[Federal Register Volume 76, Number 52 (Thursday, March 17, 2011)]
[Rules and Regulations]
[Pages 14590-14591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6232]


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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.

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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--
    <bullet> 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;
    <bullet> 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
    <bullet> 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.

[[Page 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]
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