67632 Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Rules and Regulations 

domestic partner’’ after the words 

‘‘unaccompanied spouse’’. 

■ b. In the table, in the heading of the 

third column, by adding the words ‘‘, 

domestic partner’’ after the words 

‘‘accompanied spouse’’. 

■ c. In footnote 1 of the table, by adding 

the words ‘‘or domestic partner’’ after the 

words ‘‘when the spouse’’. 

PART 303–70—AGENCY 

REQUIREMENTS FOR PAYMENT OF 

EXPENSES CONNECTED WITH THE 

DEATH OF CERTAIN EMPLOYEES 

■ 17. The authority citation for 41 CFR 

part 303–70 continues to read as 

follows: 

Authority: 5 U.S.C. 5721–5738; 5741– 

5742; E.O. 11609, 3 CFR, 1971–1975 Comp., 

p. 586. 

§ 302–70.305 [Amended] 

■ 18. Amend § 303–70.305 by adding in 

paragraph (c) the words ‘‘or domestic 

partner’’ after the words 

‘‘unaccompanied spouse’’. 

[FR Doc. 2010–27691 Filed 11–2–10; 8:45 am] 

BILLING CODE 6820–14–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 237 and 252 

RIN 0750–AG88 

Defense Federal Acquisition 

Regulation Supplement; Prohibition on 

Interrogation of Detainees by 

Contractor Personnel (DFARS Case 

2010–D027) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Interim rule with request for 

comments. 

SUMMARY: DoD is issuing an interim rule 

to implement section 1038 of the 

National Defense Authorization Act for 

Fiscal Year 2010 (Pub. L. 111–84). 

Section 1038 prohibits contractor 

personnel from interrogating detainees 

under the control of the Department of 

Defense. It also allows the Secretary of 

Defense to waive the prohibition for a 

limited period of time, if determined 

necessary to the national security 

interests of the United States. 

DATES: Effective Date: November 3, 

2010. Comment Date: Comments on the 

interim rule should be submitted to the 

address shown below on or before 

January 3, 2011, to be considered in the 

formation of the final rule. 

ADDRESSES: Respondents may submit 

comments, identified by DFARS Case 

2010–D027, using any of the following 

methods: 

• Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

inputting ‘‘DFARS Case 2010–D027’’ 

under the heading ‘‘Enter keyword or 

ID’’ and selecting ‘‘Search.’’ Select the 

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 20109– 

D027.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

name (if any), and ‘‘DFARS Case 2010– 

D027’’ on your attached document. 

• E-mail: dfars@osd.mil. Include 

DFARS Case 2010–D027 in the subject 

line of the message. 

• Mail: Defense Acquisition 

Regulations System, Attn: Mr. Julian E. 

Thrash, 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: Mr. 

Julian E. Thrash, 703–602–0310. Please 

cite DFARS Case 2010–D027. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 1038 of the National Defense 

Authorization Act for Fiscal Year 2010 

(Pub. L. 111–84) prohibits the 

interrogation of detainees by contractor 

personnel. DoD is amending the DFARS 

at subpart 237.1, Service Contracts— 

General, to add DFARS 237.173, 

Prohibition on Interrogation of 

Detainees by Contractor Personnel, 

adding a DFARS clause at 252.237– 

7010, Prohibition on Interrogation of 

Detainees by Contractor Personnel; 

adding this new clause to paragraphs (b) 

and (c) of the clause at 252.212–7001, 

Contract Terms and Conditions 

Required to Implement Statutes or 

Executive Orders Applicable to Defense 

Acquisitions of Commercial Items; and 

to paragraph (c) of the clause at 

252.244–7000, Subcontracts for 

Commercial Items and Commercial 

Components (DoD Contracts). 

DFARS language at 237.173 prescribes 

policies that prohibit interrogation of 

detainees by contractor personnel, as 

required by section 1038 of the National 

Defense Authorization Act for Fiscal 

Year 2010 (Pub. L. 111–84). It also 

covers permissible support roles for 

contractors by providing that contractor 

personnel with proper training and 

security clearances may be used as 

linguists, interpreters, report writers, 

information technology technicians, and 

other employees filling ancillary 

positions, including as trainers of and 

advisors to interrogations, if they meet 

the criteria provided by DoD Instruction 

1100.22, Policy and Procedures for 

Determining Workforce Mix (http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

110022p.pdf); DoD Directive 2310.01E, 

The Department of Defense Detainee 

Program (http://www.dtic.mil/whs/ 

directives/corres/pdf/231001p.pdf); and 

DoD Directive 3115.09, DoD Intelligence 

Interrogations, Detainee Debriefings, 

and Tactical Questioning (http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

311509p.pdf). 

