### 66686 Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Rules and Regulations

200–01 upon a written determination of the acceptability of the standard by the Contracting Officer with the concurrence of the relevant Discipline Working Group. (End of clause) [FR Doc. 2010–27305 Filed 10–28–10; 8:45 am]
**BILLING CODE 5001–08–P**

**DEPARTMENT OF DEFENSE Defense Acquisition Regulations**  **System**

**48 CFR Part 252**
**RIN 0750–AG60 Defense Federal Acquisition**  **Regulation Supplement; Balance of Payments Program Exemption for**  **Commercial Information Technology— Construction Material (DFARS Case**  **2009–D041)**

**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 the exemption from the Balance of Payments Program for construction material that is commercial information technology. **DATES :**  Effective Date: October 29, 2010. **FOR FURTHER INFORMATION CONTACT :**  Ms. Amy Williams, 703–602–0328. **SUPPLEMENTARY INFORMATION :**  I. Background

DoD is amending the DFARS to implement in the clauses at 252.225– 7044, Balance of Payments Program— Construction Material, and 252.225– 7045, Balance of Payments Program— Construction Material under Trade Agreements, the exemption from the Balance of Payments Program for construction material that is commercial information technology.

DoD published a proposed rule in the Federal Register (75 FR 32636) on June 8, 2010. DoD received no comments on the proposed rule. Therefore, DoD is adopting the proposed 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, 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 provide an exception to the Balance of Payments Program for commercial information technology to be used in overseas construction projects. IV. Paperwork Reduction Act

The Paperwork Reduction Act (Pub. L. 104–13) does not apply because the proposed rule contains no information collection requirements. List of Subjects in 48 CFR Part 252

Government procurement. Ynette R. Shelkin, Editor, Defense Acquisition Regulations System.

■ Therefore, 48 CFR part 252 is amended as follows:
**PART 252—SOLICITATION PROVISIONS AND CONTRACT**  **CLAUSES**

■ 1. The authority citation for 48 CFR part 252 continues to read as follows:

Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
■ 2. Section 252.225–7044 is amended by revising the clause date, revising paragraph (b)(1), redesignating paragraph (b)(2) as paragraph (b)(3), and adding new paragraph (b)(2) to read as follows: **252.225–7044 Balance of Payments Program—Construction Material.**  * * * * * BALANCE OF PAYMENTS PROGRAM—CONSTRUCTION MATERIAL (OCT 2010) * * * * *

(b) * * * (1) Construction material valued at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation;

(2) Information technology that is a commercial item; or * * * * *
■ 3. Section 252.225–7045 is amended by:
■ a. Revising the clause date, revising paragraph (c)(1), redesignating paragraph (c)(2) as paragraph (c)(3), and adding new paragraph (c)(2); and
■ b. In Alternate I, by revising the clause date, revising paragraph (c)(1), redesignating paragraph (c)(2) as paragraph (c)(3), and adding new paragraph (c)(2).

The revisions and additions read as follows: **252.225–7045 Balance of Payments Program—Construction Material Under**  **Trade Agreements.** * * * * * BALANCE OF PAYMENTS PROGRAM—CONSTRUCTION MATERIAL UNDER TRADE AGREEMENTS (OCT 2010) * * * * *

(c) * * * (1) Construction material valued at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation;

(2) Information technology that is a commercial item; or * * * * * ALTERNATE I (OCT 2010) * * * * *

(c) * * * (1) Construction material valued at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation;

(2) Information technology that is a commercial item; or * * * * * [FR Doc. 2010–27304 Filed 10–28–10; 8:45 am]
**BILLING CODE 5001–08–P**

**DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety**  **Administration**

**49 CFR Part 571 [Docket No. NHTSA–2008–0613]** 
**RIN 2127–AK49 Federal Motor Vehicle Safety**  **Standards; Seat Belt Assembly Anchorages, School Bus Passenger**  **Seating and Crash Protection**

**AGENCY :**  National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). **ACTION :**  Final rule; response to petitions for reconsideration.

**SUMMARY :**  In this final rule, we respond to petitions for reconsideration of a final rule published on October 21, 2008, which upgraded NHTSA’s school bus passenger crash protection requirements. This document denies most of the requests in the petitions for reconsideration.

To the extent we grant petitions, we make slight changes to the regulatory text of the October 2008 final rule to clarify the rule. We make clearer the procedure specifying how we will measure the height of school bus passenger torso belts, and we are clarifying that a requirement that seat belts be integral to the passenger seat (a requirement adopted to reduce the