[Federal Register Volume 76, Number 52 (Thursday, March 17, 2011)]
[Rules and Regulations]
[Pages 14590-14591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6232]
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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.
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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]
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