Defense Federal Acquisition Regulation Supplement; Motor Carrier Fuel Surcharge (DFARS Case 2008-D040), 37652-37653 [E9-17951]
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Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 247 and 252
RIN 0750–AG30
Defense Federal Acquisition
Regulation Supplement; Motor Carrier
Fuel Surcharge (DFARS Case 2008–
D040)
sroberts on DSKD5P82C1PROD with RULES
AGENCY: Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Interim rule with request for
comments.
SUMMARY: DoD has issued an interim
rule amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement Section 884 of
the National Defense Authorization Act
for Fiscal Year 2009. Section 884
requires DoD to ensure that fuel-related
adjustments in contracts for carriage are
passed through to the person bearing the
cost of the fuel to which the adjustment
relates.
DATES: Effective date: July 29, 2009.
Comment date: Comments on the
interim rule should be submitted in
writing to the address shown below on
or before September 28, 2009, to be
considered in the formation of the final
rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2008–D040,
using any of the following methods:
Æ Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Æ E-mail: dfars@osd.mil. Include
DFARS Case 2008–D040 in the subject
line of the message.
Æ Fax: 703–602–7887.
Æ Mail: Defense Acquisition
Regulations System, Attn: Mr. Mark
Gomersall, OUSD(AT&L)DPAP(DARS),
IMD 3D139, 3062 Defense Pentagon,
Washington, DC 20301–3062.
Æ 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
A. Background
Section 884 of the National Defense
Authorization Act for Fiscal Year 2009
(Pub. L. 110–417) requires DoD to take
VerDate Nov<24>2008
22:13 Jul 28, 2009
Jkt 217001
appropriate actions to ensure that, to the
maximum extent practicable, in all
carriage contracts that provide for a fuelrelated adjustment, any such adjustment
is passed through to the person who
bears the cost of the fuel to which the
adjustment relates. These actions
include the insertion of a clause, with
appropriate flow-down requirements, in
all contracts with motor carriers,
brokers, or freight forwarders providing
or arranging truck transportation or
services providing for a fuel-related
adjustment. This interim rule adds a
contract clause at DFARS 252.247–7003
to implement the statutory requirement.
The interim rule also adds this new
clause to paragraphs (b) and (c) of
DFARS 252.212–7001, Contract Terms
and Conditions Required to Implement
Statutes or Executive Orders Applicable
to Defense Acquisitions of Commercial
Items. For administrative purposes only,
this addition to 252.212–7001 is shown
with the amendments to 252.212–7001
made by DFARS Case 2008–D003,
published elsewhere in this edition of
the Federal Register.
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
establish a DoD contract clause
addressing the statutory requirement for
fuel-related contract adjustments to be
passed to the entity bearing the cost of
the fuel. The legal basis for the rule is
Section 884 of Public Law 110–417. The
rule will apply to motor carriers,
brokers, and freight forwarders
providing or arranging truck
transportation services under DoD
contracts and subcontracts. The number
of small entities to which the rule will
apply is unknown at this time.
However, DoD anticipates that the rule
will benefit small entities by ensuring
that fuel-related contract adjustments
are passed to the appropriate party.
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 2008–D040.
PO 00000
Frm 00158
Fmt 4700
Sfmt 4700
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply, because the rule does not
impose any information collection
requirements that require the approval
of the Office of Management and Budget
under 44 U.S.C. 3501, et seq.
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 884 of the National Defense
Authorization Act for Fiscal Year 2009
(Pub. L. 110–417). Section 884 requires
DoD to take appropriate actions to
ensure that, to the maximum extent
practicable, any fuel-related adjustment
in a contract for carriage is passed
through to the person who bears the cost
of the fuel to which the adjustment
relates. These actions include the use of
a clause, with appropriate flow-down
requirements, in all contracts with
motor carriers, brokers, or freight
forwarders providing or arranging truck
transportation or services providing for
a fuel-related adjustment. 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 247 and
252
Government procurement.
Michele P. Peterson,
Editor, 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. 421 and 48 CFR
Chapter 1.
PART 247—TRANSPORTATION
2. Section 247.207 is added to read as
follows:
■
247.207 Solicitation provisions, contract
clauses, and special requirements.
Use the clause at 252.247–7003, PassThrough 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. This clause implements
Section 884 of the National Defense
E:\FR\FM\29JYR1.SGM
29JYR1
Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations
Authorization Act for Fiscal Year 2009
(Pub. L. 110–417).
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
3. Section 252.247–7003 is added to
read as follows:
■
252.247–7003 Pass-Through of Motor
Carrier Fuel Surcharge Adjustment to the
Cost Bearer.
As prescribed in 247.207, use the
following clause:
PASS-THROUGH OF MOTOR
CARRIER FUEL SURCHARGE
ADJUSTMENT TO THE COST BEARER
(JUL 2009)
(a) The Contractor shall pass through any
motor carrier fuel-related surcharge
adjustments to the person, corporation, or
entity that directly bears the cost of fuel for
shipment(s) transported under this contract.
(b) The Contractor shall insert the
substance of this clause, including this
paragraph (b), in all subcontracts with motor
carriers, brokers, or freight forwarders.
