 18, 

2011, DoD has determined that this rule 

is not excessively burdensome to the 

public. It is consistent with DoD’s 

requirement to ensure the safety and 

health of its military and civilian 

personnel to the maximum extent 

practicable. 

IV. Regulatory Flexibility Act 

DoD has prepared a final regulatory 

flexibility analysis consistent with 5 

U.S.C. 604. 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. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Rules and Regulations 14591 

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. 

DoD invited comments when the 

interim rule was published on October 

29, 2010 (75 FR 66683). No comments 

were received. Based on the above 

factors, the number of small business 

firms to which the rule would apply is 

expected to be minimal. 

V. Paperwork Reduction Act 

The rule does not impose additional 

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). 

List of Subjects in 48 CFR Parts 246 and 

252 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Interim Rule Adopted as Final Without 

Change 

Accordingly, the interim rule 

amending 48 CFR parts 246 and 252, 

which was published at 75 FR 66683 on 

October 29, 2010, is adopted as a final 

rule without change. 

[FR Doc. 2011–6232 Filed 3–16–11; 8:45 am] 

BILLING CODE 5001–08–P 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1