[Federal Register Volume 84, Number 178 (Friday, September 13, 2019)]
[Rules and Regulations]
[Pages 48506-48507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19564]



Defense Acquisition Regulations System

48 CFR Parts 247 and 252

[Docket DARS-2019-0053]
RIN 0750-AK62

Defense Federal Acquisition Regulation Supplement: Repeal of 
DFARS Clause ``Returnable Containers Other Than Cylinders'' (DFARS Case 

AGENCY: Defense Acquisition Regulations System, Department of Defense 

ACTION: Final rule.


SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to remove a clause that is no 
longer necessary.

DATES: Effective September 13, 2019.

FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571-372-


I. Background

    DFARS clause 252.249-7021, Returnable Containers Other Than 
Cylinders, is included in solicitations and contracts for supplies 
involving contractor-furnished reels, spools, or other returnable 
containers (other than cylinders) when the contractor will retain title 
to the containers. The clause was implemented to standardize the 
processes and procedures included in DoD contracts regarding the use 
and return of shipping containers. The clause identifies the rates and 
fees the Government will pay to use the containers, and the terms and 
conditions on the loss or damage of the containers during use by DoD.
    Upon review, DoD found that this clause is no longer used in 
transportation contracts and very rarely used in other DoD contracts. 
Instead, the processes and procedures addressing the use, return, 
reimbursement, loss, and damage of returnable shipping containers are 
included in a performance work statement, when necessary. As these 
specifications are rarely needed and can be negotiated and incorporated 
into a contract's performance work statement, this DFARS clause is no 
longer necessary and can be removed.
    The removal of this DFARS text supports a recommendation from the 
DoD Regulatory Reform Task Force. On February 24, 2017, the President 
signed Executive Order (E.O.) 13777, ``Enforcing the Regulatory Reform 
Agenda,'' which established a Federal policy ``to alleviate unnecessary 
regulatory burdens'' on the American people. In accordance with E.O. 
13777, DoD established a Regulatory Reform Task Force to review and 
validate DoD regulations, including the DFARS. A public notice of the 
establishment of the DFARS Subgroup to the DoD Regulatory Reform Task 
Force, for the purpose of reviewing DFARS provisions and clauses, was 
published in the Federal Register at 82 FR 35741 on August 1, 2017, and 
requested public input. No public comments were received on this 
clause. The DoD Task Force reviewed the requirements of DFARS clause 
252.247-7021, and determined that the DFARS coverage was unnecessary 
and recommended removal.

II. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold and for Commercial Items, Including Commercially Available 
Off-the-Shelf Items

    This rule only removes obsolete DFARS clause 252.247-7021, 
Returnable Containers Other Than Cylinders. The rule does not impose 
any new requirements on contracts at or below the simplified 
acquisition threshold or for commercial items, including commercially 
available off-the-shelf items.

III. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    The statute that applies to the publication of the Federal 
Acquisition Regulation is Office of Federal Procurement Policy statute 
(codified at title 41 of the United States Code). Specifically, 41 
U.S.C. 1707(a)(1) requires that a procurement policy, regulation, 
procedure or form (including an amendment or modification thereof) must 
be published for public comment if it relates to the expenditure of 
appropriated funds, and has either a significant effect beyond the 
internal operating procedures of the agency issuing the policy, 
regulation, procedure, or form, or has a significant cost or 
administrative impact on contractors or offerors. This final rule is 
not required to be published for public comment, because DoD is not 
issuing a new regulation; rather, this rule is merely removing an 
obsolete clause from the DFARS.

IV. Executive Orders 12866 and 13563

    E.O.s 12866 and E.O. 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.

V. Executive Order 13771

    This rule is not subject to E.O. 13771, because this rule is not a 
significant regulatory action under E.O. 12866.

VI. Regulatory Flexibility Act

    Because a notice of proposed rulemaking and an opportunity for 
public comment are not required to be given for this rule under 41 
U.S.C. 1707(a)(1) (see section III. of this preamble), the analytical 
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
are not applicable. Accordingly, no regulatory flexibility analysis is 
required, and none has been prepared.

VII. Paperwork Reduction Act

    The rule does not contain any information collection requirements 
that require the approval of the Office of Management and Budget under 
the Paperwork Reduction Act (44 U.S.C. chapter 35).

[[Page 48507]]

List of Subjects in 48 CFR Parts 247 and 252

    Government procurement.

Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 247 and 252 are amended as follows:

1. The authority citation for 48 CFR parts 247 and 252 continues to 
read as follows:

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


247.305-70  [Removed]

2. Remove section 247.305-70.


252.247-7021  [Removed and Reserved]

3. Remove and reserve section 252.247-7021.

[FR Doc. 2019-19564 Filed 9-12-19; 8:45 am]