Defense Federal Acquisition Regulation Supplement; Carriage Vessel Overhaul, Repair, and Maintenance (DFARS Case 2007-D001), 49204-49207 [E7-17037]
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49204
Federal Register / Vol. 72, No. 166 / Tuesday, August 28, 2007 / Rules and Regulations
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2) of the CAA.)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: August 10, 2007.
Laura Yoshii,
Acting Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401–7671q.
Subpart F—California
2. Section 52.220 is amended by
redesignating paragraph (c)(347) (as
added on August 1, 2007 at 73 FR
41894), as paragraph (c)(348) and by
revising newly designated paragraph
(c)(348) introductory text to read as
follows:
I
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(348) New and amended rules for the
following APCDs were submitted on
December 29, 2006, by the Governor’s
designee.
*
*
*
*
*
[FR Doc. E7–16699 Filed 8–27–07; 8:45 am]
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BILLING CODE 6560–50–P
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A. Background
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 212, 215, 247, and 252
RIN 0750–AF75
Defense Federal Acquisition
Regulation Supplement; Carriage
Vessel Overhaul, Repair, and
Maintenance (DFARS Case 2007–D001)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Interim rule with request for
comments.
AGENCY:
SUMMARY: DoD has issued an interim
rule amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement Section 1017 of
the National Defense Authorization Act
for Fiscal Year 2007. Section 1017
requires DoD to establish an evaluation
criterion, for use in obtaining carriage of
cargo by vessel, that considers the
extent to which an offeror has had
overhaul, repair, and maintenance work
for covered vessels performed in
shipyards located in the United States
or Guam.
DATES: Effective date: August 28, 2007.
Comment date: Comments on the
interim rule should be submitted in
writing to the address shown below on
or before October 29, 2007, to be
considered in the formation of the final
rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2007–D001,
using any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: dfars@osd.mil. Include
DFARS Case 2007–D001 in the subject
line of the message.
• Fax: (703) 602–7887.
• Mail: Defense Acquisition
Regulations System, Attn: Mr. Mark
Gomersall, OUSD(AT&L)DPAP(DARS),
IMD 3D139, 3062 Defense Pentagon,
Washington, DC 20301–3062.
• Hand Delivery/Courier: Defense
Acquisition Regulations System, Crystal
Square 4, Suite 200A, 241 18th Street,
Arlington, VA 22202–3402.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: Mr.
Mark Gomersall, (703) 602–0302.
SUPPLEMENTARY INFORMATION:
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This interim rule implements Section
1017 of the National Defense
Authorization Act for Fiscal Year 2007
(Pub. L. 109–364). Section 1017 requires
DoD to issue an acquisition policy that
establishes, as a criterion required to be
considered in obtaining carriage of cargo
by vessel for DoD, the extent to which
an offeror of such carriage has had
overhaul, repair, and maintenance work
for covered vessels performed in
shipyards located in the United States
or Guam. Section 1017 defines ‘‘covered
vessel’’ as one that is (1) Owned,
operated, or controlled by the offeror,
and (2) qualified to engage in the
carriage of cargo in the coastwise or
noncontiguous trade under Section 27
of the Merchant Marine Act (46 U.S.C.
883); 46 U.S.C. 12106; and Section 2 of
the Shipping Act (46 U.S.C. App. 802).
Section 1017 also requires DoD to
submit an annual report to the
congressional defense committees
regarding overhaul, repair, and
maintenance performed on covered
vessels of each offeror of carriage to
which the acquisition policy applies.
The interim rule contains a solicitation
provision and corresponding
prescriptive language to address the
statutory requirements. The solicitation
provision includes a definition of
‘‘overhaul, repair, and maintenance
work’’ consistent with the definition in
Commander Military Sealift Command
Instruction 4700.14B; and a definition of
‘‘shipyards’’ consistent with the
definition applicable to NAICS Code
336611, Ship Building and Repairing.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
B. Regulatory Flexibility Act
DoD has prepared an initial regulatory
flexibility analysis consistent with 5
U.S.C. 603. A copy of the analysis may
be obtained from the point of contact
specified herein. The analysis is
summarized as follows:
The objective of the rule is to
maintain a strong national ship repair
industrial base. Therefore, the rule
contains an evaluation preference for
use in DoD solicitations for carriage of
cargo by vessel, to apply to those
entities that use domestic shipyards for
vessel overhaul, repair, and
maintenance. The requirements of the
rule will apply to entities interested in
receiving DoD contracts for carriage of
cargo by vessel. An evaluation
preference will be given to offerors of
carriage who use domestic shipyards for
vessel overhaul, repair, and
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maintenance work. This is expected to
have a positive effect on entities owning
domestic shipyards, by encouraging the
use of those shipyards.
DoD invites comments from small
businesses and other interested parties.
DoD also will consider comments from
small entities concerning the affected
DFARS subparts in accordance with 5
U.S.C. 610. Such comments should be
submitted separately and should cite
DFARS Case 2007–D001.
