[Federal Register Volume 61, Number 76 (Thursday, April 18, 1996)]
[Rules and Regulations]
[Pages 16879-16880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9449]



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DEPARTMENT OF DEFENSE

48 CFR Part 207

[DFARS Case 96-D302]


Defense Federal Acquisition Regulation Supplement; Leasing of 
Commercial Vehicles and Equipment

AGENCY: Department of Defense (DoD).

ACTION: Interim rule.

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SUMMARY: The Department of Defense is amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to permit the use of leasing 
in the acquisition of commercial vehicles and equipment.

DATES: Effective date: April 18, 1996.
    Comment date: Comments on the interim rule should be submitted in 
writing to the address shown below on or before June 17, 1996, to be 
considered in the formulation of the final rule.

ADDRESSES: Interested parties should submit written comments to: 
Defense Acquisition Regulations Council, Attn: Mr. Michael Mutty, 
PDUSD(A&T)DP(DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 
20301-3062. Telefax number (703) 602-0350. Please cite DFARS Case 96-
D302 in all correspondence related to this issue.

FOR FURTHER INFORMATION CONTACT:
Michael Mutty, (703) 602-0131.

SUPPLEMENTARY INFORMATION:

A. Background

    This interim rule implements Section 807 of the National Defense 
Authorization Act for Fiscal Year 1996 (Pub. L. 104-106). Section 807 
amends 10 U.S.C. 2401a to permit the use of leasing in the acquisition 
of commercial vehicles and equipment when it is determined that leasing 
of such vehicles is practicable and efficient.

B. Regulatory Flexibility Act

    The interim rule is not expected to have a significant economic 
impact on a substantial number of small entities within the meaning of 
the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., because the rule 
primarily pertains to internal Government considerations regarding the 
leasing of commercial vehicles and equipment. However, comments from 
small entities concerning the affected DFARS subpart will be considered 
in accordance with 5 U.S.C. 610. Such comments should be submitted 
separately and cite DFARS 96-D302 in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this interim 
rule does not impose any new recordkeeping, information collection 
requirements, or collections of information from offerors, contractors, 
or members of the public which require the approval of OMB under 44 
U.S.C. 3501, et seq.

D. Determination To Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense to issue this rule as an interim rule. Compelling reasons 
exist to promulgate this rule without prior opportunity for public 
comment. This rule implements Section 807 of the National Defense 
Authorization Act for Fiscal Year 1996 (Pub. L. 104-106), which was 
effective upon enactment on February 10, 1996. However, comments 
received in response to the publication of this rule will be considered 
in formulating the final rule.

List of Subjects in 48 CFR Part 207

    Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.

    Therefore, 48 CFR Part 207 is amended as follows:
    1. The authority citation for 48 CFR Part 207 continues to read as 
follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 207--ACQUISITION PLANNING

    2. Section 207.470 is revised to read as follow:


Sec. 207.470  Statutory requirements.

    (a) Limitation on contracts with terms of 18 months or more. As 
required by 10 U.S.C. 2401a, the contracting officer shall not enter 
into any contract for any vessel, aircraft, or vehicle, through a 
lease, charter, or similar agreement with a term of 18 months or more, 
or extend or renew any such contract for a term of 18 months or more, 
unless the head of the contracting activity has--
    (1) Considered all costs of such a contract (including estimated 
termination liability); and
    (2) Determined in writing that the contract is in the best interest 
of the Government.
    (b) Leasing of commercial vehicles and equipment. Except as 
provided in

[[Page 16880]]

paragraph (a) of this section, the contracting officer may use leasing 
in the acquisition of commercial vehicles and equipment whenever the 
contracting officer determines that leasing of such vehicles is 
practicable and efficient (10 U.S.C. 2401a).

[FR Doc. 96-9449 Filed 4-17-96; 8:45 am]
BILLING CODE 5000-04-M