19132 Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Rules and Regulations 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 216 

RIN 0750–AH67 

Defense Federal Acquisition 

Regulation Supplement: Repeal of 

Case-by-Case Reporting (DFARS Case 

2012–D020) 

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 a section of the 

National Defense Authorization Act 

(NDAA) for Fiscal Year (FY) 2012, to 

remove a congressional notification 

requirement for single source task- or 

delivery-order contract awards over 

$103 million. 

DATES: Effective Date: March 30, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Dustin Pitsch, telephone 571–372–6094. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This rule implements section 809(b) 

of the NDAA for FY 2012 (Pub. L. 112– 

81), which removes the requirement that 

the head of the agency must notify the 

congressional defense committees 

within 30 days for each single source 

task- or delivery-order contract award 

over $103 million. 

II. Publication of This Final Rule for 

Public Comment Is Not Required by 

Statute 

‘‘Publication of proposed 

regulations’’, 41 U.S.C. 1707, is the 

statute that applies to the publication of 

the Federal Acquisition Regulation. 

Paragraph (a)(1) of the statute requires 

that a procurement policy, regulation, 

procedure or form (including an 

amendment or modification thereof) 

must be published for public comment 

if it relates to the expenditure of 

appropriated funds, and has either a 

significant effect beyond the internal 

operating procedures of the agency 

issuing the policy, regulation, procedure 

or form, or has a significant cost or 

administrative impact on contractors or 

offerors. This final rule is not required 

to be published for public comment, 

because the rule merely removes the 

requirement for the head of the agency 

to notify congressional defense 

committees for each single source taskor delivery-order contract award over 

$103 million. These requirements affect 

only the internal operating procedures 

of the Government. 

III. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

IV. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule because this final 

rule does not constitute a significant 

DFARS revision as defined at FAR 

1.501–1, and 41 U.S.C. 1707 does not 

require publication for public comment. 

V. Paperwork Reduction Act 

The rule does not contain any 

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 Part 216 

Government procurement. 

Mary Overstreet, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR Part 216 is 

amended as follows: 

PART 216—TYPES OF CONTRACTS 

■ 1. The authority citation for 48 CFR 

part 216 is revised to read as follows: 

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

chapter 1. 

■ 2. Section 216.504 is revised to read 

as follows: 

216.504 Indefinite-quantity contracts. 

(c)(1)(ii)(D) Limitation on singleaward contracts. The authority to make 

the determination authorized in FAR 

16.504(c)(1)(ii)(D)(1) shall not be 

delegated below the level of the senior 

procurement executive. 

[FR Doc. 2012–7555 Filed 3–29–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA–2012–0037] 

RIN 2127–AK20 

Federal Motor Vehicle Safety 

Standards; Bus Emergency Exits and 

Window Retention and Release 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: In this final rule, which was 

preceded by a notice of proposed 

rulemaking, NHTSA is making several 

housekeeping amendments to the 

Federal motor vehicle safety standard 

for bus emergency exits. First, based on 

a proposal made in response to a 

petition for rulemaking from the School 

Bus Manufacturers Technical Council 

(SBMTC), NHTSA amends the standard 

to specify that the exterior release (the 

exterior handle) for school bus rear 

emergency exit doors may be located 

opposite the door hinges, rather than 

located in the middle of the door. 

Second, this final rule also clarifies the 

standard as to the number of force 

applications that are required to open a 

window or roof emergency exit. Third, 

in response to a comment on the 

proposed rule, this document makes a 

technical correction by removing a 

reference to a no-longer existent figure. 

These amendments correct or clarify the 

requirements of the standard. We 

believe most, if not all, school buses are 

currently designed to meet the corrected 

or clarified requirements. 

DATES: The effective date is April 1, 

2013. Manufacturers are provided 

optional early compliance with this 

final rule beginning March 30, 2012. 

Petitions for reconsideration: Petitions 

for reconsideration of this final rule 

must be received no later than May 14, 

2012. 

ADDRESSES: Petitions for reconsideration 

of this final rule must refer to the docket 

number set forth above and be 

submitted to: Administrator, National 

Highway Traffic Safety Administration, 

1200 New Jersey Avenue SE., 

Washington, DC 20590. 


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