Federal Acquisition Regulation; Encouraging Contractor Policies To Ban Text Messaging While Driving, 60264-60266 [2010-24156]
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60264
Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations
requirements be submitted to the SBA
District Office for the geographical area
where the work is to be performed.
However, the SBA regulation requires
the offering letters for sole source
requirements offered on behalf of a
specific participant be submitted to the
SBA district office servicing that
concern.
This is not a significant regulatory
action and, therefore, was not 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.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule. This final rule
does not constitute a significant FAR
revision within the meaning of FAR
1.501–3(a) and 41 U.S.C. 418b, and
publication for public comments is not
required.
The Councils will consider comments
from small entities concerning the
existing regulations in the part 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 (FAC 2005–46, FAR Case
2009–020) in all correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the changes to the
FAR do not impose information
collection requirements that require the
approval of the Office of Management
and Budget under 44 U.S.C. chapter 35,
et seq.
List of Subjects in 48 CFR Part 19
Government procurement.
Dated: September 21, 2010.
Edward Loeb,
Director, Acquisition Policy Division.
Therefore, DoD, GSA, and NASA
amend 48 CFR part 19 as set forth
below:
■
PART 19—SMALL BUSINESS
PROGRAMS
1. The authority citation for 48 CFR
part 19 continues to read as follows:
■
erowe on DSK5CLS3C1PROD with RULES3
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
2. Amend section 19.804–2 by—
a. Revising paragraph (b)(1); and
b. Redesignating paragraph (b)(2) as
paragraph (b)(3); and adding a new
paragraph (b)(2).
■ The revised and added text reads as
follows:
■
■
■
19.804–2
*
*
Agency offering.
*
VerDate Mar<15>2010
*
*
15:32 Sep 28, 2010
Jkt 220001
(b)(1) An agency offering a
construction requirement for which no
specific offeror is nominated should
submit it to the SBA District Office for
the geographical area where the work is
to be performed.
(2) An agency offering a construction
requirement on behalf of a specific
offeror should submit it to the SBA
District Office servicing that concern.
*
*
*
*
*
[FR Doc. 2010–24163 Filed 9–28–10; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 23 and 52
[FAC 2005–46; FAR Case 2009–028; Item
VI; Docket 2010–0097, Sequence 1]
RIN 9000–AL64
Federal Acquisition Regulation;
Encouraging Contractor Policies To
Ban Text Messaging While Driving
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Interim rule with request for
comments.
AGENCIES:
The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council (the
Councils) are issuing an interim rule
amending the Federal Acquisition
Regulation (FAR) to implement
Executive Order 13513, issued on
October 1, 2009, entitled ‘‘Federal
Leadership on Reducing Text Messaging
while Driving.’’ This Executive Order
was issued to demonstrate Federal
leadership in improving safety on the
nation’s roads and highways, and to
enhance the efficiency of Federal
contracting. The purpose of this policy
is to prevent the unsafe practice of text
messaging by Federal contractors while
driving in connection with Government
business. This policy further promotes
economy and efficiency in Federal
procurement, and seeks to prohibit the
disruption of Government business and
Federal procurement, as a result of
unsafe text messaging practices.
DATES: Effective Date: September 29,
2010.
Applicability Date: The rule applies to
solicitations issued and contracts
awarded on or after September 29, 2010.
SUMMARY:
PO 00000
Frm 00018
Fmt 4701
Sfmt 4700
However, contracting officers are
encouraged to modify existing contracts,
in accordance with FAR 1.108(d)(3), to
include the FAR clause.
Comment Date: Interested parties
should submit written comments to the
Regulatory Secretariat on or before
November 29, 2010 to be considered in
the formulation of a final rule.
