Defense Federal Acquisition Regulation Supplement; Motor Carrier Fuel Surcharge (DFARS Case 2008-D040), 59103-59105 [2010-23664]
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Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations
operations. Since the rule generally will
apply to DoD major end-item
contractors, and there are a limited
number of end items for which the
Government assigns these serial
numbers, the number of small entities
impacted by this rule is not expected to
be substantial.
The clause at 252.211–7008, Use of
Government-Assigned Serial Numbers,
requires the Contractor to mark the
Government-assigned serial numbers on
those major end items as specified by
line item in the Schedule, in accordance
with the technical instructions for the
placement and method of application
identified in the terms and conditions of
the contract, and to register the
Government-assigned serial number
along with the major end item’s UII at
the time of delivery in accordance with
the provisions of the clause at DFARS
252.211–7003(d).
The rule does not duplicate, overlap,
or conflict with any other Federal rules.
DoD considers the approach described
in the rule to be the most practical and
beneficial for both Government and
industry.
C. Paperwork Reduction Act
The Paperwork Reduction Act (Pub.
L. 96–511) does not apply because the
rule does not impose additional
information collection requirements that
require the approval of the Office of
Management and Budget under 44
U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 211 and
252
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 211 and 252
are amended as follows:
■
1. The authority citation for 48 CFR
parts 211 and 252 continues to read as
follows:
■
[Redesignated as 211.274–6]
2. Redesignate Section 211.274–5 as
211.274–6.
■ 3. Add new section 211.274–5 to read
as follows:
mstockstill on DSKH9S0YB1PROD with RULES
■
211.274–5 Policy for assignment of
Government-assigned serial numbers.
It is DoD policy that contractors apply
Government-assigned serial numbers,
such as tail numbers/hull numbers and
equipment registration numbers, in
17:41 Sep 24, 2010
Jkt 220001
Contract clauses.
*
*
*
*
*
(c) Use the clause at 252.211–7008,
Use of Government-Assigned Serial
Numbers, in solicitations and contracts
that—
(1) Contain the clause at 252.211–
7003, Item Identification and Valuation;
and
(2) Require the contractor to mark
major end items under the terms and
conditions of the contract.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
5. Section 252.211–7003 is amended
by revising the introductory text to read
as follows:
■
252.211–7003
valuation.
Item identification and
As prescribed in 211.274–6(a), use the
following clause:
*
*
*
*
*
■ 6. Section 252.211–7007 is amended
by revising the introductory text to read
as follows:
252.211–7007 Reporting of GovernmentFurnished Equipment in the DoD Item
Unique Identification (IUID) Registry.
As prescribed in 211.274–6(b), use the
following clause:
*
*
*
*
*
■ 7. Section 252.211–7008 is added to
read as follows:
252.211–7008 Use of GovernmentAssigned Serial Numbers
USE OF GOVERNMENT-ASSIGNED
SERIAL NUMBERS (SEP 2010)
PART 211—DESCRIBING AGENCY
NEEDS
VerDate Mar<15>2010
211.274–6
As prescribed in 211.274–6(c), use the
following clause:
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
211.274–5
human-readable format on major end
items when required by law, regulation,
or military operational necessity. The
latest version of MIL–STD–130, Marking
of U.S. Military Property, shall be used
for the marking of human-readable
information.
■ 4. In newly redesignated section
211.274–6, add paragraph (c) to read as
follows:
(a) Definitions. As used in this clause—
Government-assigned serial number means
a combination of letters or numerals in a
fixed human-readable information format
(text) conveying information about a major
end item, which is provided to a contractor
by the requiring activity with accompanying
technical data instructions for marking the
Government-assigned serial number on major
end items to be delivered to the Government.
Major end item means a final combination
of component parts and/or materials which is
ready for its intended use and of such
importance to operational readiness that
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Fmt 4700
Sfmt 4700
59103
review and control of inventory management
functions (procurement, distribution,
maintenance, disposal, and asset reporting) is
required at all levels of life cycle
management. Major end items include
aircraft; ships; boats; motorized wheeled,
tracked, and towed vehicles for use on
highway or rough terrain; weapon and
missile end items; ammunition; and sets,
assemblies, or end items having a major end
item as a component.
Unique item identifier (UII) means a set of
data elements permanently marked on an
item that is globally unique and
unambiguous and never changes in order to
provide traceability of the item throughout its
total life cycle. The term includes a
concatenated UII or a DoD-recognized unique
identification equivalent.
