[Federal Register Volume 67, Number 207 (Friday, October 25, 2002)]
[Proposed Rules]
[Pages 65528-65529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27106]



48 CFR Part 252

[DFARS Case 2002-D019]

Defense Federal Acquisition Regulation Supplement; Transportation 
of Supplies by Sea--Commercial Items

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule with request for comments.


SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to add an alternate version of a clause, 
pertaining to transportation of supplies by sea, to the list of clauses 
included in contracts for commercial items to implement statutes or 
Executive orders. The alternate version of the clause applies to 
contracts at or below the simplified acquisition threshold.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before December 24, 2002, to be 
considered in the formation of the final rule.

ADDRESSES: Respondents may submit comments directly on the World Wide 
Web at http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. As an 
alternative, respondents may e-mail comments to: dfars@acq.osd.mil. 
Please cite DFARS Case 2002-D019 in the subject line of e-mailed 
    Respondents that cannot submit comments using either of the above 
methods may submit comments to: Defense Acquisition Regulations 
Council, Attn: Ms. Amy Williams, OUSD (AT&L) DP (DAR), IMD 3C132, 3062 
Defense Pentagon, Washington, DC 20301-3062; facsimile (703) 602-0350. 
Please cite DFARS Case 2002-D019.
    At the end of the comment period, interested parties may view 
public comments on the World Wide Web at http://emissary.acq.osd.mil/dar/dfars.nsf.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, (703) 602-0328.


A. Background

    This proposed rule corrects an oversight in the final rule 
published at 67 FR 38020 on May 31, 2002, under DFARS Case 2000-D014, 
Ocean Transportation by U.S.-Flag Vessels. That rule added requirements 
for contractors to use U.S.-flag vessels when transporting supplies by 
sea under contracts at or below the simplified acquisition threshold, 
in accordance with 10 U.S.C. 2631. The rule provided

[[Page 65529]]

an Alternate III for use with the clause at DFARS 252.247-7023, 
Transportation of Supplies by Sea, in contracts at or below the 
simplified acquisition threshold, to minimize the information required 
from contractors under these contracts. This proposed rule adds 
Alternate III of 252.247-7023 to the list of clauses at 252.212-7001, 
Contract Terms and Conditions Required to Implement Statutes or 
Executive Orders Applicable to Defense Acquisitions of Commercial 
Items, as it was inadvertently omitted from the previous DFARS rule.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD does not expect this rule 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 most 
entities providing ocean transportation of freight are not small 
businesses, and the rule minimizes the information required from 
contractors under contracts valued at or below the simplified 
acquisition threshold. Therefore, DoD has not performed an initial 
regulatory flexibility analysis. DoD invites comments from small 
businesses and other interested parties. DoD also will consider 
comments from small entities concerning the affected DFARS subpart in 
accordance with 5 U.S.C. 610. Such comments should be submitted 
separately and should cite DFARS Case 2002-D019.

C. Paperwork Reduction Act

    The information collection requirements in this rule are covered by 
Office of Management Budget Clearance Number 0704-0245, and have been 
approved for use through July 31, 2004.

List of Subjects in 48 CFR Part 252

    Government procurement.

Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
    Therefore, DoD proposes to amend 48 CFR part 252 as follows:
    1. The authority citation for 48 CFR part 252 continues to read as 

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


    2. Section 252.212-7001 is amended as follows:
    a. By revising the clause date to read ``(XXX 2002)''; and
    b. In paragraph (b), by revising entry ``252.247-7023'' to read as 

252.212-7001  Contract Terms and Conditions Required to Implement 
Statutes or Executive Orders Applicable to Defense Acquisitions of 
Commercial Items.

* * * * *

    (b) * * *

252.247-7023   Transportation of Supplies by Sea (May 2002) (Alternate 
I) (Mar 2000) (Alternate II) (Mar 2000) (Alternate III) (May 2002) (10 
U.S.C. 2631).

* * * * *

[FR Doc. 02-27106 Filed 10-24-02; 8:45 am]