ADDRESSES: Submit comments
identified by FAC 2005–46, FAR Case
2009–028, by any of the following
methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
inputting ‘‘FAR Case 2009–028’’ under
the heading ‘‘Enter Keyword or ID’’ and
selecting ‘‘Search.’’ Select the link
‘‘Submit a Comment’’ that corresponds
with ‘‘FAR Case 2009–028.’’ Follow the
instructions provided at the ‘‘Submit a
Comment’’ screen. Please include your
name, company name (if any), and ‘‘FAR
Case 2009–028’’ on your attached
document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), 1800 F Street, NW., Room
4041, Attn: Hada Flowers, Washington,
DC 20405.
Instructions: Please submit comments
only and cite FAC 2005–46, FAR Case
2009–028, in all correspondence related
to this case. All comments received will
be posted without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Mr.
William Clark, Procurement Analyst, at
(202) 219–1813. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at (202) 501–4755. Please
cite FAC 2005–46, FAR Case 2009–028.
SUPPLEMENTARY INFORMATION:
A. Background
This interim rule revises the Federal
Acquisition Regulation to implement
Executive Order 13513, issued on
October 1, 2009 (74 FR 51225, October
6, 2009), entitled ‘‘Federal Leadership
on Reducing Text Messaging while
Driving.’’
Text messaging while driving causes
drivers to take their eyes off the road
and at least one hand off the steering
wheel, endangering both themselves
and others. In order to implement the
Executive order, this interim rule
creates a new subpart in FAR part 23
and an associated clause to encourage
Federal contractors and subcontractors
to adopt and enforce policies that ban
text messaging while driving—
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29SER3
Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations
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• Company-owned or -rented vehicles
or Government-owned vehicles; or
• Privately-owned vehicles when on
official Government business or when
performing any work for or on behalf of
the Government.
It also encourages Federal contractors,
in connection with a Government
contract, to conduct initiatives,
commensurate with the size of the
business, such as—
• Establishment of new rules and
programs or re-evaluation of existing
programs to prohibit text messaging
while driving; and
• Education, awareness, and other
outreach programs to inform employees
about the safety risks associated with
texting while driving.
The clause does not flow down to
subcontracts below the micro-purchase
level, because the FAR applies only a
very few clauses to acquisitions below
the micro-purchase threshold.
According to FAR 13.201(d), micropurchases do not require provisions or
clauses except as provided in FAR
4.1104 (Central Contractor Registration)
and FAR 32.1110 (Electronic Funds
Transfer). Therefore, it is reasonable not
to require flow down below the micropurchase level. However, Federal
Contractors are encouraged to comply
with this requirement to prevent the
unsafe practice of text messaging while
driving in connection with Government
business. This requirement applies to all
solicitations and contracts. This
requirement also applies to grants and
cooperative agreements. Separate
guidance may be issued by the Office of
Federal Financial Management
regarding grants and cooperative
agreements.
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.
B. Regulatory Flexibility Act
The Councils do not expect this
interim rule to 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 is not mandatory for contractors,
including small businesses. Therefore,
an Initial Regulatory Flexibility
Analysis has not been performed. The
Councils invite comments from small
business concerns and other interested
parties on the expected impact of this
rule on small entities.
The Councils will also consider
comments from small entities
concerning the existing regulations in
VerDate Mar<15>2010
15:32 Sep 28, 2010
Jkt 220001
parts 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 (FAC
2005–46, FAR Case 2009–028) in all
correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the changes to the
FAR do not impose information
collection requirements that require the
approval of the Office of Management
and Budget under 44 U.S.C. chapter 35,
et seq.