(b) The Contractor shall mark the
Government-assigned serial numbers on
those major end items as specified by line
item in the Schedule, in accordance with the
technical instructions for the placement and
method of application identified in the terms
and conditions of the contract.
(c) The Contractor shall register the
Government-assigned serial number along
with the major end item’s UII at the time of
delivery in accordance with the provisions of
the clause at DFARS 252.211–7003(d).
(d) The Contractor shall establish the UII
for major end items for use throughout the
life of the major end item. The Contractor
may elect, but is not required, to use the
Government-assigned serial number to
construct the UII.
(End of clause)
[FR Doc. 2010–23662 Filed 9–24–10; 8:45 am]
BILLING CODE 5001–08–P
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)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is adopting as final, with
changes, an interim rule that
implements section 884 of the National
Defense Authorization Act for Fiscal
Year 2009. Section 884 requires DoD to
ensure that, to the maximum extent
practicable, in all carriage contracts in
which a fuel-related adjustment is
provided for, any fuel-related
adjustment is passed through to the
person who bears the cost of the fuel to
which the adjustment relates.
SUMMARY:
E:\FR\FM\27SER1.SGM
27SER1
59104
DATES:
Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations
Effective Date: September 27,
2010.
Ms.
Mary Overstreet, Defense Acquisition
Regulations System, OUSD
(AT&L)DPAP(DARS), 3060 Defense
Pentagon, Room 3B855, Washington, DC
20301–3060. Telephone 703–602–0311;
facsimile 703–602–0350. Please cite
DFARS Case 2008–D040.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
mstockstill on DSKH9S0YB1PROD with RULES
A. Background
DoD published an interim rule at 74
FR 37652 on July 29, 2009, to
implement section 884 of the National
Defense Authorization Act for Fiscal
Year 2009 (Pub. L. 110–417). Section
884 requires DoD to ensure that, to the
maximum extent practicable, in all
carriage contracts for which a fuelrelated adjustment is provided, any fuelrelated adjustment is passed through to
the person who bears the cost of the fuel
to which the adjustment relates. Section
884 also applies to commercial contracts
for carriage.
Two respondents submitted
comments on the interim rule. A
discussion of the comments received
and the changes to the rule as a result
of these comments is provided below:
1. Comment. One respondent stated
that it is customary in the motor carrier
freight industry to assume a fixed cost
of diesel fuel with a cost recovery
mechanism (fuel surcharge) for a time
period exceeding 30 days. In the
majority of instances, approximately 99
percent of the time, industry passes fuel
surcharges to the party that pays for the
fuel. The respondent is concerned that
the new law will require documenting
100 percent of all activity and as a
result, there will be additional
administrative work and cost for no
appreciable benefit.
Response. DoD does not agree. The
statute requires that, to the maximum
extent practicable, any fuel-related
adjustment is passed through to the
person who bears the cost. Since, for the
majority of instances, industry passes
the fuel surcharges to the party that pays
for the fuel, contractor records would
reflect this. The only additional
documentation requirement would be
for the estimated one percent of actions
where the fuel-adjustment is not passed
through.
2. Comment. Both respondents stated
that there are some instances where it is
not practicable to mandate an absolute
requirement to pass the fuel-related
adjustment to the party that paid for the
fuel, and one respondent proposed the
following remedy:
VerDate Mar<15>2010
16:28 Sep 24, 2010
Jkt 220001
‘‘(a) Except in instances where doing so
would be impracticable, or pose a
disproportionate administrative burden, 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.
(i) Examples of impracticable instances
may include but not be limited to, spot bids,
one-time-only bids, or other services that are
provided within 30 days of the time service
was ordered.’’
Response. DoD agrees with the
respondents in part. The examples of
impracticable instances provided,
however, are for short-term
arrangements where there would not
generally be a fuel surcharge and where
the clause would not apply. DoD
recognizes there may be limited
instances where pass-through of fuel
surcharge may not be feasible. Since the
statute provides for application to the
maximum practicable extent, the clause
will include a statement that ‘‘Unless an
exception is approved by the
Contracting Officer,’’ the contractor shall
pass through any motor carrier fuelrelated surcharge adjustments to the
person, corporation, or entity that
directly bears the cost of fuel for
shipment(s) transported under this
contract.
This regulatory action was not subject
to review under Section 6(b) of
Executive Order 12866, Regulatory
Planning and Review, dated September
30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
B. Regulatory Flexibility Act
DoD does not expect this final rule to
have a significant economic impact on
a substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.
