Defense Federal Acquisition Regulation Supplement; Safety of Facilities, Infrastructure, and Equipment for Military Operations (DFARS Case 2009-D029), 14590-14591 [2011-6232]
Download as PDF
<![CDATA[
14590
Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Rules and Regulations
III. Executive Order 13563
In accordance with Executive Order
13563, Improving Regulation and
Regulatory Review, dated January 18,
2011, DoD has determined that this rule
is not excessively burdensome to the
public, and is consistent with section
222 of the National Defense
Authorization Act for Fiscal Year 2011.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.225–7018
[Removed and reserved]
3. Section 252.225–7018 is removed
and reserved.
■
[FR Doc. 2011–6234 Filed 3–16–11; 8:45 am]
BILLING CODE 5001–08–P
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule because a final
regulatory flexibility analysis is only
required for final rules that were
previously published for public
comment, and for which an initial
regulatory flexibility analysis was
prepared (5 U.S.C. 604).
This final rule does not constitute a
significant FAR revision as defined at
FAR 1.501–1 because this rule will not
have a significant cost or administrative
impact on contractors or offerors, or a
significant effect beyond the internal
operating procedures of the
Government. Therefore, publication for
public comment under 41 U.S.C. 1707 is
not required.
Defense Acquisition Regulations
System
48 CFR Parts 246 and 252
RIN 0750–AG73
Defense Federal Acquisition
Regulation Supplement; Safety of
Facilities, Infrastructure, and
Equipment for Military Operations
(DFARS Case 2009–D029)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
DoD is adopting as final,
without change, an interim rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement section 807 of
the National Defense Authorization Act
for Fiscal Year 2010. Section 807
requires that facilities, infrastructure,
and equipment that are intended for use
by military or civilian personnel of the
Department of Defense (DoD), in current
or future military operations, should be
inspected for safety and habitability
prior to use, and that such facilities
should be brought into compliance with
generally accepted standards for the
safety and health of personnel to the
maximum extent practicable consistent
with the requirements of military
operations and the best interests of DoD
to minimize the safety and health risk
posed to such personnel.
DATES: Effective date: March 17, 2011.
FOR FURTHER INFORMATION CONTACT: Ms.
Clare Zebrowski, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), 3060 Defense Pentagon,
Room 3B855, Washington, DC 20301–
3060. Telephone 703–602–0289;
facsimile 703–602–0350. Please cite
DFARS Case 2009–D029.
SUPPLEMENTARY INFORMATION:
PART 225—FOREIGN ACQUISITION
I. Background
225.7016 through 225.7016–4
DoD published an interim rule at 75
FR 66683 on October 29, 2010, to
implement section 807 of the National
Defense Authorization Act for Fiscal
V. Paperwork Reduction Act
This rule modifies an existing
information collection by removing the
requirement for an offeror to represent
whether it is or is not a United States
firm by completing the clause at DFARS
252.225–7018. Deletion of this
requirement reduces the total approved
hours for the collection under OMB
Control Number 0704–0229, ‘‘Defense
Federal Acquisition Regulation
Supplement Part 225, Foreign
Acquisition, and Related Clauses’’ from
57,140 to 57,135. A change request has
been submitted to OMB.
List of Subjects in 48 CFR Parts 225 and
252
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 225 and 252
are amended as follows:
1. The authority citation for 48 CFR
parts 225 and 252 continues to read as
follows:
■
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
DEPARTMENT OF DEFENSE
[Removed]
2. Sections 225.7016 through
225.7016–4 are removed.