D. Determination To Issue an Interim
Rule
A determination has been made under
the authority of the Secretary of Defense
(DoD), the Administrator of General
Services (GSA), and the Administrator
of the National Aeronautics and Space
Administration (NASA) that urgent and
compelling reasons exist to promulgate
this interim rule without prior
opportunity for public comment. This
action is necessary because this rule
implements Executive Order 13513,
‘‘Federal Leadership on Reducing Text
Messaging While Driving,’’ which had a
required date for agency
implementation of 90 days from the date
of the order (October 1, 2009). An
interim rule is necessary to improve
safety on our roads and highways and
to enhance the efficiency of Federal
contracting. Specifically, this order
requires agencies to encourage Federal
contractors and subcontractors to adopt
and enforce policies banning text
messaging while driving companyowned or -rented vehicles or
Government-owned vehicles, or while
driving personally-owned vehicles
when on official Government business
or when performing any work for or on
behalf of the Government. The Councils
believe an interim rule in the FAR will
provide the Contracting Officer the
relevant regulatory guidance needed
when addressing requirements outlined
in the Executive Order. However,
pursuant to 41 U.S.C. 418b and FAR
1.501–3(b), the Councils 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 23 and
52
Government procurement.
Dated: September 21, 2010.
Edward Loeb,
Director, Acquisition Policy Division.
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 23 and 52 as set
forth below:
■
PO 00000
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Fmt 4701
Sfmt 4700
60265
1. The authority citation for 48 CFR
parts 23 and 52 continues to read as
follows:
■
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
PART 23—ENVIRONMENT, ENERGY
AND WATER EFFICIENCY,
RENEWABLE ENERGY
TECHNOLOGIES, OCCUPATIONAL
SAFETY, AND DRUG-FREE
WORKPLACE
2. Amend section 23.000 by revising
the introductory text; removing from
paragraph (e) the period and adding ‘‘;
and’’ in its place; and adding paragraph
(f) to read as follows:
■
23.000
Scope.
This part prescribes acquisition
policies and procedures supporting the
Government’s program for ensuring a
drug-free workplace, for protecting and
improving the quality of the
environment, and encouraging the safe
operation of vehicles by—
*
*
*
*
*
(f) Encouraging contractors to adopt
and enforce policies that ban text
messaging while driving.
■ 3. Add Subpart 23.11 to read as
follows:
Subpart 23.11—Encouraging
Contractor Policies to ban text
messaging while driving
Sec.
23.1101
23.1102
23.1103
23.1104
23.1105
Purpose.
Applicability.
Definitions.
Policy.
Contract clause.
Subpart 23.11—Encouraging
Contractor Policies to Ban Text
Messaging While Driving
23.1101
Purpose.
This subpart implements the
requirements of the Executive Order
(E.O.) 13513, dated October 1, 2009 (74
FR 51225, October 6, 2009), Federal
Leadership on Reducing Text Messaging
while Driving.
23.1102
Applicability.
This subpart applies to all
solicitations and contracts.
23.1103
Definitions.
As used in this subpart—
Driving—(1) Means operating a motor
vehicle on an active roadway with the
motor running, including while
temporarily stationary because of traffic,
a traffic light, stop sign, or otherwise.
(2) Does not include operating a motor
vehicle with or without the motor
running when one has pulled over to
E:\FR\FM\29SER3.SGM
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Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations
the side of, or off, an active roadway and
has halted in a location where one can
safely remain stationary.
Text messaging means reading from
or entering data into any handheld or
other electronic device, including for
the purpose of short message service
texting, e-mailing, instant messaging,
obtaining navigational information, or
engaging in any other form of electronic
data retrieval or electronic data
communication. The term does not
include glancing at or listening to a
navigational device that is secured in a
commercially designed holder affixed to
the vehicle, provided that the
destination and route are programmed
into the device either before driving or
while stopped in a location off the
roadway where it is safe and legal to
park.
23.1104
Policy.
Agencies shall encourage contractors
and subcontractors to adopt and enforce
policies that ban text messaging while
driving—
(a) Company-owned or –rented
vehicles or Government-owned
vehicles; or
(b) Privately-owned vehicles when on
official Government business or when
performing any work for or on behalf of
the Government.
23.1105
Contract clause.
The contracting officer shall insert the
clause at 52.223–18, Contractor Policy
to Ban Text Messaging While Driving, in
all solicitations and contracts.