However, DoD has prepared a final
regulatory flexibility analysis consistent
with 5 U.S.C. 604. A copy of the
analysis may be obtained from the point
of contact specified herein. The analysis
is summarized as follows:
This final rule amends the DFARS to
implement section 884 of the National
Defense Authorization Act for Fiscal
Year 2009. Section 884 requires DoD to
ensure that, to the maximum extent
practicable, in all carriage contracts in
which a fuel-related adjustment is
provided for, any fuel-related
adjustment is passed through to the
person who bears the cost of the fuel to
which the adjustment relates. The
objective of the rule is to establish a
DoD contract clause with appropriate
flow-down requirements addressing the
statutory requirement for fuel-related
contract adjustments to be passed to the
entity bearing the cost of the fuel. The
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
clause is to be inserted in all contracts
with motor carriers, brokers, or freight
forwarders providing or arranging truck
transportation services that provide for
a fuel-related adjustment.
An interim rule was published on July
29, 2009, at 74 FR 37652 to which two
responses were received. The responses
indicated that current commercial
marketplace practices already reflect the
requirement to flow down any fuel
surcharge to the party that incurs the
cost of the fuel. Therefore, any impact
of this rule on small entities is expected
to be minimal.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because this rule does not
impose any new information collection
requirements that require the approval
of the Office of Management and Budget
under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 247 and
252
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations
System.
Accordingly, the interim rule
amending 48 CFR parts 247 and 252,
which was published at 74 FR 37652 on
July 29, 2009, is adopted as a final rule
with the following changes:
■ 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 revised 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.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
Subpart 252.2—Text of Provisions and
Clauses
252.212–7001
[Amended]
3. Section 252.212–7001 is amended
by revising the clause date, and the
■
E:\FR\FM\27SER1.SGM
27SER1
Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations
dates of the clauses in paragraphs
(b)(22) and (c)(2) to read ‘‘(SEP 2010)’’.
■ 4. Section 252.247–7003 is revised 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
(SEP 2010)
(a) This clause implements section 884 of
the National Defense Authorization Act for
Fiscal Year 2009 (Pub. L. 110–417).
(b) Unless an exception is authorized by
the Contracting Officer, 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.
(c) The Contractor shall insert the
substance of this clause, including this
paragraph (c), in all subcontracts with motor
carriers, brokers, or freight forwarders.
(End of clause)
[FR Doc. 2010–23664 Filed 9–24–10; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 40
[Docket DOT–OST–2010–0161]
RIN 2105–AE03
Procedures for Transportation
Workplace Drug and Alcohol Testing
Programs: Federal Drug Testing
Custody and Control Form; Technical
Amendment
Office of the Secretary, DOT.
Interim Final rule.
AGENCY:
ACTION:
The Department of Health and
Human Services recently issued a new
Federal Drug Testing Custody and
Control Form for use in both the Federal
employee and Department of
Transportation drug testing programs. In
order to accommodate the form’s use
within our transportation industry
program, the Department is making a
few necessary regulation changes in
order for collectors, laboratories, and
Medical Review Officers to know how
to use the new form. The form’s use is
authorized beginning October 1, 2010.
The Department is also making a
technical amendment to its drug testing
procedures. The purpose of the
technical amendment is to add a
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SUMMARY:
VerDate Mar<15>2010
16:28 Sep 24, 2010
Jkt 220001
provision of the rule which was
inadvertently omitted from the final rule
in August 2010.
DATES: The rule is effective October 1,
2010. Comments to this interim final
rule should be submitted by October 27,
2010. Late-filed comments will be
considered to the extent practicable.
ADDRESSES: To ensure that you do not
duplicate your docket submissions,
please submit them by only one of the
following means:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for submitting
comments.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Ave., SE., West Building
Ground Floor Room W12–140,
Washington, DC 20590–0001;
• Hand Delivery: West Building
Ground Floor Room W12–140, 1200
New Jersey Ave., SE., between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The telephone
number is 202–366–9329;
Instructions: You must include the
agency name and docket number DOT–
OST–2010–0161 or the Regulatory
Identification Number (2105–AE03) for
the rulemaking at the beginning of your
comments. All comments received will
be posted without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT:
Bohdan Baczara, U.S. Department of
Transportation, Office of Drug and
Alcohol Policy and Compliance, 1200
New Jersey Avenue, SE., Washington,
DC 20590; 202–366–3784 (voice), 202–
366–3897 (fax), or
bohdan.baczara@dot.gov (e-mail).