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C. Paperwork Reduction Act
This interim rule contains a new
information collection requirement. The
Office of Management and Budget
(OMB) has approved the information
collection requirement for use through
February 29, 2008, under OMB Control
Number 0704–0445, in accordance with
the emergency processing procedures of
5 CFR 1320.13. DoD invites comments
on the following aspects of the interim
rule: (a) Whether the collection of
information is necessary for the proper
performance of the functions of DoD,
including whether the information will
have practical utility; (b) the accuracy of
the estimate of the burden of the
information collection; (c) ways to
enhance the quality, utility, and clarity
of the information to be collected; and
(d) ways to minimize the burden of the
information collection on respondents,
including the use of automated
collection techniques or other forms of
information technology. The following
is a summary of the information
collection requirement.
Title: Defense Federal Acquisition
Regulation Supplement (DFARS);
Subpart 247.5, Carriage Vessel
Overhaul, Repair, and Maintenance.
Type of Request: New collection.
Number of Respondents: 15.
Responses Per Respondent: 1.
Annual Responses: 15.
Average Burden Per Response: 1.5
hours.
Annual Burden Hours: 22.5.
Needs and Uses: DoD needs this
information to implement Section 1017
of the National Defense Authorization
Act for Fiscal Year 2007 (Public Law
109–364). Section 1017 requires DoD to
(1) Issue an acquisition policy
establishing an evaluation criterion, for
use in obtaining carriage of cargo by
vessel, that considers the extent to
which an offeror has had overhaul,
repair, and maintenance work for
covered vessels performed in shipyards
located in the United States or Guam;
and (2) submit an annual report to the
congressional defense committees
regarding overhaul, repair, and
maintenance performed on covered
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vessels of each offeror to which the
acquisition policy applies.
Affected Public: Businesses or other
for-profit institutions.
Respondent’s Obligation: Required to
obtain or retain benefits.
Frequency: On occasion.
Written comments and
recommendations on the proposed
information collection should be sent to
Ms. Hillary Fielden at the Office of
Management and Budget, Desk Officer
for DoD, Room 10236, New Executive
Office Building, Washington, DC 20503,
with a copy to the Defense Acquisition
Regulations System, Attn: Mr. Mark
Gomersall, OUSD(AT&L)DPAP(DARS),
IMD 3D139, 3062 Defense Pentagon,
Washington, DC 20301–3062.
Comments can be received from 30 to 60
days after the date of this notice, but
comments to OMB will be most useful
if received by OMB within 30 days after
the date of this notice.
To request more information on this
proposed information collection or to
obtain a copy of the proposal and
associated collection instruments,
please write to the Defense Acquisition
Regulations System, Attn: Mr. Mark
Gomersall, OUSD(AT&L)DPAP(DARS),
IMD 3D139, 3062 Defense Pentagon,
Washington, DC 20301–3062.
D. Determination To Issue an Interim
Rule
A determination has been made under
the authority of the Secretary of Defense
that urgent and compelling reasons exist
to publish an interim rule prior to
affording the public an opportunity to
comment. This interim rule implements
Section 1017 of the National Defense
Authorization Act for Fiscal Year 2007
(Pub. L. 109–364). Section 1017 requires
DoD to issue an acquisition policy that
establishes an evaluation criterion, for
use in obtaining carriage of cargo by
vessel, that considers the extent to
which an offeror of such carriage has
had overhaul, repair, and maintenance
work for covered vessels performed in
shipyards located in the United States
or Guam. In addition, Section 1017
requires DoD to submit an annual report
to the congressional defense committees
regarding overhaul, repair, and
maintenance performed on covered
vessels of each offeror to which the
acquisition policy applies. Comments
received in response to this interim rule
will be considered in the formation of
the final rule.
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49205
List of Subjects in 48 CFR Parts 212,
215, 247, and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 212, 215, 247,
and 252 are amended as follows:
I 1. The authority citation for 48 CFR
parts 212, 215, 247, and 252 continues
to read as follows:
I
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
2. Section 212.301 is amended by
adding paragraph (f)(xiii) to read as
follows:
I
212.301 Solicitation provisions and
contract clauses for the acquisition of
commercial items.
(f) * * *
(xiii) Use the provision at 252.247–
7026, Evaluation Preference for Use of
Domestic Shipyards—Applicable to
Acquisition of Carriage by Vessel for
DoD Cargo in the Coastwise or
Noncontiguous Trade, as prescribed in
247.574(e).
I 3. Section 212.602 is amended by
revising paragraph (b)(iii) to read as
follows:
212.602
Streamlined evaluation of offers.
(b) * * *
(iii) For the direct purchase of ocean
transportation services, also evaluate
offers in accordance with the criteria at
247.573–2(c).
PART 215—CONTRACTING BY
NEGOTIATION
4. Section 215.304 is amended by
adding paragraph (c)(iii) to read as
follows:
I
215.304 Evaluation factors and significant
subfactors.