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
4. Amend section 52.212–5 by
revising the date of clause; redesignating
paragraphs (b)(31) thru (b)(43) as
paragraphs (b)(32) thru (b)(44); and
adding a new paragraph (b)(31) to read
as follows:
■
52.212–5 Contract Terms and Conditions
Required to Implement Statutes or
Executive Orders—Commercial Items.
*
*
*
*
*
CONTRACT TERMS AND
CONDITIONS REQUIRED TO
IMPLEMENT STATUTES OR
EXECUTIVE ORDERS—COMMERCIAL
ITEMS (Sep 2010)
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*
*
*
*
*
(b) * * *
lllll (31) 52.223–18, Contractor
Policy to Ban Text Messaging while Driving
(SEP 2010) (E.O. 13513).
52.223–18 Contractor Policy to Ban Text
Messaging While Driving.
DEPARTMENT OF DEFENSE
As prescribed in 23.1105, insert the
following clause:
GENERAL SERVICES
ADMINISTRATION
CONTRACTOR POLICY TO BAN TEXT
MESSAGING WHILE DRIVING (SEP
2010)
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
(a) Definitions. As used in this clause—
Driving—(1) Means operating a motor
vehicle on an active roadway with the motor
running, including while temporarily
stationary because of traffic, a traffic light,
stop sign, or otherwise.
(2) Does not include operating a motor
vehicle with or without the motor running
when one has pulled over to the side of, or
off, an active roadway and has halted in a
location where one can safely remain
stationary.
Text messaging means reading from or
entering data into any handheld or other
electronic device, including for the purpose
of short message service texting, e-mailing,
instant messaging, obtaining navigational
information, or engaging in any other form of
electronic data retrieval or electronic data
communication. The term does not include
glancing at or listening to a navigational
device that is secured in a commercially
designed holder affixed to the vehicle,
provided that the destination and route are
programmed into the device either before
driving or while stopped in a location off the
roadway where it is safe and legal to park.
(b) This clause implements Executive
Order 13513, Federal Leadership on
Reducing Text Messaging while Driving,
dated October 1, 2009.
(c) The Contractor should—
(1) Adopt and enforce policies that ban text
messaging while driving—
(i) Company-owned or –rented vehicles or
Government-owned vehicles; or
(ii) Privately-owned vehicles when on
official Government business or when
performing any work for or on behalf of the
Government.
(2) Conduct initiatives in a manner
commensurate with the size of the business,
such as—
(i) Establishment of new rules and
programs or re-evaluation of existing
programs to prohibit text messaging while
driving; and
(ii) Education, awareness, and other
outreach to employees about the safety risks
associated with texting while driving.
(d) Subcontracts. The Contractor shall
insert the substance of this clause, including
this paragraph (d), in all subcontracts that
exceed the micro-purchase threshold.
(End of clause)
[FR Doc. 2010–24156 Filed 9–28–10; 8:45 am]
BILLING CODE 6820–EP–P
*
*
*
*
*
■ 5. Add section 52.223–18 to read as
follows:
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15:32 Sep 28, 2010
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Fmt 4701
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48 CFR Parts 25 and 52
[FAC 2005–46; FAR Case 2009–039; Item
VII; Docket 2010–0104, Sequence 1]
RIN 9000–AL62
Federal Acquisition Regulation; Buy
American Exemption for Commercial
Information Technology—Construction
Material
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Interim rule with request for
comments.
AGENCIES:
The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council
(Councils) are issuing an interim rule
amending the Federal Acquisition
Regulation (FAR) to implement section
615 of Division C, Title VI, of the
Consolidated Appropriations Act, 2010
(Pub. L. 111–117). Section 615
authorizes exemption from the Buy
American Act for acquisition of
information technology that is a
commercial item.
DATES: Effective Date: September 29,
2010.
Comment Date: Interested parties
should submit written comments to the
Regulatory Secretariat on or before
November 29, 2010 to be considered in
the formulation of a final rule.
