[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]
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DEPARTMENT OF DEFENSE
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
2019-D025)
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 remove a clause that is no
longer necessary.
DATES: Effective September 13, 2019.
FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571-372-
6093.
SUPPLEMENTARY INFORMATION:
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:
0
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.
PART 247--TRANSPORTATION
247.305-70 [Removed]
0
2. Remove section 247.305-70.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.247-7021 [Removed and Reserved]
0
3. Remove and reserve section 252.247-7021.
[FR Doc. 2019-19564 Filed 9-12-19; 8:45 am]
BILLING CODE 5001-06-P