Furthermore, the statute allows the 

Secretary of Defense to waive for a 

limited period of time the prohibition 

on interrogation of detainees by 

contractor personnel, if determined 

necessary to the national security 

interests of the United States. 

II. Executive Order 12866 

This 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 does not expect this interim rule 

to have a significant economic impact 

on a substantial number of entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601 et seq., 

because it only affects companies that 

provide intelligence-related services by 

precluding them from interrogating 

detainees. However, an initial regulatory 

flexibility analysis has been prepared 

and is summarized as follows: 

The objective of this rule is to 

implement section 1038 of the National 

Defense Authorization Act for Fiscal 

Year 2010 (Pub. L. 111–84). This statute 

provides that no enemy prisoner of war, 

civilian internee, retained personnel, 

other detainee, or any other individual 

who is in the custody or under the 

effective control of the DoD, or 

otherwise under detention in a DoD 

facility in connection with hostilities, 

may be interrogated by contractor 

personnel. In fiscal year 2009, DoD 

awarded contracts for intelligencerelated requirements to only 255 unique 

Data Universal Numbering System 

(DUNS) numbers. Of this total, there 

were 143 unique DUNS numbers for 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Rules and Regulations 67633 

small business concerns. This rule only 

prescribes polices that prohibit 

interrogation of detainees by contractor 

personnel. DoD anticipates that there 

will be no additional costs imposed on 

small business. There is no reporting or 

recordkeeping requirement established 

by this rule. This rule does not 

duplicate, overlap, or conflict with any 

other Federal rules. DoD anticipates that 

there will be limited, if any, additional 

costs imposed on small business. 

DoD invites comments from small 

business concerns 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 such 

comments separately and should cite 5 

U.S.C. 610 (DFARS Case 2010–D027) in 

correspondence. 

IV. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply, because the rule does not 

impose any 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 

reasons exist to promulgate this interim 

rule without prior opportunity for 

public comments pursuant to 41 U.S.C. 

418b and FAR 1.501–3(b). This interim 

rule is necessary to implement section 

1038 of the National Defense 

Authorization Act for Fiscal Year 2010 

(Pub. L. 111–84), which restricts the 

unauthorized interrogation of detainees 

by contractor personnel. The U.S. 

military continues to make 

extraordinary efforts in Iraq and 

Afghanistan to ensure mission success. 

Interrogation of detainees is a key tool 

it uses to protect U.S. forces, host nation 

forces and citizens, and provide support 

for the governments of Iraq and 

Afghanistan during a critical period in 

their existence. It is imperative that 

contractor activities in support of these 

efforts comply with the law and do not 

detract from the commander’s intent in 

order to contribute to mission success. 

A lack of compliance affects the 

perception of both local citizens and the 

international community, which would 

provide support to our adversaries that 

will adversely impact the U.S. 

Government’s efforts. Immediate 

implementation of this statute is 

necessary to preclude a contracting 

officer from inadvertently awarding a 

contract that allows for the interrogation 

of detainees by contractor personnel. 

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 237 and 

252 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR parts 237 and 252 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 237 and 252 continues to read as 

follows: 

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

chapter 1. 

PART 237—SERVICE CONTRACTING 

■ 2. Sections 237.173 through 237.173– 

5 are added to subpart 237.1 to read as 

follows: 

237.173 Prohibition on interrogation of 

detainees by contractor personnel. 

237.173–1 Scope. 

This section prescribes policies that 

prohibit interrogation of detainees by 

contractor personnel, as required by 

section 1038 of the Fiscal Year 2010 

National Defense Authorization Act 

(Pub. L. 111–84). 

237.173–2 Definitions. 

As used in this subpart— 

Detainee means any person captured, 

detained, held, or otherwise under the 

effective control of DoD personnel 

(military or civilian) in connection with 

hostilities. This includes, but is not 

limited to, enemy prisoners of war, 

civilian internees, and retained 

personnel. This does not include DoD 

personnel or DoD contractor personnel 

being held for law enforcement 

purposes. 

Interrogation of detainees means a 

systematic process of formally and 

officially questioning a detainee for the 

purpose of obtaining reliable 

information to satisfy foreign 

intelligence collection requirements. 