ADDRESSES: Submit comments
identified by FAC 2005–46, FAR Case
2009–039, by any of the following
methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
inputting ‘‘FAR Case 2009–039’’ under
the heading ‘‘Enter Keyword or ID’’ and
selecting ‘‘Search.’’ Select the link
‘‘Submit a Comment’’ that corresponds
with ‘‘FAR Case 2009–039.’’ Follow the
instructions provided at the ‘‘Submit a
Comment’’ screen. Please include your
name, company name (if any), and ‘‘FAR
Case 2009–039’’ on your attached
document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), 1800 F Street, NW., Room
4041, ATTN: Hada Flowers,
Washington, DC 20405.
SUMMARY:
E:\FR\FM\29SER3.SGM
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]]>Agencies
[Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)]
[Rules and Regulations]
[Pages 60264-60266]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24156]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 23 and 52
[FAC 2005-46; FAR Case 2009-028; Item VI; Docket 2010-0097, Sequence 1]
RIN 9000-AL64
Federal Acquisition Regulation; Encouraging Contractor Policies
To Ban Text Messaging While Driving
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (the Councils) are issuing an interim
rule amending the Federal Acquisition Regulation (FAR) to implement
Executive Order 13513, issued on October 1, 2009, entitled ``Federal
Leadership on Reducing Text Messaging while Driving.'' This Executive
Order was issued to demonstrate Federal leadership in improving safety
on the nation's roads and highways, and to enhance the efficiency of
Federal contracting. The purpose of this policy is to prevent the
unsafe practice of text messaging by Federal contractors while driving
in connection with Government business. This policy further promotes
economy and efficiency in Federal procurement, and seeks to prohibit
the disruption of Government business and Federal procurement, as a
result of unsafe text messaging practices.
DATES: Effective Date: September 29, 2010.
Applicability Date: The rule applies to solicitations issued and
contracts awarded on or after September 29, 2010. However, contracting
officers are encouraged to modify existing contracts, in accordance
with FAR 1.108(d)(3), to include the FAR clause.
Comment Date: Interested parties should submit written comments to
the Regulatory Secretariat on or before November 29, 2010 to be
considered in the formulation of a final rule.
ADDRESSES: Submit comments identified by FAC 2005-46, FAR Case 2009-
028, by any of the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by inputting ``FAR Case
2009-028'' under the heading ``Enter Keyword or ID'' and selecting
``Search.'' Select the link ``Submit a Comment'' that corresponds with
``FAR Case 2009-028.'' Follow the instructions provided at the ``Submit
a Comment'' screen. Please include your name, company name (if any),
and ``FAR Case 2009-028'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (MVCB), 1800 F Street, NW., Room 4041, Attn: Hada Flowers,
Washington, DC 20405.
Instructions: Please submit comments only and cite FAC 2005-46, FAR
Case 2009-028, in all correspondence related to this case. All comments
received will be posted without change to https://www.regulations.gov,
including any personal and/or business confidential information
provided.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. William Clark, Procurement Analyst, at (202) 219-1813. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-46, FAR
Case 2009-028.
SUPPLEMENTARY INFORMATION:
A. Background
This interim rule revises the Federal Acquisition Regulation to
implement Executive Order 13513, issued on October 1, 2009 (74 FR
51225, October 6, 2009), entitled ``Federal Leadership on Reducing Text
Messaging while Driving.''
Text messaging while driving causes drivers to take their eyes off
the road and at least one hand off the steering wheel, endangering both
themselves and others. In order to implement the Executive order, this
interim rule creates a new subpart in FAR part 23 and an associated
clause to encourage Federal contractors and subcontractors to adopt and
enforce policies that ban text messaging while driving--
[[Page 60265]]
Company-owned or -rented vehicles or Government-owned
vehicles; or
Privately-owned vehicles when on official Government
business or when performing any work for or on behalf of the
Government.