(c) * * *
(iii) See 247.573–2(c) for additional
evaluation factors required in
solicitations for the direct purchase of
ocean transportation services.
PART 247—TRANSPORTATION
5. Section 247.570 is amended by
revising paragraph (a) to read as follows:
I
247.570
Scope.
*
*
*
*
*
(a) Implements—
(1) The Cargo Preference Act of 1904
(‘‘the 1904 Act’’), 10 U.S.C. 2631, which
applies to the ocean transportation of
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cargo owned by, or destined for use by,
DoD; and
(2) Section 1017 of the National
Defense Authorization Act for Fiscal
Year 2007 (Pub. L. 109–364), which
requires consideration of the extent to
which offerers have had overhaul,
repair, and maintenance work
performed in shipyards located in the
United States or Guam;
*
*
*
*
*
247.571, 247.572–1, 247.572–2, and 247.573
[Redesignated as 247.572, 247.573–1,
247.573–2, and 247.574]
6. Sections 247.571, 247.572–1,
247.572–2, and 247.573 are redesignated
as sections 247.572, 247.573–1,
247.573–2, and 247.574, respectively.
I 7. A new section 247.571 is added to
read as follows:
I
247.571
Definitions.
Covered vessel, overhaul, repair, and
maintenance work, and shipyards, as
used in this subpart, have the meaning
given in the provision at 252.247–7026,
Evaluation Preference for Use of
Domestic Shipyards—Applicable to
Acquisition of Carriage by Vessel for
DoD Cargo in the Coastwise or
Noncontiguous Trade.
I 8. Newly designated section 247.572
is amended by revising paragraphs (a)(1)
through (3) and adding paragraph (d) to
read as follows:
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247.572
Policy.
(a) * * *
(1) Those vessels are not available,
and the procedures at 247.573–1(c)(1) or
247.573–2(d)(1) are followed;
(2) The proposed charges to the
Government are higher than charges to
private persons for the transportation of
like goods, and the procedures at
247.573–1(c)(2) or 247.573–2(d)(2) are
followed; or
(3) The Secretary of the Navy or the
Secretary of the Army determines that
the proposed freight charges are
excessive or unreasonable in accordance
with 247.573–1(c)(3) or 247.573–2(d)(3).
*
*
*
*
*
(d) In accordance with Section 1017
of the National Defense Authorization
Act for Fiscal Year 2007 (Public Law
109–364)—
(1) When obtaining carriage by vessel,
DoD must consider the extent to which
offerors have had overhaul, repair, and
maintenance work for covered vessels
performed in shipyards located in the
United States or Guam; and
(2) DoD must submit an annual report
to the congressional defense
committees, addressing the information
provided by offerors with regard to
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overhaul, repair, and maintenance for
covered vessels performed in the United
States or Guam.
I 9. Section 247.573 is added to read as
follows:
247.573
Procedures.
10. Newly designated section
247.573–2 is amended as follows:
I a. By revising paragraph (c); and
I b. In paragraph (d)(3)(i) introductory
text and paragraph (d)(3)(i)(C), by
removing ‘‘247.572’’ and adding in its
place ‘‘247.573’’.
The revised text reads as follows:
I
Acquisition of Carriage by Vessel for
DoD Cargo in the Coastwise or
Noncontiguous Trade, in solicitations
for carriage of cargo by vessel for DoD.
See 247.573–3 for reporting of the
information received from offerors in
response to the provision.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.247–7022
[Amended]
247.573–2 Direct purchase of ocean
transportation services.
13. Section 252.247–7022 is amended
in the introductory text by removing
‘‘247.573’’ and adding in its place
‘‘247.574’’.
*
252.247–7023
*
*
*
*
(c) All solicitations within the scope
of this subsection must provide—
(1) A preference for U.S.-flag vessels
in accordance with the 1904 Act;
(2) An evaluation factor or subfactor
for offeror participation in the Voluntary
Intermodal Sealift Agreement; and
(3) An evaluation factor or subfactor
considering the extent to which offerors
have had overhaul, repair, and
maintenance work for covered vessels
performed in shipyards located in the
United States or Guam.
*
*
*
*
*
I 11. Section 247.573–3 is added to read
as follows:
247.573–3
Annual reporting requirement.
(a) No later than February 15th of
each year, departments and agencies
shall—
(1) Prepare a report containing all
information received from offerors in
response to the provision at 252.247–
7026 during the previous calendar year;
and
(2) Submit the report to: Directorate of
Acquisition, U.S. Transportation
Command, ATTN: TCAQ, 508 Scott
Drive, Scott AFB, IL 62225–5357.
(b) The Director of Acquisition, U.S.
Transportation Command, will submit a
consolidated report to the congressional
defense committees in accordance with
Section 1017 of Public Law 109–364.