SUPPLEMENTARY INFORMATION:
Background
All urine specimens collected under
the Department of Transportation (DOT)
drug testing regulation, 49 CFR Part 40,
must be collected using chain-ofcustody procedures that incorporate the
use of the Federal Drug Testing Custody
and Control Form (CCF) promulgated by
the Department of Health and Human
Services (HHS). On November 17, 2009,
HHS published a proposal to revise the
CCF. [74 FR 59196] All the comments
submitted were thoroughly reviewed by
HHS and taken into consideration in
fashioning the new CCF. The
Department worked closely with HHS
on the new CCF. Recently, HHS
announced the new CCF in the Federal
Register [75 FR 41488] which has an
effective date of October 1, 2010.
The following items in the revised
CCF are worth noting for the DOT
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
59105
transportation industry drug testing
program:
(1) In Step 1 of the CCF, the Federal
testing authorities—HHS; DOT; and
Nuclear Regulatory Commission
(NRC)—are noted, with further
specificity for the DOT Agencies—
Federal Motor Carrier Safety
Administration (FMCSA); Federal
Aviation Administration (FAA); Federal
Railroad Administration (FRA); Federal
Transit Administration (FTA); Pipeline
and Hazardous Materials Safety
Administration (PHMSA); and the
United States Coast Guard (USCG) 1—
also noted;
(2) In Step 5A on Copy 1 of the CCF,
the new drug analytes MDMA, MDA,
and MDEA are added, as are ‘‘D9–
THCA’’ after ‘‘Marijuana Metabolite’’ and
‘‘BZE’’ after ‘‘Cocaine Metabolite’’ to
specify the drug analytes;
(3) In Step 6 on Copy 2 of the CCF,
a line has been included on which the
Medical Review Officer (MRO) would
write the drug for which a positive
result is verified, and a new line item
‘‘other’’ was added to assist the MRO in
documenting other ‘‘refusal to test’’
situations—for example, when there is
no legitimate medical explanation for
the employee providing an insufficient
amount of urine;
(4) In Step 7 on Copy 2 of the CCF,
a box has been added for the MRO to
check if the split specimen is reported
as cancelled; and
(5) On the reverse side of Copy 5—the
‘‘Donor Copy’’—of the CCF, are the
revised instructions for completing the
CCF.
Because HHS sought and received
comments on the form and its use, we
seek only to receive comments on the
actual implementation of the new CCF,
and not on the form itself.
In addition, the technical amendment
is intended to address an omission
which has been called to our attention
since the publication of the
Department’s final rule in August 2010
[75 FR 49850] which was intended to
create consistency with many of the
new drug testing requirements
established by HHS. Specifically, the
HHS Guidelines require laboratories to
report the concentration of the drug or
drug metabolite for a positive result to
the MRO. This was omitted from our
rule text in the section that directs what
laboratories are to report and how they
are to report it. We have amended the
rule text to reflect this requirement.
1 For purposes of following the requirements of
49 CFR Part 40, ‘‘DOT, The Department, DOT
Agency’’ is defined, at 40.3, to include the United
States Coast Guard.
E:\FR\FM\27SER1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 186 (Monday, September 27, 2010)]
[Rules and Regulations]
[Pages 59103-59105]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23664]
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is adopting as final, with changes, an interim rule that
implements section 884 of the National Defense Authorization Act for
Fiscal Year 2009. Section 884 requires DoD to ensure that, to the
maximum extent practicable, in all carriage contracts in which a fuel-
related adjustment is provided for, any fuel-related adjustment is
passed through to the person who bears the cost of the fuel to which
the adjustment relates.
[[Page 59104]]
DATES: Effective Date: September 27, 2010.
FOR FURTHER INFORMATION CONTACT: Ms. Mary Overstreet, Defense
Acquisition Regulations System, OUSD (AT&L)DPAP(DARS), 3060 Defense
Pentagon, Room 3B855, Washington, DC 20301-3060. Telephone 703-602-
0311; facsimile 703-602-0350. Please cite DFARS Case 2008-D040.
SUPPLEMENTARY INFORMATION:
A. Background
DoD published an interim rule at 74 FR 37652 on July 29, 2009, to
implement section 884 of the National Defense Authorization Act for
Fiscal Year 2009 (Pub. L. 110-417). Section 884 requires DoD to ensure
that, to the maximum extent practicable, in all carriage contracts for
which a fuel-related adjustment is provided, any fuel-related
adjustment is passed through to the person who bears the cost of the
fuel to which the adjustment relates. Section 884 also applies to
commercial contracts for carriage.
