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It's actually not because ND isn't in a conference, it's that they are NOT in BCS conference. A top 6 team from a non-BCS conference gets an automatic bid. Hence the reason #6 Utah was in a BCS game last year and #5 Cal wasn't, which is basically the exact same situation as this year. So this might be a "Notre Dame Rule" but it benefits other teams as well.


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The reason it's called the Notre Dame rule is this provision: (from BCS FAQ)

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At-large teams can earn guaranteed selection in the following ways (in order of preference):

1. Finish first or second in the BCS rankings.
2. Finish in the top six of the BCS standings as an independent team or team from a non-BCS conference. If a team besides Notre Dame qualifies in this manner, then the Irish would also automatically qualify by winning 9 non-exempt games or finishing in the top 10 in the BCS standings.
3. Be the highest rated at-large team remaining and finish either third or fourth in the BCS rankings. Only one team can automatically qualify under this provision.

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In other words, if Notre Dame had 9 wins last year, they would have bumped Texas merely because Utah qualified.