I 12. Newly designated section 247.574
is amended as follows:
I a. By revising the section heading;
I b. In paragraph (d), by removing
‘‘247.571’’ and adding in its place
‘‘247.572’’; and
I c. By adding paragraph (e) to read as
follows:
247.574 Solicitation provisions and
contract clauses.
*
*
*
*
*
(e) Use the provision at 252.247–7026,
Evaluation Preference for Use of
Domestic Shipyards—Applicable to
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I
[Amended]
14. Section 252.247–7023 is amended
in the introductory text, and in the
introductory text of Alternates I, II, and
III, by removing ‘‘247.573’’ and adding
in its place ‘‘247.574’’.
I
252.247–7024
[Amended]
15. Section 252.247–7024 is amended
in the introductory text by removing
‘‘247.573’’ and adding in its place
‘‘247.574’’.
I
252.247–7025
[Amended]
16. Section 252.247–7025 is amended
in the introductory text by removing
‘‘247.573’’ and adding in its place
‘‘247.574’’.
I 17. Section 252.247–7026 is added to
read as follows:
I
252.247–7026 Evaluation Preference for
Use of Domestic Shipyards—Applicable to
Acquisition of Carriage by Vessel for DoD
Cargo in the Coastwise or Noncontiguous
Trade.
As prescribed in 247.574(e), use the
following provision:
Evaluation Preference For Use of
Domestic Shipyards—Applicable To
Acquisition of Carriage by Vessel for
DoD Cargo in the Coastwise or
Noncontiguous Trade (Aug 2007)
(a) Definitions. As used in this
provision—
Covered vessel means a vessel—
(1) Owned, operated, or controlled by
the offeror; and
(2) Qualified to engage in the carriage
of cargo in the coastwise or
noncontiguous trade under Section 27
of the Merchant Marine Act, 1920 (46
U.S.C. App. 883), commonly referred to
as ‘‘Jones Act’’; 46 U.S.C. 12106; and
Section 2 of the Shipping Act, 1916 (46
U.S.C. App. 802).
Overhaul, repair, and maintenance
work means work requiring a pierside
shipyard period greater than or equal to
15 calendar days.
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Shipyards means fixed facilities with
drydocks and fabrication equipment
capable of building a ship, defined as
watercraft typically suitable or intended
for other than personal or recreational
use.
(b) This solicitation includes an
evaluation factor that considers the
extent to which the offeror has had
overhaul, repair, and maintenance work
for covered vessels performed in
shipyards located in the United States
or Guam.
(c) The offeror shall provide the
following information with its offer,
addressing all covered vessels for which
overhaul, repair, and maintenance work
has been performed during the period
covering the current calendar year, up to
the date of proposal submission, and the
preceding four calendar years:
(1) Name of vessel.
(2) Description of qualifying shipyard
work performed.
(3) Name of shipyard that performed
the work.
(4) Inclusive dates of work performed.
(5) Cost of work performed.
(d) Offerors are responsible for
submitting accurate information. The
Contracting Officer—
(1) Will use the information to
evaluate offers in accordance with the
criteria specified in the solicitation; and
(2) Reserves the right to request
supporting documentation if
determined necessary in the proposal
evaluation process.
(e) The Department of Defense will
provide the information submitted in
response to this provision to the
congressional defense committees, as
required by Section 1017 of Public Law
109–364.
(End of provision)
[FR Doc. E7–17037 Filed 8–27–07; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 571
[Docket No. NHTSA–2007–29083]
Federal Motor Vehicle Safety
Standards; Tires
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation.
ACTION: Final rule; technical
amendments; response to petitions for
reconsideration.
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AGENCY:
SUMMARY: In June 2003, NHTSA
published a final rule establishing
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upgraded tire performance requirements
for new tires for use on vehicles with a
gross vehicle weight rating of 10,000
pounds or less. In January 2006, NHTSA
published a final rule; response to
petitions for reconsideration, which
modified certain performance
requirements to better address snow
tires and certain specialty tires. This
document responds to a petition for
reconsideration of the January 2006
rule. After carefully considering the
issues raised, the agency is denying the
petition. We are also making a number
of technical corrections in several tirerelated Federal safety standards.
DATES: The amendments in this rule are
effective September 1, 2007. Voluntary
compliance is permitted before that
date. If you wish to submit a petition for
reconsideration of this rule, your
petition must be received October 12,
2007
Petitions for reconsideration
should refer to the docket number and
be submitted to: Administrator, National
Highway Traffic Safety Administration,
1200 New Jersey Avenue, SE., West
Building, 4th Floor, Washington, DC
20590. Please see the Privacy Act
heading under Regulatory Notices.
FOR FURTHER INFORMATION CONTACT: For
technical and policy issues, contact
George Soodoo, Office of Crash
Avoidance Standards, by telephone at
(202) 366–2720, or by fax at (202) 366–
4329.