Two respondents submitted comments on the interim rule. A
discussion of the comments received and the changes to the rule as a
result of these comments is provided below:
1. Comment. One respondent stated that it is customary in the motor
carrier freight industry to assume a fixed cost of diesel fuel with a
cost recovery mechanism (fuel surcharge) for a time period exceeding 30
days. In the majority of instances, approximately 99 percent of the
time, industry passes fuel surcharges to the party that pays for the
fuel. The respondent is concerned that the new law will require
documenting 100 percent of all activity and as a result, there will be
additional administrative work and cost for no appreciable benefit.
Response. DoD does not agree. The statute requires that, to the
maximum extent practicable, any fuel-related adjustment is passed
through to the person who bears the cost. Since, for the majority of
instances, industry passes the fuel surcharges to the party that pays
for the fuel, contractor records would reflect this. The only
additional documentation requirement would be for the estimated one
percent of actions where the fuel-adjustment is not passed through.
2. Comment. Both respondents stated that there are some instances
where it is not practicable to mandate an absolute requirement to pass
the fuel-related adjustment to the party that paid for the fuel, and
one respondent proposed the following remedy:
``(a) Except in instances where doing so would be impracticable,
or pose a disproportionate administrative burden, 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.
(i) Examples of impracticable instances may include but not be
limited to, spot bids, one-time-only bids, or other services that
are provided within 30 days of the time service was ordered.''
Response. DoD agrees with the respondents in part. The examples of
impracticable instances provided, however, are for short-term
arrangements where there would not generally be a fuel surcharge and
where the clause would not apply. DoD recognizes there may be limited
instances where pass-through of fuel surcharge may not be feasible.
Since the statute provides for application to the maximum practicable
extent, the clause will include a statement that ``Unless an exception
is approved by the Contracting Officer,'' 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.
This regulatory action was not subject to review under Section 6(b)
of Executive Order 12866, Regulatory Planning and Review, dated
September 30, 1993. This rule is not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
DoD does not expect this final rule to have a significant economic
impact on a substantial number of small entities within the meaning of
the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. However, DoD has
prepared a final regulatory flexibility analysis consistent with 5
U.S.C. 604. A copy of the analysis may be obtained from the point of
contact specified herein. The analysis is summarized as follows:
This final rule amends the DFARS to implement section 884 of the
National Defense Authorization Act for Fiscal Year 2009. Section 884
requires DoD to ensure that, to the maximum extent practicable, in all
carriage contracts in which a fuel-related adjustment is provided for,
any fuel-related adjustment is passed through to the person who bears
the cost of the fuel to which the adjustment relates. The objective of
the rule is to establish a DoD contract clause with appropriate flow-
down requirements addressing the statutory requirement for fuel-related
contract adjustments to be passed to the entity bearing the cost of the
fuel. The clause is to be inserted in all contracts with motor
carriers, brokers, or freight forwarders providing or arranging truck
transportation services that provide for a fuel-related adjustment.
An interim rule was published on July 29, 2009, at 74 FR 37652 to
which two responses were received. The responses indicated that current
commercial marketplace practices already reflect the requirement to
flow down any fuel surcharge to the party that incurs the cost of the
fuel. Therefore, any impact of this rule on small entities is expected
to be minimal.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this rule does
not impose any new information collection requirements that require the
approval of the Office of Management and Budget under 44 U.S.C. 3501,
et seq.
List of Subjects in 48 CFR Parts 247 and 252
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
0
Accordingly, the interim rule amending 48 CFR parts 247 and 252, which
was published at 74 FR 37652 on July 29, 2009, is adopted as a final
rule with the following changes:
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 revised 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.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
Subpart 252.2--Text of Provisions and Clauses
252.212-7001 [Amended]
0
3. Section 252.212-7001 is amended by revising the clause date, and the
[[Page 59105]]
dates of the clauses in paragraphs (b)(22) and (c)(2) to read ``(SEP
2010)''.
0
4. Section 252.247-7003 is revised 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 (SEP 2010)
(a) This clause implements section 884 of the National Defense
Authorization Act for Fiscal Year 2009 (Pub. L. 110-417).
(b) Unless an exception is authorized by the Contracting
Officer, 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.
(c) The Contractor shall insert the substance of this clause,
including this paragraph (c), in all subcontracts with motor
carriers, brokers, or freight forwarders.
(End of clause)
[FR Doc. 2010-23664 Filed 9-24-10; 8:45 am]
BILLING CODE 5001-08-P
