[Federal Register Volume 73, Number 110 (Friday, June 6, 2008)]
[Proposed Rules]
[Pages 32277-32278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12694]



48 CFR Parts 547 and 552

[GSAR Case 2006-G518; Docket 2008-0007; Sequence 6]
RIN 3090-AI52

General Services Acquisition Regulation; GSAR Case 2006-G518; 
Rewrite of GSAR Part 547, Transportation

AGENCY: Office of the Chief Acquisition Officer, General Services 
Administration (GSA).

ACTION: Proposed rule with request for comments.


SUMMARY: The General Services Administration (GSA) is proposing to 
amend the General Services Acquisition Regulation (GSAR) to revise GSAR 
language that provides requirements for transportation. This rule is a 
result of the General Services Administration Acquisition Manual (GSAM) 
Rewrite initiative undertaken by GSA to revise the GSAM to maintain 
consistency with the FAR, and to implement streamlined and innovative 
acquisition procedures that contractors, offerors and GSA contracting 
personnel can use when entering into and administering contractual 
relationships. The GSAM incorporates the General Services 
Administration Acquisition Regulation (GSAR) as well as internal agency 
acquisition policy. GSA will rewrite each part of the GSAR and GSAM, 
and as each GSAR part is rewritten, will publish it in the Federal 
    This is one of the series of revisions to 48 CFR Chapter 5. It 
covers the rewrite of GSAR Part 547, Transportation.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat on or before August 5, 2008 to be considered in 
the formulation of a final rule.

ADDRESSES: Submit comments identified by GSAR Case 2006-G518 by any of 
the following methods:
     Regulations.gov: http://www.regulations.gov.
    Submit comments via the Federal eRulemaking portal by inputting 
``GSAR Case 2006-G518'' under the heading ``Comment or Submission''. 
Select the link ``Send a Comment or Submission'' that corresponds with 
GSAR Case 2006-G518. Follow the instructions provided to complete the 
``Public Comment and Submission Form''. Please include your name, 
company name (if any), and ``GSAR Case 2006-G518'' on your attached 
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (VPR), 1800 F Street, NW., Room 4041, ATTN: Laurieann 
Duarte, Washington, DC 20405.
    Instructions: Please submit comments only and cite GSAR Case 2006-
G518 in all correspondence related to this case. All comments received 
will be posted without change to http://www.regulations.gov, including 
any personal and/or business confidential information provided.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Jeritta Parnell at (202) 501-4082, or by e-mail at 
[email protected]. For information pertaining to the status or 
publication schedules, contact the Regulatory Secretariat (VPR), Room 
4041, GS Building, Washington, DC 20405, (202) 501-4755. Please cite 
GSAR Case 2006-G518.


A. Background

The GSAR Rewrite Project
    On February 15, 2006, GSA published an Advance Notice of Proposed 
Rulemaking (ANPR) with request for comments because GSA is beginning 
the review and update of the General Services Administration 
Acquisition Regulation (GSAR).
    The GSAR rewrite will--
     Consider comments received from the ANPR, published in the 
Federal Register at 71 FR 7910, February 15, 2006.
     Change ``you'' to ``contracting officer.''
     Maintain consistency with the FAR but eliminate 
     Revise GSAR sections that are out of date, or impose 
inappropriate burdens on the Government or contractors, especially 
small businesses.
     Streamline and simplify by incorporation of all GSA 
acquisition policies, i.e., acquisition letters, alerts, and FAS manual 
    In addition, GSA has recently reorganized into two, rather than 
three services. Therefore, the reorganization of the Federal Supply 
Service (FSS) and the Federal Technology Service (FTS) into the Federal 
Acquisition Service (FAS) will be considered in the rewrite initiative.
The Rewrite of Part 547
    This proposed rule contains the revisions made to Part 547, 
Transportation. The information contained in the five sections; 
547.300, 547.303, 547.304, 547.305, and 547.370 is proposed for 
deletion from Part 547. In addition, clauses 552.247-70, Placarding 
Railcar Shipments, and 552.247-71, Diversion of Shipment Under f.o.b. 
Destination Contracts, are proposed for deletion from 552.547. This 
information is deemed specific to the FAS organization and its special 
order program and stock program. This information is not used in the 
Multiple Award Schedule Program. The coverage and the clauses were 
evaluated and deemed not necessary for inclusion into the GSAR. The FAR 
coverage in 47.103, 47.3, and 52.243-1 (48 CFR Chapter 1) is sufficient 
and does not need to be supplemented by further information in the 
Discussion of Comments
    As a result of the ANPR, GSA received one comment pertaining to 
GSAR Part 547.
    One commenter suggested making the GSAR consistent with the FAR and 
to eliminate inconsistencies and redundancies between the FAR and GSAR. 
The commenter further provided an example of a FAR deviation used under 
a Federal Supply Schedule 70, stating ``that GSA should consider 
whether the various delivery and packaging requirements can be 
simplified and require delivery and packaging that comports with the 
contractor's standard commercial practices.'' GSA partially agrees with 
the commenter and has initiated this rewrite of the GSAM/GSAR to 
correct or clarify such inconsistencies. However, GSA believes that in 
this instance cited by the commenter, that the risk of loss or damage 
to supplies shall remain with the contractor until the Government takes 
possession of the supplies, as

[[Page 32278]]

specified f.o.b. origin or destination, whichever the contract so 
    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The General Services Administration does not expect this proposed 
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 the rule will delete information and 
clauses that are deemed unnecessary. An Initial Regulatory Flexibility 
Analysis has, therefore, not been performed. We invite comments from 
small businesses and other interested parties. GSA will consider 
comments from small entities concerning the affected GSAR Parts 547 and 
552 in accordance with 5 U.S.C. 610. Interested parties must submit 
such comments separately and should cite 5 U.S.C. 601, et seq. (GSAR 
case 2006-G518), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
changes to the GSAM do not impose information collection requirements 
that require the approval of the Office of Management and Budget under 
44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 547 and 552

    Government procurement.

    Dated: June 2, 2008.
Al Matera,
Director, Office of Acquisition Policy, General Services 
    Therefore, GSA proposes to amend 48 CFR parts 547 and 552 as set 
forth below:
    1. The authority citation for 48 CFR parts 547 and 552 is revised 
to read as follows:

    AUTHORITY:  40 U.S.C. 121(c).


    2. Part 547 is removed and reserved.


552.247-70  [Removed]

    3. Section 552.247-70 is removed.

552.247-71  [Removed]

    4. Section 552.247-71 is removed.
[FR Doc. E8-12694 Filed 6-5-08; 8:45 am]