For legal issues, contact Rebecca
Schade, Office of the Chief Counsel, by
telephone at (202) 366–2992, or by fax
at (202) 366–3820.
Both persons may be reached by mail
at the following address: National
Highway Traffic Safety Administration,
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., Washington,
DC 20590.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Table of Contents
I. Summary of Final Rule; Technical
Amendments; Response to Petition for
Reconsideration
II. Background
III. Petition for Reconsideration
IV. Discussion and Analysis
V. Technical Corrections to the Regulatory
Text
VI. Effective Date
VII. Rulemaking Notices and Analyses
VIII. Regulatory Text
I. Summary of Final Rule; Technical
Amendments; Response to Petition for
Reconsideration
This final rule makes several
technical corrections and amendments
to the regulatory text of Federal Motor
Vehicle Safety Standard (FMVSS) Nos.
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49207
109, 110, 119, and 139, all of which are
tire-related standards. This final rule
also denies a petition by Advocates for
Highway and Auto Safety (Advocates)
for reconsideration of the January 2006
final rule; response to petitions for
reconsideration, regarding the agency’s
requirements with respect to the
endurance test for snow tires.
II. Background
The Transportation Recall
Enhancement, Accountability, and
Documentation (TREAD) Act, Section
10, ‘‘Endurance and resistance
standards for tires,’’ required NHTSA to
revise and update FMVSS No. 109, New
pneumatic tires, and FMVSS No. 119,
New pneumatic tires for vehicles other
than passenger cars.1 In response to this
mandate, NHTSA published a final rule
on June 26, 2003, establishing FMVSS
No. 139, New pneumatic radial tires for
light vehicles, which will apply to new
tires used on light vehicles; i.e., vehicles
with a gross vehicle weight rating
(GVWR) of 10,000 pounds or less,
except motorcycles and low speed
vehicles.2
The new standard is scheduled to
become effective on September 1, 2007.
It features substantially more stringent
high speed and endurance tests, and a
new low-pressure performance test. The
purpose of the new and more stringent
requirements is to improve the ability of
tires to withstand the effects of tire heat
build-up and severe under-inflation
during highway travel in fully loaded
conditions. Unlike the existing tire
safety standards, which previously
differentiated between light trucks and
passenger cars,3 FMVSS No. 139 applies
to tires used on both.
In a January 2006 final rule; response
to petitions for reconsideration,4 the
agency reduced the test speed for the
tire endurance and low-inflation
pressure performance tests in FMVSS
No. 139, paragraphs S6.3.1.2.3 and
S6.4.1.2.1, from 120 km/h (75 mph) to
110 km/h (68 mph) for all passenger car
snow tires and light truck snow tires
with load ranges of C, D, and E. The
other test parameters—inflation
pressure, duration, load, and ambient
temperature—remained unchanged.
For snow tires, the endurance test is
a 34-hour test conducted at a speed of
110 km/h (68 mph) with a tire inflation
1 Pub. L. 106–414, November 1, 2000, 114 Stat.
1800.
2 68 FR 38115 (June 26, 2003); Docket No.
NHTSA–2003–15400.
3 Historically, FMVSS No. 109 applied to tires for
passenger cars, and FMVSS No. 119 applied to tires
for use on all other vehicles, including light trucks.
4 71 FR 877 (Jan. 6, 2006); Docket No. NHTSA–
2005–23439.
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]]>Agencies
[Federal Register Volume 72, Number 166 (Tuesday, August 28, 2007)]
[Rules and Regulations]
[Pages 49204-49207]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17037]
=======================================================================
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 212, 215, 247, and 252
RIN 0750-AF75
Defense Federal Acquisition Regulation Supplement; Carriage
Vessel Overhaul, Repair, and Maintenance (DFARS Case 2007-D001)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Interim rule with request for comments.
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SUMMARY: DoD has issued an interim rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement Section 1017 of
the National Defense Authorization Act for Fiscal Year 2007. Section
1017 requires DoD to establish an evaluation criterion, for use in
obtaining carriage of cargo by vessel, that considers the extent to
which an offeror has had overhaul, repair, and maintenance work for
covered vessels performed in shipyards located in the United States or
Guam.
DATES: Effective date: August 28, 2007.
Comment date: Comments on the interim rule should be submitted in
writing to the address shown below on or before October 29, 2007, to be
considered in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2007-D001,
using any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: dfars@osd.mil. Include DFARS Case 2007-D001 in the
subject line of the message.
Fax: (703) 602-7887.
Mail: Defense Acquisition Regulations System, Attn: Mr.
Mark Gomersall, OUSD(AT&L)DPAP(DARS), IMD 3D139, 3062 Defense Pentagon,
Washington, DC 20301-3062.
Hand Delivery/Courier: Defense Acquisition Regulations
System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA
22202-3402.
Comments received generally will be posted without change to http:/
/www.regulations.gov, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Mr. Mark Gomersall, (703) 602-0302.