It also encourages Federal contractors, in connection with a
Government contract, to conduct initiatives, commensurate with the size
of the business, such as--
Establishment of new rules and programs or re-evaluation
of existing programs to prohibit text messaging while driving; and
Education, awareness, and other outreach programs to
inform employees about the safety risks associated with texting while
driving.
The clause does not flow down to subcontracts below the micro-
purchase level, because the FAR applies only a very few clauses to
acquisitions below the micro-purchase threshold. According to FAR
13.201(d), micro-purchases do not require provisions or clauses except
as provided in FAR 4.1104 (Central Contractor Registration) and FAR
32.1110 (Electronic Funds Transfer). Therefore, it is reasonable not to
require flow down below the micro-purchase level. However, Federal
Contractors are encouraged to comply with this requirement to prevent
the unsafe practice of text messaging while driving in connection with
Government business. This requirement applies to all solicitations and
contracts. This requirement also applies to grants and cooperative
agreements. Separate guidance may be issued by the Office of Federal
Financial Management regarding grants and cooperative agreements.
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.
B. Regulatory Flexibility Act
The Councils do not expect this interim rule to 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 is not mandatory for contractors, including small
businesses. Therefore, an Initial Regulatory Flexibility Analysis has
not been performed. The Councils invite comments from small business
concerns and other interested parties on the expected impact of this
rule on small entities.
The Councils will also consider comments from small entities
concerning the existing regulations in parts 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 (FAC 2005-46, FAR Case
2009-028) in all correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C.
chapter 35, et seq.
D. Determination To Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense (DoD), the Administrator of General Services (GSA), and the
Administrator of the National Aeronautics and Space Administration
(NASA) that urgent and compelling reasons exist to promulgate this
interim rule without prior opportunity for public comment. This action
is necessary because this rule implements Executive Order 13513,
``Federal Leadership on Reducing Text Messaging While Driving,'' which
had a required date for agency implementation of 90 days from the date
of the order (October 1, 2009). An interim rule is necessary to improve
safety on our roads and highways and to enhance the efficiency of
Federal contracting. Specifically, this order requires agencies to
encourage Federal contractors and subcontractors to adopt and enforce
policies banning text messaging while driving company-owned or -rented
vehicles or Government-owned vehicles, or while driving personally-
owned vehicles when on official Government business or when performing
any work for or on behalf of the Government. The Councils believe an
interim rule in the FAR will provide the Contracting Officer the
relevant regulatory guidance needed when addressing requirements
outlined in the Executive Order. However, pursuant to 41 U.S.C. 418b
and FAR 1.501-3(b), the Councils 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 23 and 52
Government procurement.
Dated: September 21, 2010.
Edward Loeb,
Director, Acquisition Policy Division.
0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 23 and 52 as set forth
below:
0
1. The authority citation for 48 CFR parts 23 and 52 continues to read
as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 23--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY
TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
0
2. Amend section 23.000 by revising the introductory text; removing
from paragraph (e) the period and adding ``; and'' in its place; and
adding paragraph (f) to read as follows:
23.000 Scope.
This part prescribes acquisition policies and procedures supporting
the Government's program for ensuring a drug-free workplace, for
protecting and improving the quality of the environment, and
encouraging the safe operation of vehicles by--
* * * * *
(f) Encouraging contractors to adopt and enforce policies that ban
text messaging while driving.
0
3. Add Subpart 23.11 to read as follows:
Subpart 23.11--Encouraging Contractor Policies to ban text
messaging while driving
Sec.
23.1101 Purpose.
23.1102 Applicability.
23.1103 Definitions.
23.1104 Policy.
23.1105 Contract clause.
Subpart 23.11--Encouraging Contractor Policies to Ban Text
Messaging While Driving
23.1101 Purpose.
This subpart implements the requirements of the Executive Order
(E.O.) 13513, dated October 1, 2009 (74 FR 51225, October 6, 2009),
Federal Leadership on Reducing Text Messaging while Driving.
