Comment on FR Doc # 2010-24156

Re: FAC 2005-46, FAR Case 2009-028 To Whom It May Concern: The following comments are directed at the Federal Acquisition Regulations: Encouraging Contractor Policies to Ban Text Messaging While Driving. The rule essentially updates the Federal Acquisition Regulation to include President Obama’s Executive Order 13513. Acknowledging and applying rules associated with text messaging while driving serves to promote public safety. The rule is headed in the right direction but specific language could be changed to maximize its efficiency. Section 23.1104 (Policy) reads: “Agencies shall encourage contractors and subcontractors to adopt and enforce policies that ban text messaging while driving.” While it is a promising venture to merely “encourage” contractors, it would be a much stronger stance to make it mandatory that all federal contractors and subcontractors “enforce” these policies in states with text-messaging bans. According to Governors Highway Safety Association (2010) roughly 30 states have already enacted text-messaging bans (www.ghsa.org/html/stateinfo/laws/cellphone_laws.html). The Federal Government could follow suit or pave the way for increased regulation of text messaging. Enforcing measures related to this issue appears to be the national trend. At worst, the enforcement of text-messaging policies could mirror those states that already have text-messaging bans. Encouragement of contractors to ban text messaging could be applied in those states without such policies. Section 52.223-18 (ii) reads: “Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government.” This statement refers to a segment of the population affected by the text-messaging rule. I selected it to parse out the regulations seeming ambiguity. When won’t a contractor claim he or she is on “personal” time? How will government agencies evaluate the effectiveness of their campaign to encourage a ban on text messaging? I doubt there will be a concerted effort on the part of the federal government, individual contractors, and police departments to track the tickets solicited (this doesn’t even consider states without a ban). These considerations are just a few of the many reasons an amendment should be added to the rule specifying that the ban applies to all those Federal contractors and subcontractors currently under contract with the Government. It would reduce the rule’s arbitrary nature and would make for a seamless transition if and when the remaining 20 states adopt similar bans. Sincerely, Austin Grout MSW Candidate 2011 Wayne State University