SUPPLEMENTARY INFORMATION:
A. Background
This interim rule implements Section 1017 of the National Defense
Authorization Act for Fiscal Year 2007 (Pub. L. 109-364). Section 1017
requires DoD to issue an acquisition policy that establishes, as a
criterion required to be considered in obtaining carriage of cargo by
vessel for DoD, the extent to which an offeror of such carriage has had
overhaul, repair, and maintenance work for covered vessels performed in
shipyards located in the United States or Guam. Section 1017 defines
``covered vessel'' as one that is (1) Owned, operated, or controlled by
the offeror, and (2) qualified to engage in the carriage of cargo in
the coastwise or noncontiguous trade under Section 27 of the Merchant
Marine Act (46 U.S.C. 883); 46 U.S.C. 12106; and Section 2 of the
Shipping Act (46 U.S.C. App. 802). Section 1017 also requires DoD to
submit an annual report to the congressional defense committees
regarding overhaul, repair, and maintenance performed on covered
vessels of each offeror of carriage to which the acquisition policy
applies. The interim rule contains a solicitation provision and
corresponding prescriptive language to address the statutory
requirements. The solicitation provision includes a definition of
``overhaul, repair, and maintenance work'' consistent with the
definition in Commander Military Sealift Command Instruction 4700.14B;
and a definition of ``shipyards'' consistent with the definition
applicable to NAICS Code 336611, Ship Building and Repairing.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD has prepared an initial regulatory flexibility analysis
consistent with 5 U.S.C. 603. A copy of the analysis may be obtained
from the point of contact specified herein. The analysis is summarized
as follows:
The objective of the rule is to maintain a strong national ship
repair industrial base. Therefore, the rule contains an evaluation
preference for use in DoD solicitations for carriage of cargo by
vessel, to apply to those entities that use domestic shipyards for
vessel overhaul, repair, and maintenance. The requirements of the rule
will apply to entities interested in receiving DoD contracts for
carriage of cargo by vessel. An evaluation preference will be given to
offerors of carriage who use domestic shipyards for vessel overhaul,
repair, and
[[Page 49205]]
maintenance work. This is expected to have a positive effect on
entities owning domestic shipyards, by encouraging the use of those
shipyards.
DoD invites comments from small businesses and other interested
parties. DoD also will consider comments from small entities concerning
the affected DFARS subparts in accordance with 5 U.S.C. 610. Such
comments should be submitted separately and should cite DFARS Case
2007-D001.
C. Paperwork Reduction Act
This interim rule contains a new information collection
requirement. The Office of Management and Budget (OMB) has approved the
information collection requirement for use through February 29, 2008,
under OMB Control Number 0704-0445, in accordance with the emergency
processing procedures of 5 CFR 1320.13. DoD invites comments on the
following aspects of the interim rule: (a) Whether the collection of
information is necessary for the proper performance of the functions of
DoD, including whether the information will have practical utility; (b)
the accuracy of the estimate of the burden of the information
collection; (c) ways to enhance the quality, utility, and clarity of
the information to be collected; and (d) ways to minimize the burden of
the information collection on respondents, including the use of
automated collection techniques or other forms of information
technology. The following is a summary of the information collection
requirement.
Title: Defense Federal Acquisition Regulation Supplement (DFARS);
Subpart 247.5, Carriage Vessel Overhaul, Repair, and Maintenance.
Type of Request: New collection.
Number of Respondents: 15.
Responses Per Respondent: 1.
Annual Responses: 15.
Average Burden Per Response: 1.5 hours.
Annual Burden Hours: 22.5.
Needs and Uses: DoD needs this information to implement Section
1017 of the National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364). Section 1017 requires DoD to (1) Issue an
acquisition policy establishing an evaluation criterion, for use in
obtaining carriage of cargo by vessel, that considers the extent to
which an offeror has had overhaul, repair, and maintenance work for
covered vessels performed in shipyards located in the United States or
Guam; and (2) submit an annual report to the congressional defense
committees regarding overhaul, repair, and maintenance performed on
covered vessels of each offeror to which the acquisition policy
applies.
Affected Public: Businesses or other for-profit institutions.
Respondent's Obligation: Required to obtain or retain benefits.
Frequency: On occasion.
Written comments and recommendations on the proposed information
collection should be sent to Ms. Hillary Fielden at the Office of
Management and Budget, Desk Officer for DoD, Room 10236, New Executive
Office Building, Washington, DC 20503, with a copy to the Defense
Acquisition Regulations System, Attn: Mr. Mark Gomersall,
OUSD(AT&L)DPAP(DARS), IMD 3D139, 3062 Defense Pentagon, Washington, DC
20301-3062. Comments can be received from 30 to 60 days after the date
of this notice, but comments to OMB will be most useful if received by
OMB within 30 days after the date of this notice.