(End of clause)
[FR Doc. E9–17951 Filed 7–28–09; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 390
Regulatory Guidance on the Definition
of ‘‘Principal Place of Business’’
sroberts on DSKD5P82C1PROD with RULES
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of regulatory guidance.
SUMMARY: The FMCSA announces
regulatory guidance concerning its
definition of ‘‘principal place of
business.’’ The regulatory guidance is
presented in a question-and-answer
format and is generally applicable to
motor carrier operations subject to the
Federal Motor Carrier Safety
Regulations. No prior interpretations or
regulatory guidance concerning the term
‘‘principal place of business,’’ whether
published or unpublished may be relied
upon as authoritative if they are
inconsistent with the guidance
published today. This guidance will
provide the motor carrier industry and
Federal, State and local law
enforcement officials with uniform
information for use in determining
which locations may be designated by a
motor carrier as its principal place of
business.
VerDate Nov<24>2008
22:13 Jul 28, 2009
Jkt 217001
DATES: Effective Date: This regulatory
guidance is effective on August 12,
2009.
FOR FURTHER INFORMATION CONTACT: Mr.
Bill Mahorney, Chief, Enforcement and
Compliance Division, (202) 493–0001.
Federal Motor Carrier Safety
Administration, Department of
Transportation, 1200 New Jersey Ave.,
SE., Washington, DC 20590. Office
hours are from 9 a.m. to 5:30 p.m. EST,
Monday through Friday, except legal
holidays.
SUPPLEMENTARY INFORMATION:
Legal Basis
The Motor Carrier Safety Act of 1984
(Pub. L. 98–554, Title II, 98 Stat. 2832,
October 30, 1984) (the 1984 Act)
provides authority to regulate drivers,
motor carriers, and vehicle equipment.
It requires the Secretary of
Transportation to prescribe regulations
on commercial motor vehicle safety.
The regulations shall prescribe
minimum safety standards for
commercial motor vehicles. At a
minimum, the regulations shall ensure
that—(1) Commercial motor vehicles are
maintained, equipped, loaded, and
operated safely; (2) the responsibilities
imposed on operators of commercial
motor vehicles do not impair their
ability to operate the vehicles safely; (3)
the physical condition of operators of
commercial motor vehicles is adequate
to enable them to operate the vehicles
safely; and (4) the operation of
commercial motor vehicles does not
have a deleterious effect on the physical
condition of the operators. (49 U.S.C.
31136(a)). Section 211 of the 1984 Act
also grants the Secretary broad power,
in carrying out motor carrier safety
statutes and regulations, to ‘‘prescribe
recordkeeping and reporting
requirements’’ and to ‘‘perform other
acts the Secretary considers
appropriate.’’ (49 U.S.C. 31133(a)(8) and
(10)).
The Administrator of FMCSA has
been delegated authority under 49 CFR
1.73(g) to carry out the functions vested
in the Secretary of Transportation by 49
U.S.C. chapter 311, subchapters I and
III, relating to commercial motor vehicle
programs and safety regulation.
This document provides regulatory
guidance to the public with respect to
the definition of ‘‘principal place of
business’’ in 49 CFR 390.5 of the
Federal Motor Carrier Safety
Regulations (FMCSRs).
Members of the motor carrier industry
and other interested parties may also
access the guidance in this document
through the FMCSA’s Internet site at:
https://www.fmcsa.dot.gov.
PO 00000
Frm 00159
Fmt 4700
Sfmt 4700
37653
Specific questions addressing any of
the interpretive material published in
this document should be directed to the
contact person listed above or the
FMCSA Division Office in each State.
Basis for This Guidance
The regulatory guidance in this notice
responds to recurring questions FMCSA
has received concerning the definition
of ‘‘principal place of business’’ in 49
CFR 390.5: What location may a motor
carrier designate as its principal place of
business?
Section 390.5 defines principal place
of business as ‘‘the single location
designated by the motor carrier,
normally its headquarters, for purposes
of identification under this subchapter.
The motor carrier must make records
required by parts 382, 387, 390, 391,
395, 396, and 397 of this subchapter
available for inspection at this location
within 48 hours (Saturdays, Sundays,
and Federal holidays excluded) after a
request has been made by a special
agent or authorized representative of the
Federal Motor Carrier Safety
Administration.’’
The original definition of ‘‘principal
place of business’’ in § 390.5 required
that the motor carrier designate a single
location where records required by Parts
387, 391, 394, 395, and 396 would be
maintained. However, other provisions
of the regulations permitted certain
records to be maintained at other
locations. (53 FR 18054). In 1993, the
definition was revised to remove part
394 from the regulatory text and to add
part 390. (58 FR 33777). In 1995, the
definition was revised again. However,
it still required that the location
designated by the carrier be a location
where records were maintained and
available for inspection. (60 FR 38744).
The current definition of ‘‘principal
place of business’’ was adopted in 1998
in order to allow motor carriers with
multiple terminals and business
locations to maintain records, such as
driver records of duty status or vehicle
maintenance records, at a location
where activity related to the records
took place rather than at a company’s
headquarters. The definition was
revised to accompany a new § 390.29
allowing motor carriers with multiple
terminals or offices to maintain all
records required by Subchapter B at
regional offices, driver work reporting
stations or the principal place of
business. Nonetheless, it was still
anticipated that in most cases the
‘‘principal place of business’’ would
also be the company headquarters. (63
FR 33254).
