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DOD/DARC RIN: 0750-AG73 Publication ID: Spring 2011 
Title: Safety of Facilities, Infrastructure, and Equipment for Military Operations (DFARS Case 2009-D029) 
Abstract: This rule implemented section 807 of the National Defense Authorization Act of 2010 requires that facilities, infrastructure, and equipment intended for use by DoD military or civilian personnel in current or future military operations should be inspected for safety and habitability prior to use. It also required 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. The rule encouraged contracting officers to include this rule in solicitations issued before the date of publication, provided award occurs after the publication date. Contracting Officers are also encouraged to apply this rule to the maximum extent practicable to existing contracts. The rule affected 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 re-locatable buildings. 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. Based on the above factors, the number of small business firms to which the rule would apply is expected to be minimal. 
Agency: Department of Defense(DOD)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 48 CFR 246    48 CFR 252   
Legal Authority: PL 111-84   
Legal Deadline:
Action Source Description Date
NPRM  Statutory  section 807 of the National Defense Authorization Act for Fiscal Year 2010 became effective 60 days after enactment, October 28, 2009.   12/28/2010 

Overall Description of Deadline: This rule implemented section 807 of the National Defense Authorization Act (NDAA) of FY 2010 which was signed on October 28, 2009. Section 807 became effective 60 days after enactment. Urgent and compelling circumstances exist to promulgate this interim rule without prior opportunity for public comments. Implementing language was published as quickly as possible to minimize the safety and health risk posed to DoD military or civilian personnel during military operations.

Timetable:
Action Date FR Cite
Interim Final Rule  10/29/2010  75 FR 66683   
Interim Final Rule Effective  10/29/2010    
Interim Final Rule Comment Period End  12/28/2010    
Final Action  03/17/2011  76 FR 14590   
Final Action Effective  03/17/2011    
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: Yes 
Agency Contact:
Ynette R. Shelkin
Editor, Defense Acquisition Regulations System
Department of Defense
Defense Acquisition Regulations Council
OUSD/AT&L DPAP/DARS, 3060 Defense Pentagon, Room 3B855,
Washington, DC 20301-3060
Phone:571 372-6089
Email: ynette.shelkin@osd.mil