To request more information on this proposed information collection
or to obtain a copy of the proposal and associated collection
instruments, please write to the Defense Acquisition Regulations
System, Attn: Mr. Mark Gomersall, OUSD(AT&L)DPAP(DARS), IMD 3D139, 3062
Defense Pentagon, Washington, DC 20301-3062.
D. Determination To Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense that urgent and compelling reasons exist to publish an
interim rule prior to affording the public an opportunity to comment.
This interim rule implements Section 1017 of the National Defense
Authorization Act for Fiscal Year 2007 (Pub. L. 109-364). Section 1017
requires DoD to issue an acquisition policy that establishes an
evaluation criterion, for use in obtaining carriage of cargo by vessel,
that considers the extent to which an offeror of such carriage has had
overhaul, repair, and maintenance work for covered vessels performed in
shipyards located in the United States or Guam. In addition, Section
1017 requires DoD to submit an annual report to the congressional
defense committees regarding overhaul, repair, and maintenance
performed on covered vessels of each offeror to which the acquisition
policy applies. Comments received in response to this interim rule will
be considered in the formation of the final rule.
List of Subjects in 48 CFR Parts 212, 215, 247, and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
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Therefore, 48 CFR parts 212, 215, 247, and 252 are amended as follows:
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1. The authority citation for 48 CFR parts 212, 215, 247, and 252
continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
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2. Section 212.301 is amended by adding paragraph (f)(xiii) to read as
follows:
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
(f) * * *
(xiii) Use the provision at 252.247-7026, Evaluation Preference for
Use of Domestic Shipyards--Applicable to Acquisition of Carriage by
Vessel for DoD Cargo in the Coastwise or Noncontiguous Trade, as
prescribed in 247.574(e).
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3. Section 212.602 is amended by revising paragraph (b)(iii) to read as
follows:
212.602 Streamlined evaluation of offers.
(b) * * *
(iii) For the direct purchase of ocean transportation services,
also evaluate offers in accordance with the criteria at 247.573-2(c).
PART 215--CONTRACTING BY NEGOTIATION
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4. Section 215.304 is amended by adding paragraph (c)(iii) to read as
follows:
215.304 Evaluation factors and significant subfactors.
(c) * * *
(iii) See 247.573-2(c) for additional evaluation factors required
in solicitations for the direct purchase of ocean transportation
services.
PART 247--TRANSPORTATION
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5. Section 247.570 is amended by revising paragraph (a) to read as
follows:
247.570 Scope.
* * * * *
(a) Implements--
(1) The Cargo Preference Act of 1904 (``the 1904 Act''), 10 U.S.C.
2631, which applies to the ocean transportation of
[[Page 49206]]
cargo owned by, or destined for use by, DoD; and
(2) Section 1017 of the National Defense Authorization Act for
Fiscal Year 2007 (Pub. L. 109-364), which requires consideration of the
extent to which offerers have had overhaul, repair, and maintenance
work performed in shipyards located in the United States or Guam;
* * * * *
247.571, 247.572-1, 247.572-2, and 247.573 [Redesignated as 247.572,
247.573-1, 247.573-2, and 247.574]
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6. Sections 247.571, 247.572-1, 247.572-2, and 247.573 are redesignated
as sections 247.572, 247.573-1, 247.573-2, and 247.574, respectively.
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7. A new section 247.571 is added to read as follows:
247.571 Definitions.
Covered vessel, overhaul, repair, and maintenance work, and
shipyards, as used in this subpart, have the meaning given in the
provision at 252.247-7026, Evaluation Preference for Use of Domestic
Shipyards--Applicable to Acquisition of Carriage by Vessel for DoD
Cargo in the Coastwise or Noncontiguous Trade.
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8. Newly designated section 247.572 is amended by revising paragraphs
(a)(1) through (3) and adding paragraph (d) to read as follows:
247.572 Policy.
(a) * * *
(1) Those vessels are not available, and the procedures at 247.573-
1(c)(1) or 247.573-2(d)(1) are followed;
(2) The proposed charges to the Government are higher than charges
to private persons for the transportation of like goods, and the
procedures at 247.573-1(c)(2) or 247.573-2(d)(2) are followed; or
(3) The Secretary of the Navy or the Secretary of the Army
determines that the proposed freight charges are excessive or
unreasonable in accordance with 247.573-1(c)(3) or 247.573-2(d)(3).
* * * * *
(d) In accordance with Section 1017 of the National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364)--
(1) When obtaining carriage by vessel, DoD must consider the extent
to which offerors have had overhaul, repair, and maintenance work for
covered vessels performed in shipyards located in the United States or
Guam; and
(2) DoD must submit an annual report to the congressional defense
committees, addressing the information provided by offerors with regard
to overhaul, repair, and maintenance for covered vessels performed in
the United States or Guam.
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9. Section 247.573 is added to read as follows:
247.573 Procedures.
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10. Newly designated section 247.573-2 is amended as follows:
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a. By revising paragraph (c); and
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b. In paragraph (d)(3)(i) introductory text and paragraph (d)(3)(i)(C),
by removing ``247.572'' and adding in its place ``247.573''.