237.173–3 Policy. 

(a) No detainee may be interrogated 

by contractor personnel. 

(b) Contractor personnel with proper 

training and security clearances may be 

used as linguists, interpreters, report 

writers, information technology 

technicians, and other employees filling 

ancillary positions, including as trainers 

of and advisors to interrogators, in 

interrogations of detainees if— 

(1) Such personnel are subject to the 

same laws, rules, procedures, and 

policies (including DoD Instruction 

1100.22, Policy and Procedures for 

Determining Workforce Mix (http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

110022p.pdf); DoD Directive 2310.01E, 

The Department of Defense Detainee 

Program (http://www.dtic.mil/whs/ 

directives/corres/pdf/231001p.pdf); and 

DoD Directive 3115.09, DoD Intelligence 

Interrogations, Detainee Debriefings, 

and Tactical Questioning (http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

311509p.pdf)); pertaining to detainee 

operations and interrogations as those 

that apply to Government personnel in 

such positions in such interrogations; 

and 

(2) Appropriately qualified and 

trained DoD personnel (military or 

civilian) are available to oversee the 

contractor’s performance and to ensure 

that contractor personnel do not 

perform activities that are prohibited 

under this section. 

237.173–4 Waiver. 

The Secretary of Defense may waive 

the prohibition in 237.173–3(a) for a 

period of 60 days, if the Secretary 

determines such a waiver is vital to the 

national security interests of the United 

States. The Secretary may renew a 

waiver issued pursuant to this 

paragraph for an additional 30-day 

period, if the Secretary determines that 

such a renewal is vital to the national 

security interests of the United States. 

Not later than five days after issuance of 

the waiver, the Secretary shall submit 

written notification to Congress. See 

specific waiver procedures at DoDI 

1100.22. 

237.173–5 Contract clause. 

Insert the clause at 252.237–7010, 

Prohibition on Interrogation of 

Detainees by Contractor Personnel, in 

solicitations and contracts for the 

provision of services. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. Section 252.212–7001 is amended 

as follows: 

■ a. Revise the clause date; 

■ b. Redesignate paragraphs (b)(21) 

through (b)(25) as paragraphs (b)(22) 

through (b)(26), respectively. 

■ c. Add new paragraph (b)(21); 

■ d. Redesignate paragraphs (c)(2) 

through (c)(4) as paragraphs (c)(3) 

through (c)(5), respectively; and 

■ e. Add new paragraph (c)(2). 


emcdonald on DSK2BSOYB1PROD with RULES
67634 Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Rules and Regulations 

252.212–7001 Contract terms and 

conditions required to implement statutes 

or Executive Orders applicable to Defense 

acquisitions of commercial items. 

* * * * * 

CONTRACT TERMS AND 

CONDITIONS REQUIRED TO 

IMPLEMENT STATUTES OR 

EXECUTIVE ORDERS APPLICABLE TO 

DEFENSE ACQUISITIONS OF 

COMMERCIAL ITEMS (NOV 2010) 

* * * * * 

(b) * * * 

(21) ll 252.237–7010, Prohibition on 

Interrogation of Detainees by Contractor 

Personnel (NOV 2010) (Section 1038 of Pub. 

L. 111–84). 

* * * * * 

(c) * * * 

(2) 252.237–7010, Prohibition on 

Interrogation of Detainees by Contractor 

Personnel (NOV 2010) (Section 1038 of Pub. 

L. 111–84). 

* * * * * 

■ 4. Section 252.237–7010 is added to 

read as follows: 

252.237–7010 Prohibition on interrogation 

of detainees by contractor personnel. 

As prescribed in 237.173–5, use the 

following clause: 

PROHIBITION ON INTERROGATION 

OF DETAINEES BY CONTRACTOR 

PERSONNEL (NOV 2010) 

(a) Definitions. As used in this clause— 

Detainee means any person captured, 

detained, held, or otherwise under the 

effective control of DoD personnel (military 

or civilian) in connection with hostilities. 

This includes, but is not limited to, enemy 

prisoners of war, civilian internees, and 

retained personnel. This does not include 

DoD personnel or DoD contractor personnel 

being held for law enforcement purposes. 

Interrogation of detainees means a 

systematic process of formally and officially 

questioning a detainee for the purpose of 

obtaining reliable information to satisfy 

foreign intelligence collection requirements. 

