[Federal Register Volume 68, Number 106 (Tuesday, June 3, 2003)]
[Rules and Regulations]
[Pages 33026-33027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13535]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

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: Final rule.

-----------------------------------------------------------------------

SUMMARY: DoD has issued a final rule amending 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.

EFFECTIVE DATE: June 3, 2003.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition 
Regulations Council, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0328; 
facsimile (703) 602-0350. Please cite DFARS Case 2002-D019.

SUPPLEMENTARY INFORMATION: 

A. Background

    This 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 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 final 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.
    DoD published a proposed rule at 67 FR 65528 on October 25, 2002. 
DoD received no comments on the proposed rule and, therefore, is 
adopting the proposed rule as a final rule without change.
    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 certifies that this final rule will not 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.

C. Paperwork Reduction Act

    The information collection requirements in this rule have been 
approved by the Office of Management and Budget, under Clearance Number 
0704-0245, 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.


0
Therefore, 48 CFR Part 252 is amended as follows:
0
1. The authority citation for 48 CFR Part 252 continues to read as 
follows:

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

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
2. Section 252.212-7001 is amended as follows:
0
a. By revising the clause date to read ``(JUN 2003)''; and
0
b. In paragraph (b), by revising entry ``252.247-7023'' to read as 
follows:

[[Page 33027]]

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. 03-13535 Filed 6-2-03; 8:45 am]
BILLING CODE 5001-08-P