23.1102 Applicability.
This subpart applies to all solicitations and contracts.
23.1103 Definitions.
As used in this subpart--
Driving--(1) Means operating a motor vehicle on an active roadway
with the motor running, including while temporarily stationary because
of traffic, a traffic light, stop sign, or otherwise.
(2) Does not include operating a motor vehicle with or without the
motor running when one has pulled over to
[[Page 60266]]
the side of, or off, an active roadway and has halted in a location
where one can safely remain stationary.
Text messaging means reading from or entering data into any
handheld or other electronic device, including for the purpose of short
message service texting, e-mailing, instant messaging, obtaining
navigational information, or engaging in any other form of electronic
data retrieval or electronic data communication. The term does not
include glancing at or listening to a navigational device that is
secured in a commercially designed holder affixed to the vehicle,
provided that the destination and route are programmed into the device
either before driving or while stopped in a location off the roadway
where it is safe and legal to park.
23.1104 Policy.
Agencies shall encourage contractors and subcontractors to adopt
and enforce policies that ban text messaging while driving--
(a) Company-owned or -rented vehicles or Government-owned vehicles;
or
(b) Privately-owned vehicles when on official Government business
or when performing any work for or on behalf of the Government.
23.1105 Contract clause.
The contracting officer shall insert the clause at 52.223-18,
Contractor Policy to Ban Text Messaging While Driving, in all
solicitations and contracts.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
4. Amend section 52.212-5 by revising the date of clause; redesignating
paragraphs (b)(31) thru (b)(43) as paragraphs (b)(32) thru (b)(44); and
adding a new paragraph (b)(31) to read as follows:
52.212-5 Contract Terms and Conditions Required to Implement Statutes
or Executive Orders--Commercial Items.
* * * * *
CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (Sep 2010)
* * * * *
(b) * * *
---------- (31) 52.223-18, Contractor Policy to Ban Text
Messaging while Driving (SEP 2010) (E.O. 13513).
* * * * *
0
5. Add section 52.223-18 to read as follows:
52.223-18 Contractor Policy to Ban Text Messaging While Driving.
As prescribed in 23.1105, insert the following clause:
CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (SEP 2010)
(a) Definitions. As used in this clause--
Driving--(1) Means operating a motor vehicle on an active
roadway with the motor running, including while temporarily
stationary because of traffic, a traffic light, stop sign, or
otherwise.
(2) Does not include operating a motor vehicle with or without
the motor running when one has pulled over to the side of, or off,
an active roadway and has halted in a location where one can safely
remain stationary.
Text messaging means reading from or entering data into any
handheld or other electronic device, including for the purpose of
short message service texting, e-mailing, instant messaging,
obtaining navigational information, or engaging in any other form of
electronic data retrieval or electronic data communication. The term
does not include glancing at or listening to a navigational device
that is secured in a commercially designed holder affixed to the
vehicle, provided that the destination and route are programmed into
the device either before driving or while stopped in a location off
the roadway where it is safe and legal to park.
(b) This clause implements Executive Order 13513, Federal
Leadership on Reducing Text Messaging while Driving, dated October
1, 2009.
(c) The Contractor should--
(1) Adopt and enforce policies that ban text messaging while
driving--
(i) Company-owned or -rented vehicles or Government-owned
vehicles; or
(ii) Privately-owned vehicles when on official Government
business or when performing any work for or on behalf of the
Government.
(2) Conduct initiatives in a manner commensurate with the size
of the business, such as--
(i) Establishment of new rules and programs or re-evaluation of
existing programs to prohibit text messaging while driving; and
(ii) Education, awareness, and other outreach to employees about
the safety risks associated with texting while driving.
(d) Subcontracts. The Contractor shall insert the substance of
this clause, including this paragraph (d), in all subcontracts that
exceed the micro-purchase threshold.
(End of clause)
[FR Doc. 2010-24156 Filed 9-28-10; 8:45 am]
BILLING CODE 6820-EP-P