(b) Contractor personnel shall not 

interrogate detainees. 

(c) Subcontracts. The Contractor shall 

include the substance of this clause, 

including this paragraph (c), in all 

subcontracts that may require subcontractor 

personnel to interact with detainees in the 

course of their duties. 

(End of clause) 

■ 5. Section 252.244–7000 is amended 

as follows: 

■ a. Revise the clause date; 

■ b. Redesignate paragraphs (c) through 

(e) as paragraphs (d) through (f), 

respectively; and 

■ c. Add new paragraph (c). 

252.244–7000 Subcontracts for 

Commercial Items and Commercial 

Components (DoD Contracts). 

* * * * * 

SUBCONTRACTS FOR COMMERCIAL 

ITEMS AND COMMERCIAL 

COMPONENTS (DOD CONTRACTS) 

(NOV 2010) 

* * * * * 

(c) 252.237–7010 Prohibition on 

Interrogation of Detainees by Contractor 

Personnel (NOV 2010) (Section 1038 of Pub. 

L. 111–84)]. 

* * * * * 

[FR Doc. 2010–27780 Filed 11–2–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 325 

[Docket No. FMCSA–2006–24065] 

RIN–2126–AB31 

Compliance With Interstate Motor 

Carrier Noise Emission Standards: 

Exhaust Systems 

AGENCY: Federal Motor Carrier Safety 

Administration, DOT. 

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: The Federal Motor Carrier 

Safety Administration (FMCSA) 

confirms the effective date of the direct 

final rule, titled ‘‘Compliance with 

Interstate Motor Carrier Noise Emission 

Standards: Exhaust Systems,’’ published 

on September 20, 2010, in the Federal 

Register (75 FR 57191). This rule 

eliminates turbochargers from the list of 

equipment considered to be noise 

dissipative devices. 

DATES: This rule is effective November 

19, 2010. 

ADDRESSES: The docket for this 

rulemaking (FMCSA–2006–24065) is 

available for inspection at http://www.

regulations.gov. If you do not have 

access to the Internet, you may also 

view the docket by visiting the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m. 

e.t., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, e-mail 

or call Mr. Brian Routhier, Vehicle and 

Roadside Operations Division (MC– 

PSV), Office of Bus and Truck Standards 

and Operations, at 

FMCSA_MCPSV@dot.gov or (202) 366– 

1225. 

SUPPLEMENTARY INFORMATION: On 

September 20, 2010, FMCSA published 

a direct final rule entitled ‘‘Compliance 

with Interstate Motor Carrier Noise 

Emission Standards: Exhaust Systems’’ 

in the Federal Register (75 FR 57191). 

The direct final rule amends 49 CFR 

part 325 by removing turbochargers 

from the list of equipment considered to 

be noise dissipative devices. FMCSA 

used the direct final rule procedures (75 

FR 29915, May 28, 2010) because it was 

a routine and non-controversial 

amendment, and the Agency did not 

expect any adverse comments. The 

direct final rule advised the public that 

unless a written adverse comment, or a 

written notice of intent to submit such 

an adverse comment, was received by 

October 20, 2010, the Agency would 

provide notice confirming the effective 

date. Because FMCSA did not receive 

any comments to the docket by October 

20, 2010, the direct final rule will 

become effective November 19, 2010. 

Issued on: October 27, 2010. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2010–27797 Filed 11–2–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 393 

[Docket No. FMCSA–2010–0186] 

RIN–2126–AB27 

Parts and Accessories Necessary for 

Safe Operation: Antilock Brake 

Systems 

AGENCY: Federal Motor Carrier Safety 

Administration, DOT. 

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: The Federal Motor Carrier 

Safety Administration (FMCSA) 

confirms the effective date of the direct 

final rule titled ‘‘Parts and Accessories 

Necessary for Safe Operation: Antilock 

Brake Systems,’’ published on 

September 21, 2010, in the Federal 

Register (75 FR 57393). This rule made 

permanent the existing requirement in 

the Federal Motor Carrier Safety 

Regulations that each trailer with an 

antilock brake system be equipped with 

an external malfunction indicator lamp. 

DATES: This rule is effective November 

22, 2010. 

ADDRESSES: The docket for this 

rulemaking (FMCSA–2010–0186) is 

available for inspection at http://www.

regulations.gov. If you do not have 


emcdonald on DSK2BSOYB1PROD with RULES