The revised text reads as follows:
247.573-2 Direct purchase of ocean transportation services.
* * * * *
(c) All solicitations within the scope of this subsection must
provide--
(1) A preference for U.S.-flag vessels in accordance with the 1904
Act;
(2) An evaluation factor or subfactor for offeror participation in
the Voluntary Intermodal Sealift Agreement; and
(3) An evaluation factor or subfactor considering the extent to
which offerors have had overhaul, repair, and maintenance work for
covered vessels performed in shipyards located in the United States or
Guam.
* * * * *
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11. Section 247.573-3 is added to read as follows:
247.573-3 Annual reporting requirement.
(a) No later than February 15th of each year, departments and
agencies shall--
(1) Prepare a report containing all information received from
offerors in response to the provision at 252.247-7026 during the
previous calendar year; and
(2) Submit the report to: Directorate of Acquisition, U.S.
Transportation Command, ATTN: TCAQ, 508 Scott Drive, Scott AFB, IL
62225-5357.
(b) The Director of Acquisition, U.S. Transportation Command, will
submit a consolidated report to the congressional defense committees in
accordance with Section 1017 of Public Law 109-364.
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12. Newly designated section 247.574 is amended as follows:
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a. By revising the section heading;
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b. In paragraph (d), by removing ``247.571'' and adding in its place
``247.572''; and
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c. By adding paragraph (e) to read as follows:
247.574 Solicitation provisions and contract clauses.
* * * * *
(e) Use the provision at 252.247-7026, Evaluation Preference for
Use of Domestic Shipyards--Applicable to Acquisition of Carriage by
Vessel for DoD Cargo in the Coastwise or Noncontiguous Trade, in
solicitations for carriage of cargo by vessel for DoD. See 247.573-3
for reporting of the information received from offerors in response to
the provision.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.247-7022 [Amended]
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13. Section 252.247-7022 is amended in the introductory text by
removing ``247.573'' and adding in its place ``247.574''.
252.247-7023 [Amended]
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14. Section 252.247-7023 is amended in the introductory text, and in
the introductory text of Alternates I, II, and III, by removing
``247.573'' and adding in its place ``247.574''.
252.247-7024 [Amended]
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15. Section 252.247-7024 is amended in the introductory text by
removing ``247.573'' and adding in its place ``247.574''.
252.247-7025 [Amended]
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16. Section 252.247-7025 is amended in the introductory text by
removing ``247.573'' and adding in its place ``247.574''.
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17. Section 252.247-7026 is added to read as follows:
252.247-7026 Evaluation Preference for Use of Domestic Shipyards--
Applicable to Acquisition of Carriage by Vessel for DoD Cargo in the
Coastwise or Noncontiguous Trade.
As prescribed in 247.574(e), use the following provision:
Evaluation Preference For Use of Domestic Shipyards--Applicable To
Acquisition of Carriage by Vessel for DoD Cargo in the Coastwise or
Noncontiguous Trade (Aug 2007)
(a) Definitions. As used in this provision--
Covered vessel means a vessel--
(1) Owned, operated, or controlled by the offeror; and
(2) Qualified to engage in the carriage of cargo in the coastwise
or noncontiguous trade under Section 27 of the Merchant Marine Act,
1920 (46 U.S.C. App. 883), commonly referred to as ``Jones Act''; 46
U.S.C. 12106; and Section 2 of the Shipping Act, 1916 (46 U.S.C. App.
802).
Overhaul, repair, and maintenance work means work requiring a
pierside shipyard period greater than or equal to 15 calendar days.
[[Page 49207]]
Shipyards means fixed facilities with drydocks and fabrication
equipment capable of building a ship, defined as watercraft typically
suitable or intended for other than personal or recreational use.
(b) This solicitation includes an evaluation factor that considers
the extent to which the offeror has had overhaul, repair, and
maintenance work for covered vessels performed in shipyards located in
the United States or Guam.
(c) The offeror shall provide the following information with its
offer, addressing all covered vessels for which overhaul, repair, and
maintenance work has been performed during the period covering the
current calendar year, up to the date of proposal submission, and the
preceding four calendar years:
(1) Name of vessel.
(2) Description of qualifying shipyard work performed.
(3) Name of shipyard that performed the work.
(4) Inclusive dates of work performed.
(5) Cost of work performed.
(d) Offerors are responsible for submitting accurate information.
The Contracting Officer--
(1) Will use the information to evaluate offers in accordance with
the criteria specified in the solicitation; and
(2) Reserves the right to request supporting documentation if
determined necessary in the proposal evaluation process.
(e) The Department of Defense will provide the information
submitted in response to this provision to the congressional defense
committees, as required by Section 1017 of Public Law 109-364.
(End of provision)
[FR Doc. E7-17037 Filed 8-27-07; 8:45 am]
BILLING CODE 5001-08-P