■
VerDate Mar<15>2010
11:10 Mar 16, 2011
Jkt 223001
SUMMARY:
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
Year 2010 (Pub. L. 111–84), which was
signed on October 28, 2009. Section 807
requires that—
• Each contract, including task or
delivery orders, entered into for the
construction, installation, repair,
maintenance, or operation of facilities,
infrastructure, and equipment for use by
DoD military or civilian personnel
should be inspected for safety and
habitability prior to use to minimize the
safety and health risk posed to such
personnel;
• The term ‘‘generally accepted
standards’’ shall be defined with respect
to fire protection, structural integrity,
electrical systems, plumbing, water
treatment, waste disposal, and
telecommunications networks for the
purposes of this section; and
• Exceptions and limitations shall be
provided as may be needed to ensure
that this section can be implemented in
a manner that is consistent with the
requirements of military operations and
the best interests of the Department of
Defense.
There were no comments submitted
on the interim rule.
II. Executive Order 12866
This rule 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. Executive Order 13563
In accordance with Executive Order
13563, Improving Regulation and
Regulatory Review, dated January 18,
2011, DoD has determined that this rule
is not excessively burdensome to the
public. It is consistent with DoD’s
requirement to ensure the safety and
health of its military and civilian
personnel to the maximum extent
practicable.
IV. Regulatory Flexibility Act
DoD has prepared a final regulatory
flexibility analysis consistent with 5
U.S.C. 604. A copy of the analysis may
be obtained from the point of contact
specified herein. The analysis is
summarized as follows:
The rule affects contractors with
contracts, including task and delivery
orders, in support of current and future
military operations for construction,
installation, repair, maintenance, or
operation of facilities. This includes
contracts for facilities, infrastructure,
and equipment configured for
occupancy, including but not limited to,
existing host nation facilities, new
construction, and relocatable buildings.
E:\FR\FM\17MRR1.SGM
17MRR1
Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Rules and Regulations
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Contracts will require compliance
with the Unified Facilities Criteria
(UFC) 1–200–01 to meet generally
accepted standards for fire protection,
structural integrity, electrical systems,
plumbing, water treatment, waste
disposal, and telecommunications
networks. Facilities, infrastructure, and
equipment shall be inspected prior to
use to ensure safety and habitability.
Military operations affected by this
rule are those outside the United States,
Guam, Puerto Rico, and the Virgin
Islands.
Contract support for recent military
operations has been provided primarily
by the Department of Army’s LOGCAP
contracts, which were awarded to large
businesses. There are high costs
associated with a company being able to
perform in the geographic regions where
VerDate Mar<15>2010
11:10 Mar 16, 2011
Jkt 223001
most military operations are currently
taking place. This makes it unlikely that
a small business could afford to sustain
the infrastructure required to perform
these types of services in locations such
as Iraq and Afghanistan. Small business
preferential programs under FAR part
19 may not apply to these contracts as
they only apply to contracts placed in
the United States or its outlying areas.
DoD invited comments when the
interim rule was published on October
29, 2010 (75 FR 66683). No comments
were received. Based on the above
factors, the number of small business
firms to which the rule would apply is
expected to be minimal.
V. Paperwork Reduction Act
The rule does not impose additional
information collection requirements that
require the approval of the Office of
PO 00000
Frm 00017
Fmt 4700
Sfmt 9990
14591
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Parts 246 and
252
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations
System.
Interim Rule Adopted as Final Without
Change
Accordingly, the interim rule
amending 48 CFR parts 246 and 252,
which was published at 75 FR 66683 on
October 29, 2010, is adopted as a final
rule without change.
[FR Doc. 2011–6232 Filed 3–16–11; 8:45 am]
BILLING CODE 5001–08–P
E:\FR\FM\17MRR1.SGM
17MRR1
]]>Agencies
[Federal Register Volume 76, Number 52 (Thursday, March 17, 2011)]
[Rules and Regulations]
[Pages 14590-14591]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6232]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 246 and 252
RIN 0750-AG73
Defense Federal Acquisition Regulation Supplement; Safety of
Facilities, Infrastructure, and Equipment for Military Operations
(DFARS Case 2009-D029)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is adopting as final, without change, an interim rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to implement section 807 of the National Defense Authorization Act for
Fiscal Year 2010. Section 807 requires that facilities, infrastructure,
and equipment that are intended for use by military or civilian
personnel of the Department of Defense (DoD), in current or future
military operations, should be inspected for safety and habitability
prior to use, and that such facilities should be brought into
compliance with generally accepted standards for the safety and health
of personnel to the maximum extent practicable consistent with the
requirements of military operations and the best interests of DoD to
minimize the safety and health risk posed to such personnel.
