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 

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