It has been the position of FMCSA
and its predecessor agencies that a
E:\FR\FM\29JYR1.SGM
29JYR1
]]>Agencies
[Federal Register Volume 74, Number 144 (Wednesday, July 29, 2009)]
[Rules and Regulations]
[Pages 37652-37653]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17951]
[[Page 37652]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 247 and 252
RIN 0750-AG30
Defense Federal Acquisition Regulation Supplement; Motor Carrier
Fuel Surcharge (DFARS Case 2008-D040)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: DoD has issued an interim rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement Section 884 of
the National Defense Authorization Act for Fiscal Year 2009. Section
884 requires DoD to ensure that fuel-related adjustments in contracts
for carriage are passed through to the person bearing the cost of the
fuel to which the adjustment relates.
DATES: Effective date: July 29, 2009.
Comment date: Comments on the interim rule should be submitted in
writing to the address shown below on or before September 28, 2009, to
be considered in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2008-D040,
using any of the following methods:
[cir] Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
[cir] E-mail: dfars@osd.mil. Include DFARS Case 2008-D040 in the
subject line of the message.
[cir] Fax: 703-602-7887.
[cir] Mail: Defense Acquisition Regulations System, Attn: Mr. Mark
Gomersall, OUSD(AT&L)DPAP(DARS), IMD 3D139, 3062 Defense Pentagon,
Washington, DC 20301-3062.
[cir] 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
A. Background
Section 884 of the National Defense Authorization Act for Fiscal
Year 2009 (Pub. L. 110-417) requires DoD to take appropriate actions to
ensure that, to the maximum extent practicable, in all carriage
contracts that provide for a fuel-related adjustment, any such
adjustment is passed through to the person who bears the cost of the
fuel to which the adjustment relates. These actions include the
insertion of a clause, with appropriate flow-down requirements, in all
contracts with motor carriers, brokers, or freight forwarders providing
or arranging truck transportation or services providing for a fuel-
related adjustment. This interim rule adds a contract clause at DFARS
252.247-7003 to implement the statutory requirement. The interim rule
also adds this new clause to paragraphs (b) and (c) of DFARS 252.212-
7001, Contract Terms and Conditions Required to Implement Statutes or
Executive Orders Applicable to Defense Acquisitions of Commercial
Items. For administrative purposes only, this addition to 252.212-7001
is shown with the amendments to 252.212-7001 made by DFARS Case 2008-
D003, published elsewhere in this edition of the Federal Register.
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 establish a DoD contract clause
addressing the statutory requirement for fuel-related contract
adjustments to be passed to the entity bearing the cost of the fuel.
The legal basis for the rule is Section 884 of Public Law 110-417. The
rule will apply to motor carriers, brokers, and freight forwarders
providing or arranging truck transportation services under DoD
contracts and subcontracts. The number of small entities to which the
rule will apply is unknown at this time. However, DoD anticipates that
the rule will benefit small entities by ensuring that fuel-related
contract adjustments are passed to the appropriate party.
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
2008-D040.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply, because the rule does
not impose any information collection requirements that require the
approval of the Office of Management and Budget under 44 U.S.C. 3501,
et seq.
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 884 of the National Defense
Authorization Act for Fiscal Year 2009 (Pub. L. 110-417). Section 884
requires DoD to take appropriate actions to ensure that, to the maximum
extent practicable, any fuel-related adjustment in a contract for
carriage is passed through to the person who bears the cost of the fuel
to which the adjustment relates. These actions include the use of a
clause, with appropriate flow-down requirements, in all contracts with
motor carriers, brokers, or freight forwarders providing or arranging
truck transportation or services providing for a fuel-related
adjustment. 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 247 and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
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. 421 and 48 CFR Chapter 1.
PART 247--TRANSPORTATION
0
2. Section 247.207 is added to read as follows:
247.207 Solicitation provisions, contract clauses, and special
requirements.
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. This clause implements Section 884 of the
National Defense
[[Page 37653]]
Authorization Act for Fiscal Year 2009 (Pub. L. 110-417).
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. Section 252.247-7003 is added to read as follows:
252.247-7003 Pass-Through of Motor Carrier Fuel Surcharge Adjustment
to the Cost Bearer.
As prescribed in 247.207, use the following clause:
PASS-THROUGH OF MOTOR CARRIER FUEL SURCHARGE ADJUSTMENT TO THE COST
BEARER (JUL 2009)
(a) The Contractor shall pass through any motor carrier fuel-
related surcharge adjustments to the person, corporation, or entity
that directly bears the cost of fuel for shipment(s) transported
under this contract.
(b) The Contractor shall insert the substance of this clause,
including this paragraph (b), in all subcontracts with motor
carriers, brokers, or freight forwarders.
(End of clause)
[FR Doc. E9-17951 Filed 7-28-09; 8:45 am]
BILLING CODE 5001-08-P
