[Federal Register Volume 81, Number 139 (Wednesday, July 20, 2016)]
[Rules and Regulations]
[Pages 47046-47047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17137]



48 CFR Part 752

RIN 0412-AA82

Agency for International Development Acquisition Regulation 
(AIDAR): Preference for Privately Owned U.S.-Flag Commercial Vessels.

AGENCY: U.S. Agency for International Development.

ACTION: Direct final rule.


SUMMARY: The U.S. Agency for International Development (USAID) is 
revising the Agency for International Development Acquisition 
Regulation (AIDAR) clause to conform to the current requirements of the 
Cargo Preference Act of 1954 and provide up-to-date submission 
instructions to the Maritime Administration (MARAD).

DATES: This rule is effective October 18, 2016 without further action, 
unless adverse comments are received by September 19, 2016. If adverse 
comments are received, USAID will publish a timely withdrawal of this 
rule in the Federal Register. Submit comments on or before September 
19, 2016.

ADDRESSES: Address all comments concerning this notice to Lyudmila 
Bond, Bureau for Management, Office of Acquisition and Assistance, 
Policy Division (M/OAA/P), Room 867J, SA-44, Washington, DC 20523-2052. 
Submit comments, identified by title of the action and Regulation 
Identifier Number (RIN) by any of the following methods:
    1. Through the Federal eRulemaking Portal at http://www.regulations.gov by following the instructions for submitting 
    2. By Email: Submit electronic comments to [email protected]. See 
SUPPLEMENTARY INFORMATION for file formats and other information about 
electronic filing.
    3. By Mail addressed to: USAID, Bureau for Management, Office of 
Acquisition & Assistance, Policy Division, Room 867J, SA-44, 1300 
Pennsylvania Ave. NW., Washington, DC 20523-2052.

FOR FURTHER INFORMATION CONTACT: Lyudmila Bond, Telephone: 202-567-4753 
or Email: [email protected].


A. Instructions

    All comments must be in writing and submitted through one of the 
methods specified in the ADDRESSES section above. All submissions must 
include the title of the action and RIN for this rulemaking. Please 
include your name, title, organization, postal address, telephone 
number, and email address in the text of the message.
    Comments submitted by email must be included in the text of the 
email or attached as a PDF file. Please avoid using special characters 
and any form of encryption. Please note that USAID recommends sending 
all comments to the Federal eRulemaking Portal because security 
screening precautions have slowed the delivery and dependability of 
surface mail to USAID/Washington.
    After receipt of a comment and until finalization of the action, 
all comments will be made available at http://www.regulations.gov for 
public review without change, including any personal information 
provided. We recommend you do not submit information that you consider 
Confidential Business Information (CBI) or any information that is 
otherwise protected from disclosure by statute.
    USAID is publishing this revision as a direct final rule as the 
Agency views this as a conforming and administrative amendment and does 
not anticipate any adverse comments. This rule will be effective on the 
date specified in the DATES section above without further notice unless 
adverse comment(s) are received by the date specified in the DATES 
section above.
    USAID will only address substantive comments on the rule. Comments 
that are insubstantial or outside the scope of the rule may not be 
    If adverse comments are received on the direct final rule, USAID 
will publish a timely withdrawal in the Federal Register informing the 
public that this rule will not take effect. If no adverse comments are 
received, this final rule will become final after the designated 
period. Additionally, USAID is publishing a separate document in the 
``Proposed Rules'' section of this Federal Register that will serve as 
the proposal to approve these AIDAR revisions if adverse comments are 
    USAID will address all public comments in a subsequent final rule 
based on the proposed rule. USAID will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
at this time.

B. Background

    USAID is revising AIDAR section 752.247-70, Preference for 
privately owned U.S.-flag commercial vessels to conform to the current 
requirements of the Cargo Preference Act of 1954. The Act mandates that 
at least 50 percent of the gross tonnage of all Government generated 
cargo be transported on privately owned, U.S.-flag commercial vessels, 
to the extent such vessels are available at fair and reasonable rates. 
Other changes to the clause include up-to-date submission requirements 
to the Maritime Administration (MARAD). The changes will not impose any 
additional requirements on contractors.

C. Impact assessment

(1) Regulatory Planning and Review

    Under E.O. 12866, USAID must determine whether a regulatory action 
is ``significant'' and therefore subject to the requirements of the 
E.O. and subject to review by the Office of Management and Budget 
(OMB). USAID has determined that this Rule is not an ``economically 
significant regulatory action'' under Section 3(f)(1) of E.O. 12866. 
This rule is not a major rule under 5 U.S.C. 804.

(2) Regulatory Flexibility Act

    The rule will not have an impact on a substantial number of small 
entities within the meaning of the Regulatory

[[Page 47047]]

Flexibility Act, 5 U.S.C. 601, et seq. Therefore, an Initial Regulatory 
Flexibility Analysis has not been performed.

(3) Paperwork Reduction Act

    The rule does not establish a new collection of information that 
requires the approval of the Office of Management and Budget under the 
Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Part 752

    Government procurement.

    For the reasons discussed in the preamble, USAID amends 48 CFR part 
752 as set forth below:


1. The authority citation for part 752 continues to read as follows:

    Authority:  Sec. 621, Pub. L. 87-195, 75 Stat. 445, (22 U.S.C. 
2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; and 3 CFR 
1979 Comp., p. 435.

2. Amend 752.247-70:
i. In paragraph (a), by removing the words ``46 U.S.C. 1241(b)'' and 
adding in their place the words ``46 U.S.C. 55305)'' and removing the 
words ``at least 75 percent'' and adding in their place the words ``at 
least 50 percent'';
ii. In paragraph (b), by removing the words ``programs or activities'' 
and adding in their place the word ``program'' and removing the words 
``50 or 75 percent'' and adding in their place the words ``50 
iii. In paragraph (c)(1) introductory text, by removing the words ``the 
Division of National Cargo, Office of Cargo Preference, Maritime 
Administration, U.S. Department of Transportation, Washington, DC 
20590'' and adding in their place the words ``Office of Cargo and 
Commercial Sealift, Maritime Administration (MARAD), U.S. Department of 
Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590''; and
iv. By adding paragraph (c)(1)(iii).
    The addition reads as follows:

752.247-70  Preference for privately owned U.S.-flag commercial 

* * * * *
    (c)(1) * * *
    (iii) For all shipments, scanned copies for MARAD must be sent to: 
Cargo.MA[email protected].
* * * * *

    Dated: July 6, 2016.
Mark Walter,
Acting Chief Acquisition Officer.
[FR Doc. 2016-17137 Filed 7-19-16; 8:45 am]