66680 Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Rules and Regulations 

I. Background 

DFARS 209.405–1 limits placement of 

orders against contracts with contractors 

that have been debarred, suspended, or 

proposed for debarment. On December 

11, 2003, the final rule published under 

FAR Case 2002–010 (68 FR 69250) 

incorporated these restrictions into the 

FAR. The DFARS text, therefore, 

became redundant and is deleted by this 

final rule. 

II. Executive Order 12866 

This is not a significant regulatory 

action and, therefore, was not subject to 

Office of Management and Budget 

review under section 6(b) of Executive 

Order 12866, dated September 30, 1993. 

This rule is not a major rule under 5 

U.S.C. 804. 

III. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule. This final rule 

does not constitute a significant DFARS 

revision within the meaning of 41 

U.S.C. 418b and FAR 1.501, and 

publication for public comment is not 

required. However, DoD will consider 

comments from small entities 

concerning the affected DFARS parts in 

accordance with 5 U.S.C. 610. Interested 

parties must submit such comments 

separately and should cite 5 U.S.C. 601, 

et seq., in correspondence. 

IV. Paperwork Reduction Act 

This rule does not impose any new 

information collection requirements that 

require the approval of the Office of 

Management and Budget under 44 

U.S.C. 3501, et seq. 

List of Subjects in 48 CFR Part 209 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR part 209 is 

amended as follows: 

PART 209—CONTRACTOR 

QUALIFICATIONS 

■ 1. The authority citation for 48 CFR 

part 209 continues to read as follows: 

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

chapter 1. 

209.405–1 [Removed] 

■ 2. Remove section 209.405–1. 

[FR Doc. 2010–27306 Filed 10–28–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisitions Regulations 

System 

48 CFR Part 225 

RIN 0750–AG59 

Defense Federal Acquisition 

Regulation Supplement; Trade 

Agreements—New Thresholds (DFARS 

2009–D040) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is adopting as final, 

without change, the interim rule that 

amended the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to incorporate increased 

thresholds for application of the World 

Trade Organization Government 

Procurement Agreement and the Free 

Trade Agreements, as determined by the 

United States Trade Representative. 

DATES: Effective Date: October 29, 2010. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, 703–602–0328. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published an interim rule in the 

Federal Register on June 8, 2010 (75 FR 

32637) to amend the clause 

prescriptions at DFARS 225.1101 and 

225.7503 to reflect increased thresholds 

for application of the trade agreements. 

The comment period closed on August 

9, 2010. DoD received no comments on 

the interim rule. DoD has therefore 

adopted the interim 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, 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 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 

adjust the dollar threshold changes to 

keep pace with inflation and thus 

maintain the status quo. 

IV. Paperwork Reduction Act 

This final rule affects the certification 

and information collection requirements 

in the provisions at DFARS 252.225– 

7020 and 252.225–7035, currently 

approved under Office of Management 

and Budget Control Number 0704–0229. 

However, there is no impact on the 

estimated burden hours. The dollar 

threshold changes are in line with 

inflation and maintain the status quo. 

List of Subjects in 48 CFR Part 225 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Interim Rule Adopted as Final Without 

Change 

■ Accordingly, the interim rule 

amending 48 CFR part 225 published at 

75 FR 32637 on June 8, 2010, is adopted 

as final without change. 

[FR Doc. 2010–27303 Filed 10–28–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 237 and 252 

RIN 0750–AG52 

Defense Federal Acquisition 

Regulation Supplement (DFARS); 

Continuation of Essential Contractor 

Services (DFARS Case 2009–D017) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is adopting as final, with 

changes, the interim rule amending the 

Defense Federal Acquisition Regulation 

Supplement (DFARS) to add policy and 

a contract clause requiring that 

contractors providing essential 

contractor services, as determined by 

the requiring activity, shall be prepared 

to continue such services during periods 

of crisis. 

DATES: Effective date: October 29, 2010. 

Applicability date: Contracting 

officers may, at their discretion, include 

these changes in any existing contract 

with appropriate consideration, in 

accordance with FAR 1.108(d)(3). 

FOR FURTHER INFORMATION CONTACT: Mr. 

Julian E. Thrash, 703–602–0310. 

SUPPLEMENTARY INFORMATION: 

WReier-Aviles on DSKGBLS3C1PROD with RULES