DATES: Effective date: March 17, 2011.
FOR FURTHER INFORMATION CONTACT: Ms. Clare Zebrowski, Defense
Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), 3060 Defense
Pentagon, Room 3B855, Washington, DC 20301-3060. Telephone 703-602-
0289; facsimile 703-602-0350. Please cite DFARS Case 2009-D029.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published an interim rule at 75 FR 66683 on October 29, 2010,
to implement section 807 of the National Defense Authorization Act for
Fiscal Year 2010 (Pub. L. 111-84), which was signed on October 28,
2009. Section 807 requires that--
Each contract, including task or delivery orders, entered
into for the construction, installation, repair, maintenance, or
operation of facilities, infrastructure, and equipment for use by DoD
military or civilian personnel should be inspected for safety and
habitability prior to use to minimize the safety and health risk posed
to such personnel;
The term ``generally accepted standards'' shall be defined
with respect to fire protection, structural integrity, electrical
systems, plumbing, water treatment, waste disposal, and
telecommunications networks for the purposes of this section; and
Exceptions and limitations shall be provided as may be
needed to ensure that this section can be implemented in a manner that
is consistent with the requirements of military operations and the best
interests of the Department of Defense.
There were no comments submitted on the interim rule.
II. Executive Order 12866
This rule 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. Executive Order 13563
In accordance with Executive Order 13563, Improving Regulation and
Regulatory Review, dated January 18, 2011, DoD has determined that this
rule is not excessively burdensome to the public. It is consistent with
DoD's requirement to ensure the safety and health of its military and
civilian personnel to the maximum extent practicable.
IV. Regulatory Flexibility Act
DoD has prepared a final regulatory flexibility analysis consistent
with 5 U.S.C. 604. A copy of the analysis may be obtained from the
point of contact specified herein. The analysis is summarized as
follows:
The rule affects contractors with contracts, including task and
delivery orders, in support of current and future military operations
for construction, installation, repair, maintenance, or operation of
facilities. This includes contracts for facilities, infrastructure, and
equipment configured for occupancy, including but not limited to,
existing host nation facilities, new construction, and relocatable
buildings.
[[Page 14591]]
Contracts will require compliance with the Unified Facilities
Criteria (UFC) 1-200-01 to meet generally accepted standards for fire
protection, structural integrity, electrical systems, plumbing, water
treatment, waste disposal, and telecommunications networks. Facilities,
infrastructure, and equipment shall be inspected prior to use to ensure
safety and habitability.
Military operations affected by this rule are those outside the
United States, Guam, Puerto Rico, and the Virgin Islands.
Contract support for recent military operations has been provided
primarily by the Department of Army's LOGCAP contracts, which were
awarded to large businesses. There are high costs associated with a
company being able to perform in the geographic regions where most
military operations are currently taking place. This makes it unlikely
that a small business could afford to sustain the infrastructure
required to perform these types of services in locations such as Iraq
and Afghanistan. Small business preferential programs under FAR part 19
may not apply to these contracts as they only apply to contracts placed
in the United States or its outlying areas. DoD invited comments when
the interim rule was published on October 29, 2010 (75 FR 66683). No
comments were received. Based on the above factors, the number of small
business firms to which the rule would apply is expected to be minimal.
V. Paperwork Reduction Act
The rule does not impose additional 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 Parts 246 and 252
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
Interim Rule Adopted as Final Without Change
Accordingly, the interim rule amending 48 CFR parts 246 and 252,
which was published at 75 FR 66683 on October 29, 2010, is adopted as a
final rule without change.
[FR Doc. 2011-6232 Filed 3-16-11; 8:45 am]
BILLING CODE 5001-08-P
