[Federal Register Volume 77, Number 126 (Friday, June 29, 2012)]
[Rules and Regulations]
[Pages 39140-39141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15568]



[[Page 39140]]

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 212, 242, 247, and 252

RIN 0750-AH53


Defense Federal Acquisition Regulation Supplement: Shipping 
Instructions (DFARS Case 2011-D052)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to update the form used by 
contractors to request shipping instructions and the associated 
contract clause and clause prescription to cover both commercial and 
Government bills of lading, and to relocate the coverage within the 
DFARS.

DATES: Effective Date: June 29, 2012.

FOR FURTHER INFORMATION CONTACT: Ms. Meredith Murphy, Procurement 
Analyst, telephone 571-372-6098.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD published a proposed rule in the Federal Register at 77 FR 4637 
on January 30, 2012, to relocate information from DFARS subpart 242.14 
to DFARS part 247 to align with changes to the Federal Acquisition 
Regulation and to update DD Form 1659, Application for U.S. Government 
Shipping Documentation/Instructions, to provide for use of both 
commercial and Government bills of lading. No respondents submitted 
public comments in response to the proposed rule.

II. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

III. 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 there are no substantive changes being made by this rule. The 
rule makes only two minor changes in terminology in the DD Form 1659 
and the associated clause at DFARS 252.247-7028 (formerly DFARS 
252.242-7003) in order to clarify that the DD Form 1659 can be used to 
request a bill of lading that inputs these shipments into the Defense 
Transportation System (DTS). The purpose of this form is to obtain 
shipping instructions, a practice that has been in effect for many 
years. Requesting shipping instructions does not impose a hardship on 
any entity. No comments were received from any entities concerning the 
impact of the proposed change on small business.

IV. Paperwork Reduction Act

    This rule affects the certification and information collection 
requirements in the clause at DFARS 252.247-7028 (formerly DFARS 
252.242-7003), Application for U.S. Government Shipping Documentation/
Instructions, and the associated DD form 1659 (same title as the 
clause), currently approved under OMB Control Number 0704-0250, titled 
DFARS Part 242, Contract Administration and Audit Services, in the 
amount of 276,773 hours, in accordance with the Paperwork Reduction Act 
(44 U.S.C. chapter 35). The impact, however, is negligible, because 
only minor changes in terminology are being made. There are no 
substantive changes made either to the form or the associated clause at 
DFARS 252.247-7028 (formerly 252.242-7003). No public comments were 
received on the paperwork impact in response to the proposed rule.

List of Subjects in 48 CFR Parts 212, 242, 247, and 252.

    Government procurement.

Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 212, 242, and 252 are amended as follows:

0
1. The authority citation for 48 CFR parts 212, 242, and 252 continues 
to read as follows:

    Authority:  41 U.S.C. 1303 and 48 CFR chapter 1.

PART 212--ACQUISITION OF COMMERCIAL ITEMS

0
2. Amend section 212.301 by adding paragraph (f)(iv)(P) to read as 
follows:


212.301  Solicitation provisions and contract clauses for the 
acquisition of commercial items.

    (f) * * *
    (iv) * * *
    (P) Use the clause at 252.247-7028, Application for U.S Government 
Shipping Documentation/Instructions, as prescribed in 247.207.
* * * * *

PART 242--CONTRACT ADMINISTRATION AND AUDIT SERVICES

Subpart 242.14--[Removed]

0
3. Remove subpart 242.14.

PART 247--TRANSPORTATION

0
4. The authority citation for 48 CFR part 247 is revised to read as 
follows:

    Authority:  41 U.S.C. 1303 and 48 CFR chapter 1.


0
5. Add subpart 247.1, consisting of section 247.101, to read as 
follows:

Subpart 247.1--General


247.101  Policies.

    (h) Shipping documents covering f.o.b. origin shipments.
    (i) Procedures for the contractor to obtain bills of lading are in 
the clause at 252.247-7028, Application for U.S. Government Shipping 
Documentation/Instructions.
    (ii) The term ``commercial bills of lading'' includes the use of 
any commercial form or procedure.

0
6. Revise section 247.207 to read as follows:


247.207  Solicitation provisions, contract clauses, and special 
requirements.

    (1) Use the clause at 252.247-7003, Pass-Through of Motor Carrier 
Fuel Surcharge Adjustment to the Cost Bearer, in solicitations and 
contracts for carriage in which a motor carrier, broker, or freight 
forwarder will provide or arrange truck transportation services that 
provide for a fuel-related adjustment.
    (2) Use the clause at 252.247-7028, Application for U.S. Government 
Shipping Documentation/Instructions, when shipping under Bills of 
Lading and Domestic Route Order under FOB origin contracts, Export 
Traffic Release regardless of FOB terms, or foreign military sales 
shipments.

[[Page 39141]]

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.242-7003  [Removed and Reserved]

0
7. Remove and reserve section 252.242-7003.

0
8. Add section 252.247-7028 to read as follows:


252.247-7028  Application for U.S. Government Shipping Documentation/
Instructions.

    As prescribed in 247.207, use the following clause:

APPLICATION FOR U.S. GOVERNMENT SHIPPING DOCUMENTATION/INSTRUCTIONS 
(JUN 2012)

    (a) Except as provided in paragraph (b) of this clause, the 
Contractor shall request bills of lading by submitting a DD Form 
1659, Application for U.S. Government Shipping Documentation/
Instructions, to the--
    (1) Transportation Officer, if named in the contract schedule; 
or
    (2) Contract administration office.
    (b) If an automated system is available for shipment requests, 
use service/agency systems (e.g., Navy's Global Freight Management-
Electronic Transportation Acquisition (GFM-ETA) and Financial Air 
Clearance Transportation System (FACTS) Shipment Processing Module, 
Air Force's Cargo Movement Operations System, DCMA's Shipment 
Instruction Request (SIR) E-tool, and DLA's Distribution Standard 
System Vendor Shipment Module in lieu of DD Form 1659.


(End of clause)

[FR Doc. 2012-15568 Filed 6-28-12; 8:45 am]
BILLING